Juliet signal. [volume] (Juliet [i.e. Joliet], Ill.) 1844-1???, 1863-06-16
Judge Drummond,s Rem.-ss
on the Times Case. =

tion TOR postpoDment, said:
saw 1t stated in the public pfinis A
yesterday that an order bad been MAD -,
Zen. Burnside to suppress the Time ns-y
paper of this city. I had no near. ~
knowing at the time whether thai :nts1.
hgence vas correct, or whether the ords-
was authentic. 1t was not until late IN tiIe
evening that 1 was informed thai tbsrs
nac been an order actually Used bv Gen
Burnside supressipg the publication OF 81
Times. and that the military Objects hoS
been directed to carry the order into p III,
| AT the same time / was informed tbs 49,
plicstion would be made to me. a IsooS -
the bill could be prepared. 10 arrest. e. r.
as u was possible for the civil at1tberitr IL
to do it, the action of Gen. Burns;dsss +,
was about III o'clock last evening / fhfnf
that bill was presented to me. SNbirh III.
legged substantially, that the plaintiffs WeT.
the owners and publishers Of the psEse1.
/ per; and that an irreparable injury ronId
be done them. their Interests sr5| lse;r
property, if this order should be carried in.
to effect, and asking for the intefposjtionl
Of the court to arrest it. ,sI.ls
The question involved was 90 grave ana
the consequences Of the act of Gen. BUrua
side 30 momentuous as to affect The inter.
ests al all, and not merely the CHICAGO
Times, and thought it to be the dutv Of
the court, without determining any question
OF hgnt' either on the part Of the govern
msnt or OF the plaintiffs TO signify to the
military authorities, that-it, at any rate.
was the duty OF the court, if the plsi1tiSs
desired It, to bear arguments upon il. and
to give also 70 those who sotpbt "a es;,-
into effect the military order, an opnorsoni.,
u of being heard, because primo faeie !,
emipated from the authorities Of the 11v.
ernment, and pTinG .Jacie. the eoyernTsnA
claimed IN this way t. interfere With ths
property OF a citizen. II was nothing more
than fair and just to all parties-the nartiea
who are plaintiffs as well as those Who are
representing the government, that an op-
poTtunIty should be given to be heard. The
court olo not intend, By issuing restrain.
ing orcer to have it regarded ID the nature
OF an injunction. IL WIS not an iniuDotion
but simply direction to the officers tSat
nothing should be done to affect the riohts
Ut parties until it could be determIn,d
whether and Injunction should issue in lhe
case.
For that reason the order was given bv
the Judge at chambers. with which sperhaps
most OF you are. acquainted.
The act OF Congress and the rules Of tbs
court both require that no special iniuno.
ton shall issue without notice sbaiI -
given to the parties to be affested by il 81
the time and the place when and where h
is to be moved for ; and il was for TIE reas-
on that the exigency was 80 great that the
potice Ofthe application, at that time .couId
not be properly given that the order was,
issued last night.
These parties have the same rights a.
any other parties, and il is not optionahIe
on the part of the court to hear the case or
not. Whether the bill is properly fled
whether 1t contains proper allegations cali.
lug Tor the interposition Of the court. fbiS
IS matter t. BE determined on the hearing.
4 can assure tue counsel on both sides tbst
It ls painful matter personally, 10 be thu
judge now sitting hereto hdjndicate sneh
q case. =.
l may be permitted to say, or may be
pardoned for saying, that personally and
ohelaIly desire to give any aid or assist
,ance 10 my poWerto the government and
10 the administration in restoring the.
Union, 10 cementing once more that bond
which united us together Rut have'nl-
ways desired, have always wished 10 treat
the government as a government Of Law
and OF the constitution, and not a govern,
ment Of mere physical force. Loud cbeers
from every part of the room I trust there
VIII be no interruption of the court. ] have
COMMANDED, aud shall always contend, for
the right OF free discussion and the right os-
commenting. under the law and unosf the
constitution, upon the acts Of ofsbers ofthe
government. / stated in an address Whishi
made before the people Of this city, few
weeks ago. that believed in that rikht
because l thought the constitution aud the
laws guaranteed it, and intend personally
aud officially to maiotain IT, 81
AS an OfhceF of the government, will
strive to maintain that gogernmsut. bat I
believe that the constitution and laws fur.
nieh ample means-Qmple mems 10 euos
press this rebellion. [ believe thai abe
military authorities act under the Isws
under the constitution. also beiieve when
there are military operations going on.
when there are armies 10 the field in hoss
tile array, then the civil authority ceases.
uId then comes in marshal laW-thenr
comes 10 the law Of war.
But the armies of the United States, the
major-generals ofth United States, aet
under authority Of law (which is some
distinct from marshal Law is just as much
under the constitution as the civil laW,prs--
cisely.
VIII say one word further: That Thile
there may be considerable feeling produ.
ced by an act Of this kind, etill We mast
recoilect that nothing is ever gained By
violence.
These parties have appealed to thec0urt
and the court, 90 far as it is able 10 do so,
will determine the rights of property. II
trust that there will pothing occur in this
community which wi show q wsnt Of cons
e. H. 81.
try.
lt Is desirable that we should know
whether We live under goEerumeIt Of
Law or under government simply OF force.
As have already said, ! believe We that
1--we under government of Law, and TRUST
thst every citizen Of this Community also
has the same belief aod that eli, each ono
for himself, will act rs IL We did live uoder
2 government Of law. and which. eFsn in.
its force and military power, is d;reeted
aud controlled b. Law.