Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-06-20

l-gEOiVuu0 BOagCO-
The Constitution itself makes the disttnc-
ton; and can no more be persuaded that |
the Goyernment can constitutioually take
no strong measured in time Of rebellion,
because 1t can be shown that the same
could not be lawfully taken 10 time of
peace, than ] can be persuaded that par
ticular drug is not good medicine for a sick
man, because it can be shown not TO be
good food for a we'll one. Nor am able
to appreciate the danger apprehended ny
the meeting that the American people Wall,
ny means Of military arrests during the
rebellion, lose the right of public discus
sion, the liberty of speech and the Press,
the law of evidence, trial by jury, aud
habeds corpus, throughout the indefinite
peaceful future, which trust lies before
them, any more than am able to believe
that man could contract SO strong an ap-
petite for emetics during temporary illness
as to persist in feeding upon them during
the remainder of his nealthful 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 deliberation with
which they prepared their resolutions. be
P0A0Ae1Su W SuPpOSSEtuhL tHls 0SSuhASN ~
accident, or 10 any way other than they
preferred to designate themselves "Demo.
crats' rather than "Americau citizens"
In this time of national peril would have
preferred to meet you on a level one step
higher than any platform; because am
sure that from such more elevated position,
we could do better battle for the country
we all love than we possibly can from
those lower ones, where, from the force of
habit, the prejudices of the past, and sell
fish hopes of the future, we are sure to
expend much of our Ingenuity and strength
IN finding fault with, and aiming blows at
each other. Buzz since you have deuied
me this, will yet be thankful, for the
couutry's sake, that not all Democrats
have done so. He on whose discretion
AIRY judgment Mr.. VaIlandigham was
arrested aud tried is Democrat, having
| no old party affinity with me; and the
judge who rejected the constitutional
view expressed in these resolutions. by
refusing to discharge Mr.. VaIlandigham
on HdbeGS corpus is Democrat of better
days from these, having received the judi
| cial mantle at the hand of President Jack
son. And still more, oil ali these demo-
Gratis who are nObly exposing their lives
aud shedding their blood IN the battle field,
have learned that many approve the
course taken with Mr.. Yalandigham, while
| have not heard of a single one condemn
hight cannot assert that there are
| none such. Aud the name of President
Jackson recalls an instance of pertinent
! 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
hut before official knowledge of it had ar.
| rived, Gen Jackson still maintained mar.
tial or military law. Now, that it could be
| said theiwar was over, the cIamor against
martial law, which had existed from the
first, grew more furious Among other
things n Mr. Louaillier published a denun.
ciatory newspaper article. General Jack.
son arrested him. A lawyer By the name
OF Morel procured the United States Judge
Hall to order u writ of hd6eGs corpus TO re.
lieve MIR. Louaillier. Gen. Jackson arrest.
| ed both the lawyer aud judge. A Mr. Hol
lander veutured to say of some part OF the
matter that SIT was a dirty trick" Gen
Jackson arrested him. When the
officer undertook to serve the writ of ha6saa
corpus Gen. jackson took it from him, anC
sent him away with copy. Holding tht
\ judge in custody few days, the Genera
sent him beyond the limits of his encamp.
ment, and set him at liberty, with AN or,
lder to remain till the ratification of peace
should be regularly announced, or unit
| the British should have left the sou. herr
coast. A day or two more elapsed, tn,
ratification of the treaty of peAcs was reg
ularlY announced, and the Judge and Others
were fully liberated. a few days more
aud the judge called Gen. jackson int
court and fined him thousand dollar
tor having arrested him and the others ma
med. The General paid the fine, and err,
the matter rested for nearly thirty years
when Congress refunded principal aud iu
terest. The late Senator Douglas, then il
the House of Representatives., took a lead
ing part in the debates, in which the con
stitutioual question wasrmuch discussed
am not prepared to say whom the jour
nails would show to have voted for tina
measure. sasaly t,
1t may be remarked First, that we hat
the same Constitution then as now sec
oudly, that We then had a case OF inva
sion, and now we have case of rebellion
aud, thirdly, that the permanent night o
the people to public discussion, the liber.
| ty of speech and of the Press, the trial b,
liury, the law of evidence, and the ha6sa;
! corpus, suffered no detriment whutever b,
that conduct of Gen. Jackson, or its subse.
quent approval by the American Congress
And yet, let me say that in my own dis
erection, | do not know that would have
ordered the arrest of Mr. yallandigham.-
While 1 cannot shift the responsibility
from myself, 1 hold that, as general
rule, the commander in the field is the
better judge ofgthe necessity in any par.
t'culsr case. OF course, must practice
general directory and revisory power in
the matter. r-5,-t
One of the resolutions expresses the
opinion of the meeting that arbitrary ar
rests will have the effect to divide and dis
tract those who should be united in SUP.
pressing the rebelliou5 and am Ispeci6caI-
". called on to discharge Sir. Vallandig-
ham. regard this as, at least, fair ap-
peal to me on the expediehcy of exercising
a, constitutional power which l think ex.
lists. In response to such appeal have to
say, it gave me pain when / learned that