The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1863-06-26

men, Must shoot supplemented soldier
bow who deserts, while must not touch a
hair of willy agita,or who induces him to
desert This is none the lesslnjurious " hen
effected by getting father or brother, or
friend into public meeting, and there work
ing upon his feelings until he is persuaded
TO write the soldier boy that he is fighting IN
bad cause, for a wicked Administration OF
a contemplate Government, too weak 10
arrest and punish him If he shall desert. L
think that III such care, to silence tne aSl'
tator and save the boy is not only constltu-
,ional, but withal great mercy.
If be wrong on this question of constitu-
t:onal mower, my error lies in believing that
certain proceedings are constitutional when,
in cases Of rebellion or invasion, the public
safety require them in other words that the
Constitution is not, in its application, in all
respects the same in cases of rebellion or in
vasion involving the public safety, as it is in
tines of profound peace and public security.
The Constitution itself makes the distinction
and can no more be persuaded that the
Government can constitutionally take no
strong measures in time of rebellion, because
lawfully taken in time of peace, than l can
be persuaded that particular drug Is not
good medicine for a sick man, because it can
be shown to be good for we'll one. Nor
am l able to appreciate the danger appre-
hended bv the meeting that the American
people will, by means of military arrests dur
ing the rebellion, lose the right of public
discussion, the liberty of speech and the
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
eme,ics during temporary illness as to persist
in feeding upon them during the remainder Of
his healthful life.
In giving the resolutions that earnest con-
sideration 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 pre-
pared their resolutions, be permitted to sup
pose that this occurred by accident, or in any
other way than that they preferred to desig-
nate themselves Democrats" rather than
american citizens" In this time of nation
al peril would have preferred to meet you up
on level one step higher than any party plat
form; because | am sure that, from such more
elevated posti on, 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 prejudlces of the past, the
selfish hopes of the future, We are sure to ex-
pend much of oui ingenuity and strength in
finding fault with and aiming blows at each
other. But since you have denied ne this,
will yet be thankful for the country's sake,
that not all Democrats have done so. He,
on whose discretionary judgment Mr.Nalian-
digham, was arrested and 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 MIR. Nallandisham on habeas cor
puS, is Democrat of betters days than these,
having received his judicial mantle at the
hands Of Presiden Jackson. And still more,
OF all those Democrats who are nobly expos
ins their lives and shedding their blood on
the battlefield, | have learned that many
approve the course taken with Mr. Vallan-
digham, while have not heard of single
one condemning it. | cannot assert that
there are none such. And the name of Presi-
dent Jackson recalls an incident 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,
but before official knowledge of it had arriv-
ed 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 the first, grew more
furious. Among other things MIR Louail-
ler published a denunciatory newspaper
article. Gen Jackson arrested him. A
lawyer by the name of Morel procured the
United States Judge (HalD to order a writ
of harbeas corpus to relieve MIR Louaillier.-
Gen Jackson arrested both lawyer and the
Judge, A Mr. Hollander ventured to say of
some part OF the matter that" it was dirty
trick" Gen Jackson arrested MIN. When
the officer undertook to serve the written
habeas corpus, Gen Jackson took it from
him, and sent him away with copy. Hold
ing the Judge in custody few days, the Cen
eral sent him beyond the limits of his en-
campment, and set hmi at liberty, with an
order to remain till the ratification of peace
should ne 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 announc-
ed, and the Judge and others were fully lib
Grated. A few days more, and the Judge
called Gen Jackson into court and fined him
one thousand dollars for having arrested him
and the others named. The General paid
the fine and there the matter restea for near
ly thirty years, when Congress refunded
principal and interest. The late Senator
Douglass, then in the House of Represeu.
tatives, took leading part in the debates, in
which the constitutional question was much
discussed. am not prepared to say whom,
the Journals would show to have voted for
the measure.
1t may be remarked: First, that we had
the same Constitution then as now secondly
that We then had case of invasion, and now
We have case of rebellion; 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 evi-
dence, and the habers corpus suffered nc
detrlment whatever by that conduct of Gen.
erai Jackson or its subsequent approval by
the American Congress.
And yet, let me say, that in my own dis.
cretlon, do not know whether | would have
ordered the arrest of Mr. Vallandigham.-
While cannot shift the responsibility from
myself, hold that, as a general rule, the com.
mander in the field is the better judge of the
necessity in any particular case. OF course
must practice general directory and rel
sorry power in the matter.
One of the resolutions expresses the opin.
ION OF the meeting that arbitrary arrests will
have the effect to divide and distract those
who should be united in sLppressing The