The Placer herald., 1864-08-20

of law, and not for its violation, and all will
be well. Where, let me ask, is the neces.
sitv of Introducing an arbitrary rule in this
State! Did ever any government, except
the most arbitrary despotism, employ military
power against its own citizens, save for the
purpose of putting down resistance TO the
enforcement of its laws? And tell me, what
laws have been resisted here? Here we are
three thousand miles away from the scenes
of actual war, in what is claimed to be- one
of the most loyal of all the States. Your
Courts, both State and Federal, are CONSTANT
| y in session If any one violate the laws
what is there TO prevent his arrest, his trial !,
his conviction, and his punishment according
to law! Onerous, unjust, and oppressive AS
many Of our statutes are, there is no dsposi-
ton on the part Of any class of our citizens
to resist their due execution; they ouly ask
to be allowed the use of their Constitutional
means of remedying the evil--namely, free
speech. free press, and free suffrage. This
much they do not ask AS a favor, but de-
mand it as a just rght-a right which no
freeman can ever voluntary surrender but
with his Iife-a right which neither the
President of the United States, nor any other
officer can deny to the humblest citizen,
without criminal violation of law and a
gross usurpation of power, and this proposi
ton is so palpable that no lawyer, whatever
his politics may be, who rises above the
dignity of the merest pettifogger, would at
tempt to deny it.
But to prove to you the unlawfulness Of
those acts of military arrest, lie. me read to
you what Fessenden, Of Maine the present
Secretary of the Treasury. and one Of the
most eminent lawyers belonging to the Re
publican party. says upon that subject. In
1862, Senator Trumbul, of Illinois, intro
ducea into the Senate Of the United States a
resolution calling for information in regard
to certain alleged illegal arrests made under
the order of the Secretary of State, and
upon that resolution Senator Fessenden made
use Of the following among other remarks:
II have no question: indeed | know th,t under
the directions OF the Secretary Of State certain
individuals in the loyal States have been arrested
and imprisoned. That is notorious, the whole
country is aware OF it. will say here that | do
not believe there is the ghtest warrant Of law
for any such proceeding, and | do not think
you will find Il lawyer in the country who does
think there is any warrant OF law for such pro-
ccedng; and yet do not shrink from it, justify
have read this passage from Mr.. Fessen'
den's speech for the two fold purpose of
proving to you filst that no good lawyer
would pretend that the military arrest and
incarceration of a civilian, such as we have
witnessed in the case of Charles l.. Weller,
was not a violation of law.
And, secondly, for the purpose Of show
ing that the men now in power, although
sworn to support the Constitution of the
United States, are aiming to overthrow that
Constitution and to plant an absolute des.
polism upon its ruins.
If you doub, it, look at the manner in
which the last elections were carried on at
the point of the bayonet, both in Kentucky
and Maryland. Look at the Presidents am,
nesty proclamation, whereby he sought to
establish the principle that would authorize
one.tenth part of the people to govern the
other nine-tenths.
And look again at the Northern prisons
which little while ago were filled with the
unfortunate victims of proscri pton for oppo
sing with mani Y courage the startling usur
pations of the President. Each successive
outrage upon the rights and liberties of the
people, tamely submitted to, only embolden
the friends and advocates of tyranny.
Why, sir, hold in my hand copy of
what claims to be the peculiar organ Of A bra.
ham Lincoln, published in this city on the
following morning after the arrest Of G. l..
Weller, and the leading editorial for that
morning begins with the following caption:
"lhe disadvantages of freedom" and the
whole article is devoted to proving the great
superiority of despoism over free govern
ment.
But will read:
at is 4 great mistake to suppose that free in
stiiutiOns are under all circumstances and for all
purposes. superior to arbitrary ones. Even des
potlsm has its advantages. and Freedom has its
drawbacks Republican institutions do not in all
cxgcncics exhibit the efficiency and energy Of
strong governments In fact it is OF the
lessons OF experience that the people who resolve
to enjoy the blessings OF free lom must be con-
tent to iorego some OF those advantages which
arc Inconsistent with it. Absolute government
can act with promplude and energy that no
free government can rival. A nation governed
by 4 despot can act as one man. and is never en-
barrassed by an opposition In England there
was an opposition to the government III l1I6, III
the war for the suhusation o the American col
oncs In the United States there was an oppos
TO the war Of 1872. Burke and Chatham and
Townsend spoke out in the British Parliament
against the policy OF their government in cndca
voring to dragoon the colonies into submission"
And, pray, what should have been done
with Burke, and Chatham, and Townsend,
for speaking out against the policy OF their
government in attempting to dragoon the
colonies Why, sir, if Mr.. Lincoln had been
George the Third and the Flag man had
been the editor Of London newspaper, With
Titus Oates for a local reporter; and if Nc
DoweIl had been Major General of the De
partment Of the Thames, then Burke and
Chatham and Townsend would probably have
found lodgings in London Tower until the
glorious news of American Independence
Taught England and the world how little are
all the efforts oftyrans to crush brave peo-
pie resolved to be free.
R.,t FL is ctil truo 10 LiS nrip