The dollar weekly bulletin. [volume] (Maysville, Ky.) 1862-1864, 1863-06-25

CAlbany ResOl afi0ns OniATD1traIy AT
Tests-When Arbitrary Arrests may DC
CoustitutionaI, and When NOt-MF.
VaIlandfsham's Case.
q - " sE'sWAsHINeroN, June "A, 1868.
4 The Presidents reply to the resolutions
Of the. public meeting held at Albany, New
York, with regard to arbitrary arrests oy
military authority, and at the same time ex-
pressing their determination to sustain the
ADMINISTRATION in all lawfHl and constItu-
tional measures to suppress the reoeilon' Is
made public to-day. 1t IS quite iengtny'
but the following extract, covering Failan-
digbam's case, is the result OF the entire
argument. Mr. Lincoln, in referring to the
resolutions, says:
"The meeting indicates their opinion that
military arrests may be constitutional 10 10
califies where rebellion actually exists, but
that such arrests are Unconstitutional in To-
calities where rebellion or instruction does
not actually exist They insist that such
arrests shall not be made outside of the
lines of necessary military occupation and
the scenes, OF instruction Inasmuch how
ever, as the Constitution itselfmakes 20 such
distincion,iI am unable to believe that
there is any such constitutional distirction.
/ concede th at the class of arrests complain
cd of can be constitutional only when in
cases of rebellion or invasion, the public
safety may require them, and insist that in
such cases they are constitutional, whenever
the pu bic safety does require them. as we'll
i0Jplacest to which they may prevent there
belHon extending, as in those where It may
be already prevailing; as well where they
may restrain mischevous Interference with
the raising ard supplying of armies to sup
press the rebellion, as where the rebellion
may actually be; as we'll where they may
resffaib the-enticing men out Of the army. as
where they could prevent mutiny 10 the
army, equally constitutional in all places
where they will conduce to the public safe
ty, as against the dangers of rebellion or in
vssioD. Take the particular case mention
ed by the meeting 1t is asserted 10 sub
stance that Mr.. Vallandignsm was, by
military commander, seized and tried for no
other reason than words addressed to a pub
lie meeting in criticism of the course Of the
Administration, and in condem nation Of the
military orders of the General. Now, if
there be no mistake about this, if this ssser-
ton is the truth and the whole truth, if
there was no other reason for the arrest. then
concede that the arrest wrong; but the
arrest, as l understand, was made for a very
different reason. = Mr.. Valiaudigham avows
his hostility to the war on the part Of the
Union. and his arrest was made because he
" 90 ioOOiibSI WIN oOluO CuCClg IL DTFNeul
heraisIug of troops, to encourage deseriions
from the army, a0J to leave the rebellion
without an adequate military force to sup
press it.
HE was not arrested because he was
damaging the political prospects of the Ad-
mibistration, or the personal interests OF the
commanding General, but because be was
damaging The army. upon the existence and
vigor of which the life of the nation de-
peuds. He was warning upon the military,
and. this gave the military constitutional
Jurisdiction to lay hands upon him. If Mr..
Vsl)aDdjgham, was not damaging the mill
tafy power of the country, then his arrest
was made on mistake of fact which ] would
be glad to correct, on reasonable, satisfactory
evidence. g..-r. ~
Il understand the meeting, whose resolu-
tioEs j am considering to be IN favor of sup
pressing the rebellion by military force-by
armies. Long experience has shown that
armies can not be maintained, unless deser- !
ton shall be punished by the severe penal
" OF death. The case requires. and the law
and the Constitution sanction this punish =
u eBt. . Most / shoot a sim pie IN inded =
Older boy, who deserts, while ! must not =.
ouo6ya b air of WHY agitator, who iRdncss =
him to desert? This is none the less jHjun- :
Jus when effected by getting a father, or
BROTHER or friend into public meeting, and
here working upon his feelings till he is il
write the soldier boy that he b
s fighting in bad cause, for wicked Ad- il
n ipistTatlop of contemplate Government, il
90 weak to punish him if be shall desert. I
think that in such case. to silence the agi b
ator and save the boy, is not only constitu- i
ioDal, but, withal, great mercy" a
After reviewing the suspe nsiou Of the g
writ OF habeqs corpus, by General Jackson, o
he Prssid eDt says: >"Aud yet let me say. C
hat In my own discretion / do not know
whether would have ordered the arrest Of
dr.. Yallandigbam. While can not shift ~
be responsibility from myself, ] hold that, o
s gen eral rule. the Commander 10 the 81
ED is the better judge OF the necessity il o
ny particular case. Or course must prac. tt
Ice general directory and revisory power re
D the matter. 70
zone of the resolutions expresses the opin. b
Do OF the meeting that arbitrary arrests will 81
ave the effect TO divide and distract those re
tho should be united in suppressine the re- hi
elton, and am specifically called on to W
ischarge Mr.. Vallandigham. l regard this u
Ct as lair appeal to me on the ext ediency Sd
exercising Constitutional pow er which 10
think exists. 10 response to such appeal. ir
baVe to say it gave me pain when sarn. re
that Mr. VsllaDdigham had been arrest A
j, that is was panied that there should
ave seemed to be necessity for arresting u
I'm, and that it will afford me great plea
Ire TO discharge him so soon as can, by
ly means, believe the public safety will
ot suffer by it."