Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-06-22
4 Review OF President Iincoins
Response tn fhe albany Meeting.


II j. matter for no little graduation TO every
lover Of the Con-tiiution. 20 every loyal patriot.
that President Lincoln his thus placed IN tangi
bic form before the public what there j. of ret-
son. or is semblauce. m support Oi hls usurped
power Ia abridge and punish freedom of speech
and of the press II j. what he and hi- advisers
IN and OF OF the Cabinet have 20 present At the
bar of reason. Let not The fim-y and " holly Ia
adequate character OF the reasoning induce an ~
ference of any deficiency IN him. or them The
fault = not theirs. il not from any lack Of c.
pacty IN them 10 do Justice 10 the subject tor the
argument j. really good. just plausible a.
any that has been can be made that side of
the question Ii i however 80 discursve and
unmethOdical ~ necessarily TO impart much OF
the same quality 10 this brief notice OF it,
The first noticeable thing which IL presents. is
his seizug hold of the trct stated in OF the
Albany resolutions that the great safeguards To
free speech free press and personal liberty, were
adop.ed into the Federal Constitution after the
close of the revolution. for the he OF m king
what he no doubt deems telling refOrt. he
axis wheher the demonstration would not have
been better. il IL could have been truly said that
thee safeguards had been adopted during our
revolution. instead Of after IL close During the
revolution they could not have been adapted
into the Federal Constitution, for It then had no
existence: but those safeguards were tiken al
must verbatim from the constitutions OF several
OF tire larger States which we're m 'de during the
actual peudency of the revolutionary war and for
the rule oi government IN AN actually existing
civil war. A. an exposition of the views OF the
trainers of the Constitution. as revolutionary
authority Ia prove that those safeguards were
specially metnf for times OF war ar.d civil com
notion The presidents from the constitutions ct
those States fully authoritative il the
Federal Constitution itself bad been adopted
during the revolution
To escape from those safeguards he asserts
that the military arrest. trial md Punishment OF
Nr Ntilandigh IN, was not holding hun to tn
swer for capith or otherwise " Infamous
crime" nor were the proceedings - z ,in.t him
criminal prosecution P" The efiIonrery of mere
denial cannot 20 beyond this What classitca
ton must a crime belong which is not in mou~.
yet justified ts punishment hy close imprisonment
for lite. according Ia the sentence OF the court
martial. 10 Punishment for lie, according Ia
the Illegal alteration OF the Presldenl He does
not tell and ingenuity will not waste It's
astuteness IN any effort 10 ascertain. The whole
burthen OF his attempt To justify the punishment
Is by affirming that the speeches of Mr. Nallan-
dlgham were aiding and assisting the enemy. or
in other words were quasi treasonable-at least
they the penetration o. moral treason
There being no Legal punishment. rs he wrong
fully aiii ms. for the supposed ofiense. he makes
the absence of all such law the very foundation
of his claim % nHct the punishment. The Con
stitution having carefully defined treason and
precluded that engine OF tyranny eonstructi, e
treason. aud Congress not having. ~ he alleges.
provided any penalty for such an ohense. he un
dertakes post facfo. To create this
structlve treason and punish IL BY penalty OF
his own enactment Verify. Mr. Lincoln. this j.
std work YOU making with our Constitution.
il YOU prove that il gives YOU such lalituduOus
ui-srefinr 4 nVp the llbprffps al
counfr, men As e. his denial To Mr Nallandg
ham, persecution was a t" crimmal prosecution"
within the me ming of the Constitution. il uSt
ast0und every mn OF sense. There Is no deny
ing that II i criminal prosecution OF some sort.
and of course must tall Within the broad compre-
hensive prohibition of all prosecutions except
those legally made With the aid of jury trial
The only exception l. that refullv made by IKE
Constitution itself. for the punishments by mill
try courts OF persons employed ia the militia
~ service. the making OF which exception con
Us vey proves the intention To exclude any
other. The theory OF the Constitution l., that
ii j. for better crime should 90 unpnnshed
than that its punishment should be entrusted TO
anybody but courts and jures The recent
glorious meetings OF the people To protest against
the punishment of Mr. Valandigh IN show that
such j. the national understanding, with fixed
resolve not TO be robbed of their liberties by
coin should take heed how he disre CARDS this
national sentiment. or he may have a civil war
al the Worth in addition to that at the Sputh
The CONSTITUTION saws excessive bail shall
not be required. cruel ani unus ual punish
ments inflicted" Whit say YOU To this safe
suird. Mr. Lincoln? You can not deny thar the
punishment you have Inflicted here, for The exer
else 81 free speeth. il unusual. nor can YOU pro-
perlv DENY that IL l. cruel also or # DO then
rl..
l. barely commensurate with the Nervousness Of
the ofleuse But il such he the character OF The
oliense then what becomes OF your other plea
that IL Is not an infamous crime Ii this
" invented crime. this constructive treason. i
thinlv divided from actual treason ~ IN f0ro
scienfiqe to require dire punishment a. lite
hong Imprisonment or punishment. il surely must
be IN infamous crime ~ actu treason L.
bv common consent the most Infamous OF all
crimes. all is proxlmate congeners such u this.
NUT pirtake l,rg ely ot thst ibiamy. Your coun-
tr, men generally give YOU ereit tor DOING al
you could. by your usurpei legislative and Judi
citi authority, To brand Mr. N4liaudig ham and
hi ch zen With he mfiny pt a convicted trai
tor. Without reference l. the personal hard
shin col such 4 sentence. with right minded men
surh damage TO char cfer : IN missing pun
i-hmeuf. and. such being the punishment. tie
crime. % so punished. must DE " lni'lm us also
Ii WIS pre- i>eiN 10 prevent Sucn otpTe>-l IN m
time Of war or civil c0mmoiiou. 10y patty m ipT
tie m Congress or by party chiefs in the Pres-
dental chair. that thO>e SAFE guards were placed
in lie Constitution.
Mr Lincoln adopts and bases his defense
manly nDon the tinsey lo.m, that the Con>rl
tuition wss IN sde flr pence and not for war
TINT new anu week invention ol the enemy TO
civil liberty He relies ufnu that rlsuse of the
Constitution givng Congress power To suS-
pend the privilege oi hlbes corpus when in
ca>e Of rebellion or invasion the public safety
understanding OF those Who ode the Cousti
tutan that ordinary courts OF justice m
adequate 10 no eases of rebelliun-attestS Their
purpose that in such eases men my he he'd
in CUSTODY whom the courts wouid discharge "
This Is sound doctrine. bui Whence does he r.
ceNe the power eI post facfo. or otherwise 70
create new criminai ,tien~e anil punish At h.
discretion. with or without The instrumenmliry OF
court martia OF his appoinfin-g The Two things
are altag ether different TIE peugle are accus
toned % seeing men arrested and held 10
bill upon suspicion OF mere uuprovshie crime.
and il 5 but smaii stretch OF the same policy
II allow their arrest AMI Temporary detention
without privilege Of trial in time OF public
dtaser Public necessity may require. sound
policy may allow thus much. Dot uvthing more.
Il > wide stretch beyond this for the military
- undertake. 20 punish - well n arrest This
the Constitution nowhere allows but expressly
forbds This clause referred "a - far from
iaiulng the delestabe dogma. teuds very strongly
IL di~nroof according TO the sound rule OF