Year: 1863

JULY IA, 1S6
have beon discharged on Aa5sas corpus, were
the writ allowed 10 operate. In view of these
and similar cases, l think tho time not unlike.
" to come when ! shall be blamed for having
made TOO fer arrests rather than TOO many.


BY the third resolution the meeting indicate
their opinion that military arrests may be
constitutional in localities whero rebellion
actually exists, but that such arrests are uu.
conditional in localities where rebellioa ard
instruction docs not exist. They insist that
such arrests shall 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, / am unable to believe that there
ia any such constitutional distinction. con:
cede that the case Of farrcsts complained OF,
can be constitutional only when, 10 cases Of
rebellion or invasion, tho public safety may
require them, and, insist that 10 such case
they are constitional whereper the public safe
.ty does require them, as we'll in places to
which they may prevent the rebellion extend.
ing as in those where II may be already pre-
vailing; as we'll where they may restrain
mischievious interference with the rising and
supplying Of armies to suppres the rebellion
as where the rebellion may actually be; as
well where they may restrain the enacting
men out of the army as where they would
prevent mutiny in the army; and equally
constitutional at all places where they will
conduct to the public safety as against the
dangers Of rebellion or invasion, Ike the par.
ticular case mentioned by the meeting. It is
asserted in substance, that Mr.. v. was, by a
military commander, seized and tried far no
other reason and works addressed TO public
meeting 10 criticism Of the course Of the Ad-
ministratiou, and ia condemnation of the mil
itary orders OF the General. Now il there be
no mistake about this, il this assertion is the
truth and the whole truth, il there be no 9th
er reason for the arrest, then conclude the
arrest was wrong; but the arrest as under
stand, was made for very different reason
Mr.. Vallandigham avows his hostility to the
war on the part of the Union, and his arrest
was made because be was laboring with some
effect TO prevent tie raising of troops; to en-
courage desertion from tie army, and to
leave the rebellion wittoM an adequate mill.





cd becauro he was damaged the political pros
poets of the Administration or the personal
interests Of the commanding General, but be-
cause he was endangeriug the army, upon the
existance and vgor Of which the life of the
nation depends. lie was aoaring upon tho
military, and this gave the military eonstitu
tionoi jurisdiction to lag hands upon him.
II Mr.. Vallandigham was not damaged the
military power Of the country, then bis arrest
was made en- mistake of fact which l would
be glad to correct on reasonably satisfactory
evidence.


understand the meeting, whose resolutions
L am considering, to be in favor of suppress
ing the rebellion by military force-by armies
Long experience has shown that armies can
not be maintained unless desertion shall be
punished by ths severe penalty of DEATH
The case requires, and the law and the Con-
stitution sanction this punishment. Must /
shoot a simple minded soldier boy who deserts
while must not touch hair Of willy agi.
tator who induces him to deserti This is
none the less injurious when affected by get
ting father, or brother, or friend into pub
lie meeting, and there working upon his feel.
ings till he is pursuaded to write the soldier
boy that he is fighting in bad cause, and
for weak Administration Of a contemplate
Government, too weak to arrest and punish
him il he shall desert. think that in such
case, to silence the agitator and save tho boy
IS not only constitutional, but oithal great
mercy.


If be wrong on this question Of constitu.
tional power, my error lies in believing that
certain proceedings are constitutional when
in cases Of rebellion or invasion, the public
safety requires them, which would not be con.
stitutional when, in absence Of rebellion or in.
vasion, the public 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 inyolv
ing the public safety, as it is in times Of pro
found peace and public security. The Con.
sttuton itself makes the distinction; and ]
can no more be pursuade3 that the Govern
ment can constitutonally take no strong
measures 10 time of rebellion, because it can
be shown that the same could not be lawfully
taken in time Of peace than can be pursuad.
cd that particular drug is not good medi.
cine for sick man, because it can be shown
to be good for we'll one. Nor am able to
appreciate the danger apprehended by the
meeting, that the American people will, by
no means of military arrests during the re.
bellion, loose the right Of public discussion
the liberty of speech and the press, the law o.
evidence, trial by jury, and habeqs corpus
throughout the indefinite peaceful future
which / trust lies defore them any moro than
I am able 10 believe that man could con.
tract SO strong an appetite for emetics during
temporary illness rs to persist in feeding upon
them during the remainder Of his healthfu
| life.


In giving the resolutions that earnest con
sideration which you request of me, canno
overlook the fact that the meeting speaks a.
Democrats. Nor can I with full respec
to their known intelligence, and the fairly
presumed deliberation with which they pre-
pared their resolutions, be permitted to sup
posed that this occurred by accident, or il
any way other than that they preferred L
designate themselves Democrats" rathe
than American citizens" In this time o
national peril l would have preferred t
meet you on level one step higher thar
any party platform; because I am sure that
from such much more elevated position, w