The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1863-06-19
the boy i. not only constitutional, but withal a

great mercy.
III be wrong on this question Unconstitutional
power, my error lies In believing that certain
proceedings are constitutional when, in cases
OF rebellion or invasion, the public safety 70.
quires them, which would not be constitutional
when, in absense Of rebellion or invasion, the
public safety does not require them In other
words, that the Constitution is not, in its APP
plication, in all respects the same, in cases OF
rebellion or invasion involving the public
safety, as II is in times Of profound peace and
public security. The Constitution itself makes
the distinction (; and can no more be persuaded
that the Government can constitutionally take
no strong measures In time Of rebellion, because
il can be shown that the same could not be
lawfully taken in time Of peace, then can be
persuaded that particular drug is not good
for sick man, because II can be shown to not
be good food for we'll one. Nor am able to
appreciate the danger apprehended by the
meeting. that the American people will, BY
lose the right OF public discussion, the liberty
Of speech and the press, the law Of evidence,
trial by jury and habeas corpus, through
out the indefinite peaceful future, which trust
lies before them, any moro than | am able to
believe that man could contract so strong IN
appetite for emstics during temporary illness
as to persist in feeding upon them during the
remainder Of his healtbful life.
In giving the resolutions that earnest consid-
Grafton which you request Of me cannot over.
look the fact that the meeting speak rs "Demo-
Gratis" Nor can I, with full respect for their
known intelligence, and the fairly presumed
elaboration with which they prepared their
resolutions, be permitted to suppose thst this
occurred by accident, or in any way other than
that they preferred to designate themselves
democrats" rather than American citizens"
In this time of national peril would have pre-
ferred to meet you upon level one step higher
than party platform; because am sure that,
from such more elevated position, we could
do better battle for the country We all love
than we possibly can from those lower ones
where, from tho force OF habit, the prejudices
Of tho past, and selfish hopes Of the future, VIC
are sure to expend much Of our ingenuity and
strength in finding fault with, and aiming
blows at, each other. But, since you have
denied me this, will yet be thankful, for the
country's sake, that not oil Democrats have
done so. He on whose discretionary judgment
Mr.. Vallandigham was arrested and tried is
Democrat, having no old party affinity with
me and the judge who rejected the Constitu.
tional view expressed In these resolutions, by
refusing to discharge Mr.. Vallandingham on
hd6eas corpus is Democrat ofbetter days than
these, having received his judicial mantle at the
hands Of President Jackson. And still more,
of all those Democrats who are nobly exposing
their lives and shedding their blood on the
battlefield. l have learned that many approve
the course taken with Mr.. Vallandingham,
while have not heard OF q single one con-
demung il cannot assert that there arc
none such. And the name of President Jack.
son recalls an instance Of pertinent history
After the battle Of New Orleans, and while the
fact that the treaty Of peace had been concluded
was well known in the city, but before official
knowledge of it had arrived, General Jackson
still maintained martial or military law. Now,
that II could DO said the war was over, the
clamor against martial law. which had existed
from the first, grew more furious. Among
other things Mr.. Louaillier published de-
nuciatory newspaper article. General Jackson
arrested him. lawyer by the name OF Morcl
procured the United States Judge Hall to order
a writ of ha6sas corpus to relieve Mr. Louaill
Ter. General Jackson arrested both the law
yer and the judge. A Mr.. Hollander ventured
to say of some part of the matter that sit was
n dirty trick" General Jackson arrested him.
When the officer undertook to serve the writ
ofkabsas corpus. General Jackson took 1t from
him. and sent him away with copy. Hold
ing the Judge in custody few days, the gen.
eral sent him beyond the limits Of his encamp-
ment, and set him at liberty, with IN order to
remain till the ratification of peace should be
regularly announced. or until the British should
have left the Southern coast. A day or two
more elapsed, the ratification Of the treaty OF
peace was regularly announced, and the judge
and others were fully liberated. A few days
more, and the judge called General jackson
into court and fined him q thousand dollars for
having arrested him and the others named.-l
The general paid the fine, and there the matter
rested for nearly thirty years, when Congress
principal and interest. The late Sem
ator Douglas, then in the House OF Representa-
tives. took leading part in the debates, in
which the constitutional question was much
| am not prepared to say whom the
journals would show to have voted for tho
II may be remarked First, that We had the
same Constitution then as now secondly, that
we then had case of invasion, and now we
have case OF rebellion; and thirdly, that the |
permanent right of the people to public discus |
sion, the liberty Of speech and Of the press, the
trial by jury, the law Of evidence, and the ha- |
beas corpus, suffered no detrimcnt whatever by |
that conduct Of Gen. jackson, or its subsequent |
approval by the American Congress.
And yet, let me say, that in my own discre- |
ton do not know whether | would have or
iered the arrest Of Mr.. Vallandgham. While
canno, shift the responsibility from myself, |
hold that, rs general rule, the commander in |
the field is the better judge Of the necessity in |
my particular case. OF course, must prac-
lice general directory and rerisory power in |
The matter.
One of the resolutions expresses the opinion |
IF the meeting that arbitrary arrests will have
he effect to divide and distract those who should
DO united in suppressing the rebellion, and |
I'm specifically called on to discharge Mr.. VAL
andigham. | regard this as, at least, fair
appeal to me on the expectancy OF exercising
constitutional power which think exists. In
response to such appeal have to say. 1t gave
me pain when learned that Mr.. Vallandigham
lad been arrestcd-that Is, was panied that
here should have seemed to be necessity for
srresting him-and that Il will afford me great
pleasure to discharge him so soon rs can, by
my means. believe the public safety viii not
suffer by Ii. further say, that as the war pro-
crosses, IL appears to me, opinion and action.
which were in great confusion Mt first, take |
shape and fall into more regular channels, so
that the necessity for strong dealing with them
gradually decreases. l have every reason to
desire that IL should cease altogether, and far
rom the least is my regard for the opinions
,ud wishes Of those who, like the meeting Mt |
Albany, declare their purpose to sustain the
Government In every constitutional and lawful
measure tosurpress the rebellion. Still, must
continue To do so much rs may seem to be re-
luired by the public safety.
A. LINCOLN.
-
!"