Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1863-02-13

occupy pretty much all the spare time they
can get from trembling at their fears lest Sam
DO should eclipse Jonathan, in airing this sub
jsct Of arbitrary arrests, and in denouncins
the Administration for having placed few
scores of traitors in prison in a somewhat
summary manner. The tories are emphatic
ally down on arbitrary arrests, and not un
naturally either.
.sNo rog ne e'er felt the halter draw,
With good opinion Of the law"
We hear nothing from these sorrowful fel-
lows about the sufferings of Union soldiers in
the field, in camp and hospital. No word Of
hearty sympathy escapes them for those who
have been impr soned, mangled, starved, mur-
dered by the blood-thirsty minions of JEFF.
Davis, or for the friends of such in the loyal
North. But put few noisy and turbulent
traitors behind iron bars, and forthwith the
tories set up such blubbering as was never
heard since the world was made. A fellow
feeling makes them wondrous kind. That's
what's the matter of 'em.
History moves in circles. The present is
often mirror Of the past. The toryism Of
to-day is simply a counterpart of the toryism
of the revolutionary era. The patriots of that
day were disturbed and harrassed by tory
cries of arbitrary arrests just as are the
friends of the government nowadays. 1t is
no new thing under the sun. No doubt many
political prototype of Mahony was arrested
by order of Gen. Washington, though We are
a free to confess we do not think he would have
gone to the trouble in the case of so unmitiga-
ted nincompoop as Dave Steward. In
1777, Congress passed the following resolu-
tons on this subject
WHEREAS, The States of Pennsylvania and
Delaware are threatened with an immediate
invasion from powerful army, who have al
ready landed at the head of Chesapeak Bay !;
AND, WHEREAS, the principles Of policy and
'self-preservation require that all persons who
may reasonably be suspected of aiding or
abetting the cause of the enemy, may be pre-
vented from pursuing measures injurious to
the general veal: rl.lI -r
Res0lued, That the executive authorities OF
the States of Pennsylvania and Delaware be
requested to cause all persons within their re-
spective States, notoriously disaffected, forth
with to be apprehended, disarmed, and secured
till such time as their respective States think
they may be released without injury to. the
common cause.
Ras0lced, That it be recommended to the
Supreme Executive Council of the State of
Pennsylvania to cause diligent search to be
made in the houses of the inhabitants of the
city of Philadelphia, who have not manifested
their attachment to the American cause, for
firearms, swords and bayonets that the own
, ers of the arms so found be paid for them at
an appraised value, and that they be delivered
to such of the militia of the State of Pennsyl-
vania who are at present unarmed, and have
been called into the field.
Tho patriots of the revolution thought it
right to arrest the ''notoriously disaffected."
They set an example in the premises which
can be safely followed.
In commenting on the above preamble and
resolutions, Mr.. Fisher, in his valuable and
authoritative work on "The Trial of the
Constitution" says:
A case occurred in Philadelphia in 1777.-
Some twenty gentlemen, of high respectable
ty, were arrested by order of the Supreme
Executive Council of this State, at the in
stance of Congress, banished to town in
Virginia, and there detained. They we're not
treated a. criminals, but with consideration
and kindness. Those who chose to declare
their allegiance to the Government were re-
leased, and all were permitted to return to
their homes when it was thought they would
be no longer dangerous. .....
These arrests were made with the Anoaol-
edge and appreciation Of Washington. A
writ of habeas corpus acas issued at the in
stance Of tie prisoners, but it soas disregard
ed 6y tie officers in charge Of them, and soon
. afterwards, Sept. 16, 1777, the Legislature
passed bill indemnifying the Executive
Council, and suspending the writ of habeos
corpus.
So Washington was not more squeamish
about the arrest of tories than is the govern
ment now. In fact, he was far less SO. The
government has been far too lenient, rather
3 than too severe, swith the "notoriously dis
affected" We commend the action of the
Congress of IT and the course of Washing.
ton upon the matter Of arbitrary arrests y
to the consideration of all candid men. We
stand by the founders of American independ-
=. ence and the fathers of American liberty
upon this as upon all other subjects, and We
detest the tories of that and of this era with
an equal abhorrence.
IxPoRrANr DEc1s1oN.-The first decision
under the Presidents Emancipation Procla.
nation was made by Judge Clover, of the
Criminal Court of st. Louis, a few day since
Benjamin Williams, the former slave Of
rebel in Arkansas, who had escaped to Mis-
souri,, was found guilty Of grand larceny, tn
punishment of which, if he was slave, wa