Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1863-07-03
MR.. LINcoLS's REPLY.
EXECUTIVE MANSION,
WAsHISGroH, June 12, 1863.

dent.
MR.. LINcoLS's REPLY.
ExEoUrlvE MANSION,
WAsHINGroN, June 12, 1863.
Hon. Erdstas Corning and others:
GENTLEMES: Your letter Of May 49, inclos-
| ing the resolutions of public meeting, held at
Albany, n Y, on the 10th of the me month
was received several days ago.
The resolutions, as l understand them, are re-
solvabe into two opositions--frst, the express
ion of a purpose to sustain the cause of the I'M
ion, to secure peace through victory, and TO sup
port the Administration in every constitutional
aud lawful measure TO suppress the rebellion;
and secondly, a declaration Of censure upon the
Administration for supposed unconstitutional
| action such as the making of military arrests
And from the two propositions third is deduc-
ed, which is that the gentlemen composing the
meeting are resolved on doing their part to main
tain our common government and country, de-
spite the folly and wckedness, as they may con-
ceive of any Administration. This position is
eminently patriotic, and rs such, thank the
meeting and congratulate the nation for it. NV
own purpose is the name; so that the meeting
and myself have fcommon object, aud can have
no difference, except in the choice of means or
measures for effecting that object.
And here ought to close this paper aud would
close it, if there were no apprehension that more
injurious consequences than any merely personal
lO 0iJSell nlEnL tOllOW lne censureS Syttenatl-
cally cast upon me for doing what, in my view
of duty, could not forbear. The resolutions
! promise TO support me in every constitutional
and lawful measure to suppress rebellion; and
| have not knowingly employ ed nor shall know
ingly employ, any other. But the meeting by
their resolutions assert and argue that certain
military arrests and proceedings following them.
for which am intimately responsible. are un-
constitutional. think they are not The res
olutions quote from the Constitution the dein-
ition of treason and also the limiting safe guards
and guarantees therein provided for the citizen
on trials for treason, and on his being held to
answer for capital or otherwise Infamous crimes,
and, in criminal prosecutions his right to a
speedy and public trial by an impartial jury
They proceed to resolve that these safeguards
of the right of the citizen against the pretensions
ofarbirary power were intended more especially
for his protection in times of civil commOtion.
, But apparently to demonstrate the proposition
! the resolutions proceed: "They were secured
= substantially TO the English people after year.
Of protracted civil war, and were adopted into
our Constitution at the close of the Revolution.
Would not the demonstration have been better
ifit could have been adapted and applied dur
ing the civil wars and during our Revolution
instead ofafter the one and at the close of the
other? / too, am deyotedly for them after civil
war, and at all times, "except when, in cases OF
rebellion or invasion, the public safety may re-
qure' their suspension. The resolutions pro-
ceed TO tell us that those safeguards "have stood
thetest of seventy six years of trial, under our
republican system, under the circumstances
which show that while they constitute the found
alton of all allfreegovernment they are the elements
= of the enduring stability of the republic" Nc
! one denies that they have stood the test up to
the beginning of the present rebellion, If we eX-
cept certain occurrence at New Orleans; MOI
does any one question that they will stand the
, test much longer after the rebellion closes. But
these provisions of the Constitution have no ap-
plicaion to the case we have in hand, because
the arrests complained of were not made fol
treasoH--that is, not for the treason defined il
r the Constitution, and upon the conviction o
|, which the punishment is death-nor yet were
they made to hold persons to answer for any
capitol or otherwise infamOus crimes; nor were
the proceedings following, in any constitutions
s or legal sense, criminal prosecutions" The ar
!, rests were made on totally different grounds
Il and the proceedings following accorded will
the grounds ofthe arrests. Let us consider tn
real case with which we are dealing, and appl,
to ii the parts of the Constitution plainly mad
for such cases.
Prior to my installation here, it had been in
. culcated that any State had a lawful right /
secede from the national Union, and that
4 would be expedient to exercise the right when
g ever the devotes of the doctrine should fail t.
b elect President to their own liking. wa
elected contrary to their liking; and accordingly
, so far as it was legally possible, they had takeI
seven States out of the Union, seized many o
j.. the United States forts, and had fired upon tn
United States flag, all before l was inaugurated
and, of course, before l had done any official ac
d whatever. The rebellion thus began, soon raj
into the present civil war; and, in certain res
IT poets, it began on very unequal terms betweel
:, the parties The insurgents had been prepar
ing for it more than thirty years, while the Gov
ernment had taken no steps to resist them TIL
fnrnar had corafnllu Si1ara1 al he
which could be turned to their account. 1t un
doubtedly was well-pondered reliance witt
them that in their own unrestricted efforts h
= destroy Union, Constitution and law, all togeth
d err the Government would, in great degree b.
l. restrained by the same Constitution and Law
ID from arresting their progress Their sympathi
= zers pervaded all departments of the Govern
!, ment and nearly all the communities of the peo
lie pie. From this material under cover of ~liber
lie ty of speech 'liberty of the press, and "hGbed
10 corpus" they hoped to keep on foot amongst u
3. most efficient corps of spies, inormers, suppl
al ers, and aiders and abettors of their cause in
in thousand ways. They knew that in times sue
d. as they were inaugurating by the Constitution
$, ITSELF the "hdbeas corpus" might be suspended
but they also knew they had friends who woul
make question as to who was to suspend i
meanwhile their spies and others might renal
at large to help on their cause. Or it, as hf
3 happened, the Executive should suspend ii
writ without rulnOuS waste oil time, instances
r arresting innocent persons might occur, as al
~ always likely to occur in such cases; and the
n a clamor could be raised in regard to this, whiC
n might be, at least of some service to the insu
"a gent cause. 1t needed no very keen perceptic
he to discover this part of the enemy's programu
be so soon as by open hostilities their machiner
n was fairly put in motion. Yet thoroughly in
II, bued with a reverence for the guaranteed rgh
nd of individuals, / was slow TO adopt the stron
measures which by degrees have been force
nd to regard as being within the exceptions of II
Ne Constitution, and as indispensable to The publ
safety. Nothing is better known to histol
It's than that courts ofjustice are utterly incomp
tentto such cases. Civil courts are organize
chiefly for trials Of individuals acting in concel
and this in quiet times, and on charges of Grim
- well defined in the law. Even in times of peac
Il bands of horse thieves and robbers frequentl
grow too numerous and powerful for the ordiI
be airy courts of justice. But what comparison
on numbers have such bands ever borne to the il
m surgent sympathizers even in many of the 10y
a. States? Again, a jury too frequently has at lea
ed one member more ready TO hang the panal thi
y, to hang the traitor. And yet, again, he wi
N. dissuades one man from volunteering, or ind
I'D ces one soldier to desert, weakens the UniC
'es cause as much as he who kills Union soldi
'a 81. in battle. Yet this discussion or induceme
he may be conducted as to be no defined crime
which any civil court would take cognizance
Ours is case of rebelliOn-so called by d
resolutions before me--in fact clear aagra