The Tiffin weekly tribune. (Tiffin, Ohio) 1859-1868, 1863-07-17
Tiffin at'rrklp tribune
PRESIDENT LlNC0LN'S
Reply, 10 the Ntnctccn Copper
head sucnks.
wAsmSoroS. u. c, June rs, 1868.

WASHINGTON. ~. c., June rs. 1868.
GrNrLuMES--Thc Resolutions Of the
Ohio Democratic State Convention,
which you present me, together with your
Introductory Snd closing remarks, being
in position and argument mainly the same
as the resolutions Of the Democratic
meeting at Albany, New York, ! refer
you TO my response TO the latter as meet
/ ing most Of the ponts in tho former. -
/ This response you evidently used IN pre-
pairing your remarks and desire ON more
| than that il be used with accuracy, In a
single reading Of your remarks, only
discovered one insccurucy in matter
which | suppose You took from that pa
per. 1t is where YOU say, "The under
signed are unable to agree with YOU in
the opinion you have expressed that the
Constitution is different in time of insur-
rcction or invasion from what it is in
time Of peace aud public security"
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 Us
applications in cases of rebellion or in
vas ion, involving the public safety from
what il is in times of profound peace and
public security; and this opinion | adj
here TO, simply because, by the Constitu'
ton itself, things muy be done in the one
case which may not be done IN the other.
dislike to waste word OH n merely
personal point, but must respectfully as
sure you that You will find yourselves al
fault, should you ever seek for evidence
TO prove your assumption that "opposed
/ in discussions before the people the poll
cy OF .hc Mexican War"
You say: "EXrungc from the Consti-
tuition this Limitation upon the power Of
I Congress tn suspend the writ OF hebedS
corpus, and yet the other guarantees ol
personal liberty would remain unchang.
Cd" Doubtless irthis clause of the Com
stitution, improperly called as think 4
limitation upon the power Of Congress
were eXpungcd, the other guarantees
would remain the sane; but the question
is, not how those guarantees would stand
with that clause OUT or the Constitution,
but how they stand with that clause re-
maining in it, in cases Of rebellion or in-
v0llJu, involving the public safety. Ii
the liberty could be indu'gcd of cXrung-
ing that clause, letter and spirit, | really
think the constitutional argument would
be with you.
My genera view on this question was
stated in the Albany response, and hence
| do not state it now. | only add that
as seems to me, the benefit Of the writ
Of heJeds corpus, is the great means
through which the guarantees of per-
sonal liberty are conserved ard made
available in the last resort; and corro-
boraiive of this view, is the fact, that
Mr.. Nnllandichnm in the very case in
question under the advice Of able lawyers,
saw not where else to 90 but o the heJeGs
corpus. But by the Constitution the
benefit of this writ Of hGJeaS corpus it.
self may he 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 tic guOrGn-
tced rights of individuals, on the plea OF
conserving the public soiety-whcn !
may choose TO say the public safety re-
quircs il. This question, diyestcd Of the
phraseology calculated to represent me
as struggling for an arbitrary personal
prcrogatve, is either simply question
trhO shall decide, or an affirmation that
nobody shall decide, what the public safe
.ty does require in cases of rebellion or
invasion. The Constitution contcm-
plates the question as likely to occur for
decision, but it does not expressly declare
who is to decide it. by necessary inlpli-
cation, when rebellion or invasion comes,
the decision is to be made, from time to
time; and l think, the man whom, for the
time, the people have, under the Consti-
tuition, made their COMMUNICATIVE chief Of
their Army and Navy, is the mau who
holds the power and bears the rcspousi-
bility OF making it. Ilho uses the power
justly, the same people will probably
justify him; if he abuses il, he is in their
hunds, to be dealt with by all the modes
they have reserved themselves in the
Constitution.
The carnestncss with which you insist
that persons can only in times Of rebel
lion he lawfully dealt " ith, in accordance
with the rules for criminal trials and
punishmcnts 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, ifthey choose, cmbarrass those
whose duty il is to combat n giant rebell-
ion, and then be dealt with only in turn
as iftherc were no rebellion. The Con-
stitution itself rejects this view. The
military arrests and dctentions which
have been made, including those Of MI.
Vullandigham, which are not different in
principle from the other, have been for
and not for PUNIsHMEHT-as
injunctions to stay injury-as proceedings
to keep the pcace--und hence, like pro-
ceedings in such cases and for Ike rea-
sons, they have not been accompanied
with indictments, or trials by juries, nor,
in single case, by any punishment what
ever, beyond what is purely incidental to
the prevention. The original sentence
of Imprisonment in Mr.. VaIlandigham's
case was to prevent injury to the military
service only, and the modification OF II
was made as less disogreeable mode 10
him of securing tic sumo prevention.
am unable to perceive an insult to
Ohio in the case Of Mr.. Vallandigham.-
Quite surely nothing of this sort was or
is intended. was wholly unaware that
Mr.. Vallandigham was, at the time of his
arrest, candidate for the Democratic
nomination Tor Governor, until so iniorm-
ed by your reading to me the resolutions
of the Convention. ! am grateful to the
State Of Ohio for many things, especially
for her brave soldiers and officers she has
given in the present National trial to the
armies OF the Union.
You claim, as | understand, that ac-
cording to my own position in the Al
bany Response, Mr.. Vallandigham should
be released and this because, as you
claim, he has not damaged the military
service, by discourapinp enlislments. en- |