The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1863-08-06
Mr.. LINCoLS's REPLY.
Executive Mansion, Washington, }
T,ro ID 1SEQ

I sOivaDIe INTO two prOpOrLlOn9-uTeL, the expression
Of a purpose to sustain the cause OF the Union, &c
secure peace through victory. and TO support the
/ Administration In every Constitutional and lawful
measure to suppress the rebellion and secondly. a
declaration OF censure upon the Administrative
for supposed demonstrations action, such as the
making of military arrests. And, from the two
propositions, a third is deduced, which is that the
gentlemen composing the meeting are resolved on
doing their part to maintain our common govern
ment and country, despite the folly or wickedness,
as they may conceive, Of any Administration
This position is eminently patriotic, and as such,
l thank the meeting, and congratulate the country
for It, My own purpose is the same so that the
meeting and myself have a common object. and can
have no difference, except in the choice Of means
or measures for effecting that object.
And here | ought to close this paper, and would
close II, II there were n apprehension that more
injurious consequences than any merely personal
To myself might follow the censures Systematically
cast upon me for doing what, in my view of duty,
L could not forbear. The resolutions promise to
support me in every constitutional and lawful
measure TO suppress the rebelliI IN and | have not
knowingly employed, nor shall knowingly employ,
any other But the meeting, by their resolutions,
assert and argue that certain military arrests, and
proceedings following them, for which | am ulti-
mltely responsible, are unconstitutional. | think
they are not. The resolutions quote from the Con-
stltutIOn the definition of treason, and also the
limiting safeguards and guarantees therein provid-
ed for the citizen on trial for treason, and on his
being held to answer for capital or otherwise
iltitOu u anu III y "a uIlli
his right to a speedy and public trial by an impair
tial jury. They proceed to resolve that these
safeguards of the rights of the citizen against the
pretensinns OF arbitrary power were Intended more
especially for his protection In times of civil COM
notion" And, apparently to demonstrate the
proposition, the resolutions proceed They were
secured substantially to the English people after
years of prntracted civil war, and were adopted
into our Constitution at the close of the revOlu-
ton" Would not the demonstration have been
better, If 1t could have been truly said t. at these
safeguards had been adopted, and applied during
our revolution, instead of after the one and at the
close of the other |, too, am ~devotedly for them
after civil war. and before civil war, and at all
times. 50 except when, In cases of rebellion or inva-
sion, the public safety may require" their suspen-
sion. The resolutions proceed to tell us that these
safeguards - have stood the test of IS years of
trial. under our republican system, under circum-
stances which show that while they constitute the
foundation of all free government, they are the ell
ements of the enduring stability of the republic. -
No one denies that they have SO stood the test up
to the beginning of the present rebellion, if We
except 4 certain occurrence at New Orleans nor
does any one question that they will stand the
same test much longer after the rebellion closes.
But these provisions of the Constitution have no
application To the case we have in hand, because
the arrests con plained Of were not made for trea-
son-that IL, not for The treason defined in the Con-
and upon the conviction of which the
punishment Is death-nor yet were they made to
hold persons to answer for any capital or otherwise
Infamous crimes nor were the proceedings follow
in any constitutional or legal sense, s'criminal
prosecutions" The arrests were made on totally
grounds, and the proceedings following
with the grounds of the arrests. Let us
consider the real case with which We are dealing,
and apply 1t to the parts OF the Constitution plain
y made for such cases.
Prior to my installation here, ii had been incul-
,ated that any State had a lawful right to secede
rom the national Union. and that it would be ex-
Dedient to exercise the right whenever the devotees
e tho Hoatrina ShoulH fail rn alont n praSIHanf fo
heir liking and accordingly so far as it was le-
,ally possible, they have taken seven States out of
he Union, had seized many of the United States
orts, and had fired upon the United States flag,
Ill before | was inaugurated, and, of course, before
had done any official act whatever. The rebel
ion thus began soon ran into the present civil war:
md, in certain respects, it began on very unequal
.erms between the parties. The insurgents had
preparing for it more than 80 years, while
he government had taken no steps to resist them
former had carefully considered all the means
which could be turned to their account. 1t I'M
was a well-pondered reliance with them
hat In their own unrestricted efforts to destroy
Union, Constitution and law, all together. the
Government would, in a great degree, be restrain
ID by the same Constitution and law from arrest
ng their progress Their sympathizers pervaded
Ill departments OF the Government and nearly all
communities of the people. From this material,
lnder cover of 90 Liberty Of Speech 80 liberty of
he press and ''habeas corpus,' they hoped to keep
IN foot amongst us Il most efficient corps of spies,
ntOTIuSTS. kuDDlleTS III tlurTS iHu dDttIDTS OF
heir cause in IA thousand ways. They knew that
n times such as they were inau gurating by the
itself the habeas corpus might be sus-
pended; but they also knew they had friends who
would make a question as TO who was to suspend
t meanwhile their spies and others might remain
e large 10 help on their cause. Or if, as has hap
,ened, the Executive should suspend the writ,
without ruinous waste of time, instances of arrest
ng innocent persons might occur, as are always
likely to occur in such cases and then Il clamOr
OUli be raised In regard to this, which might be,
{ least, of some service to the insurgent cause.
I needed no very keen perception to discover this
of the enemy's programme, so soon as by open
Institutes their machinery was fairly put in mo-
Yet, thoroughly imbued with IL reverence
or the guaranteed rights of individuals, | was
low to adopt the strong measures which by de-
| have been forced TO regard as being within
he exceptions of the Constitution, and as indis-
'ensable to the public safety Nothing Is better
.nOwn to history than that courts of justice are
tterly Incompetent to such cases. Civil courts
re organized chiefly for trials of individuals, or,
{ most, Il few individuals acting in concert and
hus in quiet times, and on charges of crimes well
efined in the law. Even in times of peace bands
f horse thieves and robbers frequently grow too
numerous and powerful for the ordinary courts of
Istice. But what comparison, in numbers, have
bands ever borne to the insurgent sympathiz-
RS even In many of the loyal States! Again, a
too frequently has ut least one member more
eady to hang the panel than to hang the traitor.
md yet, again, he who dissuades one man from
Olunteering, or induces one soldier 10 desert,
'eakens the Union cause as much as he who kills
Union soldier in battle. Yet this discussion or
ducement may be 50 conducted rs to be no defn-