Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-06-16
THE EVENING STAR.


An interesting correspondence has taken
place between President Lincoln and the Hon.
Ersstus Corning ard other officers OF Demo-
sTstie meeting recently held at Albany, N. 7.
The meeting, IL appears, adopted resolutions
Declaring its purpose to sustain the Union and
70 support the Administration in every con.ti-
szs,onal and lawful measure to suppress the
rebellion, but at the same time denounced mil
itary arrests, especially mentioning The case OF
Hr. vallandigham. These resolutions, by
srdsr Of the meeting, wsrs forwarded to Pres
Saent Lincoln, who returned . clear and forci.
BE reply. The main points Of Mr.. lincoln =
response are embraced in the following ex.
Racts from his letter:
BIZ tho third resolution the q ee ting indicate
<asir opinion that military arrests my be con-
sxitution al In localities where rebellion actu.
ally exists, bat that such arrests are unoonett.
srttonal in localitie: where rebellion or iusur.
Feciicn does not actually exist They insist
that such arrests shall not be n sde " outside Of
tbs lines OF necessary military occupation and
1hs scenes OF Instruction" IuRsmuch, how.
ever, a the Constitution itself makes no such
distinction, am unable TO believe that there Is
any ench constitutional distinction.
Ieoncede that the class Of arrests complained
OF can be constitutional only when, In cases Of
TSbsliion or invasion, the public safety may
require them; and insist that I'm such cases
they are constitutional ~beYe-sr the public
safety does require thanl-as we'll In places to
winch they may prevent the rebellion extend
hg as In those where it may be slrsady pre-
ySiHEg; rs well where thay may restain mis-
chic. Gus interference with the raising and 50 D.
plying of armies to suppress the rebellion, as
where the rebellion may actually be; as well
where they may restrain the enticinS men ont
Of Ihe army as where they would prevent
Inany in the army equally constitutional at
safety as against the dangers Of rebellion or
INVASION.
Take the particular case mentioned by the
meeting. 1t Is asserted, in substance, that MT
Nai.andizham was, by military comm nder,
<eBad and tried "for no other reason than
worcs addressed to public meeting, in critl-
cisn1 OF the course OF the administration, and
In cOnds mn alton Of the military orders Of the
general" Now, If there be ne mistake about
this if the assertion Ia the truth, and the whole
ruth; II there be no no Other reasons for tho ar.
rest, heE con csde that the arrest was wrong.
But the arrest, AZ understand, was made for
= very different reason. Mr.. Tallandixhsm
S.vcws bis hostility TO the war on the part OF
the Union, and his arrest WAS made because he
was iseorinr, with some rftect, to prevent the
raising OF troops, to encourage desertions from
the army, and 10 leave the rebellion without
an adequate military force to suppress it
de was not arrested because ne wRs dayna.
gang The politit al prospects of the Administers.
ZION or the personal interests OF the command.
Ing general. bat because he " as damaging tina
army. upon the existence and yigor Of which
the life OF the nation depends. Hewas warning
upon NE military, and this gave the milit.rv
constitutional jurisdiction to lay han1. nnnr
him II Mr.. Failandigham was no. dam agin1
The military power OF the coun.-rr. then his ar
rest was made on mi....sKe Of fact. which l
Would oe giad 10 ssrtset on reasonably salts.
-,ldente.
I 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 pun.
bod }, f,pcn prloY fr Hf daafh
requires. aud the law and the constitution
sanction, this punishment Must shoot SIM
pie minded soldier boy who deserts, while
must not touch a hair OF a willy agitator who
injurious when effected by garting,a father, or
brother. or friend, into public meeting, and
there working upon his feelings till he Is per-
suaded TO write The soldier boy that he is fight
ing in 4 bad cause, for II wicked administration
Of contemplate governmen t too weak to
arrest and punish him il he shall desert.
think that in such case, TO silence the agt ,tor
and kaye the boy is not only constitutional, but
wi;hal q great mercy.
If / be wrong on This ques' ion OF consltu-
uonal 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 con-
sututioBal when, III absence OF rebellion or In.
Taslon, The public safety dues not req uira them:
In other words, that the constitution Is not, In
its application, in all respects the same, in
cases OF rebellion or invasion involving tie
public safety, as II is III times of profound
peace and public security. The constitution
Itself makes The distinction: aid can no more
be pers uade d that the government Gun cousti-
tuiionalIy take no strong meas ures in time Of
rebellion, because II can be shown that the
same could not be lawfully taken in tim- of
peace, 1han j can be persuaded that a partic.
nlhr orng If not good medicine for sick man,
because it can be shown not 70 be good food
for a we'll one.
Nor am | able TO appreciate the danger ap-
~ III g.Gfr IN
people will, by means OF military arrests du :.
ring the re belion. lose the right of public dis
cusslon, the liberty Of SPEECH aud tn, press, the
law Of whence, trial by jury, and habeas cor
pue, thrCus nc ut the IL definite peaceful future,
" hlch ] trust lies before them, any more than
1 am able To believe that man could contract
so stroi an apr lite ior emetics during tenn
poraTy Illness a. TO persist In feeding them d a
ring 10 remainder OF his heaithtu life
And Se', 1t me say. that in nv own discre-
tsop do not know whether I would have or
dered the arrest of Mr.. Vallandigham. While
cannot shit the responsibility from myself,
hole that, as general rule. the commander in
the field is the better judge of the necessity In
any particular case. Or course must practice
general directory and revisory power in tie
matter.
One Of the resolutions expresses the opinion
Of the meeting that arbitrary arrests will nave
the effect TO divide and distract those who
should be united in snppressing the rebellion,
and am specifically called on to discharge
Mr. Vallandigham. l regard this act as, al
least, iair appeal TO me on the e3pediency OF
exercising constitutional power W Inch think
exists. In response to such appeal / have 10
say. ii gave me pain when learned that Mr.
Fallandigham had been arrasted-that is,
was panied that there should have seemed to
be a necessity for arr-sring him-and that il
viii afford me great pleasure TO discharge him
so soon as l can, by any means, believe the
public safety will not suffer by it,
further say, that as the war progresses, it
appears 10 me that opinion and action, which
IN fSrcS a
fall into more regular channels, so that the ne
cessity for strong dealing with them gradually
decreases. have every reason to desira that
II should cease altogether, and tar from the
leastis my regard for the opinions aud wishes
OF those who, like the meeting Of Albany, de-
clare their purpose to sustain the government
In every constitutional and lawful meas ure 10
suppress the rebellion. Still, must continur
to do so much as may sesfn to be required by
The public safety.