The Works of Robert G. Ingersoll, Complete Contents...

* Hon. Robert G. Ingersoll, Attorney-General of Illinois, spoke at the Rink last night to a large and appreciative audience among whom were many ladies. The distinguished speaker was escorted to the Rink by the battalion of the Fighting Boys in Blue. Col. Ingersoll spoke at a great disadvantage in having so large a hall to fill, but he has a splendid voice and so overcame the difficulty. The audience liberally applauded the numerous passages of eloquence and humor in Col. Ingersoll's speeeh, and listened with the best attention to his powerful argument, nor could they have done otherwise, for the speaker has a national reputation and did himself full justice last night—The Journal, Indianapolis, Indiana, September 23, 1868.

THE Democratic party, so-called, have several charges which they make against the Republican party. They give us a variety of reasons why the Republican party should no longer be entrusted with the control of this country. Among other reasons they say that the Republican party during the war was guilty of arresting citizens without due process of law—that we arrested Democrats and put them in jail without indictment, in Lincoln bastiles, without making an affidavit before a Justice of the Peace—that on some occasions we suspended the writ of habeas corpus, that we put some Democrats in jail without their being indicted. I am sorry we did not put more. I admit we arrested some of them without an affidavit filed before a Justice of the Peace. I sincerely regret that we did not arrest more. I admit that for a few hours on one or two occasions we interfered with the freedom of the press; I sincerely regret that the Government allowed a sheet to exist that did not talk on the side of this Government.

It is only proper and fair that we should answer these charges. Unless the Republican party can show that they did these things either according to the strict letter of law, according to the highest precedent, or from the necessity of the case, then we must admit that our party did wrong. You know as well as I that every Democratic orator talks about the fathers, about Washington and Jackson, Madison, Jefferson, and many others; they tell us about the good old times when politicians were pure, when you could get justice in the courts, when Congress was honest, when the political parties differed, and differed kindly and honestly; and they are shedding crocodile tears day after day—praying that the good old honest times might return again. They tell you that the members of this radical party are nothing like the men of the Revolution. Let us see.

I lay this down as a proposition, that we had a right to do anything to preserve this Government that our fathers had a right to do to found it. If they had a right to put Tories in jail, to suspend the writ of habeas corpus, and on some occasions corpus, in order to found this Government, we had a right to put rebels and Democrats in jail and to suspend the writ of habeas corpus in order to preserve the Government they thus formed. If they had a right to interfere with the freedom of the press in order that liberty might be planted upon this soil, we had a right to do the same thing to prevent the tree from being destroyed. In a word, we had a right to do anything to preserve this Government which they had a right to do to found it.

Did our fathers arrest Tories without writs, without indictments—did they interfere with the personal rights of Tories in the name of liberty—did they have Washington bastiles, did they have Jefferson jails—did they have dungeons in the time of the Revolution in which they put men that dared talk against this country and the liberties of the colonies? I propose to show that they did—that where we imprisoned one they imprisoned a hundred—that where we interfered with personal liberty once they did it a hundred times—that they carried on a war that was a war—that they knew that when an appeal was made to force that was the end of law—that they did not attempt to gain their liberties through a Justice of the Peace or through a Grand Jury; that they appealed to force and the God of battles, and that any man who sought their protection and at the same time was against them and their cause they took by the nape of the neck and put in jail, where he ought to have been.

The old Continental Congress in 1774 and 1776 had made up their minds that we ought to have something like liberty in these colonies, and the first step they took toward securing that end was to provide for the selection of a committee in every county and township, with a view to examining and finding out how the people stood touching the liberty of the colonies, and if they found a man that was not in favor of it, the people would not have anything to do with him politically, religiously, or socially. That was the first step they took, and a very sensible step it was.

Resolved. That it be recommended to the several provincial assemblies or conventions or councils, or committees of safety, to arrest and secure every person in their respective colonies whose going at large, may, in their opinion, endanger the safety of the colony or the liberties of America.—Journal of Congress, vol. 1, page 149.

What was the Committee of Safety? Was it a Justice of the Peace? No. Was it a Grand Jury? No. It was simply a committee of five or seven persons, more or less, appointed to watch over the town or county and see that these Tories were attending to their business and not interfering with the rights of the colonies. Whom were they to thus arrest and secure? Every man that had committed murder—that had taken up arms against America, or voted the Democratic or Tory ticket? No. "Every person whose going at large might in their opinion, endanger the safety of the colony or the liberties of America." It was not necessary that they had committed any overt act, but if in the opinion of this council of safety, it was dangerous to let them run at large they were locked up. Suppose that we had done that during the last war? You would have had to build several new jails in this county. What a howl would have gone up all over this State if we had attempted such a thing as that, and yet we had a perfect right to do anything to preserve our liberties, which our fathers had a right to do to obtain them.

Resolved. That it be recommended to the Executive powers of the several States, forthwith to apprehend and secure all persons who have in their general conduct and conversation evinced a disposition inimical to the cause of America, and that the persons so seized be confined in such places and treated in such manner as shall be consistent with their several characters and security of their persons.—-Journal of Congress, vol. 2, p. 246.

If they had talked as the Democrats talked during the late war—if they had called the soldiers, "Washington hirelings," and if when they allowed a few negroes to help them fight, had branded the struggle for liberty as an abolition war, they would be "apprehended and confined in such places and treated in such manner as was consistent with their characters and security of their persons," and yet all they did was to show a disposition inimical to the independence of America. If we had pursued a policy like that during the late war, nine out of ten of the members of the Democratic party would have been in jail—there would not have been jails and prisons enough on the face of the whole earth to hold them. .

Whereas, The States of Pennsylvania and Delaware are threatened with an immediate invasion from a powerful army, who have already landed at the head of Chesapeake Bay; and whereas, The principles of sound policy and self-preservation require that persons who may be reasonably suspected of aiding or abetting the cause of the enemy may be prevented from pursuing measures injurious to the general weal,

Resolved, That the executive authorities of the States of Pennsylvania and Delaware be requested to cause all persons within their respective States, notoriously disaffected, to be apprehended, disarmed and secured until such time as the respective States think they may be released without injury to the common cause.—-Journal of Congress, vol. 2, p. 240.

That is what they did with them. When there was an invasion threatened the good State of Indiana, if we had said we will imprison all men who by their conduct and conversation show that they are inimical to our cause, we would have been obliged to import jails and corral Democrats as we did mules in the army. Our fathers knew that the flag was never intended to protect any man who wanted to assail it.

What more did they do? There was a man by the name of David Franks, who wrote a letter and wanted to send it to England. In that letter he gave it as his opinion that the colonies were becoming disheartened and sick of the war. The heroic and chivalric fathers of the Revolution violated the mails, took the aforesaid letter and then they took the aforesaid David Franks by the collar and put him in jail. Then they passed a resolution in Congress that inasmuch as the said letter showed a disposition inimical to the liberties of the United States, Major General Arnold be requested to cause the said David Franks to be forthwith arrested, put in jail and confined till the further order of Congress. (Jour. Cong., vol. 3, p. 96 and 97.)

How many Democrats wrote letters during the war declaring that the North never could conquer the South? How many wrote letters to the soldiers in the army telling them to shed no more fraternal blood in that suicidal and unchristian war? It would have taken all the provost marshals in the United States to arrest the Democrats in Indiana who were guilty of that offence. And yet they are talking about our fathers being such good men, while they are cursing us fordoing precisely what they did, only to a less extent than they did.

With respect to all such unworthy Americans as, regardless of their duty to their Creator, their country, and their posterity, have taken part with our oppressors, and, influenced by the hope or possession of ignominious rewards, strive to recommend themselves to the bounty of the administration by misrepresenting and traducing the conduct and principles of the friends of American liberty, and opposing every measure formed for its preservation and security,

Resolved, That it be recommended to the different assemblies, conventions and committees or councils of safety in the United Colonies, by the most speedy and effectual measures, to frustrate the mischievous machinations and restrain the wicked practices of these men. And it is the opinion of this Congress that they ought to be disarmed and the more dangerous among them either kept in safe custody or bound with sufficient sureties for their good behavior.

Resolved, That they be authorized to call to their aid whatever Continental troops stationed in or near their respective colonies that may be conveniently spared from their more immediate duties, and commanding officers of such troops are hereby directed to afford the said assemblies, conventions, committees or councils of safety, all such assistance in executing this resolution as they may require, and which, consistent with the good of the service, may be supplied—Journal of Congress, vol. i, p. 22,

Do you hear that, Democrat? The old Continental Congress said to these committees and councils of safety: "Whenever you want to arrest any of these scoundrels, call on the Continental troops." And General Washington, the commander-in-chief of the army, and the officers under him, were directed to aid in the enforcement of all the measures adopted with reference to disaffected and dangerous persons. And what had these persons done? Simply shown by their conversation, and letters directed to their friends, that they were opposed to the cause of American liberty. They did not even spare the Governors of States. They were not appalled by any official position that a Tory might hold. They simply said, "If you are not in favor of American liberty, we will put you 'where the dogs won't bite you.'" One of these men was Governor Eden of Maryland. Congress passed a resolution requesting the Council of Safety of Maryland to seize and secure his person and papers, and send such of them as related to the American dispute to Congress without delay. At the same time the person and papers of another man, one Alexander Ross, were seized in the same manner. Ross was put in jail, and his papers transmitted to Congress.

There was a fellow by the name of Parke and another by the name of Morton, who presumed to undertake a journey from Philadelphia to New York without getting a pass. Congress ordered them to be arrested and imprisoned until further orders. They did not wait to have an affidavit filed before a Justice of the Peace. They took them by force and put them in jail, and that was the end of it. So much for the policy of the fathers, in regard to arbitrary arrests.

They held a convention in the State of New York in Revolutionary times, and there were some gentlemen in Queens County that were playing the role of Kentucky—they were going to be neutral—they refused to vote to send deputies to the convention—they stood upon their dignity just as Kentucky stood upon hers—a small place to stand on, the Lord knows. What did our fathers do with them? They denounced them as unworthy to be American citizens and hardly fit to live. Here is a resolution adopted by the Continental Congress on the 3d of January, 1776:

Resolved, That all such persons in Queens County aforesaid as voted against sending deputies to the present Convention of New York, and named in a list of delinquents in Queens County, published by the Convention of New York, be put out of the protection of the United Colonies, and that all trade and intercourse with them cease; that none of the inhabitants of that county be permitted to travel or abide in any part of these United Colonies out of their said colony without a certificate from the Convention or Committee of Safety of the Colony of New York, setting forth that such inhabitant is a friend of the American cause, and not of the number of those who voted against sending deputies to the said Convention, and that such of the inhabitants as shall be found out of the said county without such certificate, be apprehended and imprisoned three months.

Resolved, That no attorney or lawyer ought to commence, prosecute or defend any action at law of any kind, for any of the said inhabitants of Queens County, who voted against sending deputies to the Convention as aforesaid, and such attorney or lawyer as shall countenance this revolution, are enemies to the American cause, and shall be treated accordingly.

What had they done? Simply voted against sending delegates to the convention, and yet the fathers not only put them out of the protection of law, but prohibited any lawyer from appearing in their behalf in a court. Democrats, don't you wish we had treated you that way during the war?

What more did they do? They ordered a company of troops from Connecticut, and two or three companies from New Jersey, to go into the State of New York, and take away from every person who had voted against sending deputies to the convention, all his arms, and if anybody refused to give up his arms, they put him in jail. Don't you wish you had lived then, my friend Democrat? Don't you wish you had prosecuted the war as our fathers prosecuted the Revolution?

I now want to show you how far they went in this direction. A man by the name of Sutton, who lived on Long Island, had been going around giving his constitutional opinions upon the war. They had him arrested, and went on to resolve that he should be taken from Philadelphia, pay the cost of transportation himself, be put in jail there, and while in jail should board himself. Wouldn't a Democrat have had a hard scramble for victuals if we had carried out that idea? Just see what outrageous and terrible things the fathers did. And why did they do it? Because they saw that in order to establish the liberties of America it was necessary they should take the Tory by the throat just as it was necessary for us to take rebels by the throat during the late war.

They had paper money in those days—shin-plasters—and some of the Democrats of those times had legal doubts about this paper currency. One of these Democrats, Thomas Harriott, was called before a Committee of Safety of New York, and there convicted of having refused to receive in payment the Continental bills. The committee of New York conceiving that he was a dangerous person, informed the Provincial Congress of the facts in the case, and inquired whether Congress thought he ought to go at large. Upon receipt of this information by Congress an order for the imprisonment of the offender was passed, as follows:

Resolved, That the General Committee of the city of New York be requested and authorized, and are hereby requested and authorized to direct that Thomas Harriott be committed to close jail in this city, there to remain until further orders of this Congress.—Amer. Archives, 4th series, vol. 6, P. i, 344.

And yet all that he had done was to refuse to take Continental money. He had simply given his opinion on the legal tender law, just as the Democrats of Indiana did in regard to greenbacks, and as a few circuit judges decided when they declared the Legal Tender Act unconstitutional. It would have been perfectly proper and right that they, every man of them, should be, like Thomas Harriott, "committed to close jail, there to remain until further orders."

Did our forefathers ever interfere with religion? Yes, they did with a preacher by the name of Daniels, because he would not pray for the American cause. He thought he could coax the Lord to beat us. They said to him, "You pray on our side, sir." He would not do it, and so they put him in jail and gave him work enough to pray himself out, and it took him some time to do it. They interfered with a lack of religion. They believed that a Tory or traitor in the pulpit was no better than anybody else. That is the way I have sometimes felt during the war. I have thought that I would like to see some of those white cravatted gentlemen "snaked" right out of the pulpits where they had dared to utter their treason, and set to playing checkers through a grated window.

It is not possible that our fathers ever interfered with the writ of habeas corpus, is it? Yes sir. Our fathers advocated the doctrine that the good of the people is the supreme law of the land. They also advocated the doctrine that in the midst of armies law falls to the ground; the doctrine that when a country is in war it is to be governed by the laws of war. They thought that laws were made for the protection of good citizens, for the punishment of citizens that were bad, when they were not too bad or too numerous; then they threw the law-book down while they took the cannon and whipped the badness out of them; that is the next step, when the stones you throw, and kind words, and grass have failed. They said, why did we not appeal to law? We did; but it did no good. A large portion of the people were up in arms in defiance of law, and there was only one way to put them down, and that was by force of arms; and whenever an appeal is made to force, that force is governed by the law of war.