Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1863-07-22
New YoRR CRY, July l. 1863.
To HIS Ercellcney, the President Of the Unite

TO His Ercellcncy, the President Of tie Uaitec
States:
Sr-Your answer to. the application o
the undersigned for revocation of thC
order Of banishmcnt of Clement l.. Val
landigham requires reply, which they
proceed with as little delty as practicable
TO make.
They are not able to appreciate the
force of the distinction you make between
The Constellation and the application OF the Cor
s.itution, wherebyyou assume that powers
are delegated to the President at the time
OF invasion or nsurreCtion, in derogation
Of the plain language of the Constitution.
The inherent provisions OF the Constitu>
tion, remaining the same IN time Of in>
surrection or invasion rs in time ofpea ce.
the President can have no more right TO
disregard their positive and imperative
requirements at the former time than at
the latter. Because some things may he
done, by the terms OF tho Constitution At
the time Of INVASION or instruction, which
would not be required by the occasion, in
time of peace, you assume that anything
,chatcver, even tho not expressed b. the
Constitution. may be done on the occasion
of insurrection or invasion, which the
President may choose to sEy is required
by the public safety. In palmer terms,
because tho writ Of haJsas corpus may be
suspended at the time of invasion or in
surrection, YOU infer that all other pro
visions of the Constitution having in view
the protection of the life, liberty and
property of the citizen, may be in like
manner suspended The provision rela-
4, -, . al -~st II LII
contained in the first part of the ConstIN
tuition, the purpose OF which is. to define
the powers delegated 10 Congress, has no
connection in auguage with the declara.
ton of rights, as guarantees OF personal
liberty, contained in the additional amen>
da.ory articles, and inasmuch as the pros
visions relating to hdJeas corpus expressly
provides for its suspension, and the other
provisions alluded TO do not provide for
any such thing, the legal conclusion is,
that the suspension OF the latter is unau-
thnrized. The provision Cor the writ Of
haJsas corpus is merely intended to furnish
summary remedy. and not the means
whereby personal security is conserved,
in The final resort; while the other pro.
visions are guarantees of personal rights,
the suspension Of which puts an end to
all pretence OF q free government, 1t is
;rue Mr. YeM1h5igham applied for q writ
oi habeas corpus AZ a summary remedy
against oppression. But the denial o'
this did no! take away his right to n
speedy public trial by an impartial jury,
or deprive him Of his other rights 10 an
American citizen. Your assumption Of
the right to suspend all the constitutional
guarantees OF personal liberty, and even
Of the freedom Of speech and Of the press,
because the summary remedy OF hdbeas
corpus may be suspended is at once starts
iing and alarming 10 all persons desirous
ot preserving free government in this
country.
The inquiry OF the undersigned whether
you hold that the rights OF every man
throughout this vast country, in time of
invasion or insurrection, are subject to
be dpHEl5ed whenever you may sdy that you
consider the public safety reqsres itP"
was a plain question, undsguised by cir.
cumlocution, and intended simply 10
elicit information. Your affirmative an.
swer TO this question throws shade upon
the fondest anticipations of the trainers of
the Constitution, who flaliered themselves
that they had provided safe guards against
the dangers which have ever beset and
overthrown free government in other
ages and countries. Your answer is not
TO be disguised by the phraseology that
the question "is simply a question pho
shall decide, or an affirmation that nobody
shall decide what the public safety does
require in cases Of rebellion or Invasion"
Our Government was designed TO be a
Government Of lao, settled aud defined, and
notoi tue arbitrary will Of single man.
As safeguard, the power, were delegated
20 the Legislative, executive and judicial