Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1863-06-30


father, or brother, or friend, into a pub
lie meeting. and there working upon his
feelings until he is persuaded to write the
soldier boy that he is fighting in bad
cause, for wicked Administration Of a
contemplate Government, too weak to ar
rest and punish him if he shall desert.
think that Ia such case, to silencs the
agitator and save the boy is not only con-
stitutional. but wit al great mercy.
If | be wrong on this question Of con-
stltutional power, my error lies in believing
that certain proceedings are constitutional
when, in cases of rebellion or invasion, the
public safety requires them. which would
not be constitutional when, in absence of
rebellion or invasion, the public safety does
not require them; in other words, that the
Constitution is not, in its application, in all
respects the same, in cases of rebellion or
invasion inolving the public safety, as it
is in times of profound peace and public
security. The Constitution itself makes
the distinction; and can no more be per-
suaded that the Government can constitu-
tionally take no strong measures III time
of rebellion, because it can be shown
that the same could not be lawfully taken
in time of peace, than can be persuaded
that particular drug is not good medicine
for sick man, because itcan be shown to
not be good for well one. Nor am |
able TO appreciate the danger apprehended
bv the meeting that the American people
will, by means of military arrests during
the rebellion, lose the right of public dis
cussion, the liberty Of speech and press, the
law Of evidence, trial by jury, and habeas
corpus, throughout the indefinite peaceful
future which trust lies before them, any
more than | am able TO believe that a man
could contract so strong an appetite for
emetics during temporary illness as to per-
sist in feeding upon them during the re-
mainder OF bis healthful life.
In giving the resolutions that earnest
consideration which you request of me, |
cannot overlook the fact that the meeting
speak as democrats" Nor can |, with
full respect for their known intelligence
and the fairly presumed delberation with
which they prepared their resolutions, be
permitted to suppose that this occurred by
accident. or in any way other than that they
preferred to designated themselves "Delno-
Gratis" rather than "Amercan citizens" IN
this time of national peril | would have
preferred to meet you upon level one
step higher than any party platform; be
cause | am sure that. from such more ele-
waited position, we could better battle for
the countr. we all love than we possibly
can from those lower ones where, from the
force Of habit, the prejudices Of the past,
and selfish hopes Of the future, We are sure
to expcnd much of our ingenuity and
strength in finding fault with and aiming
blows at each other. But, since you have
denied me this, will yet be thankful, for
the country's sake. that not all Democrats
have done so. He on whose discretionary
judgment Mr.. Vallandigham was arrested
and tried is Democrat, having no old par
ty affinity with me; and the judge who re-
iacted the constitutional view expressed 10
these resolutions, 10y refusing to discharge
Mr. Valandigham on hdbedS corpus, Is
Democrat, of better days than these, having
received his judicial mantle at the hanls Of
President jackson. And still more, of all
those Democrats who are molly exposing
their lives and shedding their blood on the
battle field,I have learned that many APP
prove the course taken with Mr.. Vallandig-
ham, while lave not heard Of single Que
condemning it. | cannot assert that there
are more such. And the name of Presi-
dent Jackson recalls an incident of peril
nent history. After the battle of New
Orleans, and while the fact that the treaty
Of peace had been concluded was well
known in the city, but before official
knowledge of it had arrived, Gen. Jackson
still maintained martial or military law.
Now that it could be said the war was
over, the clamor against martial law, which
had existed from tie first, grew more flu
rious. Among other things a Mr.. Lou
ailer published denunciatory newspaper
article Gen Jackson arrested him. A
lawyer by the name of Morel procured the
United States Judge { Hal) to order writ
Of habeds corpus to relieve Mr.. Louailher.
Gen. Jackson arrested both the law er aud
the Judge. A Mr.. Hollander ventured to
say of some parts of the matter that cit
was dirty trick" Gen. Jackson arrested
him. When the officer undertook to serve
the writ Of habeds corpus, Gen. Jackson
took it from him, and sent him away with
copy. Holding The Judge in custody a
few days. the General sent him beyond the
limits of his encampment, and set him at
Liberty, with an order TO remain till the
ratification of peace should be regularly
announced, or until the British should have
left the Southern coast. A day or two
more elapsed, the ratification Of the treaty
Of peace was regularly announced, and the
Judge and others were fully liberated. A
few days more. and the Judge called Gen.
Jackson into court and fined him a thou
sand dollars for having arrested him
and the Others named. The General pail
the fine, and there the matter rested for
nearly thirty years, wren Congress refund
ed principal and interest. The late Sena-
tor Dougk.s, then in the House of Repre-
.axtativ,c atoak laodinr mort IN tha ia.