Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1863-08-01

tiAc Va S0o0lssOu UeCAuSe IL can Oc SHOWN tnaC
the same could not be lawfully taken in time
of peace. than can be persuaded that par
ticular drug is not good medicine for a sick
man, because it can be shown to not be good
for a well one. Nor am I able to appreciate
the danger apprehended by the meeting that
the American people will, by means Of militia.
ry arrests during the rebellion, lose the right
of public discussion, the liberty Of speech and
the press, the law of evidence, trial by jury,
and habeas corpus, throughout the indefinite
peaceful FUTURE which trust lies before them,
any more than am able to believe that man
could contract 40 strong an appetite for emet-
les during temporary illness as to persist in
feeding upon them during the remainder of
his healthful 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, and the fairly
presumed deliberation with which they pre-
pared their resolutions, be permitted to sup.
pose that this occurred by accident. or in
any way other than that they preferred to
designate themselves "Der1ocrats rather
than " American citizens" In this time Of
national peril would have preferred to meet
you upon level one step higher than any
platform; because am sure that, from such
more elevated position, we could do better
battle for tho country we all love than we
possibly can from those lower ones, where,
from the force of habit, the prejudces of the
past, and selfish hopes of tho future. we are
sure to expend much Of our ingenuity and
ex,..>-11, - CcJ:cc co1t xy;t1, ooJ c:.,,:.,,
blows at each other. But. since you have
denied me this, I will yet be thankful, for
the country's sake, that not all Democrats
have done so He on whose discretionary
Judgment Mr.. vallandigham was arrested and
tried is a Democrat. having no old party
affinity with me; and the judge who re.
jected the constitutional view expressed in
these resolutions, by refusing to discharge
Mr.. Vallandigham on habcas corpus is a
Democrat of better days than these, having
received his judicial mantle at the hands Of
President jackson. And still more, of all
those Democrats who ara nobly exposing
their lives and shedding their blood on the
battlefield, / have learned that many ap-
prove the course taken with Mr.. Vallandig.
ham. while l have not heard Of single one
i
nre none such. And the name Of President
Jackson recalls an instance of pertinent his
tory. After the battle of New Orleans, and
while the fact that the treaty Of peace mad
been concluded was we'll known in the city,
but before official knowledge of it had arrived.
General 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
furious. Among other things a Mr. Lou.
ailler published denunciatory newspaper
article. General jackson arrested him. A
lawyer by the name of Morel procured the
United States Judge Hall to order a writ Of
habcas corpus tortlieve Mr.. Louailler. Gen.
eral Jackson arrested both the lawyer and
the Judge. A Mr.. Hollander ventured to
say of some part Of the matter that =" il was a
dirty trick" General jackson arrested him.
When the officer undertook to serve the writ
Of habeas corpus, General Jackson took it
from him, and sent him away with copy.
Holding the judge in custody few days, the
general sent him beyond the limits Of his en-
campment. and set him at liberty, with an
order to remain till the ratification of peace
should be regularly announced, or until the
British should have left the southern coast.
A day or two more elapsed, the ratification Of
peace was regularly announced, and the judge
and others were fully liberated. A few days
more, and the judge called General Jackson
into court and fined him thousand dollars
for having arrested him and the others named.
The general paid the fine, and there the mat
ter rested for nearly thirty years, when Con-
gress refunded principal 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 I am not prepared to
say whom the journals would show to have
voted for the measure.
It may be remarked: First, that we had
the same Constitution then as now secondly.
that we then had case Of invasion. and now
we havo case Of rebellion; and. thirdly,
that the permanent right Of the people to pub
lie discussion, the liberty Of speech and Of the
press. the trial by jury. the law Of evidence,
and the habeas corpus, suffered no detriment
whatever by that conduct Of Gen. Jackson.
or it's subsequent approval by the American
Congress.
And vet, let me say, that in my own dis
cretion, do not know whether would have
ordered the arrest Of Mr.. Vallandigham.
While cannot shift the responsibility from
myself, hold that, a. general rule. the COM
mander in the field is a better judge OF the
necessity in any particular case. Of course
! must practice general directory and re-
visory power in the matter. ~
One Of the resolutions expresses the opin.
ion Of the meeting that arbitrary arrests will
have the effect to divide and distract'those
who should BE- united in suppressing the re-
bellion. and I am specifically called on to
discharge Mr.. vallandigham. regard this