Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1863-07-03
The President on the vallandigham Case.

Synopsis OF the FreSldents Tepiy 10 conuil
It tee appointed by a meeting held at Alban!
N. Y, who were charged with the duty o
presenting to him series OF resoltious passed
by said meeting eondemning the arrest and
Punishment of Vallandigham and asking hi
e release. The letter Is so admirably drawn
7 and so forcibly vindicates the action of tht
!. Government in the matter complained of, that
e we cannot refrain from laying it before our
readers entire, and in doing so ask for it an at
S tentive perusal
EXECUTIVE MANSION, WAsHINGToN
June 18th, 1868.
: Hon. Erasttls Corning aud others:
GENTLEMEN: Your letter of May 18th, in.
|, closing the resolutions of public meeting
} held at Albany, n. Y, on the 9th of the same
month, was received several days ago.
The resolutions, as understood them, are
resolvable into two propositions first, the ex-
preston of purpose to sustain the cause of
the Union, to secure peace through victory,
] and to support the Administration in every
constitutional ane lawful measure to suppress
the rebellion and secondly, declaration of
censure upon the Administration for supposed
unconstitutional action, such as making militia
} ry srrrsts And, from the two propositions,
a third is deduced which is that the gentlemen
composing the meeting are resolved on doing
their part to maintain our common Govern
ment and country, despite the folly or wicked
ness, as they may conceive, Of any Adminstra-
ton. This position is eminently patriotic,
and as such 1 thank the meeting, aud congrat-
ulate the nation for it. My own purpose is
the same; so that the meeting and myself have
a common object, and can have no difference,
except in the choice of means or measures for
efecting that object.
And here ought to close this paper, and
would close it. if there were no apprehension
that more injurious consequences than any
! merely personal to myself might follow the
censures systematically cast upon me for do
ing what, in my view of duty, l could not for
bear The resolutions promise to support me
in every constitutional and lawful measure to
suppress the rebellion and have not know
ingly employed, nor shall knowingly employ,
any other. But the meeting, by their resolu-
tions, assert and argue that certain military
arrests, and proceedings following them, for
which 1 am ultimately responsible, are uncon-
stitutionaI, think they are not. The reso-
lutions quote from the Constitution the de6ni-
lion of treason, and also the limiting safeguards
and guarantees therein provided for the citizen
on trials for treason, and on his being held TO
answer for capital or otherwise infamous crimes,
and, in criminal prosecutions, his right to
sI eedy and public trial by an impartial jury.
| They proceeded TO resolve q" that these safe
guards of the rights of the citizen against the
| preteusons of arbitrary power were intended
more especially for bis protection in times Of
civil commotion." And apparently to demon
strate the proposition, resolutions proceed
.They were secured substantially to the Eng
lish people after years of protracted civil war,
and were adopted into our Constitution at the
close of the revolution" Would not the de-
monstration have been better, if it could have
/ been truly said that these safeguards had been
adopted and applied during the civil wars and
during our revolution, instead of after one at
the close of the other? 1, too, am devotedly
for them after civil war, and before civil war,
end at all times, except when, in cases of re-
bellion or invasion, the public safety require"
their suspension, The resolutions proceed to
tell us that the safeguards 'have stood the test
OF seventy y-six years of trial, under our repub
Iican system, under circumstances which show
that while they constitute the foundation of
all free government, they are the elements Of
the enduring stability of the republic" No
one deRies that they have 30 stood the test up
to the beginning of the present rebellion if
we except certain occurrence at New Or
leans nor does any one question that they
will stand the same test much longer after the
rebellion closes. But these provisions of the
Constitution have no application to the case
we have in hand, because the arrests complain
ed of were not made for treasoA-that is, not
for the treason defined in the Constitution.
and on the conviction of which the punish
ment is death-nor yet were they made to
hold persons to answer for any capital or
otherwise infamous crimes; nor were the pro-
ceedings following, in any constitutional or leg
al sense, 'crimnal proeeutonss." The arrests
were made on totally different grouHds, and
the proceedings following accorded with the
grounds of the arrests. Let US consider the
real case with which we are dealing, and ap-
ply to it the parts of the Constitution plainly
made for such cases.
Prior to my installation here it had been
inculsted that any State had a lawful right
to secede from the National Union, and that
it would be expedient to exercise the right
whenever the devotes of the doctrine should
fail TO elect President to their own liking
1 was elected contrary to their liking; and, ac-
cordingly, SO far it was legally possible, they
had taken seven States out Of the Union, had
seized many of the United States forts. and
had fred upon the United States flag, all be-
fore l was inaugurated, and, of course, before
had done any official act whatever. The re-
bellion thus began, soon ran into the present
civil war; and, in certain respects, it began on
very unequal terms between the parties. The
insurgents had been preparing for it more than
thirty years, while the Government had taken
no steps to resist them. The former had care
fully considered all the means which could be
turned to their account 1t undoubtedly was
we'll -pondered reliance with them that in their
own unrestricted efforts to destroy Union,
Constitution and law all together, the Govern-
ment would, in great degree, be restained by
the same Constitution and law from arresting
their progress. Their sympathizers pervaded
all departments of the Government, and near
ly all communities of the people. From this
material, under cover of Liberty of speech"
! "liberty of the Press" and "habeas corpus
they hoped to keep on foot among most
+ efficient corps of spies, informers, suppliers.
and aiders and abettors of their course in
thousand ways. They knew that in times
such as they were inauguraling, by the Con
stitution itself, the "hGbeas corpus" might be
suspended; bat they also knew they had friends
| who would make question as to wko was to
, suspend it; meanwhile their spies aud others
! might remain at large to help on their cause.
Or if, as has happened the Executive should