Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1862-12-13
nepunLlcAN JUDGE On ARBi.
raA ~ AIR EST0.


Herald q ls,tsr to the President, upon
the subject Of arbitrary arrests by the
War Department. 1t will be seen by
reference to tho letter rc.publishcd in
our column. to-day, that . relative OF
Judge Goald's WAS the victim OF one OF
Secretary S.auton's lettres de caches.
His alleged offense was fraud upon
the Government in altering contractors
drafts. Judge Gould rightly argues
that admitting the guilt Of the accused,
the crime was still one Of which the
proper courts could take cognlzance,
and that the arrests under instructions
from the War Department was viola
la,iou OF the rights Of citizen and an
outrage upon the Sovereignty OF the
State OF New York.
Without stopping to enquire how lar
Judge Gould was Influenced in his &C
ton by the accused being relative, OF
discussing the question whether under
other circumstances he would have
deemed it his duty to address tie Pro
sident upon tho subject We may
still congratulate the country that he
has seen proper to add his voice to the
popular ve,dict which has condemned
such unwarrsntsble stretches OF Exc
cutive power.
We believe and trust that there will
be little csnse in future TO complain OF
the violation of the right which every
citizen OF the United States has 10 a
speedy and impartial hearing of any &C
cusation which may he brought against
him. The cells of Fort Warren and
Fort Lafyettc have been cmpticd Of
their prisoners, and they will not be
filed again we imagine without some
thing more than mere pro,es. against
so violet an nsurp ton OF power on
the part of the administration. New
Jersey has begun the work Of inqniling
into these arrests by indictlng several OF
the officers who were instrumental in
akng them. The Governor elect OF
New York has avowed his intention Of
resisting with the whole force Of the
State any such Infringement upon the
liberty of it's citzens. The people OF
the United States in the recent elections
have condemned the practice, and it is
safe to assume that tho President and
his advisers bowever willing to continue
such course, will yield to the pressure
and abandon policy SO directly in
violation Of the Constitution of the Uni.
ted States, and 80 utterly subversive Of
every principle of free Government.
Every citizen of the United States,
be he Republican or be he Democra, is
virtually intere. ted in the maintenance
ofthe trial by jury, and the right to
free speech, and nothing but the ex.
tremest necessity can justify any depar-
ture from the expires, provisions OF our
fundamental law upon these qestions.
We hsve never seen the necessity
I or such arrests 10 any ofthe loyal States.
We have laws amply sufficient for the
trial and punishment of criminals, and
no contingency has ever existed which
in our opinion authorized their suspen
sion. 1t is a mistaken notion that
criminal has no legal rights. The yiIest
thief, the most atrocious murderer, has
rights which the law guarantees to him,
and among these is the right to anex
animation into the cause of bis arrest,
and q speedy and impartial trial by
jury. The nature Of the..ctime does not
alter these rights, and a traitor until he
is legally condemned has the same right
to be heard in his defense as one who
has been guilty OF no crime whatever.
The day of arbitrary arrests is over
The authorities in Washington may
shut up their Prisons and discharge
their Provost Marshsls, for the people
the tree and legitimate soyereigns OF
the country have informed the powers
that be, that no farther iuirlngemen,
upon their rights will be permitted, and
that any future attempt to exercise des-
potic power will be met with the stern.
est resistance.
Tue Postmaster Generals Report.
The report for this year exhibits a
very feslth financial condition Of the
ost-omce department, and shows it to
be thoroughly iDpregnated with the
UNH.