Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1863-06-27
SATURDAY MORNING, JUNE 27, 1868,


rebellion actually exists, but that such
arrests are unconstitutional in localities
where rebellion or insurrection does not
actually exist. They insist that such arrests
shall not be made "outside of the lines of
necessary military occupation, and the scenes
of Instruction" 1nasmuch, however as the
Constitution itself makes no such distinction,
am unable to believe that there is any
such constitutional distinction. concedc
that the class of arrests complained of can
be constitutional only when, in cases of
rebellion or INVASION, the public safety
may require them and insist that in such
cases they are constitutional 1rhererer the
public safety does require them; as well in
places to which they may prevent the re-
bcllion extending as in those where it may
be already prevailing; as well where they
may restrain mischicvous interference with
the raising and supplying of armies to
suppress the rebellion, as where the rebel
lion may actually be; as well where they
may restrain the enticing men out of the
army as where they would prevent mutiny
in the army equally constitutional at all
places where they will conducc to the public
safety, rs against the dangers of rebellion
or invasion. Take the particular case men
toned by the meeting.
1t is asserted, in substance, that Mr.. Val
landigham was, by q military cQmg.andqT,
seized and tried "for no other reason than
words addressed to public meeting, in
criticism of the course of the administration
and in condemnation of the military orders
of the general" Now, if there be no mis-
take about this if this assertion is the
truth and the whole truth if there was no
other reason for the arrest, then | conccdc
that the arrest was wrong. But the arrest
as / understand, was made for very differ
cnt reason. Mr.. Nallandigham 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 descrtions
from the army and to leave the rebellion
without amp adequate military force to sup
press 1t. 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 tho existence and
yigOr of which the life of the nation depends
lie was warning upon the military, and this
gave the military constitutional jurisdiction
to lay hands upon him. If Mr.. Nallandig-
ham was not damaging the military power
of the country, then his arrest was on mis-
take of fact, which l would be glad to cor
rect on reasonably satisfactory evidence.
understand the meeting, whose rcsolu-
tions | am considering, to be in favor OF
supprcssing the rebellion by military force
by armies. Long experience has shown
that the armies cannot be maintained unless
descrton shall be punished 10y the severe
penalty of death. The case requires, and
the law and the constitution sanction, this
punishment Must shoot a simple minded
soldier boy who deserts, while | must not
touch hair of & willy agitator who induces
him to desert; This is none the less iniuri-
ous when Effected by getting u father, or
brother, or friend, into II public meeting
and there working upon his feelings till hC
is persuaded to write the soldier boy that lie
is fighting in "A bad cause, for Il wicked adj
ministration or contemplate government,
too weak to arrest and punish him if he
should desert. think that in such a case,
to silence the agitation and save the boy is
not only constitutional, but withal Il great
mercy.
If be wrong on this question Of Consti-
tutional 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 III absence of
rebellion or invasion, the public safety does
not require them in other words, that the
constitution is not, in its application, in all
respects the same, in cases of rebellion OF
invasion involving the pnblc safety, as it is
in times of profound peace and public secu
rity. The constitution itself makes tho
distinction; and can no more be persuaded
that the 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
l can be persuaded that a particular drug is
not good medicine for a sick man, for il
can be shown to not be good food for vel
one Nor am | able to appreciate the danger
apprehendcd by the meeting that the Amer
lean people will, by means of military ar
rests during the rebellion, lose the right u
public discussion, the liberty Of speech alC
the press, the law of evidence, trial by jury
and habeas corpus throughout the indeli
mite peaceful future, which trust lies bcfor,
them, any more than | am able to believe
that II man could contract so strong AN ap
petite for emctics during temporary illness
as to persist in feeding upon them during
the remainder of his heaithiul lie
In giving the resolutions that earnes
consideration which you request of me,
cannot overlook the fact that the meeting
speaks as democrats Nor can | with ful
respect for their known intelligence, ant
the fairly presumed deliberation with whicl
they prepared their resolutions, be permit
I'd to suppose that this occurred by acciden
or in any other way than that they preferred
to designate themselves democrats Iathe
| than American citizens In shis time q
national peril, would have preferred I,
meet you upon u level one step higher thai
any party platform, because | am sure that
from such more elevated position, we coul,
do better battle for the country we all low
than we possibly can from those lower one
where, from the force of habit, the prcju
di(es of the past, and selfish hopes of til
future, we are sure 10 spend much of th
ingenuity and strength in finding fault Wit
and aiming blows At each other. But sine
you have denied me this, will yet be thank
ful, for the countrys sake, that not a
Democrats have done 50. lie ON who's
discretionary Judgment Mr. Nallandighal
was arrested aud tried is II Democrat, haN
ing no old party affinity with me and ia
Judge who rejected the constitutional vie'
expressed in these resolutions, by reiusin
10 discharge Mr., Nallaniigham ON habea
oonuus Is a Democrat Of better days tina
these, having received his Judicial WeBtle .
the hands of President Jackson, And sii
more, oi all those Democrats who are nobl
| 4 L. Ill Ia.