The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-07-17

conserving the public safety, when [ may
choose to say the public safety requires it.
This question, divested of the phraseology
calculated to represent me as struggling
for an arbitrary personal prerogative, is
either simply a question aohO shall decide,
or an affirmation that nobody shall decide,
what the public safety does require in
cases of rebellion or invasion. The consti-
tuition contemplates the question as likely
to occur for decision, but it does not ex-
pressly declare who is to decide it. By
necessary implication, when rebellion or
invasion comes, the decision is to be made
from time to time; and think the man
whom, for the time, the people have, un-
der the constitution, made the commander
in-chief of their army and navy, is the
man who holds the power and bears the
responsibility of making it. If he uses the
power justly the same people will probably
justify him: if he abuses it, he is in their
hands, to be dealt with by all the modes
they have reserved to themselves in the
Constitution.
The earnestness with which you insist
that persons can only in times of rebellion
be lawfully dealt with in accordance with
the rules for criminal trials and punish
ments in times OF peace, induces me to add
a word to what l said on that point in the
Albany response. You claim that men
may, if they choose, embarrass those whose
duty it is to combat giant rebellion, and
Their be dealt with in turn as if there were
40 rebellion. The constitution itself re-
jects this view. The military arrests and
detentions which have been made, includ-
ing those of Mr. Vallandigham, which are
not different in principle from the others,
have been for prevention, and not for pun
ishment-as injunctions to stay injury-as
proceedings to keep the peace-and hence,
like proceedings in such cases, and for like
reasons, they have not been accompanied
with indictments, or trials by juries, nor,
in a single case, by any punishment what
ever beyond what is purely Incidental to
the prevention The original sentence Of
Imprisonment in Mr.. Vallandigham's case
was to prevent injury to the military ser
vice only, and the modification of it was
made as a less dsagreeable mode to him
Oh securing the same prevention.
1 am unable tnperceive an insult to Ohio
in the case of Mr. Vallandigham Quite
surely nothing of the sort was or is in
tended. / was wholly unaware that Mr..
Vallandigham WAS, at the time OF his ar
rest, candidate for the Democratic nomi-
nation for Governor, until so informed by
your reading to me the resolutions OF the
Convention, am grateful to the State of
Ohio for many thirgs, especially for the
brave soldiers and officers she has given in
the present national trial to the armies of
the Union.
You claim, as understand, that accord
ing to my own position in the Albany
response, Mr.. Vallandigham should be
released; and this because, as you claim,
he has not damaged the military service
by discouraging enlistments, encouraging
desertions, or otherwise; and that if he
had he should have been turned over to
the civil authorities, under recent acts of
Congress. | certainly do not know that
Mr.. Vallandigham has specially and by
direct language advised against enlistments
and in favor OF desertion and resistance to
drafting. We all know that combinations,
armed in some instances to resist the
arrest of deserters, began several months
ago; that more recently the like has
appeared in resistance to the enrolment
preparatory to a draft; and that quite 9
number of assassinations have occurred
from the same Oninus. These had to be
met by military force, and this again has
led to bloodshed and death. And now,
under a sense Of responsibility more
Deighty and enduring than any which is
merely official, l solemnly declare my
belief that this hindrance Of the military,
,vol,,I:,,f- ,,,oi,,,trrr opI :, TO
the coul sc in which Mr.. Vallandigham has
been engaged, in greater degree than to
any other cause, and is due to him person.
ally in greater degree than to any other
one man. These things have been notori-
Gus, known to all, and known, Of course, to
Mr.. Vallandigham. Perhaps l would not
be wrong to say they originated with his
especial friends and adherents. With per-
feet knowledge of them, he has frequently,
if not constantly, made speeches in Con-
gress and before popular assemblies; and
if it can be shown that with these things
staring him in the face he has ever uttered
word of rebuke or counsel against them,
it will be fact greatly to his favor with
me, and one of which, as yet, l am totally
ignorant. When it is known that the
whole burden of his speeches has been to
stir up men against the prosecution of the
war, and that, in the midst Of resistance to
it, he has not been known in any instance
to counsel against such resistance, it is
impossible to repel the inference that he
has counselled directly in favor of it. With
all this before their eyes, the Convention
you represent have nominated Mr.. Vallan-
digham for Governor of Ohio; and both
they and you have declared the purpose to
sustain the national Union by all constitu-
tional means. But, of course, they and
you, in common, reserve to yourselves to
decide what are constitutional means, and,
| unlike the Albany meeting, you omit to