Year: 1864

left destitute and tatherlesS, would do
more for the cause of constitutional liber-
81 ssAaxsc cUaiS de matchieSS eldquence Of
- Burke or a Patrick Henry. The very
prison walls would raise their voice
against the despotic deed. There is no
eloquence like the eloquence which comes
from the dark dungeon, whose deep and
awful silence is only broken by the dismal
clanking Of the patriots chains.


l concede that by the unbridled use of
military power you may for time hush
the audible murmurings Of a complaining
people, but the tyrant has never yet
learned the art Of forging letters for the
immortal spirit of liberty.


The fiery spirit of discontented and
downtrodden people, burning with hid
den but constantly increasing fury, all the
more terrible for being circumscribed and
fed with additional fuel in the shape Of
new wrongs, will sooner or later burs:
forth with power which nothing can
withstand.


Why, sirs, nearly three years ago, the
military authorities inaugurated through
out the North and Northwest the odious
and tyrannical policy of arresting, i'm
prisoning ard exiing citizens for exercis-
ing their CONSTITUTE onal rights of free
speech, and for time the voice of patriot
ism was hushed into silence. And what
has been the fruit of that policyy


Why, sir, more than twelve months
ago, it'required General Dix with 10000
troops from the regular army to check the
uprising of the people in the single city
of New York, and now that the telegraph
brings US the startling news that in the
Northwest there are five hundred thou
sand men banded together for the pur-
pose Of overthrowing the Federal authori-
ty that Vallandigham has refused to re-
main in exile-has returned to his old
home, where he stands shaking his fists
defiantly in the very teeth Of the Presi-
dent. Whether ii is through returning
sense Of justice, or through sense OF
fear which actuates the President, in al
lowing Vallandigham that liberty which
was once denied him, | shall not now un-
,dertake to decide. But if it is q sense of
fear, then submit in all candor, if it
would not have been better, far better
never to have placed himself in so humil-
iating position before the country and
to the world, as to have inaugurated a
policy towards its own citizens, which he
dare not now attempt to carry out. But
on the other hand, if as would gladly
believe, it is returning sense of justice
which has induced the President to allow
Vallandigham and others the liberty ol
cnoooh opJ of loooD,ot;oo Iat hin, ovtouI
the same privileges to US in California -
They are privileges most dear and sacred
to US, "and dangerous to tyrants only"


read few days ago in an Eastern
correspondence Of the most loyal OF al
newspapers, the San Francisco Flag, ;
statement to the effect that California wa,
by far the most loyal State in the Union
Well, why is it so? Twill tell you. Herr
we have felt less the crushing weight o
arbitrary military power than they have
elsewhere. Gen. Wright having beer
long in the country, understood and ap'
preciated the spirit and temper of ouI
people, and with few exceptions, he
displayed the good sense and manly NOR.
al courage, to turn deaf ear to the pois
OlOuS IuulNul anu lDSuuC GOuuSGlo vi
atical advisers. Let his successor follow
his example, by leaving real or supposed
offenders to the legal tribunals, and le
the arm of military power be raised only
in aid Of law, and not for its violation, ,aDC
all will be well. Where, let me ask, i.
the necessity of introducing an arbitrary
rule in this State. Did ever any govern
ment 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 thou
sand miles away from the scene Of actua
war, in what is claimed to be one Of the
most loyal of all the States. Your Court.
both State and Federal, are constantly il
session. If any one violate the laws wha
is there to prevent his arrest, his trial hi!
conviction, and his punishment according
to law? Onerous, unjust, and oppressive
as many Of our statutes are, there is nc
disposition on the part ofany class of oul
citizens to resist their due execution
they only ask to be allowed the use oi
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 demand it as just
right-a right which no freeman can ever
voluntarily surrender but with his life
a right which neither the President of the
United States, nor any other officer can
deny to the humblest citizen, without q
criminal violation of law and gross usur.
patton of power, and this proposition is
so palpable that no lawyer, whatever his
politics may be, who rises above the dig
nifty of the merest pettifogger, would at
tempt to deny it.


But to prove to you the unlawfulness Of
those acts Of military arrest, let me read
to you what Fessenden, of Maine, the
present Secretary of the Treasury, and
one of the most eminent lawyers belong
ing to the Republican party, says upon
that subject. In 1862, Senator Trumbull,
of Illinois, introduced into the Senate
of the United States resolution call.
ing for information in regard to certain
alleged illegal arrests made under the Or
der of the Secretary of State, and upon
that resolution Senator Fessenden made
use of the following among other remarks:


81 have no question, indeed, know
that 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 thatT do not
believe there is the slightest warrant of
law for any such proceeding, and l do not
think you will find lawyer in the coun-
try who does think there is any warrant
of law for such proceeding; and yet l
do not shrink from it, Justify tho act al
though it is against the law"


l have read this passage from Mr.. FeS-
senden's speech for the two.fold purpose
of proving to you, first, that no good law