The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1863-02-19
The Right Of Military Arrests.


From the Muscatine Journal, February 10Th,
The broad principle laid down by
Doug las in his defence of jackson, that
the Constitution grants military com
mander all the necessary power to per-
form his duty. ought to satisfy every un-
prejudiced and reasonable man that the
President Of the United States, as COM
msuder in chief of the Federal forces,
has authority to cause the arrest of dis
loyal persons IN any section of the Union,
when he shall consider it necessary for
the public safety. For the benefit Of
those, however, who will not take this
rational view Of the question, we will
cite few more instances showing that
the principle has been recognized
throughout the history Of the country, if
not by the Courts. certainly by the Con.
gross. We have heretofors referred TO
Washington's recommendation to Gov.
Trumbull to "seize on those tories who
We know will be against u.s." and TO
Jackson's arrest Of Louaillier at NJ
Orleans-not for being sspy Or for -
patty with the enemy but for dencu
ing through newspaper ! eestsis
Of the General. .1Ss
These would be sufieieot ~ rl1
the principle We are advoun1
are supported by many GCS1
ces in the history Of or
precedents are Dumerono
/ kava keon
civil law in the Disc
tary duty, and have & IN :.
Congress. In April, ~
eral Jacob Brown was r.
damages recovered agains1 +
ing confined a man foundj
suspected Of traiorous de-
same session Captain A. &
tenant Wells were i01
nine judgments, anIount1 ger
900. for having confined pine persons
suspicion Of treason Ga this case the
Secretary Of War, John G. Calhoun, re-
marked: IF it should be determined
that no law authorized the act, "yet |
would respectfully sugccs, that there
may be cases in the exigene es of war 10
which, l: the commander should trans
cend his legal power, Congress ought to
protect him and those who acted under
him from consequential damages"
There are several other eases Of the
same kind, but the most celebrated are
those growing out of the suspension of
the hoteas corpus by General Wilkinson
n New Orleans 10 1900, during Jeffer-
son Administration, on account of the
abortive Burr expedition, and out Of its
suspension by Gem ral Jackson's martial
law at New Orleans in 1915. These
have peculiar weight as precedents, be-
cause they will cover the most arbitrary
acts that have been charged in this war
and because the first was sustained by
Jefferson, who while in the opposition
was distinguished for his jealousy of the
power of the National Government, end
by the supporters of the Administration
in Congress; and the other was Endorsed
by Congress and unanimously sustained
by the Democratic party in and out Of
! Congress-
| In the case Of the Burr expedition the
necessity was founded chiefly on appre-
hensioo. The expedition proved abor.
tive. The arbitrary measures at New
Orleans were taken in anticipation of any
overt act. Gen. Wilkinson began gen.
eral arrest of suspected persons. Writs
OF habeas corpus were issued He made
return that he had arrested them on his
own responsibility for misprison of trea
son, and that he would do the same with
any on whom reasonable suspicion might
rest. lie arrested the Judge who issued
awrlt of hobeas corpus, and the LAWYERS
who procured it. He also arrested the
publisher of the only public journal pub.
l'shcd in New Orleans, and imprisoned
him, suppressing the paper. He sent
several persons by sea to Washington,
among them Bolman, Swartwout. 90.
den, Alexander--one of the lawyers who
procured the habeos ccrpus-and Adair
"a newly appointed Senator of Ken
lucky.
1t will be seen that the offense CHARGED
oy General Wilkison against these per.
sons was one which the law provides
penalties for; and the Courts were the
unlmpeded in the exercise of tn cir -
lions. We mention this to shoI
the arrests were purely arbitre
were the assertion of the SUI