The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1863-06-23
The President ON g Arbitrary Ar
From the Advertiser a Tribune.

we have lalu before our fcauefs tne Tfes'
ident's letter in reply to the resolutions Of
the Albany VsIindigham sympathy meeting.
Conventionalism would have deferred &C me
men from making any reply to such repre-
sentation, but any event that stirs great pop
ular assemblies, and takes form in petition
for grievances 10 the national Chief Magls
ira,e, is worthy of his attention, and We are
glad the president has seen fit to reply to the
Albany resolutions. 94l
The letter of the President is truly an
admirable document, clear in its perception OF
the point at issue, and at once digntied and
conclusive in tho argument. 1t is evident
issue as the case Of MIR. Valandigham had
not arisen, but be, on general principles, as
sumes the responsibility Of Gen. Burnslde's
act, and is argument covers the whole ques
ton of arbitrary Arrests. lie does not pre-
tend that such arrests would be proper in
time Of peace, but he shows concusively that
the Constitution intended to authorize them
in time Of invasion or rebellion. On this
point he says, with irresistible force
"Ours is case OF r. bellion--so called by
the resolutions before me--in fact, a clear,
fragrant, and gigantic cas-, of rebellion; and
the provisions tf The Constitution that "the
privilege Of the writ Of hab,as corpus shall
not be suspended, unless when, in cases Of
rebellion or invasion, the Public safety may
require it, is tie provisions which specially
applies to our present case. This provision
plainly attests the understanding of those
who made the Consultation, that ordinary
courts OF justice are inadequate to 'cases of
rebellion ATTEST their purpose that, 10 such
cases, men may DO held in custody whom the
courts acting on ordinary rules, would dis
charge. Haoeas corpus does not discharge
men whe are proved to be guilty Of defined
crime, aud lis Suspension is allowed by the
Consultation on purpose that men may be ar
rested and held who cannot be proved guilty
OF defined crime, 'wher, in cases Of rebellion
or invasion, the public safety may require il ,
This IS precisely our present Casa case of
rebellion wherein the public safety does re-
quire the suspension. Indeed, arrests by pro-
cess Of courts, ard arrests iu cases Of ofrebelion,
do not proceed altogether upon the ssme ba-
sis. The former is directed at the small per-
centape of ordinary and continuous perpetra.
ton Of crime; while the latter is directed at
sujden and extensive uprisings against the
Government, which at most, will succeed or
fail in no great length OF time. In the lat
ter case, arrests are made, not so much for
what has been done, as for what would prob
ablv be done. The latter is more for the pre-
venta,iye and less for the yin6ictive than the
former" .
Our Albany friends will be considerably
older when they have satisfactorily replied to
this
Another leading point elucidated by the
President is, thet it is not only proper to ar.
rest disturbers and disloyal men who are jeop-
ardin;nr the public safety inside ,"ihe lines OF
necessary military occupation but outside OF
them also. He makes this proposition very
clear, his argument being of purely matter
of.fact character that appeals to tho most or
dinary comprehs nsion. We quot, again:
"I concede that the class of arrests com
plained of can be constitutional only when,
IN cases of rebellion or invasion, tho public
safety NAV require them; and insist that in
such cases they are constitutional ,cherever
the public safety does require them; as we'll
in places to which they may prevent the re-
bellion extending as in those where it may be
already prevailing; as well where they may
restrain the enticing men out Of the army, as
where then wonld prevent mutiny in the ar
my; equally constitutional at all places where
they will conduce TO the public safety, f.:
against the dangers Of rebellion or inva-
sion. Take the particular case mentioned by
the meeting. 1t is asserted, in substance, that
Mr.. Valandigham was, by military com.
mander. seized and tried /" for no other rea
son than words addressed TO public meet
inc. in criticism Of the course Of the Admin
istration. and 10 condemnation Of the Militia
~ orders of the General" Now, il there b
no mistake about this il this assertion is th'
truth and tho whole truth; it there was nc
other reason for the arrest, then conced'
that tue arrest was wrong. But the arrest al
understand, was made for very different
reason. Mr. Vallandigbam avows his hostili
ty to The War on the part OF the Union; ant
: his arrest was made because he was aboring
with some effect, to prevent the raising o
troops; to encourage desertious from the ar
, NV and to leave the rebellion without an ad
equate military force to suppress it. He wa
/ not arrested because he was damaging the po
I litical prospects Of the Administration, or
the personal interests Of the Commanding
, General, but because he was damaging Ia
, Army. upon the existence and vigor the lf
|, of the Nation depends. He vas warriul
upon tn Military, and this gave the Mitar.
const itutioual jurisdiction to lay hands upo'
him. II Mr.. Valandigbam was not damag
D ing the military power Of the country, the
D his arrest was made ON mistake OF fact, whic
|, I would te glad to correct on reasonably sat
: isfactory evidence"
| Tn the next paragraph tho President ask
with simple pathos: "Must shoot simple
minded soldier boy who deserts, while mus
not touch hair Of the willy agitator who ia
duces him to desert "s-aud he adds:
Il s.'Tis none the less injurious when efiecfe
! by getting father, or brother, or friend int
public meeting, aud there working upon b
feelings until he is persuaded TO write th'
soldier boy that he is fighting in bad ca s.
= for wicked Administration and contempt
7 able Government, Too weak to arrest and pu!!
'' ish him il he shall desert. l think that
such case to silence the agitator and sa'
'. the bov is not only constitutional, but wtha
\ a great mercy" n.f ssa 90 elllo 20 !,
II will be seen from tho above that th
a statement in the Free Press of tho grount
p unon which tho President justifies the ARE