Ellsworth American., 1863-06-26

penalty of death. The case requires, and
the law and the constitution sanction, this
punishment. Must | shoot a simple
minded soldier boy who deserts, while |
must not touch hair of willy agitator
who induces him to desert? This is none
the less injurious when effected by getting
u father. or brother, or friend, into pub
lie meeting, and there working upon his
feelings till he is persuaded to write the
soldier boy that he is fighting in a bad
cause, for wicked administration of a
contemplate government, too weak to ar
rest and punish him if he shall dcscrt.-
| think that in such a case, to silence the
agitator and save the boy is not oriy con-
stitutional, but withal a great mercy
If be wrong on this question of cor
stitutional power my error lies in believ-
ing that certain proceedings are consttu-
tional when, in cases of rebellion or in
vasion, the public safety requires them,
which would not be constitutional when,
in absence of rebellion or invasion, thc
public safety does not require them; in
other words, that the Constitution is not,
in its application, in all respects the same,
in cases of rebellion Or invasion inyolyinl
the public safety, as it is in times of pro-
found peace and public security. The
Constitution itself makes the distinction
and | can no more be persuaded that the
Government can constitutionalIy take no
strong measures in time of rebellion, be-
cause it can be shown that the same could
not be lawfully taken in time Of peace,
than | can be persuaded that particular
drug is not good mellcine for sick man,
because it can be shown not to be good
food for well one. Nor am l able to
appreciate the danger apprehenlel by
the meeting, that the American people
will, by means Of military arrests during
the rebellion, lose the right CT public dis.
cussion, the liberty Of speech and the
press, the law Of evidence, trial by jury
and habeas corpus, throughout the ndei-
mite peaceful future, which trust lies
before them, any more than | am able to
believe that = man could contract SO
strong an appetite for cmetics during
temporary iIlncss as to persist in feeding
upon them during the remainder Of his
healthful life.
In giving the resolutions that earnest
consideration which you request of me-, |
cannot overlook the fact that the meeting
speak as Democrats" Nor can /,
with full respect for their known inteii-
gence, and the fairly presumed deiibera-
ton with which they prepared thcir res
olutions, te permitted 10 suppose that this
occurred by accident, OF in any way other
than that they preferred to designate
themselves Democrats rather than
" American citizens" In this time of
national peril would have pro to
meet you upon q level one step higher
than any party platform because | am
sure that from such more elevated posi-
ton, we would DO better battle foc the
country we all love than we possibly can
from those lower ones where, frcu the
force of habit, the peiulces Of the past
anI selfish hopes Of tae future, we are
sarc to cxpenl mech of our ingenuity
ana strength IA finding fault with, anl
aiming elo"' al, eaea otHer. put since
You we den'e me thIS' 1 ~ili yet be
thankful, tor the country's sake, that no'
all Democrats have done 81. lie on
whose discretionary judgment Mr.. Nallan-
dgham was arrested ani trlel Is Dem
ocrat, having 20 old party affinity with
ne, and the j1dge who rejected the Con-
shtutlona View expressed in these reso'
lutlons, by refusing to discharge Ar.
aIlanI'saam on habeaS cotp"S Is DEM
ocrat OF better days than these, having
received his iuIlclal mantle at the hands
OF President JACKSON. AUD still moro OF
all those Democrats who are no5ly ex-
posing their lives and shedding their
b.ood ca the battlefield, have learned
that many approve the course taken with
NT. sAllandlgham, VIII le have not
heard os single one condamnlng it. |
cannot assert that there are none such,
Ana the name OF President Jackson re,
calls an Instance oil pertinent history
After the battle OF New Orleans, AMI
while the faes that the treaty OF peace
had been conelu!ed was we'll known IN
the city, but before Official knowledge OF
1t had arrived, General Jackson still
maintained martial Or military law
Now, that 1t could be SAID the war was
over, the c'amor against martial law,
which had existed from the drHt, grew
furious. Among other things Mr..