Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-07-16

ment to effect change Of policy in the
constitutional mode is at an end The
freedom Of speech and of the press is in
dispensabie, and necessarily incident to
the nature Of popular government itself.
] any Inconvenience or evils arise from
its exercise, they are unavoidable.
On this subject you are reported to
have said, further:
1t Is asserted in substance, that Mr.. Vdllandig.
ham was, by a military commander, seized and
tried for no other reason than words addressed to
q public meeting in criticism Of the course Of the
AdminiStration, and in condemnati2n Of the mil
itary orders Of the general" Now, If thote be no
mistake about this, if there was no other reason
for the arrest. then cOnccde that the arrest was
wrong. But the arrest, | understand was made
for very different reason. Mr.. Nalandigham
ayows his hostility to the war on the part Of the
Union and his arrest WIS made because he was
laboring, with some effect, TO prevent the raising
of troops. to encourage desertion from the army,
and to leave the rebellion without an adequate
military force to suppress it, llo was not arrested
because he damaging the poll cal prospects Of
the Administration or the personal interests OF the
J ging the army, upon the existence and vg0r Of
which the life of the nation depends. lie was war
eonsti iutiona jurisdiction to lay hands upon him.
| II Mr.. Nallandgham was not damaging the mill
tary power OF the country. then. his arrest wa;
made ON mistake Of lncts, which would be glad
to correct ON reasonable satisfactory evidence.
In answer to this, permit us to say,
first, that neither the charge nor the spec
ilicatons in support of the charge on
which Mr.. Vallandigham was tried, i'm
pute to him the act Of either laboring to
prevent the raising Of troops, or to en-
courage desertions from the army. Sec
ondly, no evidence on the trial was offer
ed with a view to support any such
charge. In what instance, and what act,
did he either discourage enlistments or
encourage desertions in the army? Who
is the man who was discouraged from
enlisting, and who encouraged to desert,
by any act of Mr.. Vallandigham -? If it
be assumed that perchance some person
might have been discouraged from enlist
ing, or that some person might have been
encouraged to desert, on account OF hear
ing of Mr.. Vallandigham's views as to
the policy of the war as means of res
toring the Union, would that have laid
the foundation for his conviction and
banishment? If so, upon the same
grounds every political opponent of the
E Mexican war might have been convicted
and banished from the country. When
gentlemen Of high standing and extern
sivc influence, including your EXcellen-
cy, opposed, in the discussion before the
people, the policy of the Mexican war,
> were they "warring upon the military
and did this "give the military constitu
tioual jurisdiction to lay hands upon
them And, finally, the charge in th
specification upon which Mr.. Vallandig
ham was tried entitled him to trial be
= fore the civil tribunals, according to tn
= express provisions Of the late acts Of Con
u u gress, approved by yourself, July 17th
. 1862, and March 3D., 1868, which wer
= manirestly designed to supercede all ne
: cessity or pretext for arbitrary military
;, arrests.
u The undersigned are unable to agro'
with you in the opinion you have ex
:, pressed, that the Constitution is differen
y in time of insurrection or invasion from
r what it is in time of peace and public Sc
: curity. The Constitution provides TO
= no limitation upon or exceptions to tn
guarantees OF personal liberty, except a
to the writ of habeas corpus. Has the
, President, at the time Of invasion or in
70 surrection, the right to engralt limitation
g or exceptions upon these constitutions
: ! guarantees, whenever, in his Judgment
>, the public safety requires it? True it Is
y the article Of the Constitution which de
,, fines the various powers delegated t.
i Congress, declares that "the privilege c
~ ~ the writ of habeus corpus shall not b
" suspended unless where, in cases of re
10 bellion or invasion, the public safety ma
- Rnt thic ilipotinn n
. limitation upon this restriction upon tn
=, powers of Congress, has no reference t
~ ~ or connection with the other constitution
10 al guarantees of personal liberty. e.
. punge from the Constitution this limiti
tion upon the power of Congress to su'
pend the writ of habeaS corpus, and "
=, the other guarantees of personal liber'
~ would remain unchanged.
Although man might not have col
, ed stitutional right to have an immedia
ar. investigation made as to the legality
ms his arrest upon habeds corpus, yet h
"right to speedy and public trial by {
m impartial jury of the State and distri
he wherein the crime shall have been col
NE mitted," will not be altered; neither W
'ea hii right to the exemption from ''crl
lie and unusual punishments;" nor his rig
ue to be secure in his person, houses, papC
IT. and effects, against unreasonable scare
nd es and seizures; nor his right not to
mt deprived of life, liberty or property wit
,h out due process Of law; nor his right II
he to be held to answer for capital or OF
wn erwise infamous ofiense, unless on pl
ost sentiment or indictment Of grand jur
IN be in any wise changed. And certain
out the restriction upon the power of Cc
'Ve gress to suspend the writ of haJeas corp'
an in time of insurrection or inyasion, col
aiy not affect the guarantee that the freedC
IN of speech and of the press shall not
ON abridged. 1t is sometimes urged Il
m the proceedings in the civil tribunal
ION too tardy and ineffective for cases arisi
sec in times of insurrection or invasion. /
or full reply to this to say, that arrests
Inc civil process may be equally as expe
SO, tious and effective as arrests by milit'
u,o orders. True, summary trial and p'
uit ishment are not allowed in the ci
on courts. But if the offender be under
Dc rest and imprisoned, and not entitled
zen discharge on writ of habeas corpus,
pie fore trial, what more can be required
on the purpose of the Government
idea that all the constitutional puarant