Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1863-01-30
ARREST OF MR.. BALLEAU.
HIS ARRIVAL AT FORT MoHENRY.
Judge LudiO,v's Instrue lions TO the Grand
Jury.

"'"' u" oNViusNely punished IN tine heDublicdt
! on wednesday, arrived at Baltimore, and IL
safe in Fort McHenry.
AT the opening Of the Court of Quarter ses
sionS, in Philadelphia, yesterday, and befor,
proceeding with the transaction of other bust
ness, Judge Ludlow sent for the Grand Jury,
now in session, and upon their appearing, ad
dressed them as follows:
Gentlemen Of the Grand jury; II has come IN nv
knowledge that, within the last twenty-four hours
| citizen OF this Commonwealth and of this coun.
this city, and has been forcibly carried against his
diction OF this court
such events have heretofore taken place lint az
we have been anxious TO support the United States
Government in every way compatible with a prop
or discharge Of our duty, we were not inclined 10
believe that those in authority would attempt 10
exercise power under all circumstances question
able and delicate, when temporary excitement had
an honest desire to a great public duty had re-
solved itselfinto sctu purpose to thai
auty according to law and with at least decent
the constituted authorities Of the state.
The time has arrived when we no longer hold
our peace, when the obligations imposed upon us
by our onths OF office compel us At every hazard 10
direct the Grand Jury to inquire into and deter
mine by whose order and by what persons this ar
rest has been made, and II after an impartial ex-
animation, II shall appear that any citizen has
been iorcibly abducted from the county, to inform
present the
facts In the case to the Court wherein bills Of in
dictment may he framed, and the accused persons
| u ihey have committed crime, be tried, and II
guilty, he punished for what in that event may be-
| come criminal net.
BY the Constitution of the United states Article
| vi OF the amendments, In all criminal prosccrI-
tons the accused shall enjoy the right TO speedy
and public trial by impartial jury Of he State and
district wherein the crime shall have been COM
| United, which district shall have been previously
ascertai ned by laws and to be informed Of tho na-
tnrc and cause oil tho accuSltion to be confronted
with tho witnesses against him, to have compul-
sorry process to obtain witnesses in his Tiyor and
to have the assistance Of counsel for his defence
. The Constitution of this Commonwealth contains
'he same provision, Section IN of the Declaration
! OF Rights, with this addition; "Nor can he be de-
pfived OF his life, liberty or property uncss by the
These incstimahle rights are thus GUARANTEED tn
every citizen by the constitution not only of Penn
ylvania, but also By the CoHIiiWioR Of Inc United
You will see, gentlemen, that the Federal and
state governments provided for the trial Of those
charged with having committed offences against
eltherl nut the trainers OF these constitutions in
tended that the citizen should not he arrested with
out having an opportunity to defend himsclf
II may be supposed by come that the offence of
treason cannot he punished under the Constitution
OF the United States except by he slCrCc Of ilfr
pOIrrT Such however, ia NOT the case and IN II
man is not only ignorant Of the law, but must be
Intentionally 80, who holds such doctrines; for the
Constitution expressly declares: Art. D. Sec g. That
treason against the United States shall consist
only IN levying war against them, or in adhering
to their enemies, giving them aid and comfort no
pPFHOn Hhhll De convicted Oh treason unless the
testimony Of two witnesses to the same overt act
or on confession in open court" And many acts
OF Congress, now In force declare before what tTi-
| tried.
The legislature Of P"nnsyIva niA has also passed
law which declares It to be high msdemeanor
Tor any citizen 10 aid or assist "any enemy In open
war against this State the United States in the
manner mentioned In the act; and the officer il
committed, may moreover he punished "by sOli-
tnry imprisonment In the penitentinry AZ hard
l'horl Tor a term not exceeding ten years, and be
lined 10 sum not exceeding tiye Thousand dollars,
or both, At the discretion OF the Court"-Act OF
18th April, 1861, T. L., page IOS.
You Will thus observe that, under the ConstitI-
ion and laws of the United States and of this state
man who Is In point of law traitor, or who aids
in any material way the enemy, may be punished
and that with great severity, and, let me add he
protect the Government OF the state and of the
nation against the efforts ofthose who attempt 10
destroy either; these laws arc amply sufficient 10
maintain the dignity OF our nation and State, un-
less II may be within the limits and in the imme-
date vicinity OF an army upon the field and advan-
cling, or about to advance against hostile force
and In an enemy's country. Then, and in that exc
IRENE case, necessity takes the place OF settled
becomes the rule of action.
As laws then do exist, as the tribunals OF the
United states Government and Of the state arc
open, as magistrates abound at every corner of the
streets, and are known to be loyal men-as peace
reignA In this county, and no Impending danger
Sest[oys me authority 0ilaw as duly administered
by what right or pretended right can the persons
making this arrest justify It'll Certainly not upon
the ground OF necessity, for no necessity exists
and certainly not upon pretended executive
power, for 1t will be, tmust be- admitted that that
power can only exist wnen the law is silent and
we have distinctly shown that by the Constitution
Of the United States. and the law Of this state the
Government Is already secured, at least in this
tempt by any method to destroy Il.
But, aside from all this, the Constitution of the
3entS that 1.-THE powss Sot 81 me N tS S%eGd
ted States by the Constitution nor prohibited by IL
TO the states, are rtscrUed 10 he SGSS respectively or
The Supreme Court OF this State have decided, 8
H. ll9, that this Constitution must receive strict
construction and viewing this section in this light,
ASK ala the people OF this Commonwealth, when
they entered into the Union, ever agree TO deyoiye
upon either the President OF the United states
the power to suspend the privilege Of the writ OF
hd6edS corpus in State or district when the "pub-
hc sateiy did not require a." True, IT may bethe
duty OF some department OF the Government TO
Judge OF the necessity and to pend the privilege
In given case, but public sentiment demands that
In every event the spirit Of the Constitution shall
be complied with; and, when the power il claimed
by single individual, the people have at least the
right to know who made the arrest, by what au-
thority II was made, or what charge was, or now
is, preferred against the accused IT. in the case
soon to be examined by YOU you discover that the
arrest was ordered by authority of the laws Of the
United States, and commonly calledth military"
as distinguished from the martial law" you will
state that fact, because 1t may possibly be that
Congress has enacted such laws as they may BY
virtue OF the Constitution, legally enact, and
which, as they affect the government Of the army
OF the United States, may be al and e-
gal when applied to those who are amenable 10
that particular code of laws.
Gentlemen: Ihave alone taken the responsibility
OF addressing you to-day. II has not been done
without serious reflection. From the Commence
ment OF the rebellion, have endeAvOFed in every
possible legal method, to support the constituted
authorltles, Time and again, questions OF great
deicacy, and which seemed to threaten a collision
between the United States authorities and this
court, have been disposed Of In such way as not
20 embaTTass the General Government, while the I
rights OF the citizen have been protected We have
even failed to notice the TACT officially that aFbiTa
~ arrests have been made In this country because
As we have before intlmated we had hoped that |
they would cease. That hope has been DESTROYED |
legal and moral necessity urges us to this stem |
NOT TO countenance any act committed by any man
against the authority of the General Government,
but 70 sustain right as clear the MONDAY sum
~ vital as life giving BREATH without the existence
Of which the Government itself is a Etupendous
deception, and which, II firmly maintained now
and here Will go far to unite people OF immense
resources and terrible power, and which resources
and power can yet be welded as a unit, when, and
as soon MS the constitutional rights Of each citizen
shall be respected and enforced.
| have now discharged a great public duty with |
no desire to do otherwise than to support the
United States Government, and sincerely believe
that the result will be to strengthen and not to |
weaken that Union which ought TO be peFpetuated /
to the latest generation.
request you At once to suspend all other BUSH /
ness before you at present and instruct the dis
trict attorney Of this county to send for General
Montgomery and the provost marshal, together |
with all other persons who have any knowledge Of |
this transaction, and after you shall have heard |
them your duty will be simply to present the facts
to the court