Bradford reporter. [volume] (Towanda, Pa.) 1844-1884, 1864-12-22
VOLUME XIV.

| raise suspicion; ; ana, IN eltller case, IL was
the folly of the criminal at least, as much
as it was of the man in authority, which
forced the confinement. Besides, circum-
stances may augment, or diminish, the
criminality of words and acts. If, in the
midst of a mob, ,aman uses severe language
against the authority which arrests the
| rioters, or III any way interferes with their
imprisonment, he subjects himself to sus-
picion as a party to the crime, and may be
! legally confined Yet, no notice need, or
would be taken of his conduct, in time of
! quiet So too, a man may say with impu-
nifty that he will kill another who is known
! to be far away but, if he says this of one
present he can be bound over and impris-
oKed 1t is therefore, the imperiled condit-
/ ion of the country, which aggravates the
! criminality Of those, who, in our midst,
raise voice and hands against it. | grant
| you, that if arrests such as you complain
/ of, by implication, were made i'll time of
profound peace, that it would be alarming {;
! but being made at a time when rebels are
! striking deadly blows at the vitals of the
nation say it is right and the wrong is,
/ that more are not immersed i'll dungeons un-
/ til the country is free from danger. What,
! when we need men to defend the govern
mcnt, allow others to run at large, who call
our war a self-defence, villainOps war, the
public authorities tyrants and usurpers-
thereby hindering enlistments-who give
aid to the enemy by underground railroads,
who organize secretly, and procure large
supplies of war materials, with which to re-
| siSt the execution of the laws-what, | re-
peat, allow such criminals to the nation, to
go at large This would be simply, stupid
I folly. \ man would be pronounced sim
pleton, by common consent, who should,
when a desperate was about to blow up
his dwelling, with himself and family in it,
90 a number of miles to take out a warrant
for his arrest, instead of giving him dose
of powder and ball at the instant. So with
our country. There is no time to parley
with criminals. And | contend too, that in
making arrests, shooting deserters, or sup
pressing newspapers that are engaged for
the enemy, no violence is done to the con-
stitution, even if the habcas corpus, and
trial by jury are withheld, in this time of
peril If there is, it is not such an instru-
ment as we need, and therefore, not worth
preserving. \ government whose organic
law does not allow it to defend itself, is like
a house built on the sand.
You quote from the great Webster. | am
glad of it. He is our very best cOnstitu-
tional authority and how does he make
that instrument for times of peace, for
times Of war, and for all time ?" By as
suming that implied powers accompany its
expressed ones Hear what he says, "When
the constitution contcrs a general power, it
imposes general duty; all other powers
necessary for the exercise of that general
power and for fulfilling that duty, are I'M
pijed so far as there is no prohibition. We
act every day upon this principle, and
could nat curry on the government without
its aid" Truly, under this Interpretation
the constitution is sufficient for times of
peace, for times of war, and for all time"
But the position Of the present democratic
party stands in strange contrast with its
position III 1910 up to 1914, on the subject
Of arbitrary arrests. At the first named
period, the notorious eXpunging resolutions
were introduced into the [. s Senate and
every democratic leader, and democratic
newspaper in the country favored that
measure, and justified General Jackson's
conduct at New Orleans Yet no arrests
have taken place in this country of so flag
rant a character In that case, after Gen
cral Jackson had received a circular from
the Postmaster General announcing peace,
he sill continued martial law at New Or
leans, although all necessity of it had ceas-
ed ; and when Mr. Louallier, member
Of the Legislature, animadverted on this
fact, over a fictitious signature in one of
the newspapers, he was arrested by order
General jackson, and committed to prison,
to be tried by military court for his life.
al, E i
Judge Hall Of the |. : District Court and
sent him out of the city, for granting to the
prisoner, Louallier, a writ of habcas corpus
The District Attorney then applied to a
State Judge for a writ Of habeas corpus to
release Judge Hall, and he too,wa impris-
oned Remember, this was done after
peace ras declared. And this conduct, twen-
ty years ago, the democratic party not only
justified but caused. Have you not fallen
into strange paths, now that you condemn
so heartily acts Of this description which
have not tithc of the violence that char
acteriscd the case referred to ? Look to it,
and see whether it is not partizan zeal, and
not love Of country, which prompts these
bursts of Indignation over arbitrary arrests.
This seems probable, since Gen Mcclellan
ordered the arrest of the Legislature of
Maryland, but you make no complaint of
that act and it is Legitimate to infer there
tore, that if all the arbitrary arrests of
which your party complain had been made
by this General, or any other partizan fa-
vorite, you would laud instead of condemn
the acts.
In your reference to other republics, par
ticularly to that of Rome, you have group
ed together facts and results of history,
which Indicate great forgetfulness or su-
perlcial reading. " Let me ask" you say, If
history furnishes the instance Of a free
people rcsigniHg their liberties under a
plea of necessity, and resuming them again
at pleasure" My answer is, yes, there are
many instances of this kind Rome made
one man dictator three different times, un.
der pressing necessities, and at the end of
each, again assumed her liberties and
then remained a republic over four hundred
years afterwards, in the meantime having.
given many others plenary powers. Pretty
well for the Ediles, the Pretors, the Tribunes
and COnsuls of Rome. Surely, if President
Lincoln is the first dictator, we will have a
good long run of it yet, before we lose our
/ liberties. lfLincoln represents Caesar, who
DerSOniins MariuS and SvIIa who altarna To-