Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-07-16
THE COMMITTEES REJOINDER.

New YORK, JULY /, 1863
To his Excelency the PRESIDENT of the United States
SIR: Your to the application of the undersigned
for revocation of the order Of Punishment of Clement L.
Vaandgham requires reply, which they proceed with
as little delay practicable to make.
They not able to appreciate the force of the dstnc
ton yon make between the Constitution and the application
of tie Constitution whereby you that powers
delegated to the President at the time of invasion or iu
surrecon in derogaton of the plain language of the Con-
stituon The inherent provisions of the Constitution re-
naming the same in time of nsurrecton invasion
time of peace the President have no more right to
disregard their positive and imperative requirements at
the former time than at the latter Because things
may be done by the terms of the Constitution at the time
of invasion instruction which would not be required
by the occasion in time of peace you that any
thing 'ohaterer even though not expressed by the Con
tuition may be done the occasion of nsurrection
vasion which the President may choose to required
by the public safety In palmer TERMS because the writ
of habeas corpus may be suspended at time of invasion
Instruction you infer that all other provisions of the
Constitution having in view the protection of the life
liberty and property of the citizen may be in like
suspended
The provision relating to the writ of habeas corpus be-
ing contained in the first part of the Constitution the pur
pose of which s to define the powers delegated to Con
gress has connection in language with the declaration
Of rights as guarantees Of personal liberty contained in
the provision relating to habeas corpus expressly provides
for it's suspension and the other provisions alluded to do
not provide for any such thing the legal conclusion that
the suspension OF the latter unauthorized. The prov-
for the writ of habeas corpus is merely intended to
furnish summary remedy, and not the whereby
personal security conserved in the final resort while
the other provisions guarantees of rights the
suspension OF which puts end to all preence of free
government 1t is true Mr.. Vallandgham applied for
writ OF habeas corpus as summary remedy against OPP
preston But the denial of this did not take away his
right to speedy public trial by impartial Jury or de-
prive him of his other rights American citizen Your
assumption of the right to suspend all the constitutional
guarantees OF liberty and of the freedom of
speech and of the press because the summary remedy of
habeas corpus may be suspended is at startling and
alarming to all persons DESTROYS of preserving free govern
ment in this country.
The inquiry of the undersigned whether you hold
that the rights of every throughout this country
In time OF invasion or Instruction subject to be
nud whenever you may say that you consider the public
safety requires 1T plain question: undisgused by
clrcumlocution, and intended simply to elicit information
Your affirmative answer to this question throws shade
upon the fondest ansicpatons of the trainers of the Con-
sttuon who attered themselves that they had provided
safeguards against the dangers which have ever beset and
overthrown free government in other ages and countries
answer is not to be disguised by the phraseoogy that
the question is simply question ,oho shall decide or an
affirmation that nobody shall decide what the public safety
does require in of rebellion invasion" Our Gov
eminent was designed to be Government Of tao settled
and defined and not of the arbitrary will of single man
As safeguard the powers delegated to the leplsa
tive, executive and Judicial branches Of the Government
and each made coordinate with the Others and supreme
within its sphere and thus mutual check upon each other
IN case of abuse of power.
1t has been the boast of the American people that they
had aorten Constitution not only expressly defining but
also limiting the powers of the Government and 2royd
ing eectua safeguards for personal liberty security and
property Aud, to make the matter positive and ex-
pct IT provided by the amendatOry articles nine and
ten that he enumeration in the Constitution of certain
rights shall not be construed to deny or dsparapc Others
retained by the people, and that the powers not dele
gated to the United States by the Constitution proh
oed by TO the States are reserved to the States espec
lively or to the people, With this care and precaution
on the part OF our foreahers who framed institutions
was not to be expected that at early day as this
claim OF the President to arbitrary power limited only by
his conception OF the requirements of the public safety
would have been asserted In derogaton Of the const
tona provisions making the President strictly an execu
tive officer and vesting all the delegated legislative powers
IN Congress, your sposton, understand it, would
make your ,oM the rule Of action, and your decara-
tons OF the requirements of the public safety the law of
the land Our inquiry not therefore, simply ques
ton oho shall decide or the affirmation that nobody shall
decide, what the public safety requires Our Govern
ment is Government of a and it is the laao-rnakinp
poer which ascertans what the public safety requires
and prescbes the rule Of action and the duty of the Pre-
sden is simply to execute the laws thus enacted and not
70 make or annnt laos If any exigency shall arise the
PRESIDENT has the power to Congress any time
to provide for it that the plea Of necessity furnishes no
reasonable pretext for any assumption Of legislative
power.
For moment contemplate the consequences of such
claim to power. Not only would the dominion of the
President be absolute the rights Of individuals but
equally so over the other departments of the Government
ne should claim that the public safety required it. he
could arrest and mprs0n judge for the Conscientious
discharge OF bis duties paralyze the Judicial power or
supersede it by the substitution Of subject
TO has oion ,oH 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 he
could on the plea Of public safety annul and set def
ance the State laws and authorities arrest and mprson
the Governor Of the State the members of the LeRs
tre while in the faithful discharge of their duties he
could absolutely control the action either OF Congress
members and upon the ground he could suspend the
elective franchise postpone the elections and declare the
perpetuy OF HIS high prerogatve. And neither the
OF impeachment the elections of the people could be
made available against such concentration Of power.
Surely not necessary to subvert free government in
cannot be done under the petenee of putting down the
bellon Indeed it is plain that your Administration has
been weakened and greatly weakened by the assumption
OF power not delegated in the Constitution.
In your answer you say to " You claim that men |
may they choose embarrass those whose duty it s to
combat giant rebellion and then be dealt with in terms
as II there rebellion" You will find yourself in
fault if you will search communication to YOU for any
such idea Tie undersigned believe that the Constitution
and laws OF the land properly administered furnish ample
power TO put down instruction without the assump
ton OF powers not granted And If existing legislation be
inadequate s the duty of Congress to consider what
further Legislation necessary and to make suitable pro-
vision by law |
You claim that the military arrests made by vonr Adj |
are merely preDntipe remedies as niunc
tons TO stay injury proceedings TO keep the pace and
not for punishment" The ordinaru preventive RENE
dies alluded to are authorized by established law but
the preventive proceedings you institute have their AN
thorty merely 10 the will OF the Executive that of Off
GERS subordinate to his authority And in this proceeding
discretion To he exercscd ne to ,,hotL.. ar