The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-02-12

How He Dealt with New York Copper
heads and Yallandigham's Friends.

Potomac he was sent TO the omman or
the Department Of Ohio. He established
his headquarters In Cincinnati. I'm April,
1868. He undoubtedly had confidential ir-
structions in regard to the mode of dealing
with the rising tide OF disloyalty whics.
beginning In Ohio. was sweeping over the
West Tn Mount Vernon speech OF Mr..
vallandigham would inevitably lead to
similar demonstrations elsewhere. General
Burnside determined TO deal with its au-
thor. On Monday evening. May 4. he sent
a detachment Of soldiers TO Mr.. Vallan-
digham's residence in Dayton. arrested
him. carried him TO Cincinnati. and tried
him by a military commission. of which a
distinguished officer, Gen. Robert B. Pot
ter, was president. Mr.. Vallandigham re-
sisted the whole proceeding as a violation
Of his rights as a citizen OF the United
States and entered a protest. declaring that
he was arrested without due process or
law and without warrant from any Judi
cial officer; that he was not in either the
land or naval forces OF the United States.
nor in the militia in actual service, and
therefore was no: triable by a court-mar-
tial or military commission, but was sub
ject only by the express terms OF the Con-
stitution to be tried on an Indictment On
pr-esentment of a grand jury. OF the Of
tense charged against ulIIls lucIc was hO
doubt and scarcely a denial, and the COM
mission, brushing aside his pleas. convicted
him and sentenced him TO be placed In
close confinement during the continuance OF
the war in some fortress OF the United
States. General Burnside approved the pro-
ceeding and designated Fort Warren, in
Boston harbor, as the place OF Mr.. VAL
landagham's detention.
The President. with that sagacity which
was intuitive and unfailing in all matters
Of moment, disapproved the sentence and
committed Ii to one sending Mr.. Vallan-
digham beyond our military lines TO his
friends Of the Southern Confederacy. The
estimable and venerable Judge Leavette.
of the United States District Court, was
applied to for a writ Of habeas corpus.
but he refused to issue 1t. The Judge de-
clared that the power of the President I'M
doubtedly implies the power to arrest per-
sons who, by their mischievous acts OF
| disloyalty, impede or hinder the military
| operations Of the government The Demo-
cratic party throughout the United States
took up the case with Incorporate and Ill
tempered zeal. Meetings were held in vari-
Gus places to denounce Ii and TO demand
| the right Of ~Vallandigham to return from
the rebel lines within which ne had been
| sent. Governor Seymour, Of New York,
In a public letter. denounced the arrest "as
an act which had brought dishonor upon
our country and is full or danger to our
persons and our homes. II this proceeding
is approved by the government and sane
toned by the people. IL is not merely a
step toward revolution, il is revolution; 1t
will not only lead to military despotism,
1t establishes military despotism. In this
respect it must be accepted, or In this re-
spect 1t must be rejected. If 1t is upheld
our liberties are ovsrthrown." Waxing still
holder, Governor Seymour said: THE peo-
ole of this country now await with the
deepest anxiety the decision of the adminis-
tration upon these acts. Having given IL
a generous support in the conduct. OF the
government it is for which we are asked
TO pour out our blood and our treasures.
The action of the ADMINISTRATION will de-
W Wase this PwSP, is wassd. to put down
rebellion in the South or to destroy free
institutions In the North"
The evil effect upon the public opinion of
the North Of such language from a man
of Governor Seymour'S high personal char
acter and commanding influence with his
party can hardly be exaggerated. 1t came
at a time when the administration was
sorely pressed and when 1t could not stand
an exasperating division in the North. The
large meeting of the D2mocrabc party
in Albany, presIaed over by Erastus Corn
ing. and called to.consider the act of the
administration. Al long series OF resolu-
lions denounclng Vallandigham's arrest
were adopted and forwarded TO the Pres
ident- But Mr.. Lincoln rose to the &C.
casion it inspired. and his letter of June
II to the Albany committee turned the pop
u la; tide powerfully IN in favor no1r OF the "a;
standlng and pr0fogndly stirred the hearts
not arrested said the Presid mt, because
he was damaging the political prospects
Il forests of the commanding general. bit b.
cause he was damaging the army of the
commanding. general, upon the existence
depends. - If Mr.. vailandigham
was not damaging the military power Of
mistake of facts, which would
De glad to correct upon rea-
sonabIyo , satisfactory mssf'ryg shdss rs.d ! 0n,
I am considering to be in favor of suppress
ing the rebellion-by armies. Long expert
ence has shown that armies cannot be
maintained unless desertion shall be pun
ished by the severe penalty OF death. The
case requires, and the law and the Consti-
shoot a simple-minded soldier boy who de-
serts, while l must not touch a hair OF the
willy ~agitator who induces him TO desert?
This is none the less injurious when effected
by getting father, or brother, or friend into
a public meeting and there working upon
his feelings until ne is persuaded 10 write
the soldier boy that he is lighting in a bad
cause, for a wicked administration or a con-
temptible government, too weak TO arrest
anu PUNISH MIN II ne sudh uSSClN Il thhih
that in such a case to silence the agitator
and to save the boy Is not only conStitu-
tional, but is, withal, a great mercy"
No other man in our history mas 50 fuly
possessed the power OF presenting an argu-
ment in concrete form, overtime wing all
the logic of ass3ilants aud touching the
chords Of public feeling with a tenderness
which becomes an irresistible force.
The Democrats Of Ohio took up the arrest
of Vallandighan with especial earnestness,
and were guilty Of the u~nspeakable folly
Of nominating him as their candidate for
Governor. They appointed an imposing COM
mittee-one from each congressional dis
| trict of the State-to communicate with the
President in regard 10 the sentence or BAN
isnuent. They arrived In Washington about
the last Of June. and addressed a long COM
munication to Mr. Lincoln, demanding the
release and return OF Mr.. Nallandigham
They argued the case with ability. No less
than eleven Of the committee were or had
been members OF Congress, with George
II. Pendleton at their head. Mr.. Lincoln's
reply. under date OF June q, 10 their COM
1IunIcauUI. was as felicitous and conclusive
as his reply to the Albany committee. lie
expressed his willingness 10 accede TO thelr
request to release Mir. Vallarulgham with
ont asking pledge, promise or retraction
from him. and with only one single condi-
ton. That condition was that the gentle
men of the committee themselves. repre-
OF the Ohio Democracy. will subscribe 70
a rebellion I'm the United States, the object
and tendency OF which Is 10 destroy the ma
tional Union. and that in your opinion ar
army and na-y ere constitutional means
for suppressing that rebellion: second, that
no one of you will do. ANYTHING which. in