Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-07-16

by military commander seized and tried for other
son than words addressed TO public meeting IN criticism OF
the of the Administration and in condemnation OF the
military order of the General Now if there be no mistake
about this if there other reason for the arrest then
concede that the wrong But the arrest under
stand, made for very different reason Mr. Vallan
digham his hostility TO the the part OF the
Union and his made because he was laborlng
with some effect to prevent the raising OF troops e ncGa
age assertions from the army and leave the rebellion WITH
ou adequate military force TO suppress IT, de was mol
arrested because he damaging the political prospects
the Administration the personal interests OF the command
ing General but because he damaging the army upon
the existence and vgor of which the life OF the nation dc
ponds He warning upon the military ana TINS gave th
military constitutional jurisdiction lay hands upon him If
Mr. Va!andgham was not damaging the military power OF
the country then his made mistake OF facts
which would be glad to correct on reasonable satisfactory
evidence
In to this permit to say first, that neither
the charge the specifications in support OF the charge
which Mr. Vallandg CHAM tried impue to him the
act of either aborng to prevent the raising OF troops or
to encourage assertions from the army Secondly, no
evidence the trial offered with view to support
tended to support any such charge In what IN
stance and by what act did he either discourage enlist
ments encourage deseron in the army3 Who Is the
man who discouraged from enistng and who en-
couraged to desert by any act of Mr. Vallandgham LII
be assumed that perchance person might have been
discouraged from enlistng, that some person might
have been encouraged desert account OF hearing Mr.
Vallandghams views to the policy of the war as
of restoring the Union, would that have laid the
foundation for his conviction and Punishment? II 80,
upon the grounds every political opponent OF the
Mexican might have been convicted and banished
from the country
When gentlemen of high standing and extensive infu-
ence, including your Exceency, opposed in the discus
sons before the people the policy of the Mexican war
they warning upon the military and did this give
the military constitutional jurisdiction to lay hands upon
them And finally the charge in the specifications upon
which Mr. Vallandigham tried entitled him to trial
before the civil tribunals according to the express Prov
sons Of the late acts Of Congress approved by yourself
July l7th 1862, and March Sd, 1863, which mani
esy designed to upersede all necessity preext for
bitrary military arrests.
The undersigned are unable to agree with you in the
that tha
ent in time OF instruction invasion from what it is in
time Of peace and public security The Constitution pro-
des Tor no Limitation upon or exceptions to the guarantees
of personal liberty except to the writ Of habeas corpus
Has the President at the time of invasion Instruction
the right to engra limitations exceptions upon these
constitutional guarantees whenever in his Judgment the
public safety requires it7
True it is, the article of the Constitution which defines
the various powers delegated to Congress declares that
the privilege Of the writ of habeas corpus shall not be
suspended unless where, in of rebellion INVASION
the public safety may require it," But this qualification
limitation upon this restriction upon the powers Of Con
gess has reference to connexon with the other
stimtona guarantees of personal liberty Expunge from
the Constitution this limitation upon the power of Con-
gess TO suspend the writ of habeas corpus and yet the
other guarantees of personal liberty would remain I'M
changed.
II Although might not have constitutional right to
have Immediate investigation made to the legality of
his arrest upon habeas corpus yet his right speedy
and public trial by impartial jury of the State and dis
tric wherein the crime shall have been committed will
not be altered; neither will his right to the exemption
be IN his person. houses papers, and effects against
seizures and searches his not to be
deprived OF fe liberty property without due process
of law his right not to be held for capital
otherwise infamous offence, unless pesentment or
indictment of grand jury, be in anywise changed.
And certainly the restriction upon the power of Con-
gress to suspend the writ of habeas corpus in time of
nsurrecton invasion could not affect the guaranty that
the freedom of speech and of the press shall not be
abridged 1t is sometimes urged that the proceedings in
the civil tribunals too tardy and Ineffective for
arising in times of instruction invasion 1t is full
reply to this to say that arrests by civil process may be
equally expeditions and effective arrests by military
orders.
True summary trial and punishment are not allowed
in the civil courts But if the offender be under arrest
and imprisoned and not entitled to discharge writ of
habeas corpus before trial. what more be required for
the purposes of the Government? The idea that all the
constitutional guarantees of liberty suspended
throughout the country at time of instruction nva
sion in any part of it places upon of uncertainty
and subjects the e liberty and property of every citizen
to the will of a military commander or what he may
say that he considers the public safety requires Does
your Exceency wish to have understood that you hold
that the rights Of every throughout this vast country
subject be annued whenever you may say that you
consider the public safety requires it, in time of invasion
| or Instruction
You further reported having said that the consti-
onal guarantees Of personal liberty have application
to the present have hand because the arrests
complained OF not made for reasonthat s not for
the treason defined in the Constitution and upon the
ycton OF which the punishment is deathnor yet were
they made to hold persons 10 for capital
wise Infamous crimes the proceedings following
IN any constitutional or ega criminal prosecutions
The arrests made totally different grounds and
the proceedings following accorded with the grounds of
| the arrests &c.
The conclusion 10 be drawn from this position of your
Excellency s that where man il liable to "a criminal
prosecution" is charged with crime known to the
laws of the land he is clothed with all the constitutional
guarantees for his safety and security from wrong and
justice; but that where he is not liable 10 criminal
prosecution, charged with any crime known to tho
laws, If the President any military commander shall say
that he considers that the public safety requires it, this
may be put outside Of the pale Of the constitutional
guarantees aud arrested without charge of crime i'm
prsoned without knowing what for and any length of
time, or be tried before courmartal and sentenced to
any kind Of punishment unknown to the laws of the land
which the President the military commander may see
proper to impose.
Did the Constitution intend to throw the shield of its
the liable to be charged with treason as
defined by it, and yet leave the liable TO any such
charge unprotected safeguards personal liberty and
personal security Can not in the military naval
service within the field Of the operations the army be
arrested and imprisoned without any law Of the land to a
thoriZe II Can man thus, in civil life be punished
without any law defining the offence and prescribing the
punishment II the President or a courtmartia NAV
prescribe one kind Of punishment unauthorized by law
why not any other kind Punishment is an unusual pun
ishment and unknown to laws IL the President has
not that Of death and conscaton Of property II the
President has the right to change the punishment pre-
scrbed by the cOuTtmart from imprisonment 10 Danish
ment why not from imprisonment 10 torture upon the
rack or execution upon the gbbet2
II iudenable kind Of constructive treason is to be
introduced aud engrated upon the Constitution, unknown
To ~" u the land and subject to the will of the Pre-
siG' at whenever nsurrecon invasion shall occur ia
any part OF this yast country what safety security will
De rit iur the liberties Of the people!