Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-07-23

you' ueciafht'ons OF the requirements Of
the public safety the law of the land
our inquiry was not. therefore, "simply
question tcho shall decide, or the sfir-
nation that nobody shall decide what the
public safety requires. Our government
is government Of idw, and it is the iaw-
making poUer which ascertains what the
public safety requires, and prescribes the
rule Of action; and the duty of the Pres.'
iient is simply to execute the laws thus
enacted, and not to make or annM laos.
If any exigency shall arise. the President
has the power 10 convene Congress at any
time, to provide for it; so that the plea
OF necessity furnishes no reasonable text
for any assumption of legislative power.
For moment contemplate the conse.
quences Of such claim of power. Not
only would the dominion Of the Presi-
dent be absolute over the rights of indi-
viduals, but equally SO over the other de-
psrtments of the government. II no
should claim that the public safety re.
qnired il, he could arrest and imprison q
Judge for the conscientious discharge of
his duties, paralyze the Judicial power,
or supersede it, by the substitution OF
courts martial. subject to his ovn wiU,
throughout the whole country. If any
one Of the States, even far removed from
the rebellion, should not sustain his plan
for prosecuting the war, on the plea of
the public safety, snnul and set at def.
ance the State laws and authorities, ar
rest and imprison the Governor Of the
State, or the members of the Legislature,
while in the faithful discharge Of their
duties, or he could absolutely con.
troll the action, either Of Congress or
the Supreme Conrt, by arresting and i'm
prisoning its members; and, upon the
same ground, he could suspend the elec-
tive franchise, postpone the elections, and
declare the perpetuity of high preroga-
tive. And neither the power of impeach-
ment, nor the elections of the people.
could be made available against such con-
centration of power. se.. -
Surely it is not necessary to subvert
free government in this country in order
to put down the rebellion; and it cannot
be done, under the pretense of putting
down the rebellion. Indeed, it is plain
that your administration has been weak
ened, greatly weakened, by the assump-
ton Of power not delegated in the con-
stitutiou. '''a'
In your answer you say to us: "You
claim that men may, if they choose, en-
barrass those whose duty it is to combat
a giant rebellion, and then be dealt with
in turn only as ifthere were no rebellion"
You will find yourself at fault if you will
search our communication to you, for
any such idea. The undersigned believe
that the constitution and laws Of the land,
properly administered, furnish ample
power to put down an instruction, with
out the assumption of powers not grant
ed. And if existing legislation be mad
equate, 1t is the duty of ouuyrvs. to eon
slider what farther legislation is necessary.
and to make suitable provision by law.
You claim that the military arrests
made by your administration are merely
preventive remedies, "as injunctions to
stay injury, or proceedings to keep the
peace, and not for punishment. The or
ainary preventive remedies alluded to are
authorized by established law, but tn.
preventive proceedings you will institute
have their authority merely in the will of
the Executive or that of officers subordi-
nate to his authority. And in this pro-
ceeding, discretion seems to be exercised
as to whether the prisoner shall be allow
ed trial; or even be permitted to know
the nature of the complaint charged
against him, or the name of his accussr
If the proceeding be merely preventive.
why not allow the prisoner the benefit of
bond to keep the peace? But if no Of
J fence has been committed, why was Mr..
Vallandigham tried, convicted aud SEN
fenced by court martial? And why the
actual punishment, by imprisonment or
Punishment, without the opportunity Of
obtaining his liberty in the mode usual
in preventive remedies, and yet say it is
not for punishment
You still place Mr.. Vallandigham's g
conviction and Punishment upon the
ground that he had damaged the military
service by discouraging enlistments and
f encouraging desertions, DO; and yet you
have not even pretended to controvert oul
position, that he was not charged with
, tried. or convicted for any such Offence
: before the court martial.
In answer to our position that Mr.. Val
q landigham was entitled to trial in tn
v civil tribunals, by virtue of the late act
: Of Congress, you say: 81 certainly d
not kno,O Mat Mr.. Haliandigham has apo
! officially and BY direct language adviset
against eniistments and in favor Of dessr
I tions and resistsnce TO drafting" de-; ant
yet, in a subsequent part of your answe
, after speaking of certain disturbance
which are alleged to have occurred in re
sistance to ths arrest Of desArters, and o
the enrolment preparatory to the draft
and which you attribute mainly to tn
! course Mr.. Vallandighsm has pursued
3 you say that he has made speeches agains
t the war in the midst of resistance to il
A that "he has never been known, in an
, instance. to counsel against such resist
{ apce." and tina: ''it is nert to impossible
! repelMe inference that he has counseled d
' recHy in .tavor of t." Permit the under
r signed to say. that your information
most grievously at fault. The undersigr
1 ed have been in the habit Of hearing M
. Vallandigham speak before popular Al
: semblages, and they appeal with conf
+. dence to every truthful person who he
6 ever heard him. for the accuracy of Il
e declaration that he has never made
.,ooob bofora tha y,aonIa ~ Ohin IN uhic