Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-07-06
The Eloquence Of the Hon. gorge E.
Pugh--His Splendid Argument i'm
the Vailandigham Case Before


Pugh--HIs Splendid Argument i'm
the vaiiandigham Case Before
Judge Leavitt.
The argument OF the Hon. George E Pugh in
the Vnllandigham case. before Judge Leavitt,
upon the application for the writ OF hahsas corpus.
Is one OF the most pow eriui and mastery that
was ever delivered Tn 1conrt of Justice =ltcom-
bins-, together with strength ana power in argu-
ment. n splendid and eloquent dictiOn. As spec
linens Of its character. we select the following
passages, which we know will be admired By
lovers of the patriotic AID beautiful. Mr.. Pugh
said Of the doctrine that our liberties are not in
danger:
Il not only fear, but | am well assured by the
examples Of history, that our liberties can not sur
vive a patient submission 70 arbitrary power. Ii
is not the cry Of demagogues; it is the voice OF
wisdom in all ageS--it speaks 10 us from the
tombs of a hundred Republics. once happy and
proud. and confident of perpetuity. 1t is the
watchwOrd of patriots and the testament of mar
tyrs-it should be tine first lesson of youth, and
the last injunction of the aged to their children.
Eternal vigilance ia the price Of libertyp We
can have il for no less. and upon no other terms.
Religion. Civilization, Educationl' These do
not supply the place of liberty at all, nor have
they been found sufficient to preserve it. Other
nations, living under despOtic forms of govern
ment, are quite as religious and quite as thor
oughly civilized as We are-some Of them are
much better educated. The rude Roman was
free-the Roman Of the higher civilization be
came an abject slave
Il will not intrust my sacred birthright to any
man, let him be ever so great and good. upon
his promise that by-and BY, when he shall have
conquered M enemy or pu. down a rebellion, he
will give il back TO me. He may take il without
my consent; he may be so strong that / can not
resist; these are misfOrtunes which l may not be
able to avoid; but no words or ~hattery. no power
on earth. can deceive me or compel me to any
measures of compliance. Better the sharpest
pangs of death. a life of exile and poverty and
constant hardships. Give me the crust of bread
and cup OF water with liberty. rather than the
amplest luxury with servItude. Give me. instead
OF this genial climate. this fertile soil. this pros
porous community. under an arbitrary Govern
ment. the bleakest Arctic or Antarctic region.
under the almost insult able winter, the night of
one half year in duration, the day. which cab
hardly be called a day; but give me w'thal the
consciousness-the proud, the noble, the price
less. the inexpressible consciousness-of being a
free man.
But, sir, what has become of our safeguards
what avails the experience of seven hundred
years where is that Constitution which declares
itself 10 be the supreme law of the land. ii Il
Major General commanding the Department Of
the Ohio. or anv other officer. civil OF military.
can create and multiply definitions of treason at
his pleasure? The ancient Ruminalis put forth
new leaves when all men supposed il to he diving;
whether the tree of American liberty will be able
to supply the place of that splendid foliage which
has been stripped from its branches and scattered
beneath our feet, bv the rude blasts of arbitrary
and unlimited authority, H. a question hereafter
10 be determined. The question does not con
Germ my distinguished client more than 1t con
Germs any other citizen. The pIrtiSans in pow err
TO day will be the DIrtiSanS in opposition TO NOR
row-then military Command will be shifted from
those who Cypress to those who have been CD
pressed; and so with the mutations of political
faction, must the personal rights. the rights of
of property, nnd even the lives Of all be in con.
slant hazardI l pray that my learned friends
upon the other side will consider this in time
that they will use their influence, not only with
the defendant. but with those TO whom he is
amenable. to revoke. ereit be TOO late. the dread
ful fiat Of the tyranny, OF hopeless confusion, of
unlimited anarchy, which has been denounced in
our midst.
"And such. Lord Eldon, while Attorney Gen
eral. and addressing the jury in the case of Har-
dy. October %, 1894. declared To be the true
constitutional meaning of the act of Parliament,
then in force. whereby the privilege of the writ of
habeas corpus had been suspended. Little did
he conceive. with all his inclinations to an arbi
trary and irresponsible government, and at the
very time when lie was endesvo:ing to maintain
the authority of the crown against what he re-
garded as an extensive and most dangerous con
spiracy-at a time when the people of England
stood aghast at the horrors of the French Revo
luton. and even doubted whether such anarchy
would not extend TO them-liule | say did Lord
EldOn conceive that a Major General or a Field
Marshal could arrest men, other than soldiers, at
his pleasure, and for offenses unknown 10 the
law, could cOnfine them in military prisons. could
deprive them of the writ Of habeas corpus. with
oat anv act Of Parliament suspending that privi-
leee: could subject them 10 the form of u trial
by courts or commissions composed of military
officers, and upon charges and specifications alike
indefinite, inconclusive aud frivolous.
"And vet. sir. TO that we have come in the
first century of our Republic. with a written Con
Slitution. less than eighty yeirs old. in "A country
protesting TO be civilized. intelligent, refined
and srrangest OF all, To be free. 1t is our case-if
yur Honor please, your own case and mine-and
not merely the case OF Clement l.. Vallandig-
ham. be is the victim TO-DAY, but there will be
and must be other victims to morrow. What
rights have we. or what security for any right
under such a system as thsI
LIVERY ministering spy
That will accuse and swear, is lord Of you
OF me, " al our fortunes ana our lives.
Our looks are called u que tion, and. our words,
How innocent soever, are made crimes.
We shall not shortly dare 10 tell our dreams.
o. think, but I will be treason
"Impeach the President. Oh! YES, undoubt-
eddy. if he will be kind enouge to allow that
What chance have his country men-whit
~ -. a. HI