Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-06-18


prevent mutiny IN the army equally con-
stltutlonal at AL places where they will
conduce to the public safety, rs against
the dangers OF rebellion or Invasion. Take
tho particular case mentioned by the meet
ing, II is asserted, in substance, that Mr..
Nalandlgham vas, by a military comman-
der seized and tried " for no other reason
than words addressed to public meeting,
N criticism of the course of the admins
traton, and in condemnation OF the mill
tary orders of the general" Now, if there
be no mistake about this, if this assertion
is the truth and the whole truth; if there
was no other reason for the arrest, then !
concede that the arrest was wrong. But
the arrest, as understand, was made for
a very different reason. Mr. Vallandig-
ham avows his hostility to the war ON the
part of the Unionf and his arrest was
made because he was laboring, with some
effect, to prevent the raising of troops; TO
encourage assertions from the army and
to leave the rebellion without an adequate
military force TO suppress it. He was not
arrested because he was damaging the po-
litical prospects of the administration, or
the personal prospects of the commanding
general, but because he was damaging the
army, upon the existence and vigor Of
which the life of the nation depends. He
was warning upon the military, and this
gave the military constitutional iurisdic-
ton to lay hands upon him. If Mr.. Val
landigham was not damaging the military
power of the country, then his arrest was
made on mistake of fact, which | would
be glad to correct on reasonably satlstac-
tory evidence.
understand the meeting, whose resolu-
tons | am considering, to be IN favor OF
suppressing the rebellion by military force
by armies. Long experience has shown
that armies cannot be maintained unless
deseruon shall be punished by the severe
penalty of death. The case requires, and
the law and the constitution sanction, this
punishment. Must shoot simple-mind-
ed soldier boy who deserts, while must
not touch hair of willy agitator who
\ induces him to desert? This is none the
les injurious when effected by getting a
father, brother, or friend, into public
meeting, and there working upon his feel
ings till he is persuaded to write the SOL
dier boy that he is fighting IN bad cause,
for wicked administration of contemp-
tible government, too weak to arrest and
punish him if he shall desert. | think
that in such a case, to punish the agltator
and save the boy is not only constitution
o. but withal great mercy,
If be wrong on this question of con-
stitutional power, my error lies IN behev-
ing that certain proceedings are constltu-
tional, when, in cases of rebellion or inva-
sion, the public safety requires them, which
would not be constitutional when, in alb
sence of rebellion or invasion, the public
safety does not require them; in other
words, that the Constitution is not, In its
application, in all respects the same, in
cases of rebellion or invasion involving tbs
public safety, as it is in times of profound
peace and public security. The Constitu
ton itself makes the distinction and
can no more be persua led that the Gov
eminent can constitutionally take M
strong measures in time of rebellion, be
cause 1t can be shown that the same coult
not be lawfully taken IN time of peace
than | can be persuaded that certain
drug is not good medicine for sick man
because ii can be shown not to be goo,
food for a well one. Nor am | able to ap
preciate the danger unprecedented by tn
: meeting, that the American people will
by means of military arrests during tn
| rebellion, lose the right of public discussio'
the liberty of speech and the press, tn
law of evid nee, trial by jury and habea
corpus, throughout the indefinite peaceful
G future, which trust lies before them, an
more than | am able to believe that a ma
could contract so strong an appetite ft
emetics during temporary illness as to pei
slst in feeding upon them during the II
s mainder of his healthful life.
y In giving the resolut ons that earne'
: consideration which yon request of me,
: cannot overlook the fact that the meetln
:; speak as q Democrats" Nor can |, wi
y fall respect for their known intelligence
!. e and the fairly presumed elaboration WI
y which they prepared their resolutions,
= permitted to suppose that this occurred
accident, OF III auy way otuei lhah III
" they preferred to designate themselv
2 " Democrats rather than american CT
=; zens.'' In this time of national perl
= would have preferred TO meet you upon
= = level one step higher than any party pls
: form; because am sure that, from su
- more elevated position, we could do bet'
5 ts.siv for the country we all love than
II possibly can from those lower ones whel
!, from the force of habit, the prejudlces
II the past, and selfish hopes of the futul
n, we are sure to expend much of our inge
~ uitv and strength in finding fault with al
II aiming blows at each other. But, SIN
~ you have denied me this, will yet
y; thankful, for the country's sake, that \
III all Democrats have done So He on who
ls discretionary Judgment Mr.. Vallandighs
was arrested and tried is Democrat, ha
le ing no old party affinity with me; and
DC Judge who rejected the Constitutional vi
10 expressed IN these resolutions, by refusi
to discharge Mr.. Vallandigham on hab'
u corpus is Democrat of better days tn
''s these, having received his Judicial man
nc at the hands of President jackson. A