The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1863-06-24
TERMS -$l.50 PER hNWUM.


New Orleans, and while the fact that the
treaty of peace had been concluded was
well known in the city, but before tho
official knowledge of it had arrived, Gen.
jackson still maintained martial or mill;
tary law. Now, that 1t could be said the
war was over, the clamor against martial
law, which had existed from the first;
grew more furious. Among other things,
a MIR, Louiailier published denunoistory
newspaper article. Gen Jackson arrested
him A lawyer by the name OF Morel
procured the United States Judge Hall
to issue writ of habeaS corpus to relieve
Mr.. Louiallier. Gen. Jackson arrested
both the lawyer and the judge. A Mr..
Hollander yentUred TO say of some part
of the matter that sit was dirty trick"
| Gen. jackson arrested him. When the
officer undertook to serve the writ Of ha-
beas corpus, Gen. Jackson took it from
him, aud sent him away with copy.
Holding the Judge in custody few days.
the General sent him beyond the limits
Of his encampment, and set him at lib
erty, with an order to remain till the rat
ifcation Of peace should be regularly an
nounced, or until the British should have
left the Southern coast. A day or two
more elapsed, the ratification Of treaty
Of peace was regularl y announced, and the
judge and others were fully liberated. A
few days more, and the Judge called Gen.
Jackson into court and fined him 81 900
for having arrested him and the others
named. The General paid the fine, and
there the matter rested for nearly thirty
years, when Congress refunded principal
and interest. The late Senator Douglas,
then ia the House of Representatives,
took a leading part in the debates, in
which the constitutional question was
much discussed. I am not prepared to
say whom the journals would show to
have voted for the measure.
1t may be remarked: First, that wa
had the same Constitution then as now
secondly, that we then had case Of In
vasion, and now we have a case Of rebel
lion; and, thirdly, that the permanent
right Of the People to Public Discussion,
the Liberty of Speech and Of the Press,
the Trial by Jury: the Law of Evidence,
aud the Babeas Corpus, suffered DO det.
TlWent whatever by that conduct Of Gen.
Jackson,o or It's subsequent approval by the
Anerican Congress.
And yet, let me say that, in my own
discretion, do not know whether I would
have ordered the arrest of Mr. Fallandig-
ham. While | cannot shift ths respon-
sibility from myself, hold that, as gen.
eral lule, the commander in the field Is
the better judge Of the necessity in any
particular case. OF course, must prsc.
tice general directory and revisory Pow.
/ er IN the matter.
One Of the resolutions expresses the
opinion Of the meeting that arbitrary ar
rests will have the effect to divide and
distract those who should be united in
supPres>ing the Rebellion, and | am spe
cihcaly called on to discharge Mr. Val
landigham. | regard this as, at least, d
fair appeal to me on the expediency of
exercising Constitutional power which
think exists. In response to saeh aS-
peal, | have to say, il gave me pain when
I learned that Mr. Vallandigham had
been arrested-that is, | was pained THAI
there should have seemed to be nesss.
sity for arresting hlm-and that it will
afford me great pleasure to discharge him
SO soon as ! can, by any means, bslievs
the public safery will not suffer BY it. |
further say that, as the war progresses, il
appears to me, opinion and action, which
were in great confusion at first, take shape
and fall into more regular channels, so
that the necessity for strong dealing with
them gradually decreases. have every
reason to desire that it should cease alto
gether; and far from the least is nay re.
gard for the opinions and wishes of those
who, like the meeting at Albany, declare
their purpose to sustain the Government
in ev3ry Constitutional and lawful meas-
ure to suppress the Rebellion. Still, [
must continue to do so much as may seeat
to be required by the public safety.
! A. LINCOLN: