The Portland daily press., 1863-06-19
Friday Morning, June 10, 1868.

Friday Morning, June 10, 1868.
President Lincoln on Constitutional Power
and Is Arbitrary Arrests"
On the 10th OF May Democratic meeting
was held in Albany, N. Y, presided over by
Erastus Corning, Esq, which passed series
of resolutions touching the present aspect of
our national affairs, and complaining of some
of the measures adopted by the administra-
tion to uphold the government in its present
conflict with rebellion. These resolves were
communicated to President Lincoln, with a
courteous note avouching for the respectable
ity of the meeting which had passed them,
which note was signed by the officers of the
meeting. To this communication the Presi-
dent has replied as follows:
EXECUTIVE MANSION,
Washington, June II, 1868.
Hon. Erastus Corning and others:
GENTLEMEN: Your letter of May 10, en-
closing the resolutions of public meeting
held in Albany, New York, on the 10th of the
same month, was received several days ago.
The resolutions, as | understand them, are
resolvable into two propositions-first the ex-
preston of a purpose to sustain the cause of
the Union, to secure peace through victory,
aud to support the administration in every
constitutional and lawful measure to suppress
the rebellion; and secondly, declaration Of
censure upon the administration for supposed
unconstitutional action, such as the making of
military arrests. And, from the two PROPOSE
tions, third is deduced, which is that the gen.
tlemcn composing the meeting are resolved on
doing their part to maintain our common gov
ernment and country, despite the folly or
wckedness, as they may conceive, of any adj
ministration. This position is eminently pa
triotic, and as such, l thank the meeting, and
congratulate the nation for it. My own pur-
pose is the same; SO that the meeting and my
self have a common object, and can have no
difference, except in the choice of means or
measures for eiecting that object
And here l 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, 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 am ultimately responsible, are uncon-
stitutional. think they are not. The reso-
lutions quote from the Constitution the defini-
tion of treason, and also the limiting safe
guards and guarantees therein provided for the
citizen on trials for treason, aud on his being
held to answer for capital or otherwise inlall-
Gus crimes, and, i'll criminal prosecutions his
right to a speedy and public trial by an impair
tial jury. They proceeded to resolve that these
safeguards of the rights of the citizen against
the pretensions of arbitrary power were in
tended more especially for his protection in
times of civil commotion." And, apparently
TO demonstrate the proposition, the resolutions
proceed: "They were secured substantially
TO the English people after years of protract-
ed civil war, and were adopted into our Con-
stituton at the close of the revelation"
Would not the demonstration have been bet
ter, ii it could have been truly said that these
safeguards had been adopted and applied dur
ing the civil wars and during our revolution,
instead OF after the one and at the close of the
other? |, too, am devotedly for them after
civil war, and before civil war; and at all times,
''except when, in cases of rebellion or nva-
sion, the public safety may require their sus-
pension. The resolutions proceed TO tell us
that these safeguards shave stood the test of
seventy-six years of trial, under our republi-
can 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
denies that they have so stood the test up to
the beginning of the present rebellion, if we
except a certain occurrence at New Orleans:
nor does any one question that they will stand
the same test much longer after the rebellion
closes. But these provisions of the Constitu-
tion have no application to the case we have
in hand, because the arrests complained of
were not made for treason-that is, not for the
treason defined in the Constitution and upon
the conviction OF which the punishment is
death--nor yet were they made to hold per-
sons to answer for any capital or otherwise in
famous crimes; nor were the proceedings fol-
lowing, in any constitutional or legal sense,
terminal prosecutions" The arrests were
made on totally different grounds, 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 10 II the parts of the Constitution plainly
made for such cases.
Prior to my installation here il had been in
cuicated that any State has a lawful right to
seceae from the national Union, and that it
would be expedient for them to exercise the
right whenever the devotees of the doctrine
should fail to elect a President to their own
lking;l was elected contrary to their liking.
land accordingly, SO far as it was legal,
ly possible, they had taken seven States out Of
the Union, had seized many of the United
States forts, and had fired upon the United
States flag, all before was inaugurated. and
of course, before, l had done any official act
whatever. The rebellion thus begun, soon
run into the present civil war; and, in certain
respects, 1t begun on very unequal terms be-
tween the parties. The insurgents had been
preparing for 1t more than thirty years, while
the Government had taken no steps to resis /
them. The former had carefully considered
all the means that conld be turned to their ac-
count. 1t was undoubtedly well-pondered re-
lance with them that in their own unrestrct-
ed efforts to destroy Union, Constitution, and