Year: 1863

were the VIII allowed 10 operate. In Vie n


of these and similar cases, l think the tim,


not unlikely 10 come when l shall be blam


ed for having made too few arrests rathe


than too many.


BY the third resolution the meeting indi


cate their opinion that military arrests may


be constitutional in localities where rebel


lion actually exists, but that such arrests ar,


unconstitutional IN localities where rebellio,


or insurrection does not actually exist


They insist that such arrests shall not b,


made "outside of the lines of Necessary


military occupation and the scenes Of insur


rection." Inasmucl, however, as the con


stitution itself makes no such distinction,


am unable to believe that there is any such


constitutional distinction. l poncede tha


the class of arrests complained of can be


constitutional only when, in cases of rebel


lion or invasion, the public safety may re


guire them and | insist that in such cases


they are constitutional schereper the public
safety does require them well IN places
TO which they may prevent the rebellion ex


tending as in those where it may be alread y
prevailing as well where they may re
strain mischievous interference with the
raising and supplying of armies to suppress


the rebellion where the rebellion may
actually be as well where they may restrain
the enticing men out Of the army as where
they would prevent mutiny in the army
equally constitutional at all places where
they will condace 10 the public safety, as
against the dangers of rebellion or invasion o.
Take the particular case mentioned by the
meeting. 1t is asserted, in substance, that
Mr.. Vallandigham was, by military COM
mander, seized and tried. :" for no other rea-
son than words addressed TO a public meet
ing in criticism Of the course of the Admin
istration, and IN condemnation Of the militia
Try 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-
cede that the arrest was wrong. But the
arrest, as | understand was made for very
different reason. Mr.. Vallsndigham avows
his hostility to the war on the part of the
Union and his arrest was made because he
was laborlng. with some effect, to prevent
the raising OF troops, to encourage deser-
ions from the army; and to leave the re-
beilion without an adequate military .orce
to suppress it. lie was not arrested because
ne was damaging the political prospects of
the Administration. or The personal interests
of the commanding general. but because he
was damaging the army, upon the existence





depends. He was warning upon the militia
'ry. and this gave the military constitutional
jurisdiction to lay hands upon him. If Mr.
Vallandigham was not damaging the militia
ry power of the country, then his arrest was
made on mistake of fact, which l would be
glad to correct. on reasonably satisfactory
evidence.


understand the meeting, whose resolu-
tons am considering. to be in favor Of sup
pressing the rebellion by military force-by
armies. Long experience has shown that ar
mics cannot be maintained unless desertion
shall be punished by the severe penalty of
death. The case requires. and the law aud
the constitution sanction, this punishment.
Must l shoet simple minded soldier boy
who deserts, while 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 brother, or
friend, into a public meeting, and there |
working upon his feelings until he is per-
suaded to write the soldier boy that he isl
fighting in bad cause. for wicked ad-
minisfration of a contemplate government.
too weak TO arrest and punish him if he
shall desert. think that in such case, to |
silence the agitator and save the boy is not
only constitutional, but withal great mer-
cy. II


Ii be wrong on this question Of consti-
tutional power, my error lies in believing
that certain proceedings are constitutional
when, In case Of rebellion and invasion, the
public safety does not require them; in
other words, that the constitution is not, in
is application, in all respects the same. 10
Eases of rebellion or invasion involving the
public safety, as it is in times of profound
leace and public security. The constitu-
ion itself makes the distinction; and can
40 more be persuaded that the government
IAN constitutionally take no strong meas
lres in time of rebellion, because it can be
shown that the same could not be wfully
aken in time of peace, than | can be per
,usded that particular drug is not a good
medicine for sick man, because it cad be
shown not TO be good food for we'll one
Tor am able To appreciate the danger ap.
pretended by the meeting that the Ameri-
can people will, b. means of military ar
rests 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 iadefi
ute, peaceful future, which trust lies be
fore them, any more than | am able 10 be-
ileve that man could contract SO strong an
appetite Tor emetios during temporary ill }
ness AS to persist in feeding upon them du.
ring the remainder of his healthful life.


la giving the resolutions that earnes, con-
sideration which you request OF me, can
not overlook the fact that the meeting speak !
as " democrats Nor can |, with full re-
spect for their known intelligence. and the .
fairly presumed delibera,ion with which I
they prepared their resolutions, be permit +
ted to suppose that this occurred by acci I
dent. or IN any way other than that they
preferred TO designate themselves demo /
Gratis" rather than American citizsns.s-
In this time Of national peril would have
preferred to meet you upon level one step
higher than any party platform because
am sure that, from such more elevated po-
si,ion, we could do better battle for the
country weali love than we possibly car
from those lower ones where. from the force
of habit, the prejudiees of the past and sci.
fsh hopes of the future, We are sure to ex-
pend much of our Ingenuity and strength
in finding fault with and aiming blows at
esch other. But since You have denied me