The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-06-19
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same 10 cases Of REBELLION or jnvssion
involving the public safety. as h IA in
times Of profound peace and public se-
curity. The constitution itself makes
the distinction; aud | can no more be
persuaded that the government can con.
su'ulionslly take no strong meaeurea
In time Of rebellion, because Il can bs
shown that The same could not be law.
fully taken tn time Of peace than | can
be persuaded that particular drug Is not
good medicine tor a sick man, because Il
can be shown to not be good food Tor
well one Nor am I able TO appreciate
the danger apprehended by the meeting
that the American people will, by means
OF military arrests during che rebellion.
lose the right Of public discussion, the
liberty of speech and the press, the law
Of evidence, trial by jury, and habeAs
corpus, throughout the infioite peaceful
future, which trust lies before them,
any more than l sm able TO lieye that
man could contract so strong an appe-
tte for emeIcs during temporary Illness
as TO persist Ia feeding upon them during
the remainder Of his healthful life.
10 giving the resolutions that earnest
consideration which you request OF me,
cannot overlook tho fact that the meet
ing speak as democrats" Nor can /,
with full respect for their known inteln-
gence, and the fairly presumed delibe-
ration with which they prepared their
resolutions, be permitted to suppose that
this occurred by accident, or Ia any way
other than that they preferred to desig-
nate themselves democrats" rather than
American citizens" In this time of
national peril would have pre- ferred 10
meet you upon o level one step higher
than any party platform; because AN
sure that from such more elevated po-
sition, we could do better battle for the
country we all love THAI we possibly can
from those l0weEones where, from the
force OF habit, the prejudices Of the past,
and selfish hopes Of the future, we ars
sure to eXpend much of our ingenuity
and strength in finding fault with, aud
aiming blows at, each other. But. since
you have denied nae this, | will vet be
thankful, for the couutry's sake, that not
all democrats have done 80. He on whose
discretionary Judgment Mr. Vallandlg-
ham was arrested and tried Is demo-
crat, having no old party affinity with
me and the Judge who rejected tho con-
stItutional view expressed in these reso-
ntions, by refusing TO discharge Mr..
Nalfandigham on ha5eas corpus, is
democrat of better days than these,
having received his judicial mantle at
the hands Of President Jackson. And
still more, Of all those democratic who
are nobly exposing their lives and she'd
ding their blood on the bSttlo. iltli, /
have learned that many approve the
course taken With Mr.. Vallandighani,
while have not heard Of a single one
condemning IT, cannot assert that
there arc none such. Aud the name Of
President jackson recalls an instance of
pertinent history. After the battle of
New Orleans, and while the fact that the
treaty Of peace had been concluded was
we'll known in the city, but before official
knowledge OF IT had arrived. Genera
jackson still maintained martial or mill
tary law. Now, that it could be eaid the
war was over, the clsmoF against martial
Law, which had existed from the frst,
grew more furious. Among other things
Mr LOuaillier published 2 denunciaiOfY
newspaper article. General Jackson ar
rested him. A lawyer by the name of
Morel procured the Unitsd States Judge
Hall 10 order q writ Of h0beas corpus 70
relieve Mr. LouaillieF. General jackson
arrested both the lawyer and the judge,
. Mr.. Hoilander ventured 10 say Of some
part Of tho matter that ait was a dirty
trick" General Jackson arrested him.
When the officer undertook 20 serve the
writ OF habeas corpus, General Jack
| -. % lea. nr.1
with copy. Holding the judge in GUS
tody few days, BIO sent him beyond The
limits of his encampmeni, and set him At
liberty, with an order 10 remain ill the
ratification of peace should be regularly
announced, or until the British should
have left the Southern coast. A day or
two more elapsed, the rat iic alton OF the
treaty Of peace was regularly announced,
and the Judge and others were fully lib
Grated. A few days more, aud the Judge
called General Jackson into court and
fined him thousand dollars for having
arrested him aud the others named. Tho
general paid the fine, aud there tho mat
ter rested for nearly thirty years, when
Congress refunded the principal and in
terest The late Senator Douglas thsn
in she House Of Representatives, took .
leading part In the debates, in which the
J constitutional question was much dis
oussed. avn not prepared 10 say whom
!, the Journals would show 10 have voted
for The measure.
Itmay be remarked First that we had
the same Constitution thon as now; Sec
ondly, that we then had case Of inva-
sion, and now we have a case OF rebellion;
/ and. thirdly, that the permanent Tis ht OF
: the people 10 public discussion, tho lib-
J erty Of speech aud Of tue press, the trial
bV Jury, the law Of evidence, and tho
habeas corpus. suffered no detriment
J Whatever by that conduct OF 0eieral
Jackson, or it's subsequent approval by
the American Congress.
And yet, let me say that 10 my own
discretion, do not know whether [ would
have ordered tho arTest Of Mr.. Val andig-
} ham. While i cannot shift the r0sp0nsi-
: biiily from myself h)ld that, as geo
eral rule, tho commander IN tho Geld il
tho better Judge Of the necessity In any
! psrticular case. OF course, ! must prac-
tice q general directory and reyisorJ
, power 10 tho matter.
d One Of the resolutions expresses The
0pioion Of the meeting that arbitrary ar
rests will have the effect 20 divide And
, distract those who should be united IN
supprossing the rebellion, aud an ape-
cihcally called on 20 discharge PIC. Val
q landighsm. regard ibis o., at least .
r fair appeal to me on the tTPedieney O
r exercising 3 consiiiu ional power Which
J, think exists. In response 10 such Ap'
J, peal have 90 say, 10 gave ue pain when