Year: 1863

lease.
Washington, June IA.


The Presidents reply to the resolutions
of the public meeting held at Albany, N. Y.
with regard to arbitrary arrests by military
and at tie same time expressing their sup
port Of lawful and constitutional meas.
ures to suppress the rebellion, is made pub
lie to-day. tits quite lengthy, but the fol.
lowing extract, concerning Vailandigham's S
case, is the ult of the entire argument
Mr.. Lincoln, in referring to the resolutions
says:


"The meeting indicate their opinion that
military arrests may be constitutional in the
States where rebellion actually exists, but
that such arrests are unconstitutional in To-
calties where rebellion and insurrection
does not actually exist They insist that
such arrests shalt not be made outside of the
lines of necessary military occupation and
the scenes OF insurrection. Inasmuch how.
ever. as the Constitution itself makes no
such distinction, and am unable to believe
that there is any such constitutional dis.
tinction. concede that the class Of arrests
complained of,'can be constitutional only
when, in case Of rebellion or invasion, the
public safety may require them, and insist
that in such cases they are constitutional
whenever the public safety does require
them, as well in places to which they may
prevent the rebellion extending, as in those
where it may already be prevailing as well
where they may restrain mischievous inter
ference with the raising and supplying of
armies to suppress the rebellion as where
the rebellion may actually be; as well where
they may restrain the inticing of men out
of the army, as where they would prevent
mutiny in the army |; and equally consttu,
tional at all places where they will conduce
to the public safety as against the dangers
OF invasion or rebellion, ike ths
particular case mentioned by the nleetins.-
it is asserted, in substance, that Mr.. V. was
by military commander, seized and tried
for no other reason than words addressed to
a public meeting in criticism Of the course
of the administration, and in condemning
of the military orders of the General. Now
if there be no mistake about this, if this as
sertion is the truth, and the whole truth il
there was no other reason for the arrest
then conclude the arrest was wrong; but
the arrest, as understand, was made for
very different reason. Mr.. valiandigham
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 prevent
the enisting of troops, to encourage deser
ton from the army, and to leave the rebel
lion without an adequate force to suppress
it. He was not arrested because ne was
damaging the political prospects of the ad-
m'nistration or the personal interests of the
commanding General, but because he was
endangering the army, upon the existence
and vigor of which the life of the nation de-
pends. He was warning upon the military
and this give the military constitutional ju-
risdiction to lay hands upon him. IfMrv v
was not damaging the military power of TIE
country, then his arrest was made on mis-
take, fact which would be glad to cor.
rect on responsible and satisfactory evi.
dence. understand the meeting adopted
resolutions in favor of the suppression of the
rebellion by military fore and by armies
Long experience has shown that armies
cannot be maintained unless deserton shall
be punished by the severe punishment of
death. The case equires, and the law and
the Constitution sanction this punishment.
Must shoot simple minded soldier boy
who deserts, while must not touch hair
of a willy agitator who induces him to de.
sert! This is none the less injurious when
effected by getting father, or brother, or
friend into apublc meeting and there work
ing upon his feelings until he is pursuaded
to write the soldier boy that he is fighting
in bad caure, and for weak Adminstra.
ton of contemplate government, too weak
to arrest and punish him he shall desert.
| think that, in such case, to silence the
agitator and save the boy is not only consti-
tutional, but, withal, great mercy.


After reviewing the suspension OF the la.
0sas corpus by General jackson, the Presi-
dent says


Sand yet, let me say that in my own
discretion, do not know whether l would
have ordered the arrest Of Valandigham.-
while cannot shift the responsibility from
myself, hold that as a general rule, the
commander in the field is the better Judge
Of the necessity in any particular case. or
course must practice general directory
and revisory power in the matter. One of
the resolutions expresses the opinion of the
meeting that arbitrary arrests will have the
effect to divide and distract those who sho'd
be united in suppressing the rebellion, and
am specially called on 10 discharge Mr..
Vallandigham. regard this act as at least
fair appeal to me on the expedieucy OF
exercising constitutional power which
think exists. In response TO such appeal,
have to say that il gave me great main