The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1863-06-19

bellion or invasion, the public ratety may
REQUIRE them; and insist that In such
cases they are constitutional UhereCer
the public safety does require them; as
well in places to which they may prevent
the rebellion extending as in those where
it may be already prevailing; as well
where they may restrain mlschieVlous
interference with the raising and supply
ing Of armies to suppress the rebellion,
as where the rebellion may actually be-
as we'll where they may restrain the en-
dcinp men out of the army, as where
they would prevent mutiny in the army;
equally constitutional at all places where
thew will conduce to the public safety, as
against the dangers of rebellion or inva-
SION. Take the particular case men
toned by the meeting, 1t is asserted,
in substance, that Mr.. Vallandigham
was, BY military commander, seized
and tried for no other reason than
words addressed to public meeting, in
criticism of the course of the admins
trstion, aud in condemnation of the
military orders of the general" Now,
if there be no mistake about this; if this
assertion is the truth and the whole
truth, If there was no other reason for
the arrest, then concede that the ar
rest was wrong. But the arrest, as |
understand, was made for very different
reason. Mr.. Vallandigham avows his
hostility to the war on the part of the
Union; and his arrest was made because
he was laboring, with some effect, to pre-
vent the raising of troops; to encourage
assertions from the army, and to leave
the rebellion without an adequate mill
tary force to suppress it He was not
arrested because he was damaging the
political prospects of the administration,
or the personal interests of the command
ing general, but because he was damag-
ing the army, upon the existence and
vigor of which the life of the nation de-
pends He was warning upon the mill
tary, and this gave the military constitu
tional jurisdiction to lay hands upon him.
If Mr.. Vallandigham was not damaging
the military power of the country, then
his arrest was made on mistake of fact,
which l would be glad to correct on
reasonably satisfactory evidence.
/ understand the meeting, whose res
olutions / am considering, to be in favor
of suppressing the rebellion by military
force-by armies. Long experience has
shown that armies cannot be maintained
unless desertion shall be punished by the
severe penalty of death The case re-
quires, and the law and the constitution
sanction this punishment Must shoot
a simple-minded soldier boy who deserts,
while must not touch a hair of willy
agitator who induces him to desert
This is none the less injurious when eff
fected by getting father, or brother, or
- friend, into public meeting, and there
working upon his feelings till he is per-
suaded to write the soldier boy that he
is fighting in bad cause, for wicked
administration of contemplate gov
eminent, too weak to arrest and punish
him if he shall desert | think that in
such case, to. silence the agitator and
save the boy is not only constitutional
but withal great mercy.
If be wrong on this question of con
stitutional power, my error lies in be
lieving that certain proceedings are con
stitutional when, in cases of rebellion OIL
invasion, the public safety requires them
which would not be constitutional when
in absence of rebellion or invasion
the public safety does not require them
in other words, that the constitution i
not, in its application, in all respects tn
same, in cases of rebellion or invasion
involving the public safety, as it is il
times of profound peace and public sc
curity. The constitution itself make
the distinction; and / can no more b
persuaded that the government can cor
stitutionally take no strong measures
-1Aa1linn hoaonco =
-IuIIy taken IN time OF peace, than | ca
be persuaded that a particular drug
not good medicine for a sick maj
because it can be shown to not b
good food for a well one. Nor al
/ able to appreciate the danger a,
pretended by the meeting, that ii
American people will, by means of mil
tary arrests during the rebellion, lose til
right of public discussion, the liberty
speech and the press, the law of ev
dence, trial by jury, and habeas cOrpu
througous the indefinite peaceful futur
which / trust lies before them, any MOI
than / am able to believe that a ma
could contract SO strong an appetite ft
emetics during temporary illness as
persist in feeding upon them during ii
remainder of their healthful life.
In giving the resolutions that earne
consideration which you request of IN
/ cannot overlook the fact that the NEE
irsa sneak as dan,AAs.a4s 49,
with full respect for their own intel
gence, and the fairly presumed deliber
ton with which they prepared their res
lutions, be permitted to suppose that til
occurred by accident, or in any W;
other than they preferred to designa
themselves democrats rather tbs
american citizens" In this time
meet: you upon a level one st,
higher than any party platform; becau
] am sure that, from such more elevate
position, we could do better battle for Il
country we all love, than we possibly CT
from those lower ores where, from Il
force of habit, the prejudices of the pa
and selfish hopes of the future, we a
sure to expend much of our ingenui
and strength in finding fault with, al
aiming blows at, each other. But, sin
you have denied me this, / will yet
thankful, for the country's sake, that n
all democrats have done so. He
whose discretionary judgment Mr. V;