Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-07-08


should have seemed necessity for arresting HIM q
that 1t will afford great pleasure to discharge hlI
20 soon a. can by any means believe the public safe
will not sufer by It. ~ tH-' 5-- /
The undersigned assure your Excellency, ffol
our personal knowledge of the feelings Of th
people of Ohio, that the public safety will be fa
more endangered by continuing Mr.. Vallandig
ham In exile than by releasing him. Il may b
true that persons differing from him 10 politica
views may be found in Ohio, and elsewhere
who will express a different opinion. But the,
are certainly mistaken.
Mr.. Vallandigham may differ with the Presi
dent, and even with some of bis own politicA
party, as to the true and most effectual means
Of maintaining the Constitution and restoring
the Union; but this difference Of opinion doei
not prove him to be unfaithul to his duties d
an American citizen. If man, devotedly
attached TO the Constitution and the Union
conscientiously believes that, from the inherent
nature Of the Federal compact, the war, in tht
present condition OF things In this country, car
not be used as means of restoring the Union
or that war to subjugate part Of the States
or war to revolutionize the social system in I
part Of the States, could not restore, but would
inevitably result IN Tue nnsI destruction OF Dotr
the Constitution and the Union, is he not to bs
allowed the right of an American citizen to
appeal to the judgment of the people for @
change of policy by the constitutional remedy
Of the ballot-box7 -7 ~g 7
During the war with Mexico, many of the
political opponents Of the Administration then
in power thought 1t their duty to denounce and
oppose the war, and to urge before the people
Of the country thatit was unjust, and prosecuted
for unholy purposes. With equal reason il
might have been said of them, that their dis.
oussions before the people were calcul lated TO
discourage enlistments, "to prevent the raising
OF troops" and to induce desertions from the
army, and leave the Government without an
adequate military force to carry on the war.
Ii the freedom of speech and Of the press are
TO be suspended In time of war, then the essen
tial element Of popular government to effect
change OF policy in the constitutional mode is
as en- end. The freedom of speech and of the
press Is Indispensable, and necessarily incident
to the nature of popular governmen: itself. If
any Inconvenience or evils arise from its exer-
else, they are unavoidable. =
On this subject you are reported to have said,
further: =
It Is asserted In substance, that Mr.. VsllandiehAm
was, by military commander, seized aud tried sfor no
other reason than words addressed to public meeting
IL criticism OF the course OF the Administration, and in
H.
Now, II there be no mistake about this II there was no
other reason for the arrest then coueede that the ar
rest was wrong. But the arrest, understand, was
made for q very different reason. Mr., ValIandieham
aVows his hostility to the war on the part Of the Unon;
and his arrest was made because he was laboring with
some elect to prevent the raising OF troops to encour
age desertions from the army and to leave the rebson
wthout an adequate military force to suppress IT. He
was not arrested because he damaging the political
prospects Of the Administration the persona inter-
eats oil the commanding General, but because he as
m Nha wG.k,.
which the life OF the nation depends. He wa. warning
upon the military, and this gave the military constu.
onal Jurisdiction to lay hands upon him. II Mr. VAL
andgham was not damsgng the military power Of the
country then his arrest was made mistake of facts
which would be glad to correct reasonable satIsc
tory evidence. D.. Ir
10 answer to this, permit us TO say, fret, that
neither the charge nor the specifications in
support OF the charge on which Mr.. Vs.landig.
ham was tried, impute to him the act of either
laboring to prevent the raising of troops, or 10
encourage desertions from the Amy. Second.
ly, no evidence on the trial was offered with a
view to support any such charge In What 10.
stsnce, and by what act, did he either disoour.
ago enlistments or encourage dessrtlons In the
army2 Who 10 the man who was discouraged
from enlsiing, and who encouraged to desert,
by any ACT Of Mr. Vsllandighan7 Hit be
assumed that perohapce some person might
have been discouraged from enlisting, or tfat
some person might have been encouraged to do
sert, on account of hearing of Mr.. Vallandig-
hams Views as to the policy OF the war as
means Of restoring the Union, would that have
laid the foundation for his conviction and BAN
II 80, upon the same grounds every
political opponent of the Mexican war might
have been convicted and banished from the
country. When gentlemen o. high standing
and extensive inhr rnce, including your Excel
lency, opposed, In t. discussion before the peo-
pie, the policy of the Mexican war, we're they
"warriog upon the military" and did bhis
"give the military constitutional Jurisdiction to
lay hands upon" them2 And, finally, the charge
IN the specification upon which Mr.. Vallandg-
ham was tried entitled him 10 trial before the
civil tribunals, according to the express provis-
ions of the late acts of Congress, approved by
yourself, July 18th, 1862, and March 81, 1868,
which were manifestiy designed to supersede
all necessity or pretexs for arbitrary military
arrests. ,.- -
The undersigned are unable to agree with
you In the opinion you have expressed, that the
Constitution is different in time of insurrection
or invasion from what Ii is In time Of peace and
public security. The Constitution provides for
no Limitation upon or exceptions to the guar
antees of personal liberty, except as to the writ
of habeas corpus. Has the President, at the
time OF inyaaion or insurrection, the right to
engratt Limitations or exceptions upon these
constitutional guarantees, Whenever, in his judg.
ment, the public safety requires III True 1t 10,
the article Of the Constitution which defines
the various powers delegated TO Congress, de-.
clares that "the privilege of the writ Of hs6eas
corpus shall not be Suspended unless where, in