Litchfield enquirer., 1863-06-25

this occurred by accident, or in any wny other than that they preferred to designate them selves Democrats" rather than .sAmericai citizens" In this time of national peril would have preferred to meet you upon level one step higher thar any party platform because I am sure that, from such more elevated posi- tion, we coald do better battle for the country we all love than We possibly can from those, lower ones where, from the force of habit, the prejadices of the past, aud selfish hopes of the fature we are sure to expend much of our in- genuity and strength in finding fault with. and aiming blows at each other. But. since you have denied ne this, I will yet be thankful, for the country's sake. that not all democrats have done 50. He on whose discretionary judgment MT. Vallandigham was arrested and tried is a democrat. having no old party affinity with me, and the judge who rejected the constitutional view expressed in these resolutions,by refusing to discharge Mir. vallandigham on habeas cor pss is democrat of better days than these, having received his judicial mantle Ut the hands of President Jackson. And still more, of all those Democrats who are nobly exposing their lives and shedding their blood on the battle- field, I have learned that many approve the course taken with Mir. Vallandigham, while have not heard of single one condemning It. cannot assert that there are none such. And the name of President Jackson. recalls an ins. tance of pertinent history.
 After the battle of New orlsans, and while the tact that the treaty of peace had bssa con- cluded was well known in the city, but before official knowledge of 1t lad arrived, General
 Jackson still maintained martial or military law. Nov, that it could be said the war was over, the clamor against martiallaw. which had existed from lhe first. grew mora furious.-- Among other things Mir. Louaillier published . denunciatory newspaper article. Gen. Jack son arrested him. A lawyer by the name If Morel procured the United States Judge Hall to order writ of ha5sas corpus to relieve Mir. Lopaillier. Gen. Iackaop arrested both the lawyer and the judge. A MT. Hollander ysn- tured to say of some part of the matter that it twas dirty trick.n Gen. Jackson arrested him. When the officer undertook to serve the writ of kabeas corpus, Gen. Jackson tosk it from him, and sent him away with copy.-
 Holding the judge in custody few days, the General sent him beyond the limits of his en. campment, aud set him ct liberty. with an or der 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, ths ratification ofthe treaty of peace was regularly announced, and the judge and othsrs were fully liberated. A few days more, and the judge called General Jackson into court and fined him thousand dollars fer having arrested him and the othsrs named. The General paid the tlue and there the mattsr rested for nearly thirty years. when
 Congress refunded principal and interest. The late Senator Dougl<e, then in. the House ot
 Representatives, took 2 leading part in ths de
 bates, in which the constitutional question was
 much discussed. I am not prepared to say whom the journals would show to have voted for the measure.
 It may be remarked: First, that we had the same Constitution then a now; secondly, that we then had case of invasion. and now we have case of rebellion; and, thirdly. that the |permahsnt right of the people to public dis cussion. the liberty ofspeech and ofths Press, the trial by jury. the law of evidence, and the habeas corpus suffered no detrimsnt whatever by that conduct of Gen. Jackson, or its subss quent approval by tue American Congress.
 And yet, let me say, that in my own discre- t;op. [ do not know whether would have or Edered the arrest of MT. vallandigham. While cannot shift the responsibility from myself, 1 hold that, as . general rule, the commander tn the field ii the better judge of the necessity in any particular case. Of course, l must prac- tice general directory and rsvisory power in the matter.
 s One of the resolutians expresses the opinion of the meeting that arbitrary arrests will have the effect to divide and distract those who saouId he upited in expressing the rebellion, and am specifically called on to discharge Mr. vallandigaam. regard this as,at least. fair appeal to me on the expediency of exercising constitutional power which Ithink exists. In response to such appeal l Ihaye to say, 1t gave me pain when learned that Mr. vallandig. ham had been arrested--thst is. was pained that there should have seemed to be . necessi- y for arresting him -and that it will afford me great pleasure to discAargs him 70 soon as I can, b5 any means, believe the public safety will not su6sr by it. l further say, that as the war progresses, it appears to me. opinion and action. which were in great confusion at flrst' take shape and fall into more regular ehsnnsls, 50 thal Inc necessity for strong dealing w'sn them gradually decreases. Ihavs every reason ? toI desire that t should cease altogether, and Ifs, trom ths least is my regard for the opinions au,, X visbes of those who, ike she meeting q \ AIba1v. declare their purpose to sustain the Government in every constitutional and lawful