The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1863-06-26
THE PRESIDENTS LETTER.
Military Arrests, Habeas Corpus, 81

Military Arrests, Habeas Corpus, &c
The following .etter from President Lin,
coin. TO Erastus Corning and Others, whC
sent him the resolutions adopted at a publ,
meeting at Albany y. u. relative to the ar
rest of Eallandigham, is too important to ad
nit Of abridgement. Its direct ard clear
discussion of the subject will be appreciated
by all whose understandings are rot hope
lessly beclouded by party prejudice.
EXECUTIVE MANSION.
WASHINGTON, June II, 1868.
lion ETaaWS Corning, and others:
Gentlemen Your letter of May 10, en-
closing the resolutions of public meeting
held IN Albany, y. Y, IN the 10th of the
same month. was received several days ago.
The resolutions, as understand them, are
reso'vable into propositions-first, the ex-
preston of purpose 10 sustain the causr
OF the Union, TO secure peace through victo-
ry, and to support the administration in
every constitutional and lawful measure to
suppress the rebellion; and secondly, dec
iaratlon of censure upon the administration
for supposed unconstitutional action, such
IS the making of military arrests. And
from the two propositions third is deduced,
which is, that the gentlemen composing
the meeting are resolved on doing their
part to maintain our common government
and country. despite the folly or wick
edness, as they may conceive, of any admin
lStration. This position is eminently patri-
Otc, and as such | thank the meeting, and
congratulate the nation for it. Ny own pur-
pose is the same: so that the meeting and
myself have common object, and can have
no difference. except in the choice of means
or measures for etfecting that object.
And here | ought to close this paper, and
wouli close il, if there were no apprehen-
SiOns 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. could not
torbear. The resolutions promise To support
HE in every constitutional and lawful meas
IRE 10 suppress the rebellion; and have not
knowingly employed, nor shall knowingly
employ any other.
But the meeting, by their resolutions. as
sert and argue that certain military arrests
and proceedings following them, fer which |
am ultimately responsible, are unconstitu-
tlonai. think they are not. The resolu-
tlonS quote from the constitution the deini-
milton OF treason, and also the limiting safe
guards and guarantees therein provided for
the citizen on trial for treason, and on his
being held TO answer for capital or other in
famous crimes, and in criminal prosecutions.
his right TO a speedy and public trial by an
impartial jury. They proceed to resolve
"tnat these saufeguards of the rights of the
citizen against the pretentions of arbitrary
power were intended more especially for his
protection IN times of civil commotion."- y
And apparently TO demonstrate The PROPOSE
ton, the resolutions proceed, they were Sc
cured substantially 10 the English people af-
ter wears Of protracted civil war, and were
adopted into our constitution at the close of
the Revelation" Would no, the demonstra-
ton have been better if it could have
been truly sad that these safeguards had
been applied during the civil wars and dur
ing our Revolution, instead of after the one
ana AZ the close of the other? |, too, am
Ieyotedly Tor them after civil war, and before
civil war, ana at all times, d" except when, in
case OF rebellion and invasion, the public
safety niay require their suspension The
resolutions proceed TO tell US that these safe
guards " have stood the test of seventy-six
years Of trial, under our republican system.
under circumstances which show that while
they constitute the foundation of all free
ernment, they are the elements of the
enduring stability of the republic" No one
denies that they have so stood the test up {,
the bislnning of the present rebellon,.if we
except a certain occurrence 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 10 application TO the
case We have IN hand, because the arrests
complained of were not made for treason
that is. nC; for the treason defined in the
constitution, and upon the conviction of
which the punishment is death nor vet were
they made TO hold persons TO answer for any
capital or otherwise infamous crimes; ncr
were the proceedings following, in anv con-
stliutlonal or legal sense " criminal prosecu-
TONS" TIE arrests were made on totally
different grounds, and the proceedings fol-
lowing accord with the grounds of the ar
rests.
Let us consider the real case with which
We are dealing, and apply to it the parts of
the constitution plainly made for such cases.
Prior TO my installation here it had been
lneuicated that any state had a lawful right
10 secede from The national Union, and that
1t would be expedlent to exercise the right
whenever the Gevotees of the docnlae should
fail TO elect President TO their ,wn liking
was elected contrary 10 their liking; and
according I.y. SO far as it is legally possible,
they had taken seven states out of the Union.
had sized many of the United States forts.
and had fired upon the United States flag, all
before L was lnaugurated, and, OF course, be-
tore L had done any official act Whatever
ihe rebellion thus beugun soon ran into the
present civil war and, in certain respects, il
began on very unequal terms between the
parties. The insurgents had been preparing
for 1t more than thirty years, while the gov
eTnment had taken no steps 10 resist them.
Inc former had carefully considered all the
means which could be turned TO their ac
count. 1t undoubtedly was a well-pond.red
reliance with them that in their own unre-
stricted efforts to destroy Upion, Constitu-
lion and law, all together, the government
would, IN great degree, be restrained hy
the same constitution and law from arresring
their progress. Their slmpathizers pervad-
ed all departments VI the government and
nearly all communities of the people. From
this material, under cover of liberty of
speech" liberty of the press" and ~habeas
corpus they hope TO keep un foot auony.r
US most efficient corps of spies, informsr..
supplies, and aiders and abet;ors of their
cause in thousand ways. They knew tai