The Placer herald., 1864-08-20


Davis, as you are called, there lies your fault
You invoke the Constitution and the laws for
your protection. Great God! what should
we invoke for our protection it not the Con-
stitution and laws of our country? Drive US
from that sanctuary and where shall we take
refuge!
| know Of bu, two modes Of vindcating VIC
lated rlghsthe one is by law the other is bv
force. 1t remains for those in authority to
say which Of these we shall have; we can
never consent to surrender them both. And
that brings me back to the proposition with
which set out, namely, that every blow lev.
eed at the Constitution and laws is blow
in favor of civil war.
And has it come to this, my countrymen?
Shades of Washington and Jefferson, has it
come to this? That here, in once free Amer.
lea, the only criminals thought worthy of
the dungeon and the halter are those who
stand by the Constitution and laws; while
the overthrowers of liberty and the advo.
Gates OF despotism are alone thought worthy
to walk without shackes upon their limbs.
There are few incendarv fanatics among
us, AS destitute of property as of principle,
who have every thing to gain and nothing to
lose, who are daily tanning the fires Of civil,
political and social strife, and all for the
cherished purpose of tanning the flames of
civil war, to the end that they, vullure like,
may fatten upon the charred and bleeding
corpse of their country.
very much regret TO believe that the
poisonous counses of the innanmatory sheet
OF which have spoken find too ready an
access to the ear Of our military authorities
1t is significant fact that both Gen. Chip,
man and Charles L. Weller were singled ont
by that journal as suitable victims for mil.
lary prison but short time before their re-
spective arrests. And believe that it is a
fu lher fact that the affilavils upon which
these arrests were made both emanated from
the ollice of that newspaper
We have truly fellow. .countrymen, fallen
upon periIous times, when an irresponsible le
reporter of one of the most scurrilous and
nllammatory newspapers that ever disgraced
the press, burning, perhaps, with partisan
hatred, can go INTO some private chamber,
make out an ex parte affidavit according to
his own notion, and upon that affidavit pro.
cure the arrest and imprisonment, for an in.
definite period, of an American citizen
There is no trial, no witnesses for the de
lense, no crosS-exanination Of the accuser
no opportunity to impeach or contradict his
testimony
Who can consider himself safe who has an
enemy in the country. either personal or po-
litical, if this is to be the mode Of trying and |
Furnishing those charged with crime' And
pray, what is the apology for all this arb,ra-
ry rule! Why, it is because civil war exists
some three thousand miles from here, away
on the other side Of the continent, and that,
therefore, the Constitution is suspended
Away with all such silly nonsense Consi.
tuition suspended, indeed! Then bv what
authority, tell me, does Abraham LincoIn
hold his office as President Of the United
States? And by what authority does Nc.
Dowell hold his commission as Major Genl.
Of this Department? To deny the force of
the Constitution is to deny their own author
| ity. 1t is never wise on the part Of one in
authority, whether in a civil or military ca
pacily, to ignore the actual state of feeling
among the people over whom he rules.
Were in the confidence Of Gen. Mellow
ell, would go to him, and in all sincerity
would say to him-My dear sir, upon you
devoves heavp responsibility. You are an
officer of the Federal Government, charged
with military jurisdiction over tie Depart
ment Of the Pacific. Your object is, or
ought to be, both to discharge your duty as
an officer and to maintain the public peace
Now you seem to believe that there are
two ways Of dealing with those who are
charged with offenses against the Federal
Government toiwi: Either to turn them
over to the civil courts to be tried according
to the usual form Of law, or to deal with them
summariy according to some military rnIe
Now, sir, there is very large number Of
citizens of these Pacific States and Terrific.
rles-not perhaps a majority, but at least
very large and respectable mnoritv-who
utterly deny your wright to punish any cit-
zen, not serving in the army or navy Of the
United States, without legal trial, accord.
ing to all the forms of law
If you adopt The latter course, many an in.
nocent man must in the very nature of things
fail victim to the malice or i'll grounded
suspicion Of false accusers. And all expert.
ence proves that those who are treated as
enemies, will very soon become so. The op
position to military rule will thus gather
strength, from every new arrest, till there
will not be power enough either in the civil
or military arm of the Government to con-
troll it.
But on the other hand, if you leaee all of>
Tenders to be dealt with by the civil courts,
you will certainly have violated no law, you
will have discharged your whole duty as an
officer, and you will have preserved the peace
of the State
My friends have now discharged what
believe to be a plain and simple du'y, which
| owed to myself, my country and my God.
| am not ignorant oi the perilous task which
he takes upon himself who stands for the
right, against power.
The great Socrates ssid-and it was a part
Of his last speech-that every man who
would generously oppose whole people,