Year: 1863

to 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 con-
stitutional, but withal great mercy.


If be wrong on this question of constitu-
tional power, my error lies in believing that
certain proceedings are constitutional when,
in case of rebellion or invasion, the public
safety does, and unconstitutional when the pub
lie safety does not require them : in other words
that the Constitution is not in its application,
in all respects the same, in cases of rebellion
or invasion involving the public safety. as it is
in times of profound peace and public securi-
ty. The constitution itself makes the dis
tincton; and can no more be persuaded that
the government can constitutionally take no
strong measures in time of rebellion, because
it can be shown that the same could not be
lawfully taken in time of peace thah can, be
persuaded that a particular drug is not good
medicine for a sick man, because it can be
shown not to be good food for a well one. Nor
am able to appreciate the danger apprehend-
ed by the meeting that the American people
will, by means of military arrests 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 indefinite peaceful future,
which trust lies before them, any more than
am able to believe that a man could contract
so strong an appetite for emetics during tenn
porary illness as to persist in feeding upon
them during the remainder of his healthiul
life.


In giving the resolutions that earnest con-
sideration which you request of me. | cannot
overlook the facts that the meeting speaks for
democrats. Nor can |. with full respect for
their known intelligence. and the fairly pre-
sumed deliberation with which they prepared
their resolutions, be permitted to suppose that
this occurred by accident or in any way other
than that they preferred to designate them
selves democrats rather than "American
citizens" In this time of national peril /
would have preferred to meet YOU upon lev
el one step higher than any party platform:
because am sure that, from such more eleva-
ted position, we could do better battle for the
country we all love than we possibly can from
those lower ones where, from the lorce of hab-
it, the preudices of the past, and the selfish
hopes of the future, we are sure to spend
much of our ingenuity and strength in find
ing fault with, aud aiming blows at. each other.
But, since you have denied me this, | will yet
be thankful, for the countrys sake, that not
all democrats have done SO. He on whose
discretionary judgment Mr. Vallandigham
was arrested and tried is democrat, having
no old party affinity with me: and the Judge
who directed the constitutional view express
ed in these resolutions, by refusing to dis
charge Mr. Vallandigham, on habeds corpus
democrat oil better QaNS than these. llV-
ing received his judicial mantle at the hands
of President jackson. And still more of all
those democrats who are nobly exposing their
lives aud shedding their blood on the battle
field, have learned that many approve the
course taken with Mr. Vallandigham, while |
have not heard of a single one condemniuy il.
l cannot assert that there are none such. And
the name of President jackson recalls an in
stance of pertinent history, After the battle



treaty of peace had been concluded was well
known in the city. but before official knowl-
edge of it had arrived, General jackson still
maintained martial or military law. Now,
that it could be said that the war was over.
the clamor against martial law. which had ex-
listed from the first. grew more finrious


Among other things a Mr.. Lo,iaillier pub-
lished deuunciatory newspaper article. Cen
eral Jackson arrested him. A LAWYER by the
name of Morel procured the United States
Judge Hall to order a writ of habeas corpus
to relieve Mr.. Louaillier. General jackson
arrested both the lawyer and the Judge. A
Mr. Hollander yentured to say of some part
OF the matter that sit was dirty trick -
General Jackson arrested him. When the
officer undertook to serve the writ of habeas
corpus, General jackson took it from him. and
sent him away with the copy. Holding the
Judge in custody n few days the General sent





and set him at liberty, with an order to remain
till the ratification of peace should be announ
ced, or until the British should have left the
Southern coast. A day or two more elapsed
the ratification of the treaty of peace was req
ularlv announced and the iudge and Others
were fully liberated A few days more and
the iudge called General Jackson into conrt
and fined him Thousand dollars for bav;no
arrested him and the Others named. The
General paid the fine, and there the matter
rested for nearly thirty wears. when Conoress
refunded principal and interest. The late
Senator Douglas. then in the House of Renre
sentatives, took a leading part in the debates.
in which the constitutional ouestion was much
discussed. lam not prepared 10 saw whom
the Journals would show to have voted for the
measures.


1t NAV be remarked: First that we had the
same Constitution then as now. secondly that
we then had case of invasion. and now we
have a case of rebellion: and. thirdly. that
the permanent right of the peonle tn nublic
discussion. the liberty of speech ana of the
press, the trial by jury. the law of evidence
and the habeas corpus. suffered no detriment
whatever by that conduct of General Jackson.
or its subsequent approval by the American
Congress-


Aud yet, let me say, that in nv own discre-
ton, / do not know whether / would have or
dered the arrest OF Mr.. Valandigdam. While
l cannot shift the responsibility from myself.
Ihold that, as a general rule, the commander
in the field is the better Judge of the necessity