Delaware State journal and statesman., 1863-06-19

to discharge Mr. Valandigham on ha5eas corpus
10 democrat OF better days than these, having
received his Judicial mantle at the hands Of
President Jackson. And still more, of all those
democrats who are nobly exposing their lives
shedding their blood on the battle field, have
Learned that many approve the course taken with
Mr.. Vallandighnm, while have not heard of n
single one oondeinning ii. | cannot assert that
there are none such. And the name of Presi.
dent Jackson recalls an instance of pertinent his
tory After tue battle OF New Orleans, and
while the fact that the treaty of peace had been
concluded was well known in the city, but be-
fore Official knowledge had arrived, General
jackson still maintained martial or military law.
Now, that it could he said the war was over, the
Gamer against martial law, which had existed
from the first, grew more furious. Amongst
other things MIR. Louaiier published denun-
catory newspaper article. General jackson
arrested him. lawyer by the name of Alorel
procured the United States Judge Hall to order
writ OF hgbe0s corpus to relieve Mr. Louaillier
daneral jackson arrested both the lawyer md
the Judge. A Mr.. Hoander yenturei TO snv
OF Soma part Of the matter that ait was dirty
trlcR General jackson arrested him. When
the officer undertook 10 serve the writ OF haheas
corpus, General jackson took il from him. md
sent him away with copy Holding the Judge
in custody Il few days, tho General sent him
beyond the limits Of his encampment, and set
him at liberty, with M order to remain till the
ratification Ut peace wns regularly announced.
or until the British should have left the southern
coast A day or two more ELAPSED, the ratiiica-
ton OF the peace WAS regularly announced and
the Judge aud others were fully liberated A
lew days more, and the judge called General
jackson into court and fined him thousand dol
lars Tor having arrested him and others named
The general paid the fine mud there the matter
+kap ~
refunded principal and interest. The late Seua-
tor Douglas, then in the House OF Representa-
tiyes, tuok Il leading part in the debates, in
which tue constitutional question was much dis
cussed. am not prepared to say whom the
journals would show to have voted for the
measure.
II may be remarked First that we had the
same Constitution then AZ now secondly, thnt
We then had case OF invasion, aud now we hive A
case of rebellion; and, thirdly, that the per.
manent tight Of the people to public discussion.
the liberty Of speech and of the press. the trid
by jury, the law of evidence, and the habeas
corpus, suffered no detriment whatever by that
conduct of General Jackson, or lis subsequent
approval 10y the American Congress
And yet, let me gay, that in my own discre
ti0n, do not know whether would have order
ed the arrest of Mr. Yaandigham. While |
cannot SHIFT The responsibility from myself, hold
'hn't NJ beheIhi RUIZ tue cOmmnnuer IN the
field Is the better judge of tie Necessity in apy
particular case, OF course, | must practice n
general directory and reyisory power in the
matter.
One Il the resolutions expresses the opinion
OF the meeting That arbitrary arrests will have
The effect to divide mud distract those who should
be united in suppressing the rebellion Ind am
specifically called on to discharge Mr. Vallan-
digham. regard this as at least fair appeal
to me on the exrediency Of exercising n const-
tutonal power which think exists. In res, onse
to such appeal have to say, it gave Inc pain
wher | leatned that Valaniigham had been
is, was panied that ,here should
have seemed to be n necessity for arr es ting him
and TINT ii will afford me great pleasure to
discharge him so soon as l can by any means,
believing the public safety will not suffer by it,
l further say, TINT as the war progresses, il ap.
pears to me- opinion aud action, which were in
great confusion at frat, take shape and fall into
more regular channels, SO that the necessity for
srous dealing with them gradually decreases. 1
have eyeiy reason to desire that it should cease
altogether, and far from the least is my regard
for the opinions aud wishes of those who, like the
meeting at bany, declare their purpose to sus.
tain the government in every constitutional aud
lawful measure to suppress the rebellion. Still,
must continue to do much as may seem to
be required by the public safety.
A. LINCOLN,