Year: 1863

IHe itepty OF the L'resade7att0 the Ap


pIicatios, Of the Ohio Committee 70,


the Release Of Vallaadighana.


WASHINGTON, D. c., July s, 1868.


GENTLEMDN :. The resolutions of the
Ohio Democratic State Convention
which you present me, together with
your Introductory and closing remarks
being in position and argument mainly
the same as the resolutions of the Dem.
ocratic meeting at Albany, New York
refer you to my response to the latter
as meeting most of the points in the
former. This response you evidently
used in preparing your remarks, and ]
desire no more than that il be used
with accuracy. In single reading OF
your remarks, | only discovered one
inaccuracy in matter which l suppose
you took from that paper, it is where
you say The undersigned are unable
to agee with you in the opinion you
have expressed that the constitution is
different in time of insurrection or in
vasion from what it is in time of peace
and public security"


A recurrence to the paper will show
you that l have not expressed the opin-
ion that the constitution is different i7a
its application in cases of rebellion or
involving the public safety from what
it is in times of profound peace and
public security and this opinion 1 ad-
here to, simply because by the consti-
tuition itself, things may be done in the
one case which may not be done in the
other.


l dislike to waste word on a mere
ly personal point, but l must respect.
fully assure you that you will find your
selves at fault should you ever seek
for evidence to prove your assumption
that opposed the discussion before
the people of the policy Of the Mexican
war;"


You says "Expunge from the con-
stitution this limitation upon the power
of Congress to suspend the writ of ha-
beas corpus, and yet the other guaran-
tees of personal liberty would remain
unchanged" Doubtless if this clause
of the constitution, improperly called,
as l think, limitation upon the power
of Congress, were expunged, the other
guarantees would remain the same
but the question is, not how those
guarantees would stand with that
clause out of the constitution, but how
they stand with that clause remaining
in it, in cases of rebellion or invasion,
involving the public safety. If the
liberty could be indulged of expunging
that clause, letter and spirit, l really
think the constitutional argument would
be with you.


My general view on this question
was stated in the Albany response, and
hence do not state it now. l only
add that, as seems to me, the benefit
of ftEssit H. of habeas corpus is the
: OF the


great means through whicnSssa sa"'
antees of personal liberty are conserved
and made available in the last resort


and corroborative of this view is th,
} fact that Mr.. Vallandigham, in tn,
very case in question, under the advic,
of able lawyers, saw not where else t.
f go but to the habeas corpus. But b,
the constitution, the benefit of the wri
of habeas corpus itself may be suspend
ed when in cases of rebellion and inva
sion the public safety may require.
You ask in substance whether l real
ly claim that / may override all tn,
guaranteed rights of individuals on tn,
plea of conserving the public safety
when | may choose to say the publ,
safety requires 1t. This question, di
vested of the phraseology calculated t.
represent me as struggling for an arbi
trary personal prerogative, is eithe
simply a squestion who shall decide OF
an affirmation that nobody shall decide
what the public safety does require il
cases of rebellion or invasion. The
constitution contemplates the question
as likely to occur for decision, but i
does not expressly declare who is tc
decide it. BY necessary implication
when rebellion or invasion comes. til,
decision is to be made, from time I,
time aud l think the man whom, fo
the time, the people have, under tb,
constitution, made the COMMANDMENT
Chief of their army and navy, is th'
man who holds the power and bears
the responsibility of making it. If hs
uses the power justly, the same people
will probably justify him /; if he abuses
it, he is in their hands, to be dealt Will