Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-06-27
REvIEw
Of LiaeOlH's RssD5zss to the AlJang Msetiug. BE-
S. s. Nicholas, Of kentucky.

lat A A<iA-AlAaa Las aAAA4 lelo4 N
bic form before the public what there is Of res
| son, or It's semblaRee, in support Of bis usurped
| pswer ts abfidge and Pu ish freedom Of
! speeeh and Of the press It is what he and bis
/ advisers in and 0us Of the Cabinet have 70 pre-
I sent ia bis behalf at the bar Of reason Let not
the fimsy and wholly insdsquate character Of
/ the reasoning induce an ialerenco Of any def
/ cheney in him or them. The fault is not theirs;
I Is IS not from any lack Of capacity il then to
/ do justice to the subject, fer the argument is
really as good, just as plausible IS any that has
been or can be made on that side Of the ques-
ton. Il Is, however, SO diseursiYe and unmsth-
odicai as necessarily 10 impaTt much Of the szra5
/ qusEty to this brief netice of it.
The trst noticeable thing which It presents is
his seiziRg held of the fact stated in ons Of the
Aioady resolutions, that the great safeguards to
Tree speech, free press and personal liberty were
adopted inte the Federal Constitution after the
close 0s the revolution. For the sake of making
What De no deu1t deems a telling TstoEt, he
asks Fz5tHer the eemOnsrationr rWould rot have
been better, If it could have bsau truly said.
thst these safeguards had besa adopted dHriHg
car revolution ss.ead OF after its close. During
the revolution they could Aos have been so
al ed iat5 The Federal 0nstitatisn, fsI it then
bad no existence; but those safeguards were
takal almost verbatim from the conssitu.ieus Of
seva1a. Of the larger States which were made
daring ne ac-u5I Psldaney Of the revolutionary
var, and for t1e rule Of government in en- aetu-
ally existing civil war. Az an exposition Of the
vlsvs OF the frsmegs Of the C9nsritution, as q
evolutionary authority 20 preve that these safe
guards We're specially meant for times of war
and civil comIzstioa, the precedsnts from the
constitutions Of those States ars fully as author
ltatiys a5 Il tas Federal Constitution itself had
been adopted during the revelation.
To escape nom tho'e safeguards, he asserts
that the military arrest, trial, and bauishmsnt of
hr. Yalandighsm, was not holding him 70 an
sger for capital or otherwise infanous crime,
nor were the proceedings against him q criminal
prosecution. Ihs efffoptery of mere denial can
not 60 beyond this. What classification must
a crime belong to which is not infamous, yet
Justihss its punishment by close Imprisonment
Tor life, according to the sentences of the court
martial, or to 5snishment for life, according to
the Illegal alteration Of the President he does
not tel as and ingenuity will waste its sssuto-
rcs3 jim a1y effort 30 ascertain. Tho whole bur
then ef bis attempt TO Justify the punishment
is BY atirmiug that the speeches Of Mr. Vallan-
digham were aiding and assisting the enemy, or |
Ia other words Weye quasi tressonable--st least
they were the perPstfatioH Of moral treason.
There hsiog no legal punishment ss he wrong
tally stHtms, fer the Supposed efense he makes |
the absence of all such law the very Foundation
Of his claim to infict the punishment |
The Constitution hsyiag carefully de- |
hHed treason and grecludsd the sRgine |
OF tyranny, constructive treason; and /
Congress not having, as he alleges, provided say |
penalty tar such an OIfsnse, no undertakes, eT /
post tGctO, TO create this now constructive tres-
son and punish it by G penalty of his own enact
ing Verify, Mr.. Lincoln, this IS sad work you /
are making with our Constitution, if you prove
thatit gives you such lsttudinous discretion to /
tyrsuuize over the liberties Of your countrymsn. !
As 10 his denial that Mr.. Fallandighsn'5 pTsse- |
cuti0n Was a "eriminEl prosecution" within the /
meaning Of the Constitution, it aust sst9Hud /
every man Of sense. There is no denying that /
it is criminal prosecution of sons SORT, snd Of
course must tsll within the broad comprehensive ]
prohibition of al prosecutions except thass ls- |
gay made with the aid of jury trial The only |
exception is that carefully made by the Consti /
tuition Itself, fer the Punishment by military /
courts, Of persons employed in the military SER
vice, the making of which exception conclu. |
siveiy proves the intention 70 exclude any other /
The theory Of the Constitution is that it s far
bsStsr crime sbOuld 90 UNPUBLISHED, than that |
i.s pPhishmsa. should be entrusted to anybody /
but courts and juriss. The recent glorious /
meehaEs Of the pOoPls to protest sgainst ths 1
punsh5nest of lIr Vanandgham, sbow that /
such IS The national understanding, with a fixed !
resolve not to be robbed Of their liberties b. I
destruction Of the Constitution. Mr. LincelH 1
should take hea5 how he disregsrds this national /
sentiment, or be may have a civil war ct the 4
North in addition to that at the Soush.
The Constitution says, excessive bail shall i
not be required, nor cruel and unusual punish
ments inflicted" What say yoa to this safe
guard, Mr Lincoln Esu cannot deny that /
the punishment you have inflicted here, for the /
eZs,cise Of free speech is unusual nor can yoH !
properly daoy that it is cruel also OF if you do, I
then it can 'Oaly be By afirming that the pun
ishmeHt is blrolY eOmmausu surate with the hani- /
BUSINESS Of tba offsncs. But if such be tho char 1
acler of the offence then what becomes Of your |
other plea thst il IS net an % Infamous crime
II this newly invented crime, this coz astruetiys
treason, IS so thinly divided from setual tTsssoa
as in fgrs c0Rseieatis to require so dire puR-
ishmslt as lifelong Imprisonment or Danish i
meRf, It surely must be an infamous crime, F"
As Gctssl treason is bT common consent the i
NEST Infamous Of all crimes, all its pr0ximata /
congeuers, such as this, must psrtske largely of /
that infamy. Your countrymen generslly give |
you credit for doing al you could, by your 4
usuEPe5 legislative and Judicial authority, to I
brand Mr.. FGliandigham aud his children with I
tsa intamy OF q convicted traitor Witkoat ref 1
arencs to the personal hardship Of such sen
tence, with Tisat minded men, such damage 10 /
character Is iafamising punishment, aad \
such being the punishment, the crime If SO pun 1
ishsd must be " infamous sls9. Il was pre-
cisely to pre7eat such oppression in time Of |
war or civil commotion, By party msjorities IN
Congress, or by party chiefs in the Presidential 4
casir, that those safeguards were placed in tns
Constituten.
hr. Lincoln adopts and bases his dsfsass
mainly upsn the himsy dogma that tho Consii
sution was made fer peaea and not for war
.ast Bow and weak invention Of the enemy /
10 civil liberty. he relies upon that clause Of I
.Ae Constitution giving Congress power to sus- 4
leod the privilege of habeas corpus "When in 4
ease Of rebellion or invasion the public safety 4
may require IT," Ihis, he SAYS "sstssis the IN 4
5ors.anding Of thoss who made the Constitution 4
.hat ordinary courts Of justice are inadequate 20
CAGES Of ebsliiou-attests their purpose that in I
such cases men may be held il custody whea 4
be c0url5 would discharge" This is sound 1
1octIEe, but whence does he receive the power 1
to e. Pcsi fact0, OF Otherwise 20 create new
criminal ofsnse and punish it at his discretion, /
vita or Fitaaut the instrunentsitY Of court
different The people are acgus toned {
60 seeing mex arrested and hal5 90 bail uEon
mere suspicion Of unProysble criae, and il Is bat
G small stretch ct the same policy % show their
arrest and temporary Gotentioa without priTilogs \
Of trial ia time OF public danger. Pablc neces-
sity may require, sound policy may allow thus .
much, but nothing more. i is wide stretch
beyond taia for tbs military 70 undertake 70 pHn-
ish IS we'll as arrest. This the Constitution
nowhere allows, but expressly forbids. The
clause referred to so far nom sustaining the
delastabls dOgms, tends very strongly .
its disBroof according to the sound rUle
sf construetisn that srpTessi0 WRias Is,
ercIusio aI.erias. The Constitution having
given Congress discretioa to sa5pen5 the e1-
sreiss in one particular instauee, 10 ether, dur
ir1g war OF rebellion, Of enc ef the functions Of /
the civil authority, is demonslrative pr5of Of /
two things either Of which utterly annihilates /
his whole argument. First, that such suspen- /
sion aust n0t be carried beyond that particular /
second, that the ConslitutiOa was |
made fer time Of war or rebellion, as well as for /
time Of peacs, otherwise there would have been /
no need for the habeas eerpus clause, for with
out it, according 70 the dogma, the Executive /
would have had unstinted power to. arrest
and punish. The Constitution gives the Gov