Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1862-02-15
Select MlistcIlann.
Memorial of James W. Wall, gs0,.
TO THE LEGISLATURE OF NEW JERSEY

10 tie H0A0rab1e tie Senate a.d House OF
.HSSe7'd[y Of tic STATE Of NeW Jersey
Your memorial t represents to your
Honorable bodies-That he is citizen of
the State of New jersey, and fully emit
tied to all the rights, privileges and immu
mites pertaining to such citizenship. That
on the eleventh day of September last he
was arrested BY Bcnajah Deacon, United
States Marshal for New Jersey, accom-
panied by an armed force, William r.
Allen, Mayor of the city of Burlington,
being present, and assisting with one or
two Of his police. hat the said Marshal,
upon being called upon for his authority,
produced printed form or order in the
words following, as near as your memor,
ialist can recollect
"IO Bonajah Deacon, Esq, Marshal
&c. You are hereby commanded to ar.
rest James W. Wall, Of the city Of Bur
llngton, and convey him to Fort LAFAYETTE,
IN the New York harbor, forthwith, Bv
order of the Secretary of War. Dated
Washington Sept. 1861.
tpon reading this most singular docu
mcnt, your menoriaist demanded of the
Marshal the nature and cause of the ac
cuaati0n against him, and copy of the
affidavit or affirmation upon which such
warraRt was based. He took occasion at
the same time to deny the right of any
member Of the Presidents Cabinet to is
sue any such warrant, much less the Sec.
retary of War, and warned the Marshal
that he would hold the Secretary responsi.
bic, and all who presumed to act under
his authority; that this official had in this
overstcpped the limits of his official author.
ity, and having usurped powers not dele,
gated to him by the Constitution, or by
some law made in pursuance thereof, be
had put himself beyond the pale OF the
protection Of his Office, and was liable like
any private citizen, with this distinction
that having used his Official position to
effect tA.a -ross injustice and oppression
1t was great agyrayation OF his guit, and
would "c considered so in a criminal pros
ecuuon, or in asking for cxemp airy dana
ges in civil action.
10 this protest and warning of your
memorialist, the Marshal made the fol-
loving most extraordinary reply: "That
he knew nothing of the cause and nature
OF the accusations, or Of any affidavit OF
atlEmation upon which the wa rant was
based that he Lad received the order
through the post Office, and was bound to
execute it at all hazards, aud if any re.
sistanco was made, wo would resort to the
armed force then surrounding the house
Upon your nemorialist requesting time
tor preparation, and tc have an interview
with his family, it was poremptorly re.
fused by the Marshal, who further declar,
ed ''th II he hud O7o'e,S to take your mtU1.
orSthSt Ut once 10 Nag York vt4 the Cum.
c'en amt .4mb2y lie, which aropiH pas
through Ba,lt~gton IN tie course Of len
Or f,leea m3"itea"
Against such an arbitrary exercise o.
power as this, never surpassed by the most
subserVient minicn Of the yilost despotism
in Europe, your memoralist entered his
most solemn protest, and prepared to re
sist such invasion of his rights by physical
force. Resistance, however, proved in
vain, and your mcmOriali;t having sue
ceeded in reaching the hal Of his house
was there oyerpowered by large armed
fore, torn from the midst of his family
and dragged to the railroad station. From
thence he was conveyed prisoner by the
Marshal, accompanied by six of his armed
posse not only through the State Of New
Jersey, but through portion of the State
OF New York, and in that State delivered
over to the U tied States military author
ity com handing AT Fort Lafayette, in New
lorA Aurbor.
lu this Government fortress he was con.
fined ior n-arly two weeks, his correspond.
opcc subjected to the most impudent sur.
yeiiaucc, aud his person to all those in
dignities and petty annoyances which a
military dcspotism understand so well how
confinement upon taking what was called
an oath of allegiance, an extra judicial
oath, unknown to the Constitution and The
laws, but unobjecionable to your memoir
alist, inasmuch as it pledged him so pro
tect aIm agle"d me Constitution against
all its enemieS," thus imposing, if it were
/ possible to do SO, additional obligations up,