Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-07-11
COLUMBUS, OHIO, SATURDAY MORNING, JULY II, 1863.

/, ted to the legislative, executive and judicia
= branches Of the Government, and each made CO
9 ordinate with the others, and supreme withi
a Its sphere; and thus mutual check upon eac
. other, in case Of abuse Of power. It has bee
, the boast OF the American people that thev ha,
0Ttten ConstnuttoR, not only expressly defn-
ing, but also limiting the powers of the Govern.
ment, and providing effectusl safeguards for Der
sonal liberty, security and property. And IL
make the matter more positive and explicit, 1
, was provided by the amendstory articles, Mint
and ten. that "the enumeration in the Constitu-
ton OF certain Tiohts, shall not be construed "a
deny or disparGge others retained by the people
and that "the powers nos dsfeeated to the Uni.
ted States by the Constitution, nor prohibited
J, by 1t to the States, are reserved to the States
respectively or to the people," With thia care
and precaution on the part Of our forefatheFs
who framed our institutions, IL was not to be ex
pected, that, at go esTly a day as this, o claim
OF the President to arbitrary power, limited
only by his conception of the requirements o
Il the public esfetJ, would have been asserted. Il
derogstiou Of the constitutional provisions max.
ling the President strictly an executive officer,
and vesting all the delegsted legislative power
In Congress, your position, es we understand
it, would mako yOuT wiR tac rule OF action and
your declarations Of the requirements of the
public safety the law of the land Our Inquiry
was not, therefore, "simply question ,oho shall
decide, or the affirmation that n0body shall de-
eide, what the public safety req qiiree." Our
Government is Government OF lao, and it ia
the lato-makiRg POtcer which ascertains what the
public safety requires, and prescrbes the rule
of action; and the duty of the President Ia sim
ply 60 execute tue laws thus enacted, and not
IN La I.saa ~ - a.
arise, the President has the power to convene
| Congress a. any time, to provide for it; 80 that
the plea Of necessity furnishes no reasonable
pEetext for any assumption OF legislative power.
For q moment contemplate the consequences
of such claim to power. Not only would the
dominion Of the President be absolute over the
| rights of individuals, bus equally 80 over the
other departments OF the Government. II he
should claim that the public safety required IT,
he could arrest and imprson Judge for the
conscientious discharge of his duties, psralyze
the judicial power, or supersede Ii, by the sub
stitution of courte-martial, subject 80 his oton
soiH, throughout she whole country. II any one
of the States, even far removed from the rebel
lion, should not sustain his plan for prosecuting
the war, he could, on the plea of public safety
annul and set at defiance the State laws and
authorities, arrest and imprison the Governor
of the State or the members of the Legisla-
ture, whila in the faithful discharge of their du.
ties, or he could absolutely control the action,
either OF Congress or of the Supreme Court, by
arrestiDg and imprisoning Its members, and,
upon the same ground he could suspend
the elective franchise, postpone the elec.
tions, and declare the perpesuity Of his high
FeEogative And neither the power OF i'm
peachment, nor the elections of the people
nnniA M IokI IL
tration of lower.
| Surely 1t ia not necessary to subyers free gov
ernment in this country In order to put down
the rebellion ; and II can not be done under the
pTetense of putting down the rebellion. Indeed,
Is is plain that your Administration has been
weakened and greatly weakened by the sssump-
tion of power not delegated In the Consti tuition.
In your answer you ssy to us-"You claim
that men may, If they choose, embarrsss Ghose
| whose duty 1t Ia 10 combat giant rebellion and
then be dealt with 10 serms as II there were no
rebellion" You will find yourself In fault II
you search our communication to you, for any
such idea. The undersigned believe that the
Constitution and laws of the land, properly ad-
ministered, furnish ample power to put down an
insurrsction wlihoutthe assumption OF power NOT
granted. And if existing legislation be made
quste, IL is the duty OF Congress to consider
what further legislation is necessary, and to
make suitable provision by law.
You claim that the military arrests made by
your Administration, are merely preventive
remedies "as iDjunctions to stay injury or pro-
ceedings to keep the peace, and not for punish
nssnt. !" The ordinary preventive remedies al.
laded to are authorized by established law, but
the preventive proceedings you institute have
their authority merely In the will OF the Execu-
tive or that OF officers subordinate to bis au-
thority. Andin this proceeding discretion seems
to be exercised as to whether the prisoner shall
be allowed trial or even be permitted to know
the nature of the complaint alleged against
him, or the name of his sccuser. II the pro-
ceedings be merely preventive, why not allow
the prisoner the bsneft of bond to keep the
peace2 But II 10 offense has been committed,
why was Mr.. Vallsndigham tried, convicted and
sentenced by court. .martialf And why the
actual punishment by imprisonment or bsnish'-
ment, withou. the opportunity Of obtaining his
liberty In the mode usual in preventive reme-
dies, and yet say il is not for punishment
You still place Mr., Vallandigham's convie-
zion and banishment upon the gsound that he
had damaged the military service by discour.
aging enlstments and encouraging deaerLons,
etc., and yet you have not even pretended 10
controvert our position that he was not charged
With, tried or convicted for any euch 0ffense be-
fore the court-marlial.
In answer to our position that Mr.. Vallandig-
bam was entitled to Q trial 10 the OWL tribunals,
By virtue Of the late acts of Congress, you say:
II certainly do not know that Mr.. ValiGndighdm
has specifically and by direct language adpised
against enIistmsats and in fauor Of deserti0ns
and re'istanes to drsfHag," etc., and yet, In q
subsequent part of your answer, after speaking
of certain disturbsnoes which are alleged 10
have occurred In resistance of the arrest OF dc.
scrters, and of the enfollment preparatory to
the draft, and which you attribute mainly 70
the course Mr.. Vallandigham has pursued, you
say thas he has made speeches against the war
ia the midst Of resistance TO ID, that she has
never been known, in any instance, TO counsel
against such resistance" and that "u 10 nest to
impossible to yepst the inference that hs has coun-
setsd directly in fapor Of g." Permit "a 10 cay
chat your information ia most gIievously at
fault. The undersigned have been in the habit
Of hearing Mr.. valandigham speak before pop
ular assembiages, and they appeal with oonti
dense to every truthful person who has ever