Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1863-06-27
OLD SERIES, VOL. 23, NO. 40.

tanned marshal or military law. Now, that
it could be said the war was over, the
clamor against martial law, which had cx-
istcd from the first, grew more furious
Among other things, Mr.. Louailler pub
lished dcnunciatory newspaper articR.-
General jackson arrested him. 4 lawyer by
the name of NIorel procured the United
States Judge Hall to order writ of habcas
corpus to relieve Mr.. Louailler. General
jackson arrested both the lawyer and the
Judge A Mr.. JIollandcr ventured to say of
some part of the matter that ''it was dirty
trick" General jackson arrested him.
When the officer undertook to serve the
writ of habeas corpus, General JAG kson took
1t from him, and sent him away with copy.
Holding the judge in custody few days,
the general sent him beyond the limits of
his cncampment, and set him at liberty,
with an order to remain till the ratification
of peace should be regularly announced, or
until the British should have left the SOU
thcrn coast. a day or two elapsed, the
ratification of the treaty of peace was regu-
lary announced, and the Judge and others
were fully liberated. A few days more, and
the judge called General jackson into court
and fined him thoqGand dollars for having
arrested him and the Others named. The
General paid the fine, and there the matter
rested for nearly thirty years, when Congress
refunded principal and interest. The late
Senator Douglas, then in the House of Rep
resentativcs, took n leading part in the de-
bates, in which the Constitutional question
was much discussed. i am not prepared to
say whom tue journals would show to have
| voted Tor the measure.
| 1t may be remarked: First, that VIC had
the same Constitution then GS now second
| ly, that we then had case of invasion, and
now we have case of rebellion and, third
| ly, 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 habcas corpus, suffered no
detrimcnt whatever by that conduct Of Gen.
jackson, or its subsequent approval by the
American Congress.
And yet, let me say, that in my discretion
| | do not know whether | would have order
ed the arrest of Mr.. Nallandigham. While
| cannot shift the responsibility from myself
l hold that, as general rule, the command
cr i'll the field is the better judge of the
necessity in any particular case. Of course,
| must practice general directory and re-
visory power in the matter.
One of the resolutions expresses the opin.
ion of the meeting that arbitrary arrests
VIII nave thc CHeC. 70 (lNluc ana ulslrac'
those who should be united in suppressine
the rebellion, and | am specifically called OF
to discharge Mr.. Nallandigham l regard
this, at least, a fair appeal to me on the cx
pediency of exercising unconstitutional powc
which think exists. In response to sucl
appeal / have to say, it gave me pain whcr
| learned that Mr.. Nallandigham had becI
arrcsted-that is, was panied that ther,
should have seemed to he necessity fo
GrrestnG him-and that it will afford MI
| great pleasure to discharge him so soon rs
cam by any means, believe the public safety
will not suffer by it. l farther say, that a,
the war progresses, 1t appears to me, opinion
and action, which were in great confusion
at first, take shape and fall into more regulal
channels, so that the necessity, for strong
dealing with them gradually decreases.
/ have every reason to desire that it shoulc
cease altogether, and far from the least i
my aegard for the opinions and wishes o
/ those who, like the meeting at Albany, de
clare their purpose to sustain the govern
mcnt in every constitutional measure to
! suppress the rebellion. Still, | must con
tinuc to. do so much as may seem tQ bC
required by the public safety.
A. LINCOLN.