Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1863-07-25
MISCELLANEOUS.
THE PRESIDENT AND VAL
I.ANDE(sEAAM.
NEr. 1incoln's Reply 10 tho Ohio
Committee.

The President has made the following re-
ply to the committee of Ohio copperheads
who went to Washington to present peti-
ton in behalf of Vallandigham
WASHINGTON, ID. c., June go 1868.
Messrs. b. Durchard, David A. Houck,
George Bliss, II. w. BARLEY, W. J. Cor
don, John O'Neill c. A. White, w. L.
Fink, Alexander Long J. w. White,
George IL. Pcndlcton, George L. Con-
verse, Hanzo p. Noble, James r. Morris,
w A. IIutchins, Abner l.. Backus, J. +.
MKcnney, p. c. lie Blond, Louis Schac
fer:
Gentlemen The resolutions of the Ohio
Democratic State Convention, which you
present me, together with your introductory
and closing remarks, being in position and
argument mainly the same as the resolutions
of the democratic meeting at Albany, New
York, refer you to my response to the
latter Us meeting most of the points in the
former. This response you evidently used
in preparing your remarks, and / desire no
more than that it be used with accuracy
In single reading of your remarks | only
discovered one inaccuracy in matter, which
| suppose you took from that paper. 1t is
! where you say: THE undersigned are un-
able to agree with you in the opinion you
/ have expressed that the constitution is diff
| icrcnt i'll time of insurrCCtion or invasion
| from what it is in time of peace and public
! security a recurrence to the paper will
| show you that | have not expressed the
/ opinion you suppose. | expressed the
! opinion that the constitution is different in
! its application in case of rebellion or inva-
| sion, involving the public safety, from what
/ it is i'll times of profound peace and public
security; and this opinion | adhere to, sim
! ply because by the constitution itself things
may be done in the one case which may not
bc done in the other.
! | dislike to waste word on merely per-
! sonal point, but | must respectfully assure
! you tnat YOU will find yourselves at fault
! should you ever seek for evidence to prove
your assumption that l opposed in discus
| sion before the people the policy of the
Mexican war;
/ You say, "Expungc from the constitution
this limitation upon the power of Congress
/ to suspend the writ of 'habcas corpus, and
| yet the other guarantees of personal liberty
would remain unchanged" Doubtless if
this clause of the constitution, improperly
called, as | think. limitation upon the
power Of Congress, were eXpunged, the
other guarantees would remain the same :;
but the question is, not how those guaran-
ties would stand with that clause out of the
| constitution, but how they stand with that
clause remaining in it, in cases of rebellion
| or invasion involving the public safety. If
the liberty could be indulged of eXpunging
that clause, letter and spirit, really think
the constitutional argument would be with
you. My general view on this question was
stated III the Albany response, and hence
! do not state it now. | only add that, as
seems to me, the benefit of the writ of habe-
! as corpus is the great means through which
! the guarantees of personal liberty are con-
! served and made available in the last :rsort
and corroborativc Of this view is the fact
| that Mr.. Nallundigham, in the very case in
! question, under the advice of able lawyers,
saw not where else to 90 but to the habcas
corpus. BY the constitution the benefit OF
the writ of habcas corpus itself may be sus-
pended when in cases of rebellion or inya-
sion the public safety may require it,
You ask in substance whether | really
claim that may override all the guaranteed
rights of individuals, on the plca'of con,
serving the public safety, whcni may choose
to say the public safety requires it. Thi,
question, divestcd of the phraScolOgy calcu
lated to represent me rs struggling for al
arbitrary personal prcrogative, is either sim
!
nation that noJody shall decide, what the
public safety docs require in cases of rebel
lion or invasion. The constitution cOntcm
plates the question as likely to occur fol
decision, bat it does not expressly declare
who Is to decide it. BY necessary applica
ton, when rebellion or invasion comes, the
decision is To be made from time to time
and think the man whom, for the time
the people have, under the constitution
made the cOmmander-n-chicfO of their army
and navy, is the man who holds the power
and bears the responsibility of making it,
If he uses the power Justly the same people
will probably justify him if he abuses it
he is in their hands, to be bealt with by al
the modes they have reserved to thcmsclvc!
in the constitution.
The carncstness with which You insist thai
persons can only in times Of rebellion bC
lawfully dealt with in accordance with tho
rules for criminal trials and punishments il
times of peace, induces me to add word t.
; what | said on that point in the Albany re
sponsc. You claim that men may, if they
choose, embarrass those whose duty it is t.
combat giant rebellion, and then be deal
with only in turn as if there were no rebel
lion. The constitution itself respects thi
view. The military arrests and detention
]
Mr.. Nallandigham, which are not dilicren
in principal from the other, have been 70
prevention, and not for punishment-as in
! functions to stay iniury-as proceedings Il
keep the peace-and hence like proceeding
in such cases, and for like reasons, they hay
not been accompanied with indictments, o
! trials by juries, nor, in a single case, by an.
: punishment whatever beyond what is purcl
,, incidental to the prevention The origina
sentence of Imprisonment in Mr., Nallandig
hams case was to prevent injury TO th
military service only, and the moditicatio
of it was made as II less disagreeable mod
to him of securing the same prevention.
; am unable to perceive an insult To OH
in the case of Mr.. Nallandigham. Quit
, surely nothing Of the sort was or Is intende
| was wholly unaware that Mr.. Nallandlp
ham was, at the time OF his arrest, cand
date for the democratic nomination io
Governor until 50 informed by your readin
Ia me the resolutions OF the Convention.
! ann grateful TO the state OF Ohio for man
things, especially Tor the brave soldiers an
officers she has given in the present nation'