Year: 1863

Vallandigham was, by military com.
mander, seized and tried, "for no other
reason than words addressed to pub.
lilo meeting, in criticism Of the course
of the Administration, and in condem.
nation of the military orders of the
General" Now, if there be no mistake
about this; if this assertion is the truth
and the whole truth if there was no
other reason for the arrest, then con-
eede that the arrest was wrong. But
the arrest, as understand, was made
for very different reason. Mr. Val
landigham avows his hostility to the
war on the part of the Union /;
and his arrest was made because he
was laboring, with some effect, to pre-
vent the raising of troops to encourage
dssertions from the army; and to leave
the rebellion without an adequate mill
tary force to suppress it. He was not
arrested because he was damaging the
political prospects of the Administra-
ton, or the personal interests of the
commanding General; but because he
was damaging the army, upon the ex-
istence and vigor of which the life of
the nation depends. He was warning
upon the military, and this gave the
military constitutional jurisdiction to
lag hands upon him. If Mr.. Vallan-
digham was not not damaging the mill
tary power of the country, then bis ar.
rest was made on mistake of fact,
which / would be glad to correct on
reasonably satisfactory evidence.


understand the meeting, whose reso-
lutious l am considering, to be in favor
of suppressing the rebellion by military
force-by armies. Long experience
has shown that armies cannot be main
tanned unless desertion shall be pun
ished by the severe penalty of death
The case requires, and the law and the
Constitution sanction, this punishment.
Mast l shoot a simple-minded soldier
boy who deserts, while / must not
touch hair of willy agitator who in
duces him to deserts This is none the
less injurious when effected by getting
a father, or brother, or friends, into a
public meeting, and there working upon
his feelings till he is persuaded to write
the soldier boy that he is fighting in a
bad cause, for awicked Administration
of a contemplate Government, too
weak to arrest and punish him if he
shall desert. / think that in such a
ease, to silence the agitator and save
the boy is not only constitutional, but
withal q great mercy.


If be wrong on this question Of
constitutional power, my error lies in
believing that certain proceedings are
constitutional when, in cases of rebel
lion and invasion, the public safety re-
quires them: which would not be con-
stitutional when, in absence of rebel
lion or invasion, the public safety does
not require them: in other words that
the Constitution is not, in its applica-
ton, in all respects the same, in cases
of rebellion or invasion involving the
public safety, as it is in times of pro-
found peace and public security. The
Constitution itself makes the distiction;
and | can no more be persuaded that
the Government can constitutionally
take no strong measures in time of re-
bellion, because it oan be shown that
the same could not be lawfully taken
in time of peace, than l can be persuad-
ed that particular drug is not good
medicine for sick man, because it can
be shown not to be good food for a
well enc. Nor am able to appreciate
the danger snnrehended by the meet
ing that the American people will, by
means of military arrests during the re-
bellion, lose the right of public discus
sion, the liberty Of speech and the press,
the law Of evidence, trial by jury. and
habeas corpus, throughout the indefinite
peaceful future, which trust lies be-
fore them, any more than l am able to
believe that man could contract SO |
strong an appetite for enemies during
illness as to persevere in
feeding upon them during the remain
der of his healthful life.


In giving the resolutions that earnest
consideration which you request of me,
cannot overlook the fact that the
meeting speak as Democrats" Nor
can /, with full respect for their known
intelligence, and the fairly presumed
deliberation with which they prepared
their resolutions, be permitted to sup
pose that this occurred by accident, or
in any way other than that they pre-