Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-07-15
Reply of the President to the Ohio
Committee.
WASHINGTON, D. c., June 90, 1858

ductory and closing remarks, being in po
sitIon and argument mainly the same as
the resolutions of the Democratic meeting
ct Albany, New York, l refer you to my
response TO the latter as meeting most OF
the points in the former. This response
you evidently used in preparing your re-
marks, and | desire nc more then that IL
be used with accuracy. in single read
ing OF your remarks, / only discovered one
lnaccuracy in matter which suppose
you took from that paper. 1t is where
you say, The undersigned are unable TO
agree with yea in the opinion you have
expressed that the Constitution is different
in time of Instruction or Invasion from
what it is in time OF peace and public Sc
curity."
A recurrence to the paper will show
YOU that | have not expressed the opinion
you suppose. | expressed the opinion
that the Constitution is different in ats
application in cases Of rebellion or inva
sion, involving the public safety, from
what it is in times OF profound peace and
public security and this opinion l adhere
10, simply because by the Constitution it
self, things may be done in the one case
which may not be done In the other.
| dislike to waste word on a merely
personal point, but | must respectfully as
sure you that you Will find yourselves at
fault should you ever seek tor evidence 20
prove your assumption that / "opposed
IN discussions before the people the policy
OF the Mexican war"
You -ay "Expunge from the Consti-
tution this limitation upon the power OF
Coz grtss 10 suspend the writ or habeas
corpus, and yet the other guarantees OF
personal liberty would remain unchanged"
Doubtless, il this clause of the Consutu-
ton, improperly called, a l think,
limitation upon The power OF Congress,
were eXpGnged, the other guarantees
would remain the same but the question
il, not how those guarantees would stand
with that clause cut OF the Constitution,
but how they stand with that clause re-
manning In II. in cases OF rebellion or in
vasion, involving the public safety. II
the liberty could be INDUCED OF expungiag
that clause, letter and spirit, really think
the constitutional argument would be with
you.
My general view on this question was
stated Ia the Albany response, and hence
| do not state it now. | oniy add that, as
seems to me, the benefit of tie writ of
hdbedS corpus Is the great means through
which the guarran ee, Of personal liberty
are conse: we'd and made available In the
la resort; and cOrrObOraIive OF this view
is the fact that MIR Nallandigham, in the
very case in question, under the advice of
able lawyers, saw not where else to go
but to tue ha5eas corpus. But by the
Constitution The benefit of the writ OF
ha6eas corpus itself may be suspended,
when IN cases OF rebellion and invasion
the public safety may require it.
You ask, IN substance, whether | really
claim that | may override all the guar
anteed rights OF individuals, on the plea
OF conserving the pubic satety--8hen |
may choose 10 say the pubic safety re-
qulres. This question, Invested ct the
phraseology calculated TO represent me as
struggling sor an arbitrary personal pre-
rogauve, Is either simply q question aoh0
shall decide, an affirmation that n0body
shall decide, what the public safety does
require in cases OF rebellion or invasion.
The Constitution conlemplates the ques-
ton as likely to occur tor decision, bat it
does not expressly declare VITO Is to decide
it. BY necessary implication, when rebel
lion or invasion comes, the decision Is to
be made. from time To time; and | think
the man whom, Tor The time, he people
have, under the Constitution, made the
COMMANDMENT Chief of their army and
navy, is the man WHO holds tue power
and bears tie responsibility OF making il.
Ii he uses the power justly, the same peO~
pie will probably Justify HIM if he abuses
it, he Is In their hands, 10 be dealt with
by all the modes they have reserved 70
themselves IN the Constitution.
The earuestness with which you insist
that persons can only, IN times OF re-
bellioE, DO lawfully dealt with, in sccOrd-
ance with tile rules tor criminal trials aud
punls hments IN times OF peace, induce me
TO add a word to what | said on that point
in the Albany response. You claim that
men may, II they choose, embarra-s those
whose duty II Is 10 combat a giant re
b,lhon and then be dealt with only IN
turn as II there were no reOeli n. The
constitution itself rejects this VI ". The
military arrests and detento which
have been made, including tho OF Mr..
Nailaudi CHAM, which are Tot different IL
priuciple rom the other, have been for
PREVENTION, and qot for PUNISHMENT
iHjuuotiuns TO stay IIiuTy--ss proceedings
TO Keep the peace-aLd hence, like pro-
CeedIGgs ia such cases and for Ike reasons,
they Lave not been accompanied with IN
die ment-, or trials 10y jury, nor, In a sin
gle case, by any punishment whatever be-
yond Whist Is purely incidental 10 the pre-
veutlun. The original sentence of i'm
prisonment in Mr.. Yallandigham's case
wss TO prevent ii jury To the military ser
vice only, and the modification ot It WIS
made as ii less 'sagreeabie mode 10 him
Of = curing the same prevention.
/ am unable to p receive an insult 10
ONO IN the case OF Mr. FaiialdIgham.
Quite surely nothu OF this sort was or l.
intended. | was wholly unaware that
Mr. Naliandlgham was, at the time of his
arresf, u Candidate for the Democratic
nomination TOR Governor, until 50 inform
ed by your reading 10 me the resolutions
OF tile Convention. | am grateful 10 The
State OF ONO for many things, especially
for the brave soldiers and officers size has
given IN the present IaJiuna! trial 10 the
armies OF tie Union.
YUu clai,3, IL / understand, that accord
ing to my own position In the Albany re-
spouse, Mr. Nalandigham should be re
le, sed and this because, as you claim, he
has not damaged tie military service, By
discoursging euIstments, encouraging de-
serious, or Otherwise: and that II he had,
he should have been turned over IL the
civil authorities under the recent act OF
Congress. | certainly do not k10Jo that