M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1863-08-06

Congress at any time, to provide 'fo
il; so that the plea Of necessity furn
ishes no reasonable Pretext forary ss
sumption Of Legislative power.
For a moment contemplate the con
sequences of such a claim to power
Not only would the dominion OF the
President 0e absolute over the Iightt
Of indiYiduals, but equally go over
the other department of the Govern,
ment. If he shonld claim that the
public safety required ii, he could ar
rest and imprison a judge for the
conscientious discharge Of his duties,
parail-ze the Judicial power, or super
rede It, by the substitution OF courts,
martial, subject to his own will,
throughout the whole country. Il
any one Of the States, even far reno,
we'd from the rebellion. should moi
sustain his plan for prosecuting the
war, he could, @ the plea vf publir
safety, anDul and set at defiance the
State laws and authorities, while in
the faithful discharge Of their duties
or he could absolutely control the
action, either of Congress or the Su.
preme Court, by arresting and impris
Onlng it's members, and, upon the
same ground he could suspend the
elective franchise, postpone the elec
tions, and declare the perpetuity ofhis
Gigh perogative. And neither thl
power Or impeachment, nor the elec
tions .! the people could be made
available against such concentration
ofpower.
Surely It is not necessary to subver'
free government in this country il
order ia put down the rebellion; anC
it can not be done under the pretensC
of quitting down the rebellion. Indeed
1t is plain that your Administration
has been weakened and greatly wea
kened by the assumption of power no
delegated in the Constitution,
ln your answer you say to US
"YGu claim that men may, if the,
choose, embarrass those whose duty
it is to combat a giant rebellion anc
then be dealt with in terms ~ iftherC
were no rebellion" You will fine
yourself in fault il you search oul
communication to you, for any sucl
an idea. The undersigned believe
that the Constitution and laws OF the
land. properly administered, furnish
ample power to put down an insur.
Tection without the assumption oil
power not granted. And if existing
Legislation be inadequate, it 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 las in.
functions to stay injury or proceedings
to keep the peace, and not for punish
ment." The ordinary preventive
remedies alluded to authorized by
established law, but the preventive
proceedings you institute have their
authority merely in the will of the
Executive or that Of officers sutordi.
nate To his authority. And in this
proceeding a discretion seems 10 be
exercised as to whether the prisoner
shall be allowed a trial or even be
permitted to know the nature Of the
complaint alleged against him, or the
name Of his accuser. If the proceed.
lngs be merely preventive, why not
allow the prisoner the benefit of a |
bond to keep the peace 7 But if no
oitense has been committed, why was
Mr. Vallandigham tiled, convicted
and sentenced by court-lnartial I
And why the actual punishment by
Imprisonment or banishment, without
he opportunity of obtaining bis lib.
'rty in the mode usual in preventive
and yet cay it is not for
! =
You still place Mr.. Vallandigham's
conviction and banishment upon the
ground that he had damaged the mill.
AIRY service by discouraging enlist
nents and encouraging desertions, etc.
md yet you have not even pretended
o controvert our position that he was
lot charged with tried or convicted for
my such ofsnse before tire court.
martial. -. .. . !
In answer to cur position that Mr..
|a.landigham was entitled to a trial
n the civil tribunals, by virtue of the
ate acts Of Congress, you say: :"
ertainly do not know that Mr.. Val.
andigham has specifically and by
.l:ect language advised against en-.
Istmenls and in favor Of desertions
nd resistance to drafting" etc., and
e'' IN a subsequent part Of your ans.
YER, after speaking Of certain disturb
nces which are alleged to have oc
urred in resistance of the arrest Of
eserters, and of the enrolment pre-
'aratory to the draft, and which you
ttrlbuto mainly to the courae Mr..
,,allandigham has pursued, you say