The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1863-07-02
NUMBER 40.

| When the officer undertook to serve the
writ of habeas corpus, General Jackson
took it from him, and sent him away with
copy. Holding the Judge in custody a
few days, the General sent him beyond
the limit of rhe encampment, and set him
at liberty, with an order to remain until
the ratification of peace should be regu-
larly announced. or until the British sho'd
have left the southern coast. A day or
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 Justice called
General Jackson into court aud fined him
thousand dollars for having arrested him
and others named. The General paid the
fine, and there the matter rested for near
ly thirty years, when Congress refunded
principal and interest. The late Senator
Douglas, then in the House of Represen-
tatives, took leading part in the debates
in which the constitutional question was
much discussed. | am 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; Sec
ondly, that we then had a 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 the press, the trial by jury, the
law of evidence, and the habeas corpus,
suffered no detriment whatever By that
conduct of General jackson, or its subse-
quent approval by the American Congress.
And yet, let me say, that, in my own
7 j l.. 4
have ordered the arrest Of Mr.. Vallandig-
ham. While l cannot SHIFT the response
bility from myself, hold that, as gener-
al rule, the commander in the field is the
better judge of the necessity In any partic-
ular case. OF course / must practice
general directory and reyisory 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 / am spe-
cially called on to discharge Mr.. Vallan-
digham. regard this act as, at least,
fair appeal to me on the expediency of
exercising constitutional power which
think exists. In response to such appeal
[ have only to say, it gave me pain when
l learned that Mr.. Vallandigham 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 not suffer by it. further say
that, as the war progresses, it appears to
me opinion and action, which were in great
confusion at first, take shape and fall into
more regular channels, so that the neces-
sity 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 opin-
ions and wishes of those who, like the
meeting at Albany, declare their purpose
to sustain the Government in every con-
stitutional and lawful measure to suppress
the rebellion. Still, | must continue to-
DO SO much as may seem to be required By
the public safety. -:
A. LINCOLS.