Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-07-11
THE REJo1NDER OF rHE ooMMlrrEE.
NEW YoRK CRY, JuI,

New YoRK CITY, July l, 1863.
To His Ereellsney, the President Of The United
States: '. .e
SIR-Your answer to the application of iht
| undersigned for a revocation Of the order Of
banishment of Clement l.. Vsllandigham re-
quires reply, which they proceed with as little
delay as practicable to make. 900
They are not able to appreciate the force Of
the distinction you make, between the Constitu
ton and the application of the Constitution,
whereby you assume that powers are delegated
10 the President at the time OF invasion or in
surreotion, In derogation of the plain language
Of the Constitution. The inherent provisions
of the Constitution remaining the same in time
of insurrection Or invasion, as in time of peace,
the President can have no more right to diere
gard their positive and imperative requirements
OF the former time than at the latter. Because
some things may be done, by the terms of the
Consultation at the time OF invasion or insurrec.
tioH, which would not be required by the occa-
sion, in time of peace, You assume that any
thing ,ohateuer, even though not expressed by
the Constitution, may be done on the occasion
of insuFrection or invasion, which the President
may choose to say is required by the public
safety. In plsiner terms, because the writ Of
habsas corpus may be suspended at the time
Of Invasion or insurrection, you infer, that all
other provisions Of the Constitution having in
view the protection of the life liberty and prop.
erty Of the citizen, may be In like manner sus-
pended, The progision relating to the writ oil
habsas corpus, being contained in the first part Of
the Constitution, the purpose Of which is 20 de-
fine the powers delegated TO Congress has no con.
necton In language with the deoarat ton ofrights,
as guarantees OF personal Liberty contained In
she additional and amehdatory articles, and inas-
much as the provision relating to ha6sas corpus
expressly provides for iss suspension and
the other provisions alluded to do not provide
for any such thing, the legal conclusion Is, that
the suspension OF the latter IL unsuthorzed,--
The provision for the writ of hsbeas corpus, ia
merely intended to furnish summary remedy,
and not the means whereby personal security is
conserved, 10 the final resort; while the other
provisions are guarantees Of personal rights the
suspension OF which puts an end to ell pretense
of free government. 1t is true Mr.. Vallandig-
ham applied for writ of habeas corpus az o
summary remedy against oppression. But the
denial Of this did net take away his right TO q
speedy public trial BY an impartial jury, or de.
prive him OF his other rights as an American
citizen. Your assumption OF the right to sus-
pend all the constitutional guarantees of person.
al liberty, and even Of the freedom of speech and
OF Tue press, DeChub6 tno huHmoft fEchBuy Vi
habeas corpus may be suspended; is at onoe
startling and alarming to ell persons desirous Of
preserving fee government in this country.
The inquiry Of the undersigned whether "you
hold that the rights OF every man throughout
this vast countsy,in time Of invasion or insur-
reoton, are subject to be annulted Whenever
yon may say that you consider the public safety
requires III" was plain qiestiou, undisguised
by clrcuplocution, and intended Simply 90
elicit information. Your affirmative answer to
this question throws shade upon the fondeht
anIiclpations Of the trainers of the Constitution,
who fAuered themselves that they had prcYid.
cd safeguards against the dangers which have
ever beset and overthfoWn fies government in
other ages and Countries. Your answer is not to
be disguised BY The phrABeolosy that the qaes-
tion "is simpy question ioho shall deciae, OF
On affirmation that nobody shall decide what the
pubic safety does require In cases Of rebellion
| or Invasion" Our Government was desigued
to be q Government OF lssO. settled and defined
and not Of the arbitrary will Of o single man
As q safeguard, the powers were delega-