New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-06-15

traitors then 40 now. Unquestionaby ii we
had seized and held them, the insurgent cause
would be much weaker. But one Of them had
then committed any crime defined in the law.
Every one of them if arrested. would have been dis
charged on habeas corpus were the writ allowed 70
operate In view Of these and similar cases,
think the time not unlikely to come when shall be
blamed for having made too few arrests rather than
too many.
BY the third resolution, tho meeting indicate their
opinion that military arrests may DO constitutional
in localities where rebellion actually exists, but
that such arrests are unconstitutional in localities
where rebellion or instruction does not actually
exist. They insist that such arrests shall not DO
made outside of tho lines Of necessary military
occupation, and the scenes of insurrec,ion." has
much however, as the Constitution itself makes no
such distinction, am unable TO believe that there Is
any such constitutional distinction. l concede that
the cass Of arrests complained OF can be consiitu-
onal only wben in cases OF rebellion or invasion,
the public safety may require them; and insist tha'
in such cases they are constitutional rheTtper tue
public safety does require them; as we'll III places 10
which they may prevent the Rebellion extending as
10 those where it may be already prevailing; us
we'll where they may restrain mischevous interfer'
ence with the raising and supplying Of armies to
suppress the Rebellion, as where the Rebellion may
actually be-; as well where they may restrain the
enticng men out OF the army, as where they would
prevent mutiny in the army; equally constitutions
a. all places where they will conduce to the pubic
safety, as against the dangers OF rebellion or ih-
VISION. Take the particular case mentioned ny INC
meeting. II is asserted, in substance, that Mr' va
andigham was, by a military commander seized
and tried for no other reason than words ad'
dressed TO public meeting, in criticism OF the course
Of the Administration, aud in condemnation OF the
Military orders of the General Now, il there be
no mistake about this; il this assertion 10 the truth
and the whole truth; if there WAS no other reason
for the arrest then / concede that tho arrest was
wrong. But the arrest, as l understand, was made
for IA very different Tesson. Mr. Vallandi8ham
avows hi, hostility to the War on the part Of tho
Union: and his arrest was made because he was
aborng with effect, TO prevent the raising Oh
lroops; 10 encourage desertions from tie army anu
TO leave the Rebellion without an adequate military
force TO suppre H. He was not arrested because
he was damaging the political prospects, Of the Ad
minis ration or tho personal interests Of tie Com
handing General, but because he was damaging tie
Army, upon tho existence ani vigor OF when The
life Of the Nation depends. He was warning upon
the Military and tbs gave the Military constitutional
jurisdiction to lay bands upon him. II Nh 'allan'
digham was not damaging the military power OF The
country, then his Rrrest WAS made on mistake oil
fact. which would DO glad to correct on reasonably
,ai,iaetory evidence.
unde stand the meeting. whose resolutions | am
considering, to be in favor Of suppressins the he
bsnon by military force-by armies. Long
e1prrrnc- has shown that armies cannot be
maIn,.insd uncs, deserIious shsll DO punished BY
he severe penalty OF death. The requires aud
the Jaw and tho Constitution sanction, th.s punish
n.u, Musl I shoot IA ,mpls-inindod soldier boy
who desers, Wills mus, not touch = hsir Of willy
aslA,of who induces him TO deseFil Thls !, none
III Zee iniur.ou. when effected BY getting father
or brother. or friend, INTO public meeting, and thefe
working upon bis feelings tiii he Is persuaded to
writ. TIC soldier boy thai lie Ia bshtsEg IN a bad
are. for q wicked Administration Of q contempt
bis Government, too veuk to arrest and ruEph bin
II b. shall desert. tLipk thai IN such a case 70
,lepee tho A,iiaior and cave tie boy is not opi.
constitutional, bot wilhal great mercy.
IL 10 wrong on his question OF constitutional
tower. INV erUr lies In believing that certain pro-
eeeding, arc constitutional when, IN cases Of rebel
Ion Or INVASION, tie public safety requires them.
which would not lie constitutional when, IN the ab-
-snco Of rebellion or invasion, The public safety
does no. rvq liro them: n other words, that the Con
tuli,n il not IN is application in all respects the
zane, IN Of rebellion or nyasion involving the
- i an ms Of u@ar Nh
public security. The Constitution itself makes the
distinction; aud can no more be persuaded TIM;
the Government eonstilulioDaliy take 10 stropg
measures. IN time Of reb Hon, because II can be
shown tbat tho same could not DO lawfully taken IN
time Of peace, than can be persuaded that Il par
tcular drug Is not good medicine for sick man, be-
cause cau be shown not to be good food for u well
one. Nor am able to appreciate the danger appre-
Blended by tue meeting that tie American people
will, 10y means OF military arrests during the Re
b,llion, lose the right of Public Discussion. tie
Liberty Of Speech aud the Press the Low OF Evil
dencs, rriai by Jury, and llnbeas Corpus, throu h-
ou the indefinite peaceful ii:ure, which trust lies
before them, any more than | am able To believe
that man could contract so stropg an appetite for
netics during temporary Illness TO persist in feed
M upon them duriry tho remainder " his health
lul iifr
In giving the resolutions that earnest considcra.
ton which sou request OF me- cannot overlook the
TACT that The meeting speak Democrats" Nor
can l. wth full io,peot Tor their known intellige
and the inrly Presumed deliberatou with which tLey
prepared their resoiutions be permitted to SUPPOSE
TINT this occurred by deut. IN any way OF er
,i,nn hat they preferred 20 designate thtm.elves
" Demo rals rather than American citizens" Iu
this time of national peril. 4 would have preferred
to meet you ulon level one step higher than any