Year: 1863

ilSNC 'uhN NuSI6 ~ Huy buCD CONSTITUTIONAL
distinction. concede that the class OF
arrests complained Of can be constitutional
only when IN cases OF rebellion or inva.
sion the public safety may require them;
and insist that in such cases they are
constitutional Wherever the public safety
does require them; as well in places TO
which they may prevent the rebellion ex.
tending as in those where it may be al.
ready prevailing; as well where they NAV
restrain mi'chievous Interference with the
raising and supplying Of armies 10 sup.
press the rebellion, as where the rebellion
may actually be; as well where they may
restrain the enlicing Of men out Of the
army; equally constitutional at all places
where they will conduce TO the public
safety, as against the dangers Of rebellion
or invasion. Take the particular case
mentioned by the meeting. II is asserted
in substance that Mr.. Vallandigham was,
by military commander, seized and |
tried for no other reason than words ad
dressed TO public meeting, in criticism !
Of the course Of the Administration and /.
in condemnation of the military order Of
the general Now il there be no mistake
about this; il this assertion 10 the truth
and the whole truth; il there was no other
reason for the arrest, then coucede that
the arrest was wrong. But the arrest, as
understand, was made for a very differ.
ent reason. Mr.. Vallandigham 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 pre-
vent the raising of troops; 10 encourage
desettions from the army; and to leave
TIE rebellion without any adequate mill
tary force TO suppress it, He was not ar.
rested because he was damaging the po.
liIcal prospects ofthe Administration. but
because he was damaging the army, upon
the existence and vigor of which The life
Of the nation depends. He was warning
| upon the military, and this gave the mil.
ilary constitutional jurisdiction TO lay its
hands upon him. II Mr.. Vallandigham


was not damaging the military power Of
the country, then bis arrest was on mis-.


take of fact, which l would be glad to
correct on reasonably satisfactory evil
dence.


understand the meeting whose reso-
Iutions am considering, to be in favor OF
suppressiug the rebellion by military force
by armies. Long experience has dem
onstrated that armies cannot be main.
tanned unless deserion shall be punished
by the severe penalty of death. The case
requires, and lhe law and the constitution,
this puuishment. Must shoot simple.
minded soldier-boy who deserts, while l


must not touch a hair of a willy agitator
who induces him to desert? This is none


the less injurious when effected by get.


ting father or brother or friend into a
public meeting. and there working upon
his feelings until he is persuaded TO write
the soldier boy that he is fighting in bad
cause, for a wicked administration OF a
contemplate government too weak to ar
rest and punish him if he shall DESERT
1 think that in such case, to silence the
agitalor and save the boy is not only con-
stitu,ional, but withsl great mercy.


II be wrong on this question OF con-
slitutional power, my error lies in believ.
ing that certain proceedings are constitu-
tional when in cases OF rebellion or inva-
sion, the public safety requires them
which would not be constitutional, when,
in absence of rebellion or invasion, 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 involving


the public safely. as it is in times of pro-
found peace and public security. The
Constitution itself makes the distinction !;
and can no more be persuaded that the
Government can constitutionally take no
strong measures ir time Of rebel
lion, because it can be shown that the
same could not be lawfully taken in time
Of peace, than l can be persuaded that
particular drug is not good medicine
for a sick man because it can be shown to
not be good food for well one. Nor am
able to appreciate the danger appre-
hended by the meeting, that The American
people will, by means of military arrests
during the rebellion, lose the right Of pub
lie 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 10 believe that a man could so con-


tract strong appetite for emetcs during


temporary illness, as 10 persist in feeding


upon them during the remainder of his
headhful life.


In giving the resolutions that earnest


consideration you request OF me, l cannot
overlook the fact that the meeting speak


as democrats" Nor can |, with full


respect for their known intelligence. and


the fairly presumed deliberRtion 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 Gamer.
ican citizens" In this time of national
peril, l would have preferred TO meet you
upon level one step higher than any
} patty platform because ! am sure that,
from such more elevated position, we


could do better battle for the country we


all love, than we possibly can from those


lower ones where, from the force of habit,


the prejudices of the past, and selfish hopes


of the future, we are snre to expend much
of our inpenuity and Rtrenpth in findinn