The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1863-07-15

| pretended crimes than that of utterln,
words of legitimate criticism upon tn,
conduct of the Administration in power
and of appealing to the ballot-box for
change of policy-(said arrest and militia
ry trial taking place where the courts o
law are open and .unobstructed, and for NJ
act done within the sphere of active mill
tary operations in carrying on the wary
we regard as a palpable violation of the
following provisions of the Constitution
ofthe United States:
/. Congress shall make no law :
abridging the freedom of speech or of the
press, or the right of the people peaceably
to assemble, and to petition the Government
for redress of grievances
2. "The right of the people to be secure in
their persons, houses, papers, and effects
against unreasonable searches and seizures
and not to be violated and no warrants shall
issue, but upon probable cause, supported by
oath or affirmation and particularly dsscrib
ing the place to be searched and the persons
or things to be seized,"
3. "No person shall be held to answer for a
capital or otherwise infamous crime, unless
on presentment or indictment of a grand
jury, except in militia, when in actual SER
vice In time of war or public danger.''
d %In all criminal prosecutions the accused
shall enjey the right to a speedy and public
trial, by an impartial jury of the State and
district wherein the crime shall have been
committed, which district shall have been
previously ascertained by law"
And We furthermore denounce said arrest,
trial, and banishment, as direct insult
offered to the sovereignty of the people of
Ohio, by whose organic law it is declared
that no person shall be transported out of
the State for any offence committed within
the same.
16. That Clement L. Vallandigham
was, at the time of his arrest, promi-
nent candidate for nomination by the
Democratic party of Ohio, for the office
OF Governor OF the State; that the Dem
ocratic party is fully competent to decide
whether he is fit man for that nomina-
ton, and that the attempt to deprive them
of that right, by his arrest and banish-
ment, was an .unmerited, d,imputation upon
their intelligence and loyalty, as well as
violation of the Constitution.
II. That We respectfully, but most
earnestly, call upon the President Of the
~ ultSo ClQtOS W lOotOlC NlCAOib al
landigham to his home in Ohio, and that a
Committee of one from each Congressional
district,of the States to be selected by the
presiding officer of this convention, is
hereby appointed to present this applica-
tion to the President.
The undersigned, in the discharge of
the duty assigned them; do not think it
necessary to reiterate the facts connected
with the arrest, trial, and Punishment of
Mr., vallandingham-they are W ell known
to the President, and are Of public his
tory-nor to eularge upon the positions
taken by the convention, nor to reeapltu
late the constitutional provisions which
it is believed have been contravened; they
have been stated at length and with
clcarness III the resolutions which have
been recited. The undersigned content
themselves with brief reference to other
pertinent to the subject.
They do not call upon your Excelleney
as suppliants praying the revocation Of
the order banishing Mr.. Vallandigham as
a favor; but, by the authority of a con-
rention representing a majority of the
citizens OF the State of Ohio, they re-
spectlully ask it as a night due to an
citizen, in whose personal IN
jury the sovereignty and dignity of the
people OF Ohio, as. a free State, have been
And this duty they perform
the more cordially from the consideration
that, at a time OF great national energen
ey, pregnant danger to our Federal
Union, it is All important that the true
friends of the Constitution and the Union,
however they may differ, as to tie mode
Of administering the Government, and
the measusures most likely to be success
full IN the maintenance OF the Constitu-
ton and the restoration of the Union,
should not be thrown into coutiict with
each other. The arrest, unusual trial,
and banishment Of Mr.. Vallindigham,
have created widespread and alarming
disatfection among the people of the State,
not only endangering the harmony of the
friends ofthe Constitution and the Union,
and tending to disturb the peace and
OF the State, but also impair
ing ,hat confidence in the fidelity of your
Il din inistration to the great landmarks
Of free government, essential to the peace
lul SuCCGSolul CulplSOHlCHG VI IuC
laws in Ohio.
You are reported to have used in
public communication on this subject, the
language: aBpsa m ha
"a sit gave me pain whenI learned that
Mr. Fallandigham had. been isrrested-
that is, / was pained- that there should
have seemed to be anecessity for hrresting
him; and that it will afford me great pleas
urv to discharge, him, so soon 7as can
by any, means believe the public safety
vail lot suffer by it, ta1iL m} 34s
The undersigned assure your Exeellen-
cys from our lpersonal knowledge of the
feelings of the people of Ohio, that the
public safety will be far more endangered
by continuing Mr.. Nallandigham in exile
than by releasing him. 1t may be true
that persons differing from him in polite
al views may be found in Ohio, and else
where, who will express different opin-
ion. Butthey -are-certainly mistaken.
Mr. Kallandighain may differ with the
Presidents and-even with1seme of his own
political party, ais to the true and most eff
teetual means of maintaining the Consti-
tuition and restoring the Union; but this
III ditfernnce Of soIlinion does not proye Aim