Year: 1863

cial injunction shall issne without notice
shall have been given to the parties to be af-
fected by that Injunction, of the time and
place, when and where that Injunction is to
be moved for, and it was for the reason that
the exigency was so great that the notice
could not be properly given without the or
der was issued last uight.


Judge Davis, my associate on the bonch
AMI Judge of the Supreme Court is now
holding court in Springfield. should desire
very much that the application should be
made to him it can be made to him. Ho
can hear it at Springfield, and may be will
ling to hear it there. 1t is possible that ho
may be able and willing to come here No
thing would afford me greater pleasure than
to have him DO so, or that we should both
sit to hear and deter mine the case as far as
the civil power can do SO. do not know
whether he will be willing and able to do so;
all that can say to you is to express the
utmost readiness to act in any way that lies
in my power, and allow free opportunity TO
participate in the discussion and if he is not
able to como, and is willing, and the parties
choose to come here before the court and
state the suit, why the court must hear it.
These parties have the same rights as any
other parties, and il is not optional on the
part of the court to hear arguments j, tho
case. Whether the bill is properly fled
whether it contains proper allegations calling
the interposiion of the court, why this is "a
matter to be determined on proper hear
ing. / can assure the counsel on both sides
that it is painful matter personally, to tho
Judge now sitting here. | may be permitted
to say, or may be pardoned for saying, that
personally / desire, and officially also de.
sire to give every aid and assistance in my
power to the government and to the admin
istration in restoring the Union, in cementing
once more that bond which united US to-
gether. But have always desired, have al
way wished 10 treat the government as
government of law and a government of the
constitution, and not a government of nero
physical force Loud cheers from every
part of the roon.l trust there will be no
interruption of tho court. personally have
contended, and shall always contend, for the
right of free discussion, and tho right OF
commenting, under the law and under the
constitution, upon the acts of the officers of
the government. | claimed in speech, or
an address, which once made before the
people Of this city, that 1 believed in that
right because | thought the constitution AMI
the laws guaranteed that right.


AS an officer of that government will
seek to maintain that government, but | be
lievo that the constitution and laws furnish
ample means-ample means to suppress this
rebellion | believe that the military author
tiles act under the laws, under tho constitu-
ton. also believe that when there are mil
itary operations going on when there are
armies in the field in hostile array, in battle,
in movement, then the civil authority ceases.


A II. Il L..
in the law of war. But the armies of the
United States, the President of the United
States, the Major Generals of the United
States, act under the authority of law, and
the military law is Just as much under tho
constitution and under the law as is the civil
law, precisely.


the counsel who have made this application
to me, might ascertain, as they can easily by
telegl aph, whether Judge Davis will enter.
tain this application, either aloneo connected
with me. | will say one word further -
That while there may be considerable feel.
ING created by an act of this kind, still We
must rccollect that nothing is ever gained by
violence. '


These parties have appealed to the court,
and the court, so far az it is able To do SO.
will determine the rights of property. 1
trust that there will nothing occur in this
community which will show want of conf
dcnce in the civil tribunals of the country
1t is desirable that we should know whether
we live under government of law or under
government simply of force. AS have al.
ready said, believe that wo live under
government of law, and l trust that every
citizen Of this community also rests under
the same belief, and that all, each ono for
himself, will remember that we 1.-Two under
government Of law.