The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1863-06-27

shown not to be good food fora we'll one.
Nor am able TO appreciate the danger
apprehcndel by The NEE ing that the
American people Will, by means of milf
tary arrests during the Rebellion. lose
he right of Public Discussion, the Lib
erty of Speech and the Press, the Law
of Evidence, Trial by Jury, Habeas Cor
pus, throughout the indefinite peaceful
future, which trust lies before them,
any more than am able to believe that
man could contract so strong an appe-
tlte for enc'ics during temporary illness,
as 10 persist in feeding upon them dur
ing the remainder of his hcalthful life.
In giving the resolutions that earnest
consideration which you required Of me,
/ canno' overlook the fact that the meet
ing speak as 90 Democrats" Nor can |,
with full rcspec for their known intelll-
sence, aud the fairly presumed delibcra-
ton with which they prepared their
resolutions, be permitted to suppose that
this occurred by accidcn', or in any way
other than that they preferred to desig-
nate themselves " Democrats" rather
than q" American citizens" In this time
of national peril, would have preferred
to meet you upon level one step higher
than any party platform; because am
sure thai, from such more eleva ed posi-.
tion, 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 prciudces of the past,
and selfish hopes of the future, we arc
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 couniry's sake, that not
all Democrats have done so. lie on
whose discretionary Judgment Mr.. Val
landigham was arrested and tried is a
Democrat, having no old party affinity
with me and the judge who rejected
he constitutional view expressed in these
resolutions, by refusing to discharge Mr..
NallandigIam on habeas corpus, is
Democrat of better days than these,
having received his judicial mantle at the
hands of President Jackson. And sill
more, Of all those Democrats who are
nobly exposing heir lives and shedding
their blood on the battlefield, have
learned tina many approve he course
taken with Mr. Nallandi CHAM, while
have not heard of a single one condemn
ing it. Aud the name OF President
Jackson recalls an instance Of pertinent
history : After the battle of New Or
leans, and while the fact tia the treaty
Of peace had been concluded was well
known in the city, but before official
knowledge Of It had arrived, General
Jackson still maintained martial or mill
tary law. Now, that it could be said
the war was over, the clamor agains
martial law, which bad existed from the
first, grew more furious Among other
Things, a Mr. Louialier published Il
dennhclary newspaper article. General
Jackson arrested him. A lawyer by the
name Of Morel procured the United
States Judge Hall TO issue a writ of
habeas corpus to relieve Mr.. Louialier.
Gen. JackSo arrcs ed both the lawyer
ard the judge a Mr.. liolIandcr ven
tnrcd to say of some part Of the matter
that g it was a dirty trick" General
jackson arrested An. VIXEN the officer
undertook to serve the writ of habcas
corpus, Gen. jackson took it from him,
aud sent him away with copy. Hold
Ing the judge in custody few days, the
General seat him beyond the limits of
his cocanpmont, and Sc. him i. liberty,
with an order to remain till he ratitica-
ton Of peace should be regularly an
nounced, or until the Bri ish should have
left the Southern coast. a day or two
more elapsed, the ratification of treaty
of peace was regularly announced, and
the judge and others were fully liberated.
\ few days more, and the judge called
Gen jackson into court and fined HIM
$ 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 in the House
Of Representatives took a leading part
in the debates, in which the constitu-
tional question was much discussed
| am not prepared to say whom the jour
nails 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 a case of
invasion, and now we have case of
rebellion and, thirdly, that the perma-
nent right of the People to Public Dis
cussion, the Liberty of Speech and of
the Press, the Trial by Jury, the Law
of Evidence, and the Habeas Corpus,
suffered no dctriment whatever by that
conduct of General jackson, or its SUBJ
rcquent approval by the American Con-
gress.
And yet, let me say that, IN my own
discretion, do not know whether |
would have ordered the arrest of Mr..
Vallandigham. While / cannot shift
the responsibility from myself, l hold
that, as a general rule, the commander
in the field is the better judge of the
necessity in any particular case. OF
course, | must practice general drec-
tory and revisory power in the matter.
One Of the resolutions expresses the
opinion of the nee ing that arbitrary
arrcs will have the effect to divide and
distract those who shou!d be united IN