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


Gus interference with the raising aud sup
plying of armies to suppress the rebellion,
as where the rebellion may actually be; as
well where they may restrain the enticing
men out of the army, as where they would
prevent muliny in the army; equally con
! stitutional at all places where they will con-
duce to the public safety, as against the
! dangers of rebellion or invasion. Take the
particular case mentioned by the meeting
1t is asserted, In substance, that Mr..
Vallandigham was, By a military comman-i
! der, seized and tried ''for no other reason
than words addressed to a.publc meeting,
IN criticism of the course of the Administra-
ton, and in condemnation of the military
orders of the General" Now, if there be
no mistake about this, if this assertion is
the truth and the whole truth; if there was
no other reason for the arrest, then l con
cede that the arrest was wrong. But the
arrest, as l understand, was made for a very
different reason. Mr.. Vallandigham avows
his hostility to the war on the part of the
| Union; and his arrest was made because he
was laboring, with some effect, to prevent
the raising Of troops; to encourage deser-
tons from the army; and to leave the rebel
lion without an adequate military force to
suppress it, He was not arrested because
he was damaging the political prospects. of
the administration, or the personal interests
of the commanding general, but because he
was damaging the army, upon the existence
and Vigor of which the life of the nation
depends. He was warning upon the mill
tary, and thus gave the military constitu-
tional jurisdiction to lay hands upon him.
II Mr.. Vallandigham was not damaging the
military power of the country, then, his ar
rest was made on mistake of fact, which l
would be glad to correct on reasonably sat
isfactory evidence. .. nh as-.
understand the meeting, whose resolu-
tons am considering, to be in favor of
suppressing the rebellion by military force
by armies. Long experience has shown
that armies cannot be maintained unless
desertion shall be punished by the severe
penalty of death. The case requires, and
the law and the Constitution sanction, this
punishment. Must shoot simple minded
soldier boy who deserts, while l must not
touch hair of a willy agitator who induces
him to desert? This is none the less iniu-
rious when effected by getting father, a
brother, or friend, into a public meeting,
and there working upon his feelings until
he is persuaded to write the soldier boy
that he is fighting in bad cause, for a
wicked administration of contemplate
government, too weak to arrest and punish
him if he shall desert. think that in such
a case to silence the agitator and save the
boy is not only constitutional, but a great
mercy withal. 7i#5
If be wrong on the questiOa of oonstitu-
tional power, my error lies in believing that
certain proceedings are constitutional when,
in cases of rebellion or invasion, the public
safety requires them, which would not be
constitutional when, in absence of rebellion
or invasion, the public safety does not require
them; in other words, that the Cons THU ton
is not, in its application, in all respects the
same, in cases of rebellion or invasion in
volving the public safety, as it is in times of
profound peace and public security The
Constitution itself makes the distinction;
and can no more be persuaded that the
f Government can constitutionally take no
strong measures in time of rebellion, because
it can be shown that the same could not be
, lawfully taken in time of peace, than I can
, be persuaded that particular drug is not
. good medicine for sick man, because it can
be shown to not be good food for well one
Nor am able to appreciate the danger ap
: pretended by the meeting that the American
: Leople will, by means of military arrests dur
t ing the rebellion, lose the right Of public
discussion, the liberty of speech and tn
5 press, the law of evidence, trial by jury
| habeas corpus, throughout the indetinit
peaceful future, which trust lies befor
: them, any more than I am able to beiev,
lithat a man could contract so strong an ap
petite for emetcs during temporary illness a
-. In he "a
i mainder of his healthful lie. 80 .-.s.
i In giving the resolutions that aearnes
q consideration which you request of me,
d cannot overlook the fact that the meetin
: speak as democrats Nor can l, wit
j full respect TO- their known intelligence
II and the fairly presumed deliberation Wit
/, which they prepared their resolutions, b
: permitted to suppose that this occurred b,
e accident, or in any way other than they pre-
t ferred to designate themselves 'demoerats'
e rather than American citizens" In thi
) time of national peril would have preferre'
: to meet you upon level one step hIghe
+ than any party platform; because L am sur
: that, from such more elevated position, W
l could do better battle for the country we a
I love than we possibly can from those lowe
" ones where, from the force of habit, tn
lpreiudices of the past, and selfish hopes {
i the future, we are sure to expend much {
y our ingenuity and strength in finding faul
a with, and aiming blows at, each other Blu
i since you have denied me this, / viii yet B
,r thankful. for the country's sake, that not a
,ysdemocrats have dons so. He on whose dii
le cretionary judgment Mr.. Vallandighsm va
y arrested and tried is democrat, having n
- old party affinity with me; and the judg
t. who rejected the constitutional yieWexpresl
lie ed In these resolutionss by refusing 10 di