The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1863-07-04
WAsHINGToE, June 12, 1861

:
| GENTLEMEN: Your letter of Nav 10, in
closing the resolutions of public meeting
! held at Albany, New York, on the 10Th of
the same month, was received several days
ago
The resolutions, as l understand them, are
receivable into two ropositions-frst, the
expression of purpose to sustain the cause
| of the Union, to secure peace through vic
tory, and to support the administration in
every constitutional and lawful measure to
suppress the rebellion; and secondly, dec
| laration of censure upon the administration
for supposed unconstitutional action. such
as the making of military arrests. And from
the TWO propositions a third is deduced,
which is, that the gentlemen composing the
meeting are resolved to 90 their part in sus-
tanning our common Government and coun
try, despite the wickedness. IS they may
conceive, of any administration. The posi-
ton Is patriotic; and as such, | thank the
meeting for it. Ny own purpose is the
same; so that the meeting and myself have
common object, and can have no differ
ence except in the choice of means and
measures for effecting that object.
! And here l ought to close this paper. and
would close it, if there we're no apprehension
that more injurious consequences than any
merely personal to myself might follow the
censures Systematically cast upon me for
doing what. IN my view of duty, l could not
forbear.
The resolutions promise to support me in
every constitutional and lawful measure to
suppress the rebellion; and have not
knowingly employed, nor shall knowingly
employ. any other. But the meeting, by
their resolutions, assert aud argue that GER
tain military arrests, and proceedings fol-
lowing them, for which | am ultimately re-
eponsible, are unconstitutional. think they
are not. The resolutions quote from the
Constitution the definition of treason, and
also the limiting safeguards and guarantees
therein provided for citizens on trial tor
treason, and on his being held to answer for
capital or otherwise Infamous crimes, and,
in criminal prosecutions, his right to a
speedy and public trial by an impartial jury.
They proceed to resolve "that these safe
guards of the rights of the citizen against
the pretensions of arbitrary power were in
tended more especially for his protection in
times of civil commotion." And, appar
ently to demonstrate the proposition, the
resolutions proceed They were secured
substantially to the English people after
years of protracted civil war, and were adopt
ed into our Constitution at the close Of the
Revolution Would not the demonstra-
ton have been better if it could have
been truly said that these safeguards
had been adopted and applied during the
civil wars, and during our Revolution. in
stead of after the one and at the close Of the
other? I, too, am devoutly for them after
civil war, and before civil war, and at all
times except when in case of rebellion and
invasion, the public safety may require -
their suspension, The resolutions proceed
to tell Us that these safeguards have stood
the test of seventy-six years of trial, under
our republican system. under circumstances
which show that while they constitute the
foun lation 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, if we except certain &C.
currence at New Orleans; nor does any one
question that they will stand the same test
much longer after the rebellion closes. But
these provisions of the Constitution have
no application to the case we have in hand,
because the arrests complained of were not
made for treason-that is, not for the trea'
son defined in the Constitution, and upon
the conviction OF which the punishment Is
deatn-nor yet were they made to hold per
sons to answer for any capital or otherwise
Infamous crimes; nor were the proceeding;
following, in any constitutional and lega
sense, criminal prosecutions" The ar
rests were made on totally different grounds
e and the proceedings following accorded will
the grounds Of the arrests. Let US ooneide
the real case with which we are dealing, anC
apply it to the parts of the Constitution
S plainly made for such cases.
a Prior to my installation here it had beeI
inculcated that any State had lawful RICH
to secede flom the National Union, and tha
1t would be expedent to exercise the RICH
whenever the devotees of the doctrin
should fail to elect President to their lik
|. ing. / was elected contrary to their liking
) and accordingly, SO far as it was legal.
. possible, they had taken seven States out @
! the Union, had seized many of the Unite
IS States forts, and had fired upon the Unite
n States flag. all before / was inaugurated
4 and, of course, before / had done any oth
IS cial act whatever. The rebellion thus be
e gun soon ran into the present civil war; an
in certain respects, it began on very unequs
terms between the parties. The insurgeut
% had been preparing for 1t for more than .
years, while the Government had taken n
steps to resist them. The former had care
: fully considered all the means which coul
/, be turned to their account. It undoubted
n " was well-pondered reliance with ther
he in their own unrestricted efforts to destro
% Union, Constitution and law, altogether
Of that the Government would. in great d.
gree. be restrained by the same Constitutio
in and law from arresting their progress
" Their sympatbizers pervsded all depar