, 1856-09-05
Letter from =. ". Lander, ESa.
%WAsnINGroN, July /, lS5


Weekly Times was published in the New
York Herald of June 81. 1t contains the
following paragraphs, and refers to Affairs
in Washington Territory, and to the dec
laration Of martial law and arrest of Chic
Justice Lander by Gov Stevens
LIST. Governor Stevens declared martial
law in Pierce county because it was his
duty, and the law and the evidence justified
him in SO doing he would have failed in
his duty if he had not
cd. Judge lander knew of the exist,
cnce of martial law at the time he com
mcnced holding court that it was contra
ry to law to attempt it. and he must have
known it.
3D.. lie was n prisoner at the time he
attempted to hold court at Olympia, and
cited Gov. Stevens to appear before him
and release the prisoners. This is contrary
to law and public policy in time of war,
when martial law exists.
4th To meet this state of things Gov,
Stevens declared martial law at Olympia,
and again captured Lander, sent him to
Fort Montgomery for safe-keeping until hd
lOgs the hostile Indians and restores peace
to the Territory
9th. Judge Lander, after being arrest
cd by the Governors orders, issues q writ
for the arrest and Imprisonment of Gov
Stevens but the Marshal could get no
one to help him, and the faroe ended. We
think the judge was mixing up matters
rather too freely-his civil law and his mill
tary law were badly mixed together
" l enclose to you the original article
from which this extract is taken, and beg
you to observe that the writer, who has
constituted himself judge Of both the law
and the facts in the case, does not fail to
state that the associate judges and the en-
tire bar Of Washington Territory with one
eXception) concur in the opinion of Judge
Lander and sustain him in the course he
has adopted The exception is gentle
man named Monroe, once associate justice
of Washington Territory, but recently re-
moved by the President.
" l will also request you to take notice
that, prior to the declaration Of martial
law, Judge Lander was performing the
duty of volunteer soldier; for, in the
words Of the article, 1t. Col. Lander,
fresh from the field Of fighting Indians, lay
down the sword, and again assumed the
judicial robes and summoned Gov. Stevens
to appear before him, and give an account
of his conduct for holding these men in
custody
" 1t is my belief that both Of these gen.
tlemen are entitled to tie verdict Of their
couutrymen and to the judgment of the
constituted authorities, and that that judg-
ment should not be anticipated by newspa-
per articles stating only one side Of the
question.
If Gov. Stevens believed it his duty to
declare martial law, it may be seen that
Judge Lander did not concur in the opinion
OF Gov. Stevens. If the civil Governor
had constituted himself o military com
mandant, the Chief Justice had not surren-
dered his own high Office in becoming the
citizen soldier. BY his oath to support the
constitution, he, too, had o duty to per-
form.
:" If he returned to End Tin his belief the
dearest prerogative of the American citi-
zen--,he constitutional rights Of the kaJeHs
corpus and of the trial by jury-invaded,
he would have been unworthy Of the name
Of judge had he failed Of the strict observ-
ance Of the very letter Of the law. But he
did not fail.
He interposed the bulwarks Of the con
stitution between the humble adopted citi-
zen-the hated Hudson Bay Catholic, mar
ricd to Sgato-and the military dictator
ship, which might only represent the mad
impulses Of hostile vigilance committee,
smarting under the sense Of outrage borne.
"The editor of the Acknowledgements
terms this act of Judge Lander'S farce.
In the important New York Herald it
reaches the outer world as farce Judge
Lander now remains shut up in Fort Mont
gomery as a farce. But the worst farce in
the premises is, that an American citizen
should be shut out from hearing before
the American people.
lie has been grossly assailed, even when
under arrest, for only doing what he con-
ceived to be his duty. GA
ale graduated at Harvard University,
and with honor at the Cambridge law
school, then under Judge Story. LIE has
been distinguished through life for probity,
calmness, and that sort Of educated diScre-
ton which avoids all notoriety.
But in the present instance he could
find no loop-holc of escape from collision
with Gov. Stevens.
Congress alone has power to suspend the
writ of haJeas corpus, and Congress had not
suspended it. 1t is not at the option, but
absolutely obligatory on the justice to issue
it on application of any party held in doubt
tul Imprisonment, He would have been
liable to impeachment had he failed Of do
ing SO.
Judge Lander is my brother l have
full faith in his honor, his integrity, and
high legal knowledge. l believe him to
be actuated by the truest instincts of the
Christian and the man.
at is one Of the privileges of my life to