The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1863-08-06

their blood on the battle field, | have learned that
many approved the course taken with Mr.. NaIlan-
digham, while [ have not heard of a single one
condemning it. | cannot assert that there are
none such And the name of President j ickson
recalls an instance of pertinen. history. Alter 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, 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.. Louaillier published Il
denuncIatory newspaper article. General jackson
arrested him. A lawyer by the name of Morel
procured the United States Judge Hall to order Il
writ of .'habeas corpus To relieve Mr.. Louaillier.
General jackson arrested both the lawyer and the
judge. \ Mr.. Hollander vcntured To say of some
part of the matter that : 1t was a dirty trick"
General Jackson arrested him. When the officer
undertook TO serve the writ of 'habeas corpus
General jackson took 1t AWAY from him with n
copy. Holding the judge q 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 an
nounced, or until the British should have left the
Southern coast. \ day or two more elapsed, the
ratification OF the treaty of peace was regularly
announced, and the judge and others were fully
liberated. \ few days more, and the Judge called
General jackson into Court and fined him 81 900
for having arrested him and the others named.
The general paid the 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 u leading part in the debates, in which the
constitutional question was much discussed. Lam
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 secondly, that we
then had II case of invasion, and now we have a
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 corpus, . suffered
no detriment whatever by that conduct of Gen.
jackson, or its subsequent approval by the Ameri-
Can Congress.
And yet, let me say, that in my own discretion,
L do rot know whether | would have ordered the
arrest of Mr.. Vallandigham. While | cannot shift
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 case.
OF course, | must practice a general directory and
power in the matter.
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
united IN suppressing the rebellion, and | am speci-
fically called on to discharge Mr.. Vallandigham.
| regard this as, at least, a fair appeal to me on
the expediency of exercising a constitutional power
which L think exists. In response to such appeal
| have to say, it gave me pain when | learned that
Nallandlgham had been a~rrested-that is, [
panied that there should have seemed to he a
necessity for arresting him-and that it will afford
me great pleasure to discharge him so soon as [
by any means, believe the public safety will
not suffer 10y it. | further say. that as the war
progresses, 1t appears TO me. opinion and action,
which were In great confusion ut first, take shape
ind fall into more regular channels, 50 that the
necessity for strong dealing with them gradually
| have every reason to desire that it
should cease altogether, and far from the least is
NY regard for the opinions and wishes of those
who, like the meeting ut Albany, declare their
purpose to sustain the Government in every consti-
'utional and lawful measure to suppress the rebel
ion. Still, [ must continue to do so much as may
seem to be required by the public safety.
A. LINCOLN.