Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-06-20
The PRECEDENT on Arbitrary Arrests.
PRESIDENT LINCOLN is REPLY TO THE ALBANY
DEMOCRATIC REsoLur1oNs.
Executive MAsslox,s I
WASHINGTON, June IL, 1868. i

held Al Albany, n. Y, on the 10th of the
same month, WAS received several days
ago.
The resolutions, as 1 understand them,
are receivable into two propositions-6rst,
the expression of purpose To sustain the
cause of the Union, TO secure peace through |
victory, and to supportthe Administration !
in every constitutional and lawful measure
to suppress the rebellion; and secondly, a |
declaration of censure upon the Adminis-.I
tration for supposed unconstitutional ac-
ton, such as the making of military ar
rests. Aud, from the two propositions, a !
a third is deduced, which is that the gen J
tiemen composing the meeting are resOIv-
ed on doing their part to maintain our
common Government and country, despite
the folly or wickedness, as they may con
ceiVe, of any Administration. Thls posi-
ton is emiuently patriotic, and as such,
thank the meeting, and congratulate the
nation for it, My own purpose is the
samei 80 that the meeting and myself have
common object, and can have no differ
ence, except in the choice of means or
measures for etfecting that object.
And here ought to close this paper,
and would close it, if there were no ap-
prehension that more injurious conse-
! quences than any merely personal to my
1
cslly cast upon me for doing what in my
view OF duty, could not forbear. The
resolutions promise to support me in eve
ry constitutional aud lawful measure TO
suppress the rebellion; and / have not
knowingly employed, nor shall Knowingly
employ, any other. But the meeting, by
their resolutions, assert aud argue that
certain military arrests, aud proceedings
following them, for which l am ultimately
responsible are unconstitutional. think
they are not. The resolutions quote from
the Constitution the definition of treason,
and also the limiting safeguards and guar
antees therein provided for the citizen on
trials for treason, and on his being held to
answer for capital or otherwise Infamous
crimes, and, in criminal prosecutions, his
right TO u speedy aud public trial by an
impartial jury. They proceed to resolve
"that these safeguards of the rights of the
citizen against the pretensious of arbitrary
! power we're intended more especially for his
protection in times OF civil commottou'-
And apparently TO demonstrate the propo-
sition, tue resolutions proceed: "They
were securedsubstautially to the English
people utter years OF protracted civil war,
| and were adopted into our Constitution ut
the colse of the .revoIutiou." You'd not
| the demonstration have have been bet
that these safeguards had heen adopted
and applied during the civil wars and Gu
ring our revolution, instead OF after one
aud at the close of the other? I, too, atn
deVotedly for them after civil war, and
at all times, Except when, in cases of
rebellion or Invasion, the public safety
may require" their suspension. The resO-
lutions proceed TO tell us that the safe
guards shave stood tho test of seventy.six
years of trial. under our republican svs
teran under circumstances which show that
while they constitute the foundation of all
tree 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 re-
bellton, If we except certain occurrence
at Rev Orleans; nor does any one question
that they will stand the same test much
longer after the rebellion closes. But
these provisions of tho Constitution have
no applications TO the case we have in hand,
because the arrests complained ut were
| not made for treRsOn-that is. for the
treason defined in the Constellation. and
upon the conviction of which the puuish-
ment IS death--uOr yet were they made To
hold persons to answer for any CAPITAL or
otherwise Infamous crimes; nor were the
proceedings following, in any cOnstitu-
tlonal OF legal sense, s'criminal prosecu.
tons" The arrests were made on totally
different grounds, and ,he proceedings
to4'oWlng accorded with the grounds of the
arrests. Let US consider the real case with
which we are dealing, aud apply il To the
parts of the Constitution plainly made for
/ such cases.
Prior to my installa ton here, it had been
luculcated that any State has lawful
right to secede from the National Union.
ana that 1t would be expedient to exercise
the right whenever the devotees of the doc-
trine should fail to elect a President to
| their liking. l was elected contrary tn
their liking; and accordingly, SO fnras it
was legally possible, they had taken seven
states out OF the Union, had siezed MANY
Oh tue oulted States forts, and had fired
upon the United States flag, all before /
was inaugurated. and, of course. before I
had done any official act Whatever Tba
rebellion thus began soon ran into the
present civil war; and, in certain respects
~ began on very unequal terms between
tue parties. The insurgents had been pre-
pairing torlt more than thirty years, while
the Government had taken no stems IN re.
slst them. The former had carefSlly CON
sidered all the means which could be turn.
ed to their account. II undoubtedIJ Eas 81
weil-Pondered reliance with them that in
tne'r own unrestricted efforts to de-
stroy Union, Constitution, aud law all To.
getheF, the Government would. in a great
uegree be restrained by the same ConstT.
tuition and law from arresting their nroo.
Eess Their sympathizers peryaded al
departments of the Government, and near.
all communities of the peopi e'..
From this material, under cover of tIih
erty or speech" 'liberty of the Press !,
ana l"hG6eGs corpus" they hoped to keen
On 1907 smong us most efficient corps Of
sPies, intormers, suppliers, and aiders and
ways. They knew that in times sncb ~
they were iuauguratiug, by the Consti,%9
ton itself, the 'shG6sGS eoTpus' miebt bo
sGsPendedi but they also knew tbeT had
IFienus who would make a saestion 40 +o
'eao was to suspend it: meanwhfle tbe;r
| spieH and nthnra sit. -. WuLle tuelr