The weekly Butte record., 1863-01-24
Letter from the East.
tEDiron1AL coakEsrospExcr.l
THREE RIVERS, (Blich.) Dec. u. 1853
The Mcdowell Court-Nartiai.

THREE RIVERS, elich.) Dec. -. lss3.
The Mcdowell Court-Nartial.
Your California readers viii remember with
what impotence the stay of Mcdowell at
Fredericks burg, while McClellan's army was
in front Of Richmond, was viewed The belief
that Mcdowell was traitor was freely ex-
pressed, because he did not go to the assistance
of the army besieging Richmond. The evil
dence before the Mcdowell Court martial
shows that Mcdowell was delayed by the ex-
/ press command Of the War Department, and
/ the President himself There is where the
responsibility rests. As the writer Of this was
among the FIRST 10 blame Mcdowell for his in
activity, be would hasten to lay the blame
where it belongs If not upon President Lin
coin, upon the lubberly Republican towards.
whose abolition pressure is upon the Presi-
dent, and who raised the cry that Washington
was in danger. that they might sacrifice Gen.
Mcclellan. Thus much has been shown by
/ the evidence in the Mcdowell C0urt-martial.
/ The Republican officials are conducting the
( Buel Court martial with closed doors or it
would also be made known to the public that
Buel was acting strictly in accordance with
orders. The war has not been conducted by
Generals and By Cabinet of approved mill
tary skill, but by politicians. The cry of "On
to Richmond by the abolition press has cost
US tens of thousands of lives and hundreds of
millions of treasure. An arbitrary and igno-
rant Secretary of War controlling, in conjunc
1 ton with malicious and inscriptions press,
President incapable of guiding affairs, has
cast aside with contempt the we'll considered
plans Of oar ablest tacticians, and sent our ar
mics out one after another to be destroyed
separately. We have met with no success ex.
cept in localities so far removed from Wash
iugton that the President could not direct in
military affairs. There has been but one ex-
ception to this, and that was McClellan's cam
paign in Maryland which was fought without
orders and upon his own responsibility. The
radical hell hounds at Washington were too
much overcome with fear to crowd their advice
/ upon the Administration.
Illegal Arrests.
The following bold, fearless and resolute
charge of Recorder Hoffman, of New York, to
the Grand Jury, in relation to illegal arrests,
will be found Of interest, as foreshadowing the
result Of the bastile policy adopted by the Re
publicans. 1t will be seen that arrests and
removals from the State of New York, even
by order of the President constitutes an Of
fence punishable by imprisonment in the State
! Prison, and it is declared the solemn duty OF
the Grand Jury to indct all parties making
them. Under such circumstances, Lincoln,
Seward and Stanton, may soon find themselves
candidates for the New York Penitentiary-
The beauty of it is, the Republicans passed
this States right law, to prevent the Federal
authorities from catching runaway niggers.
The Democracy of New York believe in the
enforcement of the Constitution and laws:
tFrom the y. Y. Com. Advertiser. Dec. l6.l
At the opening of the Court of General Ses-
sons yesterday morning, Recorder Hoffman, at
y
the Grand Jury relative to the laws of this
State in regard TO kidnapping, and their bear
ing upon the arbitrary arrests which have been
made in this State. lie instructed the jury
that the Constitutions of the United States
and Of the State of New York guarantee to
all citizens the security Of their persons against
unlawful seizures, and the laws of this State
declare that whoever shall violate this consti-
tutiona guarantee shall be deemed guilty of q
felony. The statute provides as follows -
Every person who shall, without lawful au-
thority, forcibly seize aud confne any other,
or shall inyeige or kduap any other, with
intent either
a. To cause such other person to be secret
ly confined or imprisoned in this State, against
his will or
-. To cause such other person to be sent
out of the State against his will or
,. To cause such other person to be sold
as slave or IN any way held TO service
against his will, shall. upon conviction. be pun
iShed by Imprisonment in the State Prison not
exceeding ten years
Relative to the removal from this State OF
persons arrested here. he said
The removal Of any person from this State
into any other State or Territory. 10 answer to
any Vudi = uI uANAN8 CtulliltGu ueFt du VI
fence against the laws of either the United
States or the State, is without the authority
of law. And every person, whether he be an
officer or private individual, who shall thus
seize and confne any person whomsoever with
intent either secretly to coudne OF imprison
him here, or 10 remove him out of the State
against his will acts in violation of the statute
aud renders himself liable to indictment aud
Imprisonment Upon the trial of such indict
meut the fact that such seizure. confinement
and removal was by order of the President Of
the United States, of any member of his Cabi
net, or other officer of the Government, viii
constitute no legal defence. Neither the Pres
deut, nor any member OF the Cabinet, or other
officer mot ludicial, has any lawful authority
to order the seizure. or Imprisonment, or re-
mOval from the State, of any citizen of the
State, for any offence whatever. committed. or
alleged TO have been committed, within its
borders"
In conclusion. he said, that in a State not
being the scene of actual military operations