The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1863-07-02

OTutI VIII vi HUOtUS COfpUo LO FeUeVe
Mr.. Louaillier. General jackson ar
rested both the lawyer and the Judge,
A Mr.. HOllander yenturcd to say Of
some part of the matter that ''it was
dirty trick. General Jackson arrest:
ed him. When the officer undertook
to serve the writ Of habeas corpus.
General Jackson took il from him, and
sent him away with copy, Holding
the judge in custody a few days, the
General sent him beyond the limits Of
his encampment, and set him at liberty,
with an order to remain till the ratif-
cation ofpeace should be regularly an
nounced, or until the British should
have left the southern coast. A day or.
two elapsed the ratification ofthe treaty
Of peace was regularly announced. and
the judge and others were fully liberia
ted. A few days more, and the Judge
called General Jackson into court and
fined him a thousand dollars for hav-
ing arrested him and others named
The general paid the fine and there the
matter rested for nearly thirty years,
when Congress refunded principle and
interest. The late Senator Douglas
then in the House of Representatives,
took leading part in the debates.
in which the Constitutional question
was much discussed lam not prepar-
ed 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 of
invasion, and we now have q case Of
rebellion and, thirdly, that the per-
manent right of the people to public
discussion, and liberty of speech and of
the press, the trial by jury, the law Of
! evidence. and the habcas corpus, suffer
ed no detriment whatever bythat con-
duct of Gen. Jackson, or its subsequent
approval by the American Congress.
i And yet let me say, that in my own
discretion, | do not know whether ]
would have ordered the arrest of Ar.
@, Yallandigham. While / cannot shift
T the responsibility from myself, ! hold
that, as a general rule, the commander
in the field is the better Judge Of the
necessity in any particular ease. OF
course, | must practice general dircc-
tory and revisory power in the mat
ter. ...- .... 3. ....--, ~
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 uni
ted in suppressing the rebellion, and |
am specifically called on to discharge
Mr.. Vallandigham. l regard this as
at least, a fair appeal to me on the ex-
/ pedicncy Of exercising a constitutional
ipower which / think exists. In re.
sponse to such appeal l have to say, il
gave me pain when ] learned thai Mr.
Vallandigham had been arrested-that
is, Twas panied that there should have
seemed to be necessity for arrestine
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. / furthe,
say, that us the war progresses, it ap-
pearssto NE, opinion and action, which
were in great confusion at first, take
shape and fall into more regular chan
hels, so that the necessity for strong
dealing with them gradually decreases
/ i 1haye every reason to desire that il
should cease altogether, and far from
the least is my regard for the opinions
, and wishes of those who, like the meet.
ing at Albany, declare their purpose tc
sustain the Government in every con.
stitutional and lawful measure to sup.
press the rebellion. Still, | must con
{ tinue to do so much as may seem to be
required by the public safety.
+, ..-. A. LINCOLN.