The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1863-06-19


Now, that it could be said the war was
over, the clam, against martial law,
which had existed from the first, grew
more furious. Among other things
Mr. Louailher published denunciatory
newspaper article General jackson ar
rested him. A lawyer by the name of
Aorel procured the United States Judge i
Hall to order writ of habeas corpus to |
relieve Mr.. Louaillier General Jackson |
arrested both the lawyer and the Judge. |
A Mr. Hollander vetured to say of some
part of the matter that 4" it was dirty
trick" General jackson arrested him.
When the officer undertook to serve the
writ of habeas corpus, General Jackson
took it from him, and sent him away
with copy. Holding the Judge in Gus
tody few days, the General sent him
beyond the limits of his encampment, and
set him at liberty, with an order to re-
main 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 General Jack
son into court and fined him thousand
dollars for having arrested him and the
others named The General paid the
fine, and there the matter rested for
nearly thirty years, when Congress re-
| funded principal and interest The late
Senator Douglas, then in the House of
Representatives, took a 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 a case of in
vasiou, and now we have case of re-
bellion; 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,
and the hdbeas corpus, suffered no det-
riment whatever by that conduct of Gen.
jackson, or its subsequent approval by
the American Congress.
And yet, let me say, that in my own
discretion, l do not know whether
would have ordered the arrest Of Mr.
Vallandigham While l cannot shift the
responsibility from myself, | hold that
as general rule, the commander in the
field is the better judge of the necessity
in any particular case. Of course,
must practice general directory anC
revisory power in the matter.
One of the resolutions expresses the
opinion of the meeting that arbitrary ar
rests will have the effect to divide anC
distract those who should be united il
suppressing the rebellion, and l am spe
officially called on to discharge Mr.. Val
landighau. | regard this as, at least,
fair appeal to me on the expediency o
exercising constitutional power which
l think exists. In response to such al
appeal / have to say, it gave me pail
when / learned that Mr.. Vallandighau
had been arrested-that is, was paine
that there should have seemed to be
necessity for arresting him-and that
will afford me great pleasure TO diScharg
him as soon as can, by any means, be
lieve the public safety will not suffer
it. L further cay, that ae the war Pr
crosses, it appears to me, opinion an
action, which were in great confusion 8
first, take shape and fallinto mo reregula
channels, so that the necessity for stron
dealing with them gradually decrease
| have every reason to desire that
should cease altogether, and far fro
the least is my regard for the opinion
aud wishes of those who, like the NEE
ing at Albany, declare their purpose
sustain the Government in every const
tutional and lawful measure to suppre
the rebellion. Still, must continue
do SO much as may seem to be require
: by the public safety.