The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1863-07-02
WHOLE NO. 271.

selfish hopes of the future, we are sure
to expend much of our ingenuity and
strength 10 finding fault with and aim
ing blows at each other. But. since
you have denied me this, 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 Democrat, having no old party
affinity with me and the Judge who
rejected the constitutional view sx-
pressed in these resolutions by refusing
to discharge Mr.. Xallandigham on ha-
6eds corpus, is Democrat of better
days than these, having received his
Judicial mantle at the hands of Prssi-.
dent Jackson. And still more, of all
those Democrats who are nobly expos
ing their lives and shedding their blood
on the battlefield, have learned thas
many approve the COURSE taken With
Mr.. Vallandigham, while I have not
heard of single one eondemnins il.
l cannot assert that there are noss
such. And the name of President
Jackson recalls an instance of peril
nent history. ....-,
After the battle of New Orleans, and
while the fact that the treaty of peace
had been concluded was well known in
the city, but before official knowledge
of it had arrived, Gen. 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.. Louaillier published adenunciatory
newspaper article. Gen. jackson ar
rested him. A lawyer by the name Of
Morel procured the United Statea
Judge Hall to order writ of Ao5eas
corpus to relieve Mr. LouaiAier Gen
jackson arrested both the lawyer and
the Judge. A MIR. HoIIander ventured
to say OF some part of the matter that
" it was dirty trick" Gen. jackson
arrested him. When the officer under
took to serve the writ of ha6eas corpus,
Gen. 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 encampment, and set him at liberty,
with an order to remain until the rsti
fication 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 an
nounced, and the Judge and others
were fully liberated. A few days more,
and the Judge called Gen. jackson In
to court, and fined him thousand dol
lars for having arrested BIN aud the
others named. The General paid tho
fine, and there the matter rested for
nearly thirty years, when Congress re-
funded principal and interest. The
late Senator Douglas, then in the
House of Representatives, took lead
ing part in the debates, in which the
constitutional question was much dis
cussed. l am not prepared to say
whom the journals would show to have
voted for the measure. evo
1t may be remarked First, that we
had the same Constitution then as new;
secondly, that we then had case Of
invasion, and now we have case of
rebellion (; and, thirdly, that the per-
manent right of the people to public
discussion, the liberty of speech and of
the press, the trial BY jury, the law Of
evidence aud the ha5eas corpus, suf-
fered no detriment whatever BY that
conduct of Gen. Jackson, or its subse-
qusut approval by the American Con-
gress. ~.
And yet, let me say. that in my swp
] do not know whether I
would have ordered the arrest of Mr..
Vallandigham. While ] cannot shift
the responsibility from myself, hold
that, as general rule, the commander :
IN tho field is the batter judge of the
necessity in any particular case. Of
course, / must practice 9 general direc-
tory and reyisory power in the mat
ter.
One of the resolutions expresses the
opinion of the meeting that arbitrary .
arrests viii haye the effect to divide
and distract those who should be
unitedin suppressirg the rebellion, and
| am specially called on to discharge
Mr. Yallandighap. l regard this as,
at least, a fair appeal to me on the sx-
pediency Of exercising constitutional
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