New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-07-09
THE CASE OF vALLANDfGHAM.
Reply Of tho President 20 she Ohio Com

lkn,,v
the resolution of the Democratic meeting al Aloany,
New York, refer you TO my response 10 tne 'as,;
as meeting most Of the points In the former ~ n
response you evidently used IN preparing yo" nsed
marks and desire no mole t6an thaI IL 20
with accuracy In q single reading OF your rein:aA
only discovered one inaocuracy III mater 10,
suppose you took from that paper rs "nea' 81, ~
say, I" he undersigned are unaoie ,htSib 90
Won in The opinion ven have expressed tna' the Con-
stuion il different in time OF lnsnrrecuoh OF inVa
soo from what II ia in time OF peace and pubic secu
N.Y. ~ "
A recnrrerce TO the paper will show you that |
have NOT EXPRESSED the opinion you suppose. eX-
recessed ba oninion hat the Constitution IS different
m ia apnleaon cases OF rebellion or INVASION,
involving the pablo safety from what 1t Is IN times
OF profound peace and public security; and TINS opin'
ion | adhere 10, simply because by the Constitution
itself things may be done III the one case which may
not be Done III the other
| dislike 10 waste ID word on merely personal
point Tut | must respectfully assure you that you
will ind yourselves at fault should You ever seek
for evidence TO prove your assumption, that " or,
posed ia discussions before the people the pohcy VI
The Mexican war;
You say: Expuuge from the Constitution this
limitation upon the power OF Congress TO suspend
the writ of habeas corpus and yet the other gnsran
tees OF personal liberty would remain unchanged.
Doubtless ii this clause of the Constitution impro-
perry called as think Limitation upon the power
of Congress, were eXpunged, the other guarantees
would remain the same but the question H. DOT DOW
tbOse guarantees would stand with thas clause 0Ht
OF the Constitution, but how they stand win that
clause remaining in it, III cases of rebellion or inva'
slOn, involving the pubic safety. Ii The hoerty
could be INDUCED OF expungDg that clause, letter
and spirit, really tnnk the constitutional argument
wcud be with you.
Nv general view ON this question was stated in
she 4 .bany response, and hence L do not state 1t
now. | only add that, seems TO me, the only ben
ef of the writ vi habeas corpus rs the great means
through which Ia, guarantees OF personal liberty
are conserved and made available in The last resort,
and corroboratlve OF this view is the fact that Mr..
Nallandgham, in the very case Ill question, under
the advice of able lawyers, saw not where else 10
go but 70 the habeas corpus. But by tue C0nstltr-
tion the benefit Of the writ Of habeas corpus Itself
NAV be suspended when, cases of rebellion and IN
vaeion the public safety may require II.
You ssk, In substance, Wheeler really claim that
may override all tue guaranteed nights OF indiyldu.
ais 90 the plea Of conserving the public safety
when may chose to say the publc safety requires.
This question: Invested of the phraseology calculated
to represent as struggling for an arbitrary per-
tonal prerogalive, is eitaer simply question rho
shall decide. affirmation that nobody shall de-
eoe what the public safety does require in case Of
rebellion or invasion. he Constitution contem. |
plates the question likely 10 occur for decision.
bus ID does not expressly declare who is 10 decide it,
BY necessary implication, when rebellion Or inva-
zion comes, the decision is 10 be made, from time
70 time and think the man whom, for the time |
The people have, under the Constitution made the
COMMENCEMENT ief of their army and navy is the
who hods the power and bears The responsible
ity OF making it. II he uses the power Justly, the
came people will probably justify Lm ii be abuses
H. be in their hands, to be dealt with by all the
modes they have reserved to themselves Ia the Con-
stiuiion,
? The esrpestneas with which you insist that Der.
sous can only, in times Of rebellion. be lawfully
dealt with in accordance with the rues for crimi.
mai trials and punishments IN times OF peace induces
me 10 add word to what said On that pom. III the /
Albany response. Yon claim that men may If they
an,la L. 10 f,.,l
@ giant rebellion and then be dealt with only in /
tuiu sc If there were no rebellion. The Conslitu-
ton itself rejects this view. The military arrests
and detentions which have been made, including
those Of MIR. Vsllandghan, which arc not different
in principle from the other, have been for prtreH-
tom and not for yuatskneHf-as iDJunctions to stay
injury as proceedings to keep the peace-and hence
like the proceedings in sucn and for like rea-
sous they have not been accompanied with indict-
ments, or trials by Juries, nor, IN single case by
any punishment wbstever beyond what is purely
incidental 10 be prevention. The orr nal sentence
O. imprisonment in Mr. Vallandighanis case wss to
prevent injury TO the military service only aud the
modification Of 1t made as "a less dis greeabe
mode 10 him OF securing the same prevention.
4 an unable TO perceive an insult TO Ohio in the
cafe Of Mr. Valiandighan Quite surely nothing Of
this sort was OF is intended. was wholly unaware
that Mr.. VallanGighan was, at the time of his al
rest candidate for the Democratic nomination for
Governor, until 80 Informed by yonr reading to me
the resolutions Of the Convention. / am grateful to
the State OF ONO for many things especially for the
brave soldiers aud oil ceTs che given In the pres
ent national trial TO the armies Of the Union.
You claim, as / understand, that according TO my
own position IN the Albany response Mr.. Vallan-
digham should be released and this because as You
claim, he has damaged the military service by
discourag1ng enstments, encouraging desertions or
otherwise, and that If be had he should have been
turned over 10 the civil authorities under the recent
Sets Of Congress.
certainly do not know that Mr. Vallandiphan
has specifically, and By direct language, ADVISED
against enhsunents, and IN favor OF GesertiOn and
resistance 10 drafting. We ali know that conbins.
tOns, armed IN some instances to resist the arrest Of
deserters, beesn several months ago; that re-
Gently the Ike has appeared IN resistance TO the
yollment preparatory 70 draft; and that quite a
number OF sssaseIuatons lave occurred from the
came anmus. these had 10 be met by military
force ana this again has led 10 blOod.hed and death
And now, under sense OF responsibility more
weghty and enduring than any which IL merely
official, soiennly declare nay belief that thu hin.
drance OF the military, including manning and MUIR
der, is due TO The course IN which Mr.. Vaandieham
has been engaged In q greater degree than 10 any
other cause and is due to him personally in i.
greater degree than 70 any other man. These
things have been notorious, known 10 all and Of
course known To Mr.. VallaDdigham.
Perhaps / would not be wrong to say they orgina-
red with his especial friends and adherents With
perfect know ledge OF them be has frequently If not
constantly, made speeches ia Congress aud before
popular assemblies and if it eau be shown that
with these things staring him In the face, he la.
ever uttered q word Of rsbuke or counsel against
them 1t viii be fact greatly in his favor with me-
and Of which, as Yet, l am totally ignorant.
When it Is known that the whole burden Of his
speeches has been 10 stir up against the prosecu
tion Of the war, and that III the midst OF resistance
10 IL he has not been known ia any instance TO
sci against such resistance. Ii 10 next to impossible
70 resl the inference that he has counseed directly
In favor Of it. With all this before their eyes, the
Convention you represent have nominated Mr.. VAL
landigbarn for Governor of Ohio and both they and