The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-07-07

Of rebellion or invasion, involving the public safety.
the liberty could be INDUCED OF expungng that clause
ment would be with you.
My general Wow on this question was stated in the
Albany response, and hence do not state only
that TO me- the benefit Of the writ Of habeas
corpus Is the great means through which tho guarantees
Of personal liberty are conserved and made available In
the last resort and corroboratve OF this view Is the fact
that Mr. yaiandeham In the very case n question:
the advice of able lawyers where else to 20 but
TO the babeas corpus But by the constitution the benefit
of the writ OF habeas corpus itself may be suspended
when in of rebellion and the public safety
may require it,
i You ask in substance whether really claim that may
override all the guaranteed rights Of individuals tho
plea Of conserving the public saetywhen may choose
10 say the public safety requires It, This question: di.
vested OF the phaseoiogy calculated TO represent
struggling for an arbitrary personal prerogatve seher
simply question who shall decide affirmation that
nobody shall decide what the public safety require
in OF rebellion or invasion The constitution
templates the question likely for decision but
it does expressly declare who Is to decide it, BY
necessary Implication when rebellion Invasion comes
the decision to be made from time to time and think
the whom, for tho time the people have
constitution, mnde the Commander in Chief their army
navy, the man who holds tho powerand bears the
responsibility Of making it, II he the power Justly
the people will probably justify him. II he abuses
it, he their hands, to dealt with by all the modes
they have reserved to themselves the constitution
The eanestness with which you insist that persons can
only in times OF rebellion be lawfully dealt WITH in
oordance with the rules for criminal trials and punish
ments in times OF peace, induces me to add word TO
what said on that point in the Albany response. You
claim that men may, II they choose, embarrsss those
whose duty it is to combat giant rebellion and then DO
dealt with only In turn il there rebellion The
constitution itself rejects this view The military arrests
and detentons which have been made including
Mr.. Vallandgham, which different in principle
from the other have been for prevention, and not for
punishmen-as injupctions to stay injuryas proceed
ngs to keep the peaceand hence like proceedings in
such cases for like reasons they have been
companied with indictments, or trials by juries in
single case by any punishment whatever beyond what
purely incidental to the prevention The original
tence OF imprisonment in Mr. valandighams to
prevent injury to the military service only and the mod
icat0n OF it made less disagreeabc mode him
of securing the same prevention.
am unable perceive insult to Ohio in the Of
Mr. Vailandgham. Quite surely nothing OF this sort was
or is intended. was wholly unaware that Mr. Valnn-
dham was. at the time OF his arrest candidate Cor the
democratic nomination for Governor until so informed
by your reading the resolutions the convention
grateful to the state Of Ohio for many things, espe-
cay the brave soldiers and officers she has given in
the present national trial armies of the Union.
You claim, as understand, that according to my own
position IN the Albany response Mr.. valandgham should
be released, and this because you claim, he has not
damaged the military service by discouraging enlist
ments, encouraging desertons otherwise and that il
he had, he shouldayc been turned to the civil
thorties under the recent acts OF Congress certainly
do NOT know that Mr. Vallandgham has specifically and
favor of desegtion and resistance to drafting. We
all know that combinations, armed in some
instances to resist the arrest OF dcseters began several
mouths ago. that more recently the like has appeared in
resistance to the enrolment preparatory TO draft and
that quite number OF assassinatons have occurred
from the same animus These had TO be met by military
force and this again has led to bloodshed and death
And now, under sense OF responsibility more weghty
and enduring than any which is merely ofcal soemnly
declare my belief that this hndrance OF the military in
GLIDING manning and murder, is due TO the course in
which Mr.. vallandgham has been engaged, in greater
u other and due to him person
ally in creator degree than any other These
things have been notorious, known to ALL and OF
wrong say they originated with his especial friends
and ndherents With perfect knowledge OF thom he has
Sres AND before popular ana IN
DO shown that, with these things staring
counsel against them. it will DO fact greatly in his
with me, and one OF which, yot am totally ignorant.
When 1t is known that the whole burden Of his speeches
has been to stir up men against the p9sccution of the
and that in the midst Of resistance to It he has
been known 10 any instance to counsel against such re-
sstance, it Is next to impossible repe tho
that he has counseled directly in Of it. With all
this before their the Convention you represent have
nominated Mr. val'"ndgham for Governor Of Ohio and
both they aud you declared the purpose
the Natonsl mon by all constitutional But OF
course they and In common TO yourselves TO
decide what arc constitutional means, and unlike the
Albany meeting, you omit TO state or intimate that in
your opinion an army Ia constitutional means
egcn TO intimate that you are conscio~s or an
existing rebellion being in progress with the
avowed object Of destroying that very Union. At tho
same time your nominee for governor In whose behalf
you appeal known to and to the world to declare
against the use OF an army to suppress the rebellion
Your attitude therefore. encourages descrton re-
stance to the draft and tho like because 1t teaches
those who incline 10 desert and escape the draft believe
It your purpose protect them hope that you
viii become strong enough 10 do 80 After a personal
intercourse with you gentlemen OF the committee, can
not say think desire this effect 10 follow your at
tude; but you that both friends and eneucs
the Union look upon II In this light Il Is substantial
hope and by consequence real strength TO the enemy
It Is false hope and which you would willingly dis
pei will mako the way exceedingly easy. send you
duplicates OF this lettor, in order that you majority
Of you may, you choose endorse your names upon
understanding that those signing thereby committed
TO the following propositions, and 70 nothing olse
l. That there Is now rebellion In the United States
the object and tendency OF which ia TO destroy the
tonal Union and that In your opinion army navy
constitutional means for suppressng that rebellion
that no one OF you will do anything which, In his
judgment, will tend to hinder the increase
the decrease lessen the efficiency Of army or navy
while engaged In tho effort to suppress that rebellion
and,
g. That each OF you wi in his sphere do all he can 70
have the officers, soldiers and OF the army and
navy, while engaged in the effort suppress the rebel
liou, rad, fed, Clad and otherwise well provided and
And with the further understanding that upon receiv.
ing tho letter and names thus endorsed will cause them
published which publication shall bo within ITSELF
a revocation OF tho order relation to Mr. Vallandgham
1t will not escape observation that consent to the
lease Of Mr.. Valiandgham upon terms not embracing
any pledge from him or from Others TO what he will
or will not do. do this because he Is not present "
speak for himself to authorize others speak him
and hence shall expect that returning he would not
put himself practically In antagonism with the position
OF his friends But do IL chiefly because thereby pre-
vail on other influential gentlemen OF Ohio 10 define
their position 10 be Of immense valuo 70 the army
thus more than compromising for the consequences OF
any mistake In allowing Nr. Vallandigham to return 80
that the whole the public safety viii have suffered
BY it, STILL 10 regard to Mr. vaandisham and oil others
must hereafter heretofore, do much tho public
service may seem to require. have the honor TO be
respectfully yours, &C. A. LINCOLN.
THR Hor CRop The Cooperstown New York; Journal
thinks that the hop crop otsego and Montgomery
ties will be somewhat below an average one.
rt.iAM0,A, AMI N0AsAroCIA,