Year: 1863

OF the fresldent reply 10 serieS VI
resolutions adopted by public meeting
held in Albany, n. Y. The resolutions,
among other things, insisted that the
President should back down and recall
Vallandigham This he seems indis-
posed to do, and assigns the following,
among other reasons, for refusing to com
ply with their demand:


The meeting indicates their opinion
that military arrests may be constitu-
tional in localities where rebellion act
ually exists, but that such arrests are
unconstitutional in localities where re-
bellion or insurrection does not actually
exist They insist that such arrests shall
not be made outside of the lines of nee
essary military occupation and the
scenes of insurrection. Inasmuch, how
ever, as the Constitution itself Inakes no
such distinction, / am unable to believe
that there is any such constitutional dis
tinction l coneede that the class of ar
rests complained of can be constitutional
only when in cases of rebellion or inya-
sion, the public safety may require them,
as well in places to which they may pre-
vent the rebellion extending as in those
where it may be already prevailing; as
we'll where they may restrain mischiev-
Gus interference with the raising and
supplying of armies to suppress the re-
belion, as where the rebellion may act
ually be; as we'll where they may re.
strain the enticing men out of the army
as where they could prevent mutiny in
the army, equally Constitutional in all
places where they will conduce to the
public safety, as against the dangers of
rebellion or invasion Take the particu-
lar case mentioned by the meeting. It
is asserted in substance that Mr.. Val
landigham was, by a military comman-
der, seized and tried for no other reason
than words addressed to public meet
ing in criticism of the course of the Ad-
ministration, and in condemnation 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 ar
rest, then concede that the arrest was
wrong; but the arrest, as I understand,
was made for very different reason.





the war on the part of the Union, and his
arrest was made because he was laL or
ing, with SOME effect, to preventive rails
ing of troops, toEencourage desertions
from the arLy, and to leave the rebellion
without an adequate military force to
suppress it.


HE was not arrested because he was
damaging the political prospects of the
Administration, or the personal interest
OF the commanding General, but because
he was damaging the army, upon the ex.
istence and vigor of which the life ofthe
nation depends He was warringupon the
military, and this gave the military con-
stitutional jurisdiction to lay hands upon
him. If Mr.. Vallandigham was not dam.
aging the military power of the country,
then his arrest was made on q mistake
of fact which would be glad to correct
on reasonable satisfactory evidence.


~ understand thesmeeting, whose res.
olutions am considering, to be in favor
of suppressing the rebellion by military
force-by armies. Long experience has
shown that armies cannot be maintain
ed, unless desertion shall be punished by
the severe penalty of death. The case
requires and the law and the Constitu-
ton sanction, this punishment Must /
shoot simple minded soldier boy, who
deserts, while l must not touch hair of
, willy agitator, who induces him to de-
sert? This is none the less injurious when
effected by getting father or friend in
to public meeting and there working
upon his feelings until he is persuaded
to write the soldier boy that he is fight.
ing in a bad cause, for a wicked Ad.
miniStration of contemplate Govern
ment, too weak to punish him if he shall
desert | think that in such case, to ST.
lence the agitator and save the boy, is
not only constitutional but withal, grea,
mercy"


After reviewing the suspension of the
writ of hGbcas corpus, by General Jack
son the President says: "And yet lei
me say, that in my own discretion l dc
not know whether would have ordered
the arrest of Mr.. Vallandigham. While
/ cannot shift the responsibility from IN y
self, l hold, that as general rule, the
Commander in the field is the better
judge of the necessity in any particular
case. Of course | must practice gen.
eraI directory and reVlsory power in the
matter.


Zone Of the resolutions expresses the
opinion of the meeting that arbitrary ar.
rests will have the effect to divide and
distract those who should be united in
suppressing the rebellion, and Iam'spe
ci6cally called on to discharge Mr. Vallan
digham. Iregard this act as fair appeal
to me on the expediency of exercising a
constitutional power which think ex
lists. In response to such appeal, hav {
to say it gave me pain when l learned
that Mr. Vallandigham had been arrested
that is, | was panied that there should
have seemed to be necessity for arrest
ing him, and that it will afford me great
pleasure to discharge him so soon as
can, by any means, believe the public
| safety win not suffer BY it.


zEzEE