Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-07-16
LETTER FROM PRESIDENT LINCOLN.
WAsHINGToN, JUNE 80, 1868,


Pendleton George l., Converse, Hanz, p Noble James
Il. Morris w. A. Hutchius, Abner l.. Backus, J. f.
Mckinney, p. c. LeBlond, Louis Schaeer:
GENTLEMEN; The resolutions Of The Ohio Democratic
State Convention, which you present together with
your Introductory and closing remarks, beng position
and argument mainly the the resolutions Of the
Democratic meeting at Albany, New York, refer you to
my response to the latter meeting most Of the points in
the former.
This response you evidently used IN preparing your re-
marks and desire than tnat it be used with
curacy. la single reading Of your remarks, only dis
covered inaccuracy in matter which suppose you
took from that paper 1t is where say Thc under
signed unable to agree with you the opinion you have
expressed that the Constitution different in time of in
surrection invasion from what it is in time of peace and
public security
recurrence to the paper will show you that have not
expressed the opinion you suppose expressed the opn
ion that the Constitution is different IN us application in
cases of rebellion or INVASION involving the public safety
from what it is in times of profound peace and public
curty and this opinion adhere to- simply because by the
Constitution itself things may be done in the
which may not be done in the other.
dislike TO waste word merely personal point,
but must respectfully you that you will find your
selves at fault should you seek for evidence prove
your assumption that opposed in discussions before the
| people the policy of the Mexican war"
You say: Expunge from the Constitution this limita
ton upon the power of Congress to suspend the writ of
habeas corpus and yet the other guarantees OF
liberty would unchanged Doubtless if this clause
of the Constitution improperly called, think, lmi
taton upon the power of Congress, expuDged the
other guarantees would remain the but the question
how those guarantees would stand with that clause
of the Constitution but how they stand with that clause
naming in it, in of rebellion INVASION involving the
public safety If the liberty could be INDUCED in expung
ing that clause letter and spirit really think the const
tutiona argument would be with you
My general view this question stated in the Al
bany response and hence do not state it l only
81 mat hn nf nj hah
corpus the great through which the guarantees
of personal liberty conserved and made available in
the last resort and corroboraVe Of this view the fact
that Mr. Nalandigham in the very in question,
der the advice of able lawyers not where else to 90
but to the habeas corpus But by the Constitution the
benefit of the writ of habeas corpus itself may be suspend
ed when, OF rebellion INVASION the public safety
may require it.
You ask, in substance whether l really claim that
may override all the guaranteed rights Of individuals
the plea of conserving the public safety-when may
chose to say the public safety requires it, This question:
Invested of the phrassoogy calculated to represent
struggling for arbitrary personal prerogative is either
simply question uho shall decide, affirmation that
nobody shall decide what the public safety does require
cases Of rebellion or invasion. The Constitution
templates the question likely to occur for decision
but it does not expressly declare who is to decide it,
| BY necessary Implication when rebellion or invasion
comes the decision is to be made, from time to time and
think the man whom, for the time, the people have
under the Constitution made the commandern.chef of
their army and navy is the who holds the power and
bears the responsibility of making it, If he the
if he abuses it, he is in their hands, to be dealt with by all
the modes they have reserved to themselves in the Con-
stituton
The earnesness with which you insist that persons can
only in times of rebellion be lawfully dealt with in &C.
cordance with the rules for criminal trials and punish
mens in times of peace induces to add word to what
said on that point in the Albany response. You claim
that may if they choose, embarrass those duty
it is to combat giant rebellion and then be dealt with
only in turn as if there were rebellion The Consttu
on itself rejects this view. The military arrests and de-
tentions which have been made, including those of Mr.
/ Valandgham which not different in principle from
the other have been for preoeaton and not for punish
ent-as iDunctons tn stay injury, proceedings keep
the peace-and hence like proceedings in such and
for like reasons, they have not been accompanied with
indictments or trials by jures, in single by any
punishment whatever beyond what purely incidental TO
the prevention The original sentence Of imprisonment in
Mr. Valandighams to prevent injury to the mill
tary service only, and the modification of it made
less disagreeabe mode to him Of securing the pre-
vention
unable to perceive an insult to Ohio in the case of
Mr.. Valandgham. Quite surely nothing of this sort
| or is intended. / wholly unaware that Mr.. Vaau-
dgham was at the time of his arrest candidate for the
Democratic nomination for Governor until informed
by your reading to the resolutions of the Convention
grateful to the State of Ohio for many things espe
cay for the brave soldiers and officers she has given
the present national trial to the armies of the Union
You claim, as | understand, that according to my
position IN the Albany response, Mr. Vaandgham should
be released and this because you claim he has not
damaged the military service by discouragng nsments
encouraging assertions or otherwise and that if he had
under the recent acts of Congress- certainly do not
now that Mr. Valandgham has specifically and by direct
language advised against enstments and in favor of de-
seron and resistance to drafting We all know that
binatons, armed in instances to resist the arrest of
deserers began several months ago that recently
the like has appeared IN resistance to the enrolment pre-
paratory to draft and that quite number of assassna
tons have occurred from the anmus These had to
be met by military force and this again has led to blood
shed and death. And now, under Of responsibility
more welghty and enduring than any which merely c.
cia solemny declare my belief that this hndrance of the
military, including manning and MURDER is due to the
course IN which Mr. Valandgham has been engaged, in
greater degree than any other and it due to him
personally IN greater degree than to any other
These things have been notorious known to all and Of
course known to Mr. Valandigham. Perhaps would not
be wrong to say they originated with bis especial friends
and adheents With perfect knowledge Of them he has
frequently, If not constantly made speeches in Congress
and before popular assemblies and il it be shown
that with these things staring him in the face he has
uttered word OF rebuke counsel against them, it will
be TACT greatly in his favor with and Of which,
as yet am totally ignorant When it is known that the
whole burden of his speeches has been to stir up
against the prosecution of the war and that in the midst
OF resistance to 1t he has not been known any instance
to counsel against such resistance il is impossible
to repe the inference that he has couuseed directly in
favor of it.
With all this before their eyes, the Convention you
represent have nominated Mr. Vaandgham for Governor
Of Ohio and both they and you have declared the purpose
to sustain the National Union by all constitutional means
But OF course, they and you, in common reserve to
yourselves 10 decide what constitutional and
unlike the Albany meeting you omit to state intimate
lhat IN your OPINION an army is constitutional means Of
saving the Union against rebellion to intimate
That you are conscious Of existing rebellion being in pro-
gress with the avowed object Of DESTROYING that very
n ia anna fpna e.