The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1863-07-03

me and the Judge who rejected the con-
stitutional view expressed in these resolu-
tions, by refusing to discharge Mr.. Vallan-
digham on habeds corpus, Is democrat of
better DAYS than these. having received his
I iudicial mantle at the hands of President
Jackson. And still more, of all those
democrats who are nobly exposing their
lives and shedding their blood on the battle
7 field. have learned that many approve the
course taken with Mr.. Vallandigham, While
l have not heard of a single one condemn
ing il. l cannot assert that there are none
sych. And 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 we'll known in the city,
bu. before official knowledge of it had arri-
we'd, General Jackson still maintained mar
tial or military law. Now that it could be
said the war was over, the clamoring against
martial law, which had existed from the
first, grew more furious Among other
things, Mr.. Louallier published denun-
ciatory newspaper article. General Jack
son arrested him. A lawyer by the name
of Morel procured United States Judge,
Hall, to order a writ Of ha6eas corpus to re-
lieve Mr.. Louaillier. General Jackson ar.
rested both the lawyer and the Judge
A Mr. Hollauder ventured to say OF some
part Of the matter that ' it was dirty
trick" General Jackson arrested him
When the officer undertook to serve the
writ Of ha5eas corpus General Jackson took
it from him, and sent him away with copy.
Holding the Judge in custody few days,
the General sent him beyond the limits of
his encampment, 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 south
ern coast. A day or two more elapsed, the
ratification of the treaty of peace was regu-
larly announced. and the judge and others
were fully liberated. A few days more ard
the Judge called General 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 Con-
gress refunded principal and interest. The
late Senator Douglas. then in the Aouse 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 the measure.
Il may be remarked: First, that we had
the same constitution then as now; second
ly. that we then had a case of iHvason and
now we have a case of rebellion and third.
ly, 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 Aabeas corpus, suffered
no detriment whatever by that conduct of
General Jackson. or its subsequent appro-
val by the American Congress.
And yet, let me say, that in my own dis
,retion do not know whether would have
the arrest of Mr.. Vallandigham.-
While cannot shift the responsibility from
myself. hold that, as a general rule, the
commander in the field is the better judge
of the necessity in any particular case
Of course l must practice general directo-
y and revsory power in the matter.
One of the resolutions expresses the opin-
ore of the meeting that arbitrary arrests will
have the effect to divide and distract those
who should be united in suppressng the re.
Dellion, and am specifically called on to
discharge Mr. Vallandighsm. l regard this
IS. at least, a fair appeal to me on the expe.
1iency Of exercising q constitutional power
which l think exists. In response TO such
appeal have to say, it gave me pain when
learned that Mr.. ValIandigham had been
is. l was panied that there
should nave seemed To be necessity
or arresting him-and that it will afford me
great pleasure to discharge him soon as
;an. by any means. believe tho public safety
will not suffer by it. further say. that as
he war progresses, it appears to me. opin-
on aAd action, which were in great confu-
ion at first. take shape and fall into more
egular channels, So that the necessity for
trong dealing with them gradually de-
reases. have every reason to desire that
. should cease altogether, and far from the
EAST is my regard for the opinions and
'ishes of those who, like the meeting at
Albany. declare their purpose to sustain the
overnment in every constitutional and law
al measure to suppress the rebellion
IT'LL l must continue to do SO much as may
eem to be required by the public safety.
A LINCOLN.