Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1863-06-24

t''S-''S ~-NS "O SttoHS measures iu tfiHc Va
rebellion, because il can be shswn that the
same could not be lawfully taken in time of
peace than l can be persuaded that a par
| ticular drug is not good medicine for sick
man, because it can be shown to not be good
food for a well one Nor am able to appre
ciate the danger apprehended by the meeting
that the American people will, by means of
military arrests during the rebellion, lose
the right of public discussion, the liberty of
speech and the press, the law of evidence,
trial by jury, and habeas corpus, throughout
the indefinite peaceful future, which | trust
lies before them, any more than / am able to
believe that man could contract so strong an
appetite for emetics during temporary illness
as TO persist in feeding upon them the remain
der of his heathful lite.
In giving the resolutions that earnest con-
sideration which you request OF me, cannot
overlook the fact that the meeting speak as
democrats Nor can /, with full respect tor
their known intelligence, and the fairly pre-
sumed deliberation with which they prepared
their resolutions, be permitted to suppose
that this occurred by accident, or in any way
other than that they preferred to designate
themselves democrats rather than ''Ameri-
can citizens" In this time of national peril
| would have preferred to meet You upon
level one step higher than any party platform;
because arn surs that, from such more eleva-
ted position. we could do better battle for the
country we all love than possibly can from
those lower ones where, from the force of hab-
it, the prejudices of the past, and selfish hopes
of the future, we are sure to expeud much of
ingenuity and strength in finding fault
with. and aiming blows at each other. But,
since you have denied me this, I viii yet be
thankful, for the country's sake, that not all
Democrats have done so. He on whose dis
cretionary judgment Mr.. Vallandigham was
arrested and tried is democrat, having no old
party affinity with me /; and the judge who
jected the constitutional view expressed in
these resolutions, by refusing to discharge
Mr.. Vallandigham on habeas corpus, is dem
ocrat of better days than these, having recei-
we'd his judicial mantle at the hands of Presi-
democrats who are nobly exposing their lives
and shedding their blood on the battle field,
have learned that many approve The course
taken with Mr.. Valandigham, while have
not heard of a single one condem2ing it. |
cannot assert that there are none such. And
the name of President Jackson recalls an in |
stance of pertinent history. After the battle
of New Orleans, and while the fact that the |
treaty of peace had been concluded was we'll
known in the city, but before official knowl- !
edge 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, Mr.. Louailier published de- t
nunciatory newspaper article. Gen. Jackson /
arrested him. A lawyer by the name of Nor
ell procured the United States Judge Hall to I
order writ of habeas corpus to relieve Mr.. /
Louaillier. Gen. Jackson arrested both the |
lawyer and the judge. A Mr.. Hollander ven
tured to say of some part of the matter that
ssit was dirty trick" Gen. jackson arrest
ed him. When the officer undertook to serve /
the writ of habeas corpus, Gen. Jackson took
it from him, and sent him away with copy.
Holding the judge in custody few days, the
General sent him bey ond the limits of his en-
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 Gen.
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 refunded principal and inter-
est. The late Senator Douglas, then in the
House of representatives, took leading part
in the debates, in which the constitutional
question was much discussed. am not pre-
pared to say whom the journals would show to
have voted for the measure.
It may be remarked First, that we had
hat 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,
Ind the habeas corpus, suffered no detriment
by that conduct of General Jackson,
,r its subsequent approval by the American
congress.
And yet, let me say, that in my own discre-
ion, do not know whether would have or
lered the arrest of Mr.. Vallandigham. While
cannot shift the responsibility from myself,
hold that, as a general rule, the commander
n the field is the better judge of the necessi-
y in any particular case. Or course, must
Practice general directory and revisory