Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-06-18

Morel procured the United States Judge
Hall to order writ of habeaS corpus TO
relieve Mr.. Loyailher. General jackson
arrested both the lawyer and the judge. A
Mr., Hollander ventured to say OF some
part of the matter that cit was dirty
trick General jackson arrested him.
When the officer undertook to serve the
writ of kabe0S corpus, General Jaeksn
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 encampment, 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 the treaty
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 matter rested for
nearly thirty years, when Congress refund
ed principal and interest. The late Sena-
tor Douglas then in the House of Repre-
sentatives, took leading part in the de-
bates, in which the constitutional question
was much discussed. / am not prepared
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; sec
ondly, that we then had case of invasion,
and now we have case of rebellion and
thirdly, that the permanent right of the
people to public discussion, the liberty of
speech and of the press, the trial by Jury,
the law of evidence, and the habeas cor
pus, suffered to eetriment whatever by
that conduct of General Jackson, or its
subsequent approval. by the American
| Congress.
And yet, let me say, that in my own
discretion do not know whether would
have ordered the arrest of Mr.. Vallandig
ham. While cannot shift the response
biity from myself, hold that, as gener
al rule, the commander in the field is the
better Judge Of the necessity in any par.
ticular case. OF course, must practice q
general directory and revisory power in
the matter.
One of the resolutions expresses the
opinion of the meeting that arbitrary ar
rests will have the effect to divide and dis.
tract those who should be united in sup.
pressing the rebellion, and / am speclfcal
| ly called on to discharge Mr.. Vallandig
ham. | regard this as, at least, a fair ap
peal to me on the expediency of exercising
constitutional power which | think ex
lists. In response to such appeal, | hav'
to saw. it gave me pain when | learned
that Mr.. Vallandigham had been arrested
- that is, was panied that there SHOULD
have seemed to be necessity for arrestlns
him - and that it will afford me grea
pleasure to discharge him so soon as / can
by any means, believe the public safet,
will not suffer by it. | further say, tina
as the war progresses, it appears to mt
opinion and action, which were in grea
confusion at first, take shape and fall int
more regular channels, SO that the necess
ty for strong dealing with them gradual
decreases. have every reason to deslr
thatit should cease altogether, and far frol
the least is my regard for the opinions an
, wishes OF those who, like the meeting I
Albany, declare their purpose to sustal
the government in every constitutional an
lawful measure to suppress the rebellion
Still, must continue to do so much ;
may seem to be required by the publ
safety. A. LINCOLN.