Daily national Republican., 1863-06-15

VallandirhAm was not damaging tne mihteLy |
power Of the country, then ni1 ertss. ~, 10y
On mistake Of fact, which would % giad 70 |
CORRECT on rSasonably sstisfaciory evidence,
A HuAHP PouIT wnE4.FuT.. ..,,-s.. |
understand the mosting, Hhosereaolutions
lam considering, 70 Be In fayor Of suppreahlng
the rebellion BY. military force-by nrmles,
Be maintained unless dssertlon shall be pun.
i,hed by the severe penalty Of death. The
case reouiruI. and the law and the constitution
sanction, this punishment. Mud Ishooi a sin
1Js-T,indsd soldir boy tsAo dspsrts, ohts Ipp'isf
not touch hsir e 'SlY epltatOy .oho it5ye.i
when effected by getting : father, or brother,
or friend, into a public messing, and there
,ForkinR upon his feelings tnl he II persuaded /
70 write the soldier boy that he IL fighting In q
bad cause, for q wicked administration OF
contemplate government, too weak 70 arrest
and punish him II he shall desert. 1thinkthat
in such a case, TO silence the agitator and save
the boy Is not only constitutional, but withAl
great mercy.
EifET1cs ARE kDMnusTRRKD.
II be wrong on this question Of constitu-
tional power, my error hsa In believing thHt
certain proceedings are constitutional when, In
cases OF rebellion or Invaslon, the public safety
requires them, which would not be conStltu-
tionAl when, In absence Of rs6olllon or invasion,
the public safety doea not require themi In
other words, that the Constitution 10 not, In
iS application, In all reapscta the same, In cases
Of rebellion or invasion Involving the public
safety, as 1t is in TINES Of profound peace
and public security. The Constitution Itself
makes the distinction and can no moro be
persuaded that the govsrpmant can constitu-
tionally take no strong measures In time OF re-
bellion because It can be shown that the aame
could not be lawfully taken in time OF peace,
than can be persuaded that particular drug
IL not good medicine for . sick man, because Il
can be shown TO not be good food for q well one.
Nor am / able 10 appreciate the danger appre-
hended by the meeting that the American people
will, by means Of military arrests during the
rebellion, lose the right Of public discussion,
the liberty Of speech and the presS, the law OF
evidence, trial by Jury, and babcdS corpus,
throughout the indefinite peaceful future, which
trust lies before them, any moro than am
able to believe that q man could contract so
strong an appetite for emetlcs during tempo
rary illness as to persist In feeding upon them
during the remainder Of his hsalthful life.
PARTIsANsHIP NOT PATRIoTIsN-THE KIAAfPLR
OF JACKSON.
In giving the resolutions that earnest consld-
Grafton which you request Of me, cannot over
look the fact that the meeting speak as Dem
ocrats." Nor can !, with fun respect for their
known intelligence, and the fairly presumed
deliberation with which they prepared their
resolutions, be permitted 70 suppose that this
occurred by accident, or In any way other than
that they preferred 10 designate themselves
Democrats rather than American clti-
gems" In this time OF national peril would
step higher than any platforms because I am
sure that, from such more elevated position, we
could do better battle for the country we all
love than we possibly can from those lower
ones, where, from the force Of habit, the pre-
judices Of the past, and selfish hopes Of the fu-
ture, we are sure 70 eIpend much Of our inge
Duity and strength In finding fault with, aud
aiming blows at, each other. But, since you
have denied me This, / will yet be thank
ful, for the country's sake, that not all
Democrats have done so. He on whose dis
Cretionary Judgment Mr.. Vallandigham was
arrested and tried Is Democrat, having no
old party affinity with me; and the Judge
who rejected the constitutional view ex-
pressed in these resolutions, by refusing to dis
charge Mr.. VAllandlgham on habsds corpus Is a
Democrat Of better days than these, having re-
celved his judicial mantle at thehands of Presi-
dent Jackson. And still more, of all those
Democrats who are nohly exposing their lives
and shedding their blood on the battlefield,
have learned that many approve the course
taken with Mr.. VallaudIghAm, while have n no
heard of a single one condemningit. Icanno
assert that there are none such. And the namI
Of President Jackson recalls an instance o.
pertinent history. Amer the battle OF New
Orleans, and while the fact that the treaty OF
peace had been concluded was well known in
the city, but before oficlal knowledge of 1t had
arrived, General Jackson still maintained mar
tlsl or military law. Now, that 1t could be
said the war was over, the clamor against mar.
tial Law, which had existed from the first, grew
more furious. Among other thingS q Mr.. Lou
aillier published a denunciAtory newspaper ar.
ticle. General Jackson arrested him. A law
yer by the name Of Morel procured the United
States Judge Hall TO order . writ Of hdbeds cor
ptS to relieve Mr.. Louaillisr. General JackSoI
arrested both the lawyer and the Judge
A Mr.. Hollander venLurod 70 say of som
part of the matter that at was q dirty trick.
General Jackson arrested him. When the OH
Ger undertook to serve the writ Of habeas cor
pus, General Jackson took 1t from him, ant
sent him away with q copy. Holding the judg
In cu,tody a few days, the general sent him be
yont the limits Of his encampment, aud se
him al liberty, with an order 70 remain till tn
ratification of peace should be regularly an
bounced, or until the British should have lsf
the southern coast. A day or two more elapsed
the ratification Of the treaty Of peace was regu
lArly announced, and the Judge and others wer
fully liberated. A few days more, and tn
Judge called General Jackson into court an
fined him a thousand dollArs for having aI
rested him and the others named. The generI
paid the fine, and there the matter rested fc
nearly thirty years, when Congress refunde
principal and Interest. The late Senator Doul
las, then In the House Of Representatives, too
leading part In the debates, in which the coI
stitutional question was much discussed. al
not prepared to say whom the Journals woul
show 10 have voted for the measure.
vAILANDI0HAM.
II may be remarked First, that we had ii
same Constitution then a. now; secondly, thl
we then had case Of inVaAlon, and now "
have q case Of rebellionj and, thirdly, that Il
permanent right Of the people TO public diBcu
sion, the liberty OF speech and Of the press, Il
trial by jury, the law ofeVidsnee, and the habei
corpus, suffered no dethmsnt whatever by tn
conduct Of Gen. jackson, or ItB subsequent o.
provRl by the American Congress.
and yet, let me say, that IN my own discr
tIon, do not know whothoT would have o
dered the arrest Of Mr.. VallandIKhAm. Viii
cannot shift the responsibility from myself,
hold that, as a general rule, the commander
the field 10 better Judge Of the necessity In an
particular case. or courSe, I must practice
general directory and reviSory power in II
matter
HE Is CALLED UPON TO "DIScHARsB vALLAI
DIaHAM."
One Of the resolutions expresses the oplnio
OF the meeting that arbitrary arrests win hav
the effect 70 divide and distract those VIII
should be united In BuppTessing the rebellion
aud am specifically called on 10 dlGcharR
MT NAusndigham. | regard this a., at least
lsH appear 70 me on the eKpedlency of eIeI
ciSing constitutional power which think eI
lists. In response to such appeal have 70 say
II gave me pain when learned that Mr., Val
lAndiRham had been RrreSted-that ia. wa