The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1863-07-11

meeting, and there working upon his feel.
ings till he is persuaded to write tb. sold .
icr boy that he is fighting in q bad cause.
for a wick ed administration Of q contempt
lble government, too weak TO arrest and
punish him If he shall desert. think
that ir such a case, to silence tho agitator
and save the hoy is not only constitutions
al, but withal a great mercy.
II be wrong on this question Of COLI
stitutioual power, my error lies in belev.
ing that certain proceedings are constitu.
tional when, in cases of rebellion or inva.
sion, the public safety requires them.
which would not be constitutional when,
in absence of rebellion or invasios, the
public safety does not require them in
other words that the constitution is not
in its application, all respects the same,
III cases Of of rebellion or invasion invoiv-
ing the public safety, rs it is in times OF
profound peace and public security. The
constitution itself makes the distinction:
and can no more be persuaded that the
government can constitutionally take no
strong measures in time of rebellion, be-
cause it can be shown that the same could
not be lawfully taken in time of peace
than | can be persuaded that q particular
drug is not good medicine for a sick nAn
because it can be shown to not be good
for a well one Nor am l able 10 apppre>
ciate the danger apprehended by the
meeting that the American people will,
by means OF military arrests during the
rebellion, lose the right OF pubic discus
sion, the liberty OF speech and the press,
the lrw OF evidence, trial by ury, habeas
corpus, throughout the indefinite peaceful
future, which trust lies before them, any
more than | aui adj. TO believe that man
could contract so strong an appetite Tor
emetlcs during temporary illness as to per
sist in feeding upon them during the re-
mainder OF his heaithtul life
In giving the resolutions that earnest
consideration which you can request Of
me, J cannot overlook the fact that tho
meeting speak as Democrats" Nor can
!, with full respect for their known intel.
ligence, and the fairly presumed delibera>
ton with which they prepare their resolu.
tions, be permitted TO suppose that this
occurred by accident, or in any way other
than that they preferred to designate
themselves Democrats rather than Am
erlcan citizens. In this time OF national
peril wOttld have preferred 10 meet YOU
upon a level one step higher than any par.
ty platform; because l am sure that, from
such more elevated position We could do
better battle for the country we all love
than We possibly can from those lower
ones where, from the force of habit the
preJudces OF the past, anu selfish hopes
OF the future, We are sure 10 expend
much OF our ingenuity and strength in
Rndlng fault with, and aiming blows At :,
each other, ! will .e vet thankful. for the
countrys sake, that. not all Democrats
have done SO. He on whose di,cret,ona-
70 Il II IL I
rested aud tried Is Democrat having no
old party affinity with me and the Judge
who rejected the constitutional view ex.
pressed il these resolutions, ~ refusing to
discharge Mr. Ealiandingham on haIeas
corpus is Democrat OF better days than
these, having received his iudiciai mantle
at the hands OF President Jackson. And
still more. of all these Democrats who are
nobly exposing their lives and shedding
lheir blood on the battlefield. | have
learned that many approve the course
taken with Mr. NaliaIdinghaui, while !
have not heard a single one coudemuiny
it. / caunot assert that there are none
such. And the name OF PRESIDENT j Jack-
son recalls au instance of pertinent histo
ry After Inc battle of New Orleans and
while the fac. that the treaty OF peace had
been concluded was well known in the
city, but before official knowie ige Of 1t
had arrived General Jackson still main.
tanned martial or military law. Now, that
it could be said 1.-THE war was over. the
clanor against martial law, which had
existed from the first, grew more furious.
Among other things Il Mr. Lou.illier pub
lished a denunclatory newspaper article.
General jackson arrested him. A law
yer by the name Of Morel procured tho
United States Judge Hall to order q writ
OF kQ5cas corpus TO relieve Mr., Louailler
General jackson arrested both the lawyer
and the Judge
Mr. Hollander vcutured 10 say of some
part Of the matter that ait was dirty
trick. General jackson arrested him.
" hen the officer undertook TO serve the
writ OF habeas corpus, General Jackson
took II from him, and sent him away with
a copy. Holding the Judge in custody o
few day, the general sent him beyond the
limits OF his encampment, and set him ut
liberty, with an order to remain until the
ratifcstion, Of peace should be regularly
announced, OF 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 liber-
ated A few days and the judge called
General Jackson into Court and fined him
a THOUSAND dollars for having arrested him
and the others named The geHersl paid
the fine. and there the matter rested for
nearly thirty years, when congress refund.
ed principal and interest The late Senator
Douglas, then la the House of Represents.
tIves, took a leading part IN the debates,
in which the constitutional question was
much discussed. | ain not prepared to
say whom the journals would show to have
voted FOR the measure
II may te remarked: First, that We
had the same Constitution then IL now
secondly. that we had case Of invasion,
and now we have a case of rebellion and,
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 de.ri;nent whatever by that
conduct Of General Jackson. or ITS subse>
auent approval 5y the American Congress.
And yet, let me say, that in nay own
discretion, do not know whether ] would
have ordered the arrest Of Mr.. Vallandis-
ham. While cannot shift the RESPONSE
bilty from myself, hold that, as q general
rule. the commander in the field Is the
better Judge of the necessity in any par
ticular case. OF course, ] must practice
general directory and revisory power in
;he matter.
One Of the resolutions expresses the
opinion Of the meeting that arbitrary ar.
-ests will have the effect TO divide and
listact those who should be united ia
the rebellion, and am speci.
icaily called on to discharge Mr.. VallAn.
iigham. regard this as, at least a fair
appeal to me on the expediency Of exer.
,ising q constitutional pow er which think
exists. In response to such apueal I
have to say. it gave me pain when
earned that Mr.. Vailandigham had been
is, Il was panied that there
should have sesn,ed to be q necessity for
arresting him-and that it will afford me
great pleasure to discharge him So soon as p
can, by any means. believe the public p