Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1863-07-03

: only constitutional, but withal great mercy
) If be wrong on this question of constitu
tional power, my error lies in believing tha
: certain proceedings are constitutional when
in cases of rebellion and invasion, the public
safety does not require them: in other words
fl the Constitution is not, in cases of rebellion
or invasion involving the public safety, as il
is in times of profound peace and public secu
ritY. The Constitution itself makes the dis
tinction; and l can no more be persuaded that
the Government can continually take no
strong measures in times of rebellion, because
| it can be shown that the same could not be
| lawfully taken in time of peace, then can be
persuaded that particular drug is not good
medicine for a sick man, because it can be
shown to not be good food for a well one
| Nor am I able to appreciate the danger ap-
pretended by the meeting that the American
people viii. by means of military arrests, du-
ring the rebellion lose the right of public dis
cussion, the liberty ofspeech and the press,
the law of evidence, trial by jury, and hdbeas
corpus, throughout the indefinite peaceful fu-
| ture, which trust lies before them, any more
| than / am able to believe that a man could
contract so strong an appetite for emetics du-
| upon them during the remainder of his health
full life.
In giving the resolutions that earnest con-
! sideration which you request of me, cannot
overlook the fact that the meeting speak as
Democrats. Nor can l, with full respect
for their known intelligence, aud the fairly
preumed deliberation with which they prepar-
ed their resolutions, be permitted to suppose
that this occurred by accident, or in any way
other than that they preferred to designate
themselves Democrats rather than "Ameri-
can citizens" In this time of national peril
would have preferred to meet you upon level
one step higher than party platform; because
| am sure that, from such more elevated 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
prejudices of the past, and fetish hopes of the
future, we are sure to expend much Of our in
genuity and strength in finding fault with,
and aiming blows at each other, But, since
you have denied me this, l will yet be thank
ful, for the country's sake, that not all Demo-
Gratis have done so. He on whose discretiona-
~ Judgment Mr.. ValIandigham was arrested
and tried is Democrat, having no old party
affinity with me; and the judge who rejected
The constitutional view expressed in these
resolutions, by refusing to discharge Mr.. Val
andigham on hGbeas scorpusS is a Democrat
of better days than these, having received
his judicial mantle at the hands of President
Jackson. And still more, ofall those Demo
Gratis who are nobly exposing their lives and
shedding their blood on the battle field, have
learned that many approve the course taken
with Mr.. Vaandgbam, while have not
heard of single one condemning it. I can
not assert that there are none such. And the
name of President ,Tackion recalls an instance
of permanent history.
After the battle of New Orleans, and
while the fact that the treaty of peace had
been concluded was well known in the city,
but before official knowledge oft had arrived,
Gen. jackson still maintained martial or
military law Now. that it could be said the
war was over, the clamor against martial law,
which had existed from the first, grew more fu-
rious. Among other things, Mr.. Louaillier
published denunciatory newspaper article
Gen. jackson arrested him. A lawyer by the
name Of Morel procured the United States
Judge Hall, to order a writ of habeas corpus
to relieve Mr.. LouaiIlier. Gen. jackson ar
rested both the lawyer and the Judge. A Mr..
Hollander ventured to say of some part of the
matter that at was dirty trick" General
jackson arrested him. When the officer un-
dertooz to serve the writ ofhdbeas corpus, Gen.
jackson took it from him, and ssnt him away
with a copy. Holding the Judge in custody
few days, the Generol sent him beyond the lin
its of his encampment, and set him at liberty
with an order to remain until the ratification
of peace shonld be regularly announced, or un-
til the British should have left the southern
coast. A day or two more elapsed the ratif-
cation of the treaty OF peace was regularly an
nounced and the judge and others were fully
liberated 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 Congress refunded principal and
interest. The late Senator Douglas, then in
the House of Representatives, took leading
part in the debates, in which the constitution
al 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 case ofinvasion, and now
we have a case OF rebellion; and thirdly, that
permanent right of the people to public discus
sion, the liberty of speech and of the Press,
the trial by jury, the law Of evidence, and the
h0beaS corpus, suffered not detriment whatev-
er by the conduct OF Gen. jackson, or its sub |
sequent approval by the American Congress
And yet, let me say, that in my own dis
cretion, do not know whether would have
ordered the arrest of Mr.. VaIlaudigham.-l
While | not shift the responsibility from
myself, hold that as general rule, the COM
mander in the field is tine better judge of the
necessity in any particular case. Of course, l
must practice general directory and revisory |
power in the matter.
One of the resolutions expresses the opinion |
of the meeting that arbitrary arrests will have |
the effect to divide and distract those who |
should be united in suppressing the rebellion
and l am specifically called on to discharge |
Mr.. Vallandigham. l regard this as, at least, |
a fair appeal te me on the expediency of ex
ercising a constitutional power which l think |
exists. In response to such appeal | have to
say, it gave me pain when | learned that Mr.. |
Vallandigham had been arrested-that is, l
was panied that there should have seemed to
be necessity for arresting him-and that it
will afford me great pleasure to discharge him
SO soon as | can, by any means, believe the
public safety will not suffer by it. l further
say, that as the war progresses, it appears to
me, opinion and action, which were in great
confusion a first take shape and fall into more
regular channels, SO that the necessity for
strong dealing with them gradually decreases.
hnr L. rla