Year: 1863

from the HreSldcntS S letter to EraStus
Corning and others, to our readers, ho-


ping they will give the subject treated


their candid and impartial study. We
would publish the whole, but our space


will not permit


understand the meeting whose reso-
lutions | am considering, to be in favor
of suppressing the rebellion by militia
ry force-by armies. Long experience
has shown that armies cannot be main
tanned unless desertion shall be punish
ed by the severe penalty of death. The
case requires, and the law and the con-
stitution sanction this punishment. -
Must | shoot simple minded soldier
boy who deserts, while must not touch
hair Of a willy agitator who induces
him to desert? This is none the less
injurious when effected by getting ia
ther, a brother, or friend into public
meeting, and there working upon his
feelings till he is persuaded to write the
soldier boy that he is fighting 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 a case, to silence
the agitator and save the boy is not only
constitutional, but withal a great mercy.


If be wrong on this question Of con
stitutional power my error lies in be-
lieving that certain proceedings are con-
stitutional when in cases Of rebellion or
invasion, the public safety requires them,
which would not be constitutional when
in absence of rebellion or invasion, the
public safety does not require them in
other words, that the constitution is not
in 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
curity. The constitution itself makes
the distinction; and [ can no more De
persuaded that the government can con-
s6tutionally take no stronger measures
in time Of rebellion, because it can be
shown that the same could not be law
fully taken in time of peace, than | can
be persuaded that particular drug is
not good medicine for sick man, be-
cause it can be shown not to be good
food for a well one Nor am | able to
appreciate the danger apprehendcd 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 jury,
and habeas corpus, throughout the in
definite peaceful future, which | trust
lies before them, any more than | am
able to believe that a man could contract
so strong an appetite for emetics during
temporary illness as to persist IN feed
inc upon them during the remainder Of
his healthful life.


In giving the resolutions the earnesl
consideration which you request of me,
cannot overlook the fact that the meet
inc speaks as democrats" Nor can |,
with full respect for their known intel
ligence, and the fairly presumed delib-
Grafton with which they prepared their
resolutions, be permitted to suppose that
this occurred by accident, or in any way
other than that they preferred to desig-
nate themselves democrats rather
than American citizens" In this time
of national peril [ would have preferred
10 meet you upon level one step high
er than any party platform; because |
am sure that, from such elevated posi-
ton. we could do better battle for the
country we all love than we possibly can
from those lower ones where, from the
force Of habit, the prejudices of the
past and selfish hopes of the future, we
are sure to expend much Of our ingenu-
ity and strength in finding fault with,
and aiming blows at, each other. But
since YOU have denied me this, | will
vet be thankful for the countrys sake,
tLat not democrat has done so. He
on whose discretionary Judgment Val
landigham was arrested and tried is a
democrat, having no old party affinity
with me; and the judge who rejected
the constitutional view expressed in
these resolutions, by refusing to dis
charge Mr.. Vallandigham on habeas
corpus, is a democrat Of better days
than these, having received his judicial
mantle at the hands Of President Jack
son.


And still more, of all those democrats
who are nobly exposing their lives and
shedding their blood on the battle field,
/ have learned that many approve the
course taken with Mr. Vallandigham,
while / have not heard a single one con-
denlning it. I cannot assert that there
are none such. And the name of Pres
ident Jackson recalls an instance of per-
tinent history. After the battle of New
Orleans, and while the fact that the
treaty Of peace had been concluded was
we'll known in the city, but before Of
fetal knowledge of it had arrived, Gen.
Jackson still maintained martial or mil
;tarv Law Now. that it could be said