Delaware State journal and statesman., 1863-06-19
President Lincoln on Arbitrary
Arrests.


THE PRESIDENT, THE DEMOCRACY, AMI
MIR. VALLANDlGllAM.
The President Of the United States, in answe
to memorial Of the meeting held at Albany OF
MAY 10th, to protest against the seizure aud con
hnenent of Mr. Vallaudgham, has addressed u
remarkable letter to Hon. Erastus Corning ami
other representatives Of the meeting. The resO
buttons Of this meeting declare that Democrats
are determined, in despite Of adverse and dis
Learteniug circumstances, to devote every energj
to sustain the cause OF Union. aud to secure
peace through victory, but demand that the
Administration shall be true to the Constitution
and everywhere outside Of the lines Of necessary
military occupation, exert all its powers to main
tain the supremacy OF civil over military law.
The Presidents reply, characterized by his we'll
known sincerity, answers the question of the
necessity, consilulionality, aud patriotism Of
bis acts;
Executive MANSION,
Washington Juae II, 1868.
hon. Erasias Corning and Others:
GsHrLEMEN Your letter OF May 10, enclosing
the resolutions OF ublie meeting held at Al
bauy New York, on the 10th OF the same mouth,
was received several days ago.
The resolutions MS under, land them, are re-
soyahle into two prOposltions-iirst, the express
sion of purpose to sustain the cause Of the
Union, to secure peace through victory, end to
support the administration in every constitution
al aud lawful measure to suppress the rebellion ;
and second y, declaration Of censure upon
the administration for supposed unconstitutional
notion, such Ms the making of military arrests
Aud, from the two propositions, hind is de-
duccd, which is that the gentlemen composing
The meeting are resolved ou doing their part 10
maintain our common government aud country,
despite the OllY or wic&c,iness MS they may con
ceye Of any administration. This position is
a .fl f1.a.
meeliug null congratulate the nation for it, My
own purpose is the sunc SO that the meeting
and myself have II common hieet, aud eau have
no difference, except in he choice Of means or
measures for eleotirg hat object.
and here gu. ht To close this paper, and would
close it, If there Nns 10 apprehension that more
injurious consequences than any mel ely personal
to myse ight follow tie ccusures systelnatcal-
ly cast upon me fer doing Nhnt, in my view of
duty, | could not lorhtnr The resolutions
promise 10 support me in every constitutional
and lawful MEASURE 10 suppress the rebellion
and have not knowingly employ cd, nor shall
knowingly employ, any other But the meeting,
by their resolutions assert aud argue Tint certain
military arrests, and proceedings following them,
for winch mn ultimately rep, naihle, are uncOn-
stilulional think they ARE not The resolutions
quote from the Constitution the definition Of
treason, nnl also the limiting safeguards and
guarantees therein provided Tor liis citizen on
trials Tor treason, and VA his heug hcld to
answer for capital or otherwise iul,mUus crimes,
and, in criminal prosecutions, bis right to n
speedy and public lrinl by mn impartial Jury
They proceed to resolve "lhgt these snlegGaTds
ofthe rights Of the citizen against the preten-
s,ons of arbitrary power were intended more
especially for his protection in times rt civil com
NOTION" And, apparently 10 demonstrate the
proposition, tho resolutions proceed: "lhey
were secured substantially 10 The English people
after years Of protracted civil war, and were
adopted into our Constitution at the close of the
revolution" Would not the demonstration have
been better, if ii could have been truly enid that
these safeguards had been adopted aud applied
during the civil wars and during our revolution,
Instead after the one at the close of the other I?
J. too, am devotedy for them after civil war, and
before civil war, and at all times, except when,
in cases of rebellion or invasion, the public
safety may require" their suspension The
resolutions proceed to tell u thht these Haft-
guards "have stood the test Of styenty-six years
Of trial, under our republican system, under
circumstances which show that while they con-
stitute the foundation OF all free government,
they are the elements of the enduring stability
Of the republic" No one denies that they
have so stood the test up TO the beginning Of
the present rebellion, ii we except certain &c
currence Mt New Orleans nor does any ont
question that they will stand the same test much
visions Of the Constitution have no application
TO the case we have in hand because the arrest
complained of were not made for treason-tho
is, not for the treason defined in the Constitution
aud upon the conviction of which the punish
ment is death-nOf yet were they made to hol,
persons to answer for any capital or otherwis
Infamous crimes; nor were the proceeding
following, in any constitutional or legal sense
criminal prosecutions" The arrests were mad
on totally different grounds, and the proceeding
following according with the grounds of III
arrests. Let us consider the real case will
which we are dealing aud apply to il the part
OF the Constitution plainly made for such cases
Prior to my installation here it Ind been in
culcated that any State had lawful right
secede from the national Unicn, and that it wi
be expedent to exercise tue right Whenever th
devotees of the doctrine should fail te elect
President to their own liking | was elccte
contrary to their liking; and, accordingly,
far as It was legally possible, they Ind take
seven States out Of the Union, had seized mov
ul the United States forts, and had fired upon If
United States nag, all before was inaugurate,
aud of cOurss, before hnd done any official n
whatever. The rebellion thus began soon IA
into the present civil war and, in cerlnu IT
spects it began on very unequal terms betwe,
tue parties. The insurgents had been preparin
Tor It more than thirty years, while the COVER
lnent had taken no steps to resist lhem. III
luIher huu carefully considered all the meal
which could be turned to their account.
undoubtedly was d wellpouderel reliance wi
them that III their own unrestricted efforts
destroy Union, Constitution, aud law, all
gether, the government would, in great degr,
be restrained by the same Constitution aud Ii
from arresting their progress Their SYM
thizers pervaded all departments of the COVER
meht aud nearly all communities OF the Peep
From this material, under cover Of elderly
Speech" elderly Of the PRESS" aud shah
corpus they hoped TO keep on foot amongst u
most efficient corps of spies, inlormers, supple
and aiders and abeitors Of their cause in
thousand ways They knew taai in times st
as hey were inaueumtiug, BY the Cuhstitut
Itself the "habeas corpus" might be Suspend,
but they also knew they had friende who wo
make question to rho WAS 10 suspend
meanwhile their spies and othria might rem
Of large to help Oh their CANS Or IT,, AS
Happened, the Executive should suspend
writ, without ruinous waste Of tune, Instance
arresting innocent persons might occur, as
always likely to occur in such cases and 1
clamor could be raised in regard to /
which might be, at least, Of some service to
insurgent cause. 1t needed no very keen pre-
zion to discover this part Of the enemy's
grpmme, so soon Gs by open hostilities /
laAchinery was fairly put in motion.
norougly imbued with a reverence for the q
inteed rights Of individuals, was slow to a
strong measures which by degrees
sed to regard as being within the ex
Constitution, and as indispensab
Nothing is better know
'ur,s Of justice are utterly
Civil enurta are or