Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1864-11-08
Arbitrary Arrests JustIasd.


H. Arbitrary Arrests Justiasd.
[From Gen. Banks Speech in Faneuil HALL
I We are surrounded by the public enc.
my. He is here in Boston, in the city of
New York, as well as in the twelve or four
teen States of the South. Applause. ]
What power is required under the Consti-
tuition of the United States, from the Pre-
sident Of the people, to meet this enemy,
here and elsewhere2 Applause. II is
the despotic power. [Renewed applause
and cries of"good." The enemy in arms
shall be destroyed, and the enemy in se-
oret shall be deprived of the power to cir
,cumVent or destroy the government of the
country or its people. Great applause
When you hear that our brethren in arms
have fallen upon the field of battle-a
Lowell or Wells, or aRy other of the
gallant young men who have gone from
Massachusetts-yo know it is your right
that their opponents shall also fall in
blood and bite the dust applause;l and
when you see in your midst-if it be in
this city or in this hall, or even in your
own family-certain men who are plotting
to destroy our own government, and to
build up the government of our enemiesr
by whose exertions our own brethren are
made to bite the dust, in sad though glo.
i
lpeWerS Of the American. people justifes
their arrest. [Applause.]
Now, the theory of arrest in this conn
try is not the theory of arrest that existed
in tyrannous countries elsewhere, In other
times. 1t is not Austrian, it is not French,
tits not even English; it is purely Ameri-
can-taking its character from the great
and generous heart of the American people,
taking it's authority from the perfect con-
stttution Of the American people. 1t is a
power of arrest that deprives men OF the
liberty, or the privilege, or, the opportunity
TO do public harm-thRt is ALL Ap-
plause. In England, in France, in Aus.
tria. or in Russia, arrest means punish
ment, itmeaps exile, it means execution
and death. In the American States it
means no such thing. 1t means that a man
is restrained of his personal liberty to do
public wrong and nothing more, [applause
and cries of NGood,"1 and when our friends
and fellow citizens complain, whether in
sound judgement or in false Judgement, of
these arrests, let me say to you that it is
your duty to make the discrimination that
1 have made, and to see that this power is
absolutely necessary to maintain the ltber-
ties of the country, and to maintain the
authority and Jurisdiction of the govern.
ment. have seen little of the exercise
ofthis power; have reflected much both
upon the necessity and consequences OF
the exercise of this power ltit destroyed
the liberties of my country, whatever might
be the necessity for it, would say here
ltbiyou, do not support it. But it does not
destroy or impair the liberties of my coun-
try or the liberties of my countrymen; it
strengthens both the one and the other.
| l[ApplRuse.l ...'i, 5.1.-;
will give you an illustration in which /
IboeS a part, by the orders of the govern
lment-the dispersion of the members of
the Maryland legislature in 1852 cries OF
bI'Good,H and applause, 1.-The imprison-
| IuhAnt of such men as were disloyal-the
holding in custody! from twelve hours to
longer period, according to the necessities
| of the time, of such men as bore ques-
lhonable character. Why was this dOne4
There had been ten, twelve or more of tho
states of this Union that had rebelled
Iapainst this government, through the ac-
ton of the Legislatures Of those states
lSNot one of them had ever submitted the
Question of secession to the people of any
/ etate-not one. The conspirators not only
Esonght to overthrow the government and
The Union, bnt they stole away the liberty
Eof their own states and fellow citizens
They never dared, in q single instance, to
/ snbSait the question to the people, because
| they knew the vote of the people would be
fatal, to their purpose and their treason.
The legislature Of Maryland had adjourned
| over. for some purpose known to it's mem-
/ bers alone. They were called to meet in
/ the oity of Frederick for. some purpose
Ifnown to themselves; not connected with
THE necessary legislation OF the state There
vas good ground for belief that the lead
ers Of that body intended to follow the ex-
lample of the legislatures in other states.
and by surprise thrust out the state OF
Maryland. from the Union. ii It was the
rght of the government Of. this county
IL would have been faithless to its trust il
it had failed to exercise that right-to ex-
ercise The despotic power recognised By
the constitntion-spa part of the government
lin which we live, one of the n0blest and
best features of that gOverrment-it was
the right of that government, say, TO an
ticipaIe the disturbing element of thA
legislature, and by the dispersion or arres'
of it's members save the people OF Mary
land from the consequences Of their action
lfAppIause.l This act was approved o.
I men of all parties IS you knoW-by TN
wise men of all psrties-for the reason
have stated. 20 go, 80
Not to trespass upon your attention
with longer remarks upon this Parueuia
point, which, may say here are IN