Year: 1862

ton necessary to render 1t a faliure.-
Would any man doubt that this was, if


done knowingly and wickediy, giving aid
to the rebellion2 Would it not under


such circumstances be the dftv OF the
President or his military agents or officers
/ to arrest such editor and suppress such


newspaper, with artillery, If it could not


otherwise be suppressed. Yet this ad-
dress says, without any qualification what


ever, I'VE deny the potoer of the executive


to trammel the freedom of the press BY
| the suppression of newspapers, &c
The error of this part Of tho address is


that 1t IS not directed against on improper
exercise Of the power, but denies the


power, IN even proper and absolutely


necessary case, to arrest q spy in free
State, or prevent newspaper giving infor-


nation to the enemy that viii render a


campaign aborat:ye. This eere-iou5 err


ror is the more to be reprehended, that it


was penncd and endorsed by an eminent
lawyer who we'll knew the broad distinc-
ton between the existence Of a power, and
| the improper exercise Of it in "a given in
stance


Manifestly the character of the offence


must determine whether it be amenable to


military punishment, and not the place or
State where it was committed. If sci
der from the rebel army is really a spy, it
can make no difference with the mode and
extent of his arrest and punishment wheth
er the field Of labor assigned him by his
commander be on the north or south side
| Of the Ohio, at New Orleans or New / ork
If the act complained of be in its charac
ter military offence, then it merits and
must receive the speedy award of military
law. The arresting of spies, by warrants
from the courts, would be good joke in
deed Somewhere in Burkes works he
ridicules the Chief Justice Of India, by


representing that he tried TO suppress a


rebellion with afidavits. Mr. Ryan must
have risen from q recent reading Of


Burke IS works, when he penned this part
of the address 1t is unnecessary to speak
Of particular instances of the exercise of
this power to arrest, and to suppress news
papers, or to express any opinion as to
the propriety or inpropriety of its exercise
in particular cases, because this is not
discussed in the address, The subject Of
discussion is the power itself; and not
whether it has been improperly exercised
No power was ever lodged with any hu
man being that might be mistakenly exer-
eised but this is no argument against the
existence of the power.


And every lawyer knows that wherever
power is lodged there also rests with 1t


the right to judge whether the proper case
| is presented for its exercise this is nbso-
| lutely necessary TO the utility of the pow
er. The President and his military sub
| ordinates must therefore judge, answera-
| BILE TO public opinion and on their con
| sciences to their God, whether the proper


case exists to make q military arrest to


batter down fort, or blow up newspa-


per The President must Judge Of the


conduct of men, and Of the character Of


the publications, and say whether they


are OF a class to be proceeded against in the
courts, or with bayonets The resident
| for instance, must Judge Of the character
/ of Mr.. Ryan address, and of this criticism
of it, and If in his opinion either are cal
| culGtcd to spread dissensions IN xhe North


to such extent as to render present aid to


the military operations of the South, no is


as clearly authorized to deal \ ith the au-
thor, as he would be TO deal with him for


any other act that directly aided the rebel


campaign OF arms. If paper enbodies
| abstract doctrines merely erroneous, but
which cannot contribute directly or pres


emily to aid the military operations of the


enemy; but are, like the address, only cal


culated and intended to secure for its au
| thor favorable political consideration on
! the part of southern politicians after the


war IS ended, then suppose the author
| should not be arrested without q warrant
from the courts; but if the paper contain
| ed information or sentiments directly and
presently calculated to strengthen the reb
| el and paralyze the loyal arms, in the
| field OF battle, then the author should be
arrested. The President must of course
/ Judge in any given instance to which class
! publication belongs and treat it accord
/ ingly We can conceive that in a critical
| point Of d campaign, the mere announce


ment ON q certain day in Il New York pa
| per, that ten Regiments from New Eng
| land had landed in New York that morn
| ing, might give the enemy information
upon which he would either fight or de-
| cline to fight at q particular time or place
/ and thus enable the enemy To win q victo-
~ over US, or prevent Us from winning


one over him And this publication, if


made for this purpose, would render the
| editor as guilty of treason, as though he
| had contributed with his musket TO help
| the rebel army to gain victory or avoid
| q defeat. The prosecution Of a campaign
| requires q great variety of efforts 70 en-
sure its success. Some must fight in the
| field, some must take care provisions and
| ar1muiticn are furnished tc those who do
1
obtain and transmit military information.
| It is inmaterial which one Of these nee


essary branches Of military service man


is found performing, he is equally render
| ing present aid to the military operations
| of the enemy, and Is equally subject to
summary arrest and military trial and
punishment


| There are many other equally found
! ed and erroneous statements in this adj
/ dress, affirmed with confidence that may
we'll make man who reads it wonder
whether he is dreaming or listening to a
| burlesque upon patr lotism and democracy; !;
but these few things may serve to illus
| trate the balance.


There are some occasional and shining
1 truths, that half redeem the address such
| for instance as Unfortunately,


among many elements of good and great


ness, .taaaticism emigrated to THIS c0n7t-


try If any one doubts It, let him READ
! the address And in considering i, It is


a consolatory and conclusive evidence tlas
| the democrats OF Wisconsin are sound ana
loyal, that 20 where You will IN TINS cry
| since It's publication you hear 1t SPOKEN
| of only in terms Of un1neasured dehnhci
! alton.


While a man opinions are kept to him