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You are a lawyer and a Justice of the Peace, and of course know what constitutes cause for arrest. Now did you as a lawyer and a sworn conservator of law, at the time of making this arrest, feel yourself justified in doing the same in view of your sworn obligations as a lawyer and a Justice of the Peace ?
Answer—I do not believe it was good cause for arrest under our statute; but what constitutes a good cause of arrest by military authority I do not know.
Question by Mr. BROWN
Was not General Wallace, at the date of this arrest, in command at the city of Cincinnati, and did you not know that he had no jurisdiction, in any respect or for any purpose, over the soil of Indiana ?
Answer—I believe Wallace was in command at Cincinnati at the time. I know nothing of the extent of his jurisdiction,
Question by Mr. BROWN
Did you not know that there was no such office or officer as Deputy Major General ? ..
Answer-I never thought any thing about it at the time of the arrest. My understanding now is that there is no such office or officer.
Question by Mr. BROWN
Then you admit that in making the arrest you did so without legal or military authority, and that the “order," so termed, was a sham, and you had no right whatever to make said arrest?
Answer—My impression now is that the arrest was unauthorized, though I did not think so at the time, and I acted in good faith.
Question by Mr. Brown-
JOHN R. MITCHELL.
• The Minority of the Committee on Arbitrary Arrests beg leave to make the following report, accompanied with the evidence and Majority Report of said Committee, together with the resolutions of this House on that subject, passed by a strict party vote.
We respectfully dissent from the Majority Report of said Committee, nor can we agree with them in admitting, for one moment, that the arrests complained of in this State were arbitrary, unjust, and illegal, or that they were subversive of the Constitution of the United States or of this State, or dangerous to the liberties of the people; but, upon the contrary, they were strictly made for the protection of the Government-to sustain the rights and privileges of the true and loyal citizens of the nation, and to aid those in authority in crushing out the rebellion and restoring the Union.
As a matter of history, it is well known to the American people that President Lincoln, in the strict line of his constitutional duty, some time last fall published an order in relation to those disloyal practices which were calculated to weaken the arm of the Government and give aid and comfort to the enemy.
Every reading and thinking man well knows the condition of the country at the time that order was published. Our enemies (the rebels) outnumbered us in the field; our army for the restoration of the Union had been greatly thinned by disease and death. We had been virtually repulsed in the seven days' fight before Richmond; we had met with disaster in Kentucky and at other points, and General Buell was after General Bragg's rebel army. The free States were threatened by the invading rebel foe-every thing looked dark and gloomy; for a time the people were in awful suspense as to the fate of the nation and the safety of the heroic band of Union soldiers, who were battling against disease and the armed rebels of the country.
At this time a quick and bold move had to be made by the Commander-in-Chief of the nation, or all would be lost, and that soon
—the soldiers in the field would perish with the overthrow of the Government. President Lincoln, with an honest purpose to fulfill his duty, and his whole constitutional duty to the country under his solemn oath of office, as President of the United States, came at once to the rescue by calling out three hundred thousand additional troops; and hearing the low mutterings of treason and of treasonable acts and conduct by those who were disloyal to their Government in many of the loyal States North, he sent forth his order, alluded to, to hush for ever, if possible, that treason which was fast:sapping the very vitals and life's blood of the nation.
The President did nothing but his duty under the Constitution. Had he acted differently, he would have been recreant to his high trusts; and had he failed to adopt proper measures for the saving of the soldiers then in the field, and had they perished by his neglect and the Union lost, mankind would have pronounced him even worse than a Buchanan-a fit associate of the traitors Arnold, Burr and Jeff. Davis. He did his duty, and loyal men had nothing to fear, as his orders making the arrests and the suspending of the writ of habeas corpus were not intended for them. The loyal are just as safe as they ever were in times of the most profound peace, having a clear conscience, sleep soundly, being at no time in danger unless at the hands of the enemies of the country. Had all in the free States been of this class, and had loyalty been universal over the land, no such orders would have been necessary. But these orders and proclamations of the President are terrible things to traitors, and those who speak and sympathize with them.
The God of Heaven and the Constitution of the United States never gave any citizen the right to say, do, and speak whatever he pleased, without reference to whether it was right or wrong. That Constitution protects the right and punishes the wrong. A man may say all he pleases of his neighbor or his Government, provided he pleases to. This is the light in which the immortal Jackson and the great Democratic party of the country viewed this subject in years past.
General Jackson, being a Major General, subordinate to the President of the United States, after he fought his great battle at New Orleans, made some arbitrary arrests of Louisiana legislators, and among the rest a certain Judge Hall, of the United States Court, some for publications used toward himself as commander,