Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1862-02-19
Memorial of James w. Wall, ESQ, to
the Legislature Of New Jersey.

~ He nc"ute ana H0u5e Q Assembly Of N,
State Of Ne0 Jerscy:
Your memorialist represents TO your
honorable bodies That he is a citizen of
the State of New Jersey, and fully entitled
to all the rights, privileges and immuni.
ties pertaining 10 such citizenship. That
on the eleventh day of September last he
was arrested by Benajah Deacon, United
States Marshal for New Jersey aCcompa-
MED by an armed force, W. r. Allen, May
or Of the city of Burlington, being present,
and assisting with one or two of his police
That the sald Marshal, being called upon
for his authority, produced printed form
or order in the words following, as near
as your memorialist can recolect:
"Benajah Deacon, Esq, Marshal, dc. You
are hereby commanded to arrest James w. Wall,
of the city Of Burlington, and convey him to Fort
Lafayette, in the New York harbor forthwith.
By order Of the Secretary Of War. Dated, Wash
ington, Sept, 1861"
Upon reading this most extraordinary
document your memorialist demanded of
the Marshal the nature and cause of the
accusation against him, and copy of the
affidavit Or information upon which such
warrant was based, lie took OCCASION at
the same time to deny the right of any
member of the Presidents Cabinet to Isl
sue any such warrant, much less the Sec
retary of War, and warned the Marshal
that he would hold the Secretary respon-
sible, and all who presumed to act under
his authority that this official had over
stepped the limits of his official authority
and having usurped powers not delegated
to him by the Constitution, or by some
law made in pursuance thereof, he had
put himself beyond the pale of the pro,
lection of his office, and was liable like
any private citizen with this distinction,
that having used his official position to
effect this gross injustice and oppression,
it was great aggravation Of his guilt, and
would be considered so in criminal pros
ecution, or in asking for exemplary dams
ages in a civil action.
TO this protest and warning Of Your
memorialst, the Marshal made the follow
ing most extraordinary reply: "That he
knew nothing Of the cause and nature of
the accusations, or OF any affidavit or atiir,
nation upon which the warrant was based;
that he had received the order through
the post office, and was bound to execute
| it at all hazards, and if any resistance was
made, he would resort to the armed force
then surrounding the house"
Upon YOUR memorialist requesting time
for rreparation, and TO have an interview
with his family, it was peremptorily refus-
ed bv the Marshal, who further declared
"tbgt he had orders TO take Jour n,eD,0rialia at
once 10 Ne0 York, via the Camden and AmJoy
line, ,yhich ,gould pass through B'rfi"gton IN the
course often or fifteen minutes"
Against such ar arbitrary exercise Of
power as this, never surpassed by the most
subseryient minion of the vilest despotism
in Furope. your memorialist entered his
most sol emn protest, and prepared to re-
sist such invasion Of his rights by physical
force. Resistance, however, proved in
vain. and YOUR me norialist having sucr
ceeded in reaching the hall of his house,
ives there overpowered by large armed
force, 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 United States military author
Gritty commanding at Fort Lafayette, IN
New York harbor.
In this Government fortress he was con-
| fined for nearly two weeks, his correspon'
dence subjected to the most impudrnt
surveillance, and his person to all those IN"
dirnities and petty annoyances which
military despotism understand so well how
TO inAict. He was finally released from
confinement upon taking what was called
an oath of allegiance, an eXtraJudlclal
oath. but unobiectionable to your memo
rialist, inasmuch as it pledged him ito pro-
tect and defeud the Constitution against all as
enemies" thus imposing, if it were possible
to do so. additional obligations upon him
to resist the unconstitutional acts OF this
high official, and punish his gross viola
tions of the personal liberty of the subject.
There can be no greater enemy to the
Constitution than that man, who, beneath
the cloak of power, conceals the stlletto
with which he thrusts at its vtals.
Since his release your memorialist has
apnlied again and again TO the Secretary
of War, for the cause and nature of the
accusations against him; but thus far all
his applications have received not the
slightest notice. This persistent silence
of the Secretary of War raises the pre-
sumption that the unconstitutional war;
rant bv which he dared to deprive a citir
zen OF New Jersey of his liberties, has not
even the bald pretence OF written accu.
sation to give it the flimsiest shadow of a
decent formality.
Your memorialist, by reason of this
cruel, unmanly silence of the War Depart
ment. has been compelled to submit to
have his good name and fame called in question,
bis loyalty 10 the Constitution dcubtsa, and the
most ,ugrounded and unjust prGudiceS engcnder-
ed AGAINST him. 1t is the grossest injustice
TO place an individual in such position
violate all the rights, privileges and inn
munities that belong to MIN rs citizen
nunish him as If he we're the vilest GRIM
nal. and then cruelty withhold from him
the nature and cause of the accusation
against him.
Your memorialst therefore makes this
appeal to the legislature of his native
State. that il will, through our Senators
and Representatives in Con gress, demand
a.