Year: 1863

arrest was made because he was laboring
with sou.e effect, to prevent the raising
of troops to encourage desertions FROM
the army; aud to leave the Rebellion
without an adequate military force to sup
press it. He was not arrested because
he was damaging the political prospects
of the Administration, or the personal
interests of the Commanding General,
bat 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 Military constitutional jurisdiction to
lay hands upon him. If Mr.. Fallandig
ham was not damaging the military pow.
er of the country, then his arrest was
made on mistake Of fact, which | would
be glad to correct on reasonably satisfac-
tory evidence.


| understend the meeting, whose reso-
lutions | am considering, to be in favor
Of suppressing the rebellion by military
force.-by armies. Long experience has
shown that armies cannot be maintained
unless desertions shall be punished by the
severe penalty of death. The case re-
quires, and the law and the Constitution
sanction, this punishment Must | shoot
a simpe-minded soldier boy who deserts,
while | must not touch hair of willy
aaitator who induces him to desert This
is none the less injurious when effected
by getting father, or brothe, or friend,
into a public meeting, and there working
upon bis feelings till he is persuaded to
write the soldier boy that he is fighting
in a bad cause, for wicked Administra-
ton of 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
mercy.


If I be wrong on this question of con-
stitutional power, my error lies in belley-
inc that certain proceedings are constitu-
tional when, In cases Of rebellion OF inva-
sion, the public safety requires them,
which would not be constitutional when,
in the absence of rebellion or invasion,
the public safety does not require them
in oti er words, that the Constitution is
not, in its application, i'll all respects the
same. 10 cases of rebellion or invasion
involving the public safety, as it is in
time Of profound peace and pnbilc secu-
rlty. The Constitution itself makes the
distinction, and can 20 more be per-
suaded hat the Government can consti.
,utionsily take 30 strong measures IN time
OF rebellion, because 1t can be shown that
the same could not lawfully be taken in
in.e OF peace, than | can be persuaded
thar particular drug Is Dot good medl-
cine for sick man, because it can be
shown not to be good for well one Nor
am able to appreciate the danger appre-
hended by the meeting that the Amen
lean people will, by means Of military
arrests during the Rebellion, lose the right
of Public Discussion, the Liberty OF
Speech ard the Press, the Law Of Evi-
denue, Trial bY Jury, and Habeas Cor
pus, throughout the indefinite peaceful
future, which | trust lies before them,
any more than | am able to b .ieve that
a man could contract so strong an appe-
tite for emetics during temporary illness,
as to persist in feeding upon during the
remainder Of his healthful life.


In giving the resolutions that earnest
consideration which you request of ne, |
cannot overlook the fact that the meeting
speak as democrats" Nor can |, with
full respect for their known intelligence,
and the fairly presumed delberation 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 themselves
Democrats" rather than "American cit
liens" In this tine Of national peril, |
would have preferred to meet you upon a
level one step higher than any party
platform ; because I am sure that, from
such more elevated position, we could do
better battle for the country we all love
than We possibly can from chose lower
ones where, from the force Of habit, the
prejudices Of the past, and selfish hopes
of the future, we are sure to expend much
Of our ingenuity and strength in finding
fault with. and aiming blows at each
other. But, since you have denied me
this, | will yet be thankful, for the coun-
try's sake, that not all Democrats have
done so. He on whose discretionary judg-
ment Mr.. Vallandigham was arrested and
tried is Democrat, having no old party
affinity with me; and the judge who re-
jected the constitutional view expressed
in these resolutions, by refusing to dis
charge Mr.. Vallandigham OF habeas cor.
pus, is a Democrat of better days than