The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1863-08-05

We have already printed the paper ad
dressed to the President of the United
States by the Ohio committee of Nineteen,
demanding the return of Mr.. V VALLANDIe-
HAM from exile. Below we publish the
Presidents reply and the committee's re-
tjoinder.
THE REPLY OF THE PRESIDENT.
WASHINGTON, D. c., June 20, 63
GENTLEMEN:-The resolutions of the
Ohio Democratic State Convention, which
| you present me, together with your intro
ductory. aud closing remarks; being in
Epositionp and argument mainly the same as
the resolutions Of the Democratic meeting
at Albany, New, York, i refer you to my
tresponse to the latter as meeting most OF
1.-The points Of the former. This response
you evidently used in preparing your re-
marks, and desire no more than that it
be used with accuracy. In asingle read
ling of your remarks, only discovered
one inacceuraey in matter which Isuppose
you took from that paper. 1t is where
you say, "the undersigned are unable to
agree with you in the opinion you have
expressed that the Constitution is differ
Eent in time Of iusurrection orinvasion from
what itissin time Of peace and public Sc
fcurity. s'a5.a5s. .''.lH
| a recurrence to the paper will show you
that | havehot expressed the epinion you
tsuppose. i expressed the opinion that
T the Constitution is different IN its applica-
lion in cases of rebellion or invasion, IN
volving the public safety, from what it is
in times of profound peace and public Sc
eurity; and this opinion | adhere to, sim
fply because by the Constitution itself,
things may be done in the one case which
may not be done in the other, --..-.-.,
l dislike to waste word on q merely
personal point, but nlu St respectfully as
sure you that you will find yourselves at
/ fault should you ever seek for evidence to
prove your assumption that I"'opposed in
| discussion before the people the policy OF
the Mexican war.
You say; tExpunge from the Consti-
tuition this limitation upon the power OF
Congress to suspend the writ OF habea.
corpus, and yet the other guarantees Of
personal liberty would remain unchanged
Doubtless il this clause of the Constitution
improperly called as / think limitation
upon the power Of Congress, were expun.
ged, the other guarantees would remain
1.-The same; but the question is, not how those
guarantees would stand with the clause
fouT of the Constitution, but how they
stand with that clause remaining in it, ii
cases Of rebellion or Invasion, involving
the public safety Ifthe liberty could be
in .ulged ofic1punging that clause, letter
land spirit, L really think the constitution.
| al arg unent would be with you.
My general view on this question wa!
stated in the Albany response, and hence
/ do not state itnow. | only add that, a,
seems to me, the benefit of the writ o.
haJeas corpus, is the great means through
which the guarantees of personal Rborty
fare conserved and made available in tn,
| last resort; and corroborative of this view
Eisltbe fact, that Mr. v Fallandigham in ths
very ease in question, under the advice o
able lawyers, saw not where else to go
but to the ihabeas corpus. But by tht
Constitutiona the benefit Of the writ o
habeas corpns itself may be suspende,
when in cases ofrcbellion and invasion tn,
4public safety may require it.@6 to1 p
19a You ask in substance whether l realll
claim that I'may override all the guaran
teed rights of Individuals, on the plea O
Econserving the public safety-when / ma,
choose. to say the public safety require.
it. This question, aiyested of the phrase
tplogg caleulated,te represents meas strug
/ Cling ioran arbitrary personal prerogatiye
lis either simply aquestion who shall de
| eide, or ain affirmation that nobody shal
decide, " hat the pu b licisafety does requir,
in ease of rebel ellien or invasion. Th'
Constitution eonte nplates the question Al
likely to-oeeur for decision, butt does no
Tex pressly declare who is to decide it. b,
necessary Implication, when rebellion o
9invsision comes, the decision is to be made
4fi ON tinte t6i time, and think the maj
7 whom, ,for4 h e TIME, thepeorie have, unde
1.-THE Constitution, nfade the Commander
'1iu- Chief Of their Aruiys and Navy, is tn
man who holds the power and bears tn
responsibility of making it. Ii he use
1.-THE power Justly. 4iie same people will
fprobably Justify him; if he abuses it, he i
Yin their hands, sto'be dealt with by all l.th
modes they have reserved to thcmselve
ffn tue NOifStftullOn. = - As go . A'eff
The earnestness with which you insis
! that persons can, only in times of rebellion
Ibe lawfully dealt with, in accordance wit
! the rules for criminal trials. and punish
ncnts in times Of peace, induces me to adj
a word to what / said on that point in tn
Albany 8responso. Foa claim that me
dmay, it they choose, rembarrass thos
whose duty it iseto. combat d giant rebel
I lion and then be, dealt withaonly in turl
i as if thereiwere no rebellion. The Con
Observation-Disclosures this view. The mil
J itary arrests and adetentions which hav
I been made, including those of Mr.. Val
jlandigham, which are not differentin prin
lcipie from the other, have been for pre-
tventioh, and not for punishment-as in
functions to stay iniary--as proceeding
2 Ito. keep the peacc--and hence, likeIpro
beeedings in such cases and for like reasons
tthey have not becn accompanied with in
1dietmeuts, or trials by juries, nor. in
JEsingle case. by any punishment whatexe
beyond what is purely Incidental to tn
preyention, The original sentence of i'm
prisonment in Mr. Vallandigham's cas-