The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1863-06-17

rest was made on mistake OF TACT, which | Woulu
be glad to correct on reasonably satisfactory evil
dence. 4.
understand the meeting whose resolutions
am considering, to be in favor of suppreSsng the
rebellion by military force-by armies. Long ex-
perience has shown that armies cannot be main
tanned unless desertion shall be punished by the
severe penalty of death. The case requires, and
the law and the Constitution sanction this punish
ment, Must shoot mple-minded soldier boy
who deserts, while must not touch hair of a
willy agitaor who induces him to desert? This
is none the less Injurious when effected by getting
father, or brother, or friend, into public meet
ing, and there working upon his feelings til! he is
persuaded to write the soldier boy that he is h5ht
ing in bad cause, for wicked Administration Of
a contemplate Government, too weak to arrest
and punish him if he shall desert. think that
IN such case, to silence the agitator and save
the boy is not OILY CONSTITUTIONAL but wIthal a
great mercy.
If be wrong on this question of constitution
al power, my error lies in believing that certain
proceedings are constitutional when, in cases Of
rebellion and invasion, the public safety does
require them in other words, that the Constitu
ton is not, 10 Its application, in all respects the
same, in Cases of rebellion or invasion involving
the public safety, as It is in times of profound
peace and public Sc curty. The Constitution itself
makes the distinction and | can no more be
persuaded that the Governm ent can constitutions
ally take no strong measures in time of rebellion
because 1t c n be shown that the same could not
be lawfully taken in time of peace, than | can be
persuaded that particular drug is not good
medicine for a sick man, bee ,ust 1t can be shown
not to be good food for il man. Nor am
Rblt to Apr ciate the danger unprecedented by
the meeting that the American people will, by
means of military arrests during the rebellion, lose
the right OF public discussion the liberty Of speech
and the Press, the law of evidence trial BY iury.
and habeas corpus, throughout the indefinite
peaceful future, which trust lies before them,
any more than ] am able to believe that a man
could contract SO strong an appetite Tor emetic,
during temporary illness as to persist in feeding
upon them during the remainder of his healthfuI
lie
In giving the resolutions that earnest consider
alton which you request Of me, | cannot overlook
the fact that the meeting speak as Democrats. "
Nor can with full respect for their known intel
isence, and the fairly presumed dtbelauon with
which they prepared their resolutions, be permit
ted to suppose that this occurred by accident. or
in any way other than that they preferred to d. S.
ignate themselves as Democrats" rather than
"American citizens" In this time of national
peril | would have preferred to meet YOU upon a
level one step higher than any party platform J;
because | am sure that, from such more elevated
position, we could do better battle for the country
we all love than We poss bly, can from those lower
ones where, from the force OF habit, the preiudi.
ces of the past, and selfish hopes OF the future, we
are sure TO expend much of our ingenuity and
strength 10 tiGdlng fault with and aiming blows at
each other. But, since you have denied me this,
VIII yet be thankful, fer the countrys sake, that
not all Democrats have done so. He on whose
discretion lry Judgment Nalandigham was arrest
ed and tried IS Democrat, having no old party
affinity With me and the Judge who rejected the
constitutional view expressed IN these resolutions,
by refusing to discharge Mr. Vallandigham on
habeas corpus, is Democrat of better DAYS than
these, having received his judicial mantle at the
hands OF President Jackson. And still more, of
all those Democrats who are nobly exposing their
lives and shedding their blood on the battlefield
have learned that many approve the course ia
ken with Mr.. Vaandlgham, while | have not
heard # single one condemning it. | cannot
assert that there are none such. And the name
of President Jackson recalls an instance of peril
nent history. After the battle of New Orleans,
and while the tact that the treaty OF peace had
been concluded was well known in the city, but
before Official knowledge OF it had arrived, Gen.
} ackson still maintained martial or military law.
Now, that 1t could be SAID the war was over the
clamor against martial law, which had ext ted
from the first, grew more furious Among other
things a Mr.. Louail'ier published denuhciatory
newspaper artc e. Gen. Jackson arrested him.
lawyer by the name of Morel procured the
United States Judge Hall to order a writ of ha-
beds corpus to relieve Mr.. Lou,iIIier General
jackson arrested both the lawy er and The Judge.
A Mr. Hollander ventured to say of some part u
the matter that cit was a dirty trick" General