Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-06-25

- Ea...'.-essp
stitutioaal view expressed il these resola.
tons, by refusing to discharge Mr.. Vallan.
digham on ha6sas corpus, is democrat of
peter days than these, having received
MS judicial mantle at the hands of Presi
Gent jackson. And still more, of all those
democrats who are nobly exposing their
lives and shedding their blood on The bat
tie Held, l have learned that many sp-
prove the course taken with Mr.. Vallan-
digham, while l have not heard of a sin.
gle one condemning it. I cannot assert
that there are none SUCH And the name
OF President Jackson recalls an instance of
pertinent 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, General
Jackson still maintained martial or mill.
| tary 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
Mr.. Louallier published denunciatory
newspaper article. General Jackson ar
rested him. A lawyer by the name
OF Mo.el procured the United States
Judge, Hall, to order writ of hd6eas cor.
pus to relieve Mr.. Louaillier. General
Jackson arrested both the lawyer and the
Judge. A Mr.. Hollander ventured to say
of some port of the matter that sit was
a dirty Trick Gen. Jackson arrested him.
When the officer undertook to serve the
writ OF hsbeas corpus, General Jackson
took it from him, and sent him away
with copy. Holding the Judge in custo.
dy few days, the general sent him hey ond
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 LETT 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. 4 few days more, and the
judge called General jackson into court
and fined him a thousand dollars for hay
ing arrested him and the others named.
The Genera! paid the fine, and there the
matter rested for nearly thirty years,
when Congress refunded principal and
interest. The late Senator Douglas, then
in the House of Representatives, took
leading part in the decates, in which the
constitutional question was much discuss
ed. l am not prepared to say whom the
journals would show to have voted tor the
measure.
1t may be remarked: First, that we
had the same Constitution then as now;
| secondly that We then had case of inva-
sion, and now we have a case of rebel
lion; 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 what
ever by that conduct of General Jackson,
| or its subsequent approval by the Ameri-
car 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 l cannot shift the response
| bility from myself, hold that, as a general
rule, the commander in the field is the
| better judge of the necessity in any par
ticular case. Of course, must practice a
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
distract those who should be united in
suppressing the rebellion, and I am spe-
officially called ON to discharge Mr. Val
landigham. regard this as, at least, a
fair appeal to me on the expediency of ex-
ercising a constitutional power which 1
think exists. In response to such peal
| have to say, it gave me pain when |
| learned that Mr.. Vallsndigham had been
arrested-that is, [ was panied that there
should have seemed to be necessity for
arresting him-and that it will afford me
great pleasure to discharge him so soon as
l can, by any means, believe the public
safety will pot suffer by it.
further say, that as the war progress
es. 1t appears to nae, opinion and action,
which were in great confusion at first,
take shape and fall into more regular
channels, SO that the necessity for strong
dealing with them gradually decreases. |
have every reason to desire that it should
cease altogether, and far from the least is
my regard for the opinions and wirhes of
those who, like the meeting ct Albany,
declare their purpose to sustain the gov
( eminent in every constitutional and law
measure to suppress the rebellion. Still
| | must continue to do so much as NAV
seem to be required by the public safety.
| A. LINCOIN