The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1863-06-24

dent, or in any way other than that they
preferred to designate themselves demo
Gratis rather than American citizens. "
In this time of national peril would have
preferred to meet you upon level one step
higher than any party platform, because |
am sure that, from such elevated position
we could do better battle for the country
we all love than We possibly can from those
10 owcr ones where. from the force Of habit,
the preiudices OF the past aud selfish hopes
ct the future, we are sure to eNpend much
of our ingenuity and strength in iuding
fault with and aiming blows at each other.
But since you have denied me this, will
yet bo thankful, for the country's sake that
not all democrats have done So lie on
whose discretionary Judgment Mr.. Vallan-
dighNm was arrested and tried is demo
crat, having no old party affinity with mo ;
and the Judge who rejected the consutu-
tiUual view expressed in these resolutions.
by refusing to discharge Mr., Nallandigham
on hshcas corpus, is u democrat of better
days than these, having received his Judi
cial mantle at the hands Of President Jack
son. And still more, of ali those democrats
who are uobly exposing their lives and
shedding their blood on the battlefield,
have learned that many approve the course
talicn with MIR. Nallaudigham, while have
not heard Il single ono condemnng it.
can no. assert that there are mono such.
And the name of President Jackson recalls
an incident of pertinent history. After the
battle of New Orleans, and while the tact
that the treaty of peace had been couclud-
cd was well known in the city, but before
Official knowledge of it had arrived, General
jackson still maintained martial or military
law. Now, that it could be said tho war
was over, the clamor against martial law
which had existed from the first, grew more
furious.
Among othor things, u Mr., Louialler pub
Ilshcd dcnunCiatory newspaper article
Gen. jackson arrested him. 4 lawyer bv
the name of Morol procured the United
States Judge Hall TO order writ of habeas
corpus to relieve Mr.. Louiallcr. Gen. Jack
son arrested both tho lawyer and the Judge
A Mr.. lIollandcr venturcd to say OF somc
part of the matter, chat lit was dirty
trick" Gen. jackson arrested him. When
the officer undertook TO serve the writ of
habeas corpus. Gen. Jackson took it from
HIM and sent him away with copy. llo!
ding the Judge in custody few days, the
General sent him beyond the limits of his
encampment, and set him at liberty. with
an order TO remain until the ratification of
peace should bo regularly announced or
until tho British should have left the South
crn coast. a day or two moro elapsed, the
ratification OF the treaty of peace was rcgu-
larly announced, and the Judge and others
were fully liberated. \ few days more, and
the Judge called General Jackson into court
and fined him thousand dollars for having
arrested him and the others uamed. The
General paid the fine. and thcre the matter
rested for nearly thirty years, whom Con
gress refunded principal and interest The
late Senator Douglas, then in the House of
Representatives., took leading part in tho
debates, i'll which the constitutional Qucs-
ton was much discussed | am not pre-
pared to say whom the journals would
show to have voted for the measure.
1t may bc remarked, first, that we had
the same Constitution then rs now: sec.
ondly, that we then had case of invasion.
and we nov have II 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, and the haheas cor
pus, suffered no dctrimcnt whatever by that
conduct of General jackson, or its Subsc-
quent approval by the American Congress
And yet, let me say that, in my own dis
cretion, | do not know whether | would
have ordered the arrest of Mr.. Nallandig-
ham. While | can not shift the RESPONSE
biIity from myself, hold that, as a general
rule, the commander in the field is the bet
ter Judge OF the necessity i'll any particular
case. OF course, must practice general
directory and rcvisory power i'll the matter.
One of the resolutions Expresses the
opinion of the meeting that arbitrary ar
rests will have the effect to divide and dis
tract those who should he united in sup
pressing the rebellion, and | am specifically
called on to discharge Mr.. Nallandigham.
| regard this as at least, u fair appeal to
me ON the cXpedicncy of exercising a con-
stitutioual power which | think exists In
response to such appeal, ! have to say il
gave me pain when | learned that Mr.. Val
landigham had been arrestcd-that is,
was panied that there should have seemed
to be Il necessity for arrcsting him and
that it will afford me great pleasure to dis
charge him as soon as | can, by any means,
believe the public safety will not suffer by
it, further say that, as the war progress
es, 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 necessity for strong dealing
with them gradually decreases. have ev-
cry reason to desire that it should cease
altogether, and far from the least is my re-
gard for the opinions and wishes of those
who, like the meeting at Albany, declare
their purpose to sustain the Government in
every constitutional and lawful measure to
suppress the rebellion. Still, must con
tinue to do so much as may seem to be re-
quired by the public safety.
A. LINCOLN.