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arrests rather than too many。



By the third resolution the meeting indicate their opinion that

military arrests may be constitutional in localities where rebellion

actually exists; but that such arrests are unconstitutional in

localities where rebellion or insurrection does not actually exist。

They insist that such arrests shall not be made 〃outside of the lines

of necessary military occupation and the scenes of insurrection。〃

Inasmuch; however; as the Constitution itself makes no such

distinction; I am unable to believe that there is any such

constitutional distinction。  I concede that the class of arrests

complained of can be constitutional only when; in cases of rebellion

or invasion; the public safety may require them; and I insist that in

such casesthey are constitutional wherever the public safety does

require them; as well in places to which they may prevent the

rebellion extending; as in those where it may be already prevailing;

as well where they may restrain mischievous interference 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

enticing men out of the army as where they would prevent mutiny in

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。   It is

asserted in substance that Mr。 Vallandigham was; by a 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 condemnation of the military orders of the general。〃 Now; if

there be no mistake about this; if this assertion is the truth; and

the whole truth; if there were no other reason for the arrest; then I

concede that the arrest was wrong。  But the arrest; as I understand;

was made for a very different 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 prevent the

raising of troops; to encourage desertions from the army; and to

leave the rebellion without an adequate military force to suppress

it。   He was not arrested because he was damaging the political

prospects of the administration or the personal interests of the

commanding general; but because he was damaging the army; upon the

existence and vigor of which the life of the nation depends。  He was

warring upon the military; and thus gave the military constitutional

jurisdiction to lay hands upon him。  If Mr。 Vallandigham was not

damaging the military power of the country; then his arrest was made

on mistake of fact; which I would be glad to correct on reasonably

satisfactory evidence。



I understand the meeting whose resolutions I am considering to be in

favor of suppressing the rebellion by military forceby armies。

Long experience has shown that armies cannot be maintained unless

desertion shall be punished by the severe penalty of death。  The case

requires; and the law and the Constitution sanction; this punishment。

 Must I shoot a simple…minded soldier boy who deserts while I must

not touch a hair of a wily agitator who induced him to desert。  This

is none the less injurious when effected by getting a father; or

brother; or friend into a public meeting; and there working upon his

feelings till he is persuaded to write the soldier boy that he is

fighting in a bad cause; for a wicked administration of a

contemptible government; too weak to arrest and punish him if he

shall desert。  I think that; in such a case; to silence the agitator

and save the boy is not only constitutional; but withal a great

mercy。



If I be wrong on this question of constitutional 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 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 safety as

it is in times of profound peace and public security。  The

Constitution itself makes the distinction; and I 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 times of peace; than I can be

persuaded that a particular drug is not good medicine for a sick man

because it can be shown to not be good food for a well one。  Nor am I

able to appreciate the danger apprehended 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 I trust lies before

them; any more than I am able to believe that a man could contract so

strong an appetite for emetics during temporary illness as to persist

in feeding upon them during the remainder of his healthful life。



In giving the resolutions that earnest consideration which you

request of me; I cannot overlook the fact that the meeting speak as

〃Democrats。〃 Nor can I; with full respect for their known

intelligence; and the fairly presumed 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 themselves 〃Democrats〃 rather than 〃American citizens。〃 In

this time of national peril I 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 those 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 I will yet be thankful for the

country's sake that not all Democrats have done so。  He on whose

discretionary judgment Mr。 Vallandigham was arrested and tried is a

Democrat; having no old party affinity with me; and the judge who

rejected the constitutional view expressed in these resolutions; by

refusing to discharge Mr。 Vallandigham on habeas corpus is a Democrat

of better days than these; having received his judicial mantle at the

hands of President Jackson。  And still more: of all those Democrats

who are nobly exposing their lives and shedding their blood on the

battle…field; I have learned that many approve the course taken with

Mr。 Vallandigham; while I have not heard of a single one condemning

it。  I cannot assert that there are none such。  And the name of

President Jackson recalls an instance of pertinent history。  After

the battle of New Orleans; and while the fact that the treaty of

peace had been concluded was well known in the city; but before

official knowledge 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 existed

from the first; grew more furious。  Among other things; a Mr。

Louaillier published a denunciatory newspaper article。  General

Jackson arrested him。  A lawyer by the name of Morel procured the

United States Judge Hall to order a writ of habeas corpus to release

Mr。 Louaillier。  General Jackson arrested both the lawyer and the

judge。  A Mr。 Hollander ventured to say of some part of the matter

that 〃it was a 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 a copy。  Holding the judge

in custody a few days; the general sent him beyond the limits of his

encampment; and set him at liberty with an order to remain till the

ratification of peace should be regularly announced; or until the

British should have left the southern coast。  A day or two more

elapsed; the ratification of the treaty of peace was regularly

announced; and the judge and others were fully liberated。  A few days

more; and the judge called General Jackson into court and fined him

1000 for having arrested him and the others named。   The General

paid the fine; and then the matter rested for nearly thirty years;

when Congress refunded principal and interest。  The late Senator

Douglas; then in the House of Representatives; took a leading part in

the debates; in which the constitutional question was much discussed。

I am not prepared to say whom the journals would show to have voted

for the measure。



It may be remarkedfirst; that we had the same Constitution then as

now; se

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