Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1863-07-02

Ing the public safety, as 1t Is in times oil
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 Tins of rebellion, be-
cause it can be shown that the same could
not be lawfully taken in time of peace
than can be persuaded that a particular
drug is not good medicine for sick man.
because it can be shown to be not good
food for a well one. Nor am | able to
appreciate the danger apprehended by 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 the
press, the law Of evidence, trial by jury.
and haJeas corpus. throughout the in
definite peaceful future. which trust lies
before them, any more than / am able to
believe that man could contract so strong
an appetite for cmetics during temporary
illness as to persist in feeding upon them
during the remainder Of his healthful life.
In giving the resolutions that earnest
consideration which you request of me.
| cannot overlook the fact that the meet
ing speak as Democrats" Nor can l,
with full respect TO their known intel
ligence. and the fairly presumed delibera-
tion with which they prepared their reso-
lutions. be permitted to suppose that this
occurred by accident, or in any way other
than they preferred to designate them
selves Democrats rather than American
citizens" In this time of national peril
[ would have preferred to meet you on
level one step higher than any party
platform; because | am sure that, from
such much more elevated position, We
could do better battle for the country we
oil 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 ex-
pend much of our ingenuity and strength
in finding fault with, and aiming blows
at ca III 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 MIR. Vallandigham was arrested
and tried is Democrat, having no old
party affinity with me, and the judge
who rejected the constitutional view ex-
pressed in these resolutions, by refusing to
discharge Mr.. Vallandigham on ha5sas
corpus, is Democrat of better days than
these. having received his judicial mantle
at the hands Of President jackson. And
still more, of ell those Democrats who
are nobly exposing their lives and she'd
ding their blood onthe battlefield. l have
learned that many approve the course
taken with Mr.. Vallandigham. while /
have not heard of single one condemning
it. cannot assert that there are none
such. And the name of President Jack
son recalls an instance of pertinent bis
tory. After the battle of New Orleans.
and while the fact that the treaty of peace
had been concluded was we'll known in
the city. but before official knowledge of
it had arrived. Gen. Jackson still main
tanned martial or military law. Now,
that it could be said the war was over, the
clamor against martial law, which had
existed from tbs first, grew more furious.
Among other things Mr.. Louailier
published a denunciatory newspaper arti-
Gle. Gen. jackson arrested him. A
lawyer by the name of Morel procured the
United States Judge Hall to order q writ
of ha5eas corpus to relieve Mr.. Louailier.
Gen. jackson arrested both the lawyer
aud the judge. A Mr.. Hollander ventur-
ed to say of some part of the matter that
"it was a dirty trick" Gen. Jackson
arrested him. When the officer under
took to serve the writ Of ha5eas corpus.
Gen. jackson took it from him, and seat
him away with a copy. Holding the
Judge in custody few days. the General
sent him beyond the limits of his en-
cam pment, 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 tbs treaty Of
peace was regularly announced, and the
Judge and others were fully Ebel ated.-
A few days more, and the judge called
Gen. Jackson 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 Congrese re-
funded principal and interest. The late
Senator Douglas. then in the House of
Representatives. 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 that measure. -
1t may be remarked: First, that we had
the same Constitution then as now; Sec
ondly, that we then had case of invasion,
and now weahave. .. 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 evidence, and the habeas cor
pus, suffered no detriment whatever by
that conduct of General Jackson. or its
subsequent approval by the American
aCongresssinIhA 1851 80 hjssQ %
L s'.And yet. let me say that, in my own
discretion. I do notknow whether /. would
have ordered the arrest, Of Vallandigham.
While I cannot shift the responsibility
from myself. I hold that, as q general
rule, the commauder in the field is the
better judge of the necessity In any par
ticular casss--0f- course, must practice
q general directory ADD tevisory power in
the matter lOne Of the resolutions ex-
presses the, opinion Of the meeting that
arbitrary arrests will have the effect to
"A ,,,-.s II. Jsct~. ~ tb~eo ~~I~ ~eo,,1d L.