to the war on the part of the Union; and his | them during the remainder of his healthful arrest was made because he was laboring, with life. 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 this 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.

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 on 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 aming

I understand the meeting, whose resolutions I 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 desertion shall be pun-blows at, each other. But, since you have deished by the severe penalty of death. The case nied me this, I will yet be thankful, for the requires, and the law and the Constitution country's sake, that not all Democrats have sanction, this punishment. Must I shoot a done so. He on whose discretionary judgment simple-minded soldier boy who deserts, while Mr. Vallandigham was arrested and tried is a I must not touch a hair of a wily agitator who Democrat, having no old party affinity with me; induces him to desert? This is none the less and the judge who rejected the constitutional injurious when effected by getting a father, or view expressed in these resolutions, by refusing brother, or friend, into a public meeting, and to discharge Mr. Vallandigham on habeas corpus, there working upon his feelings till he is per- is a Democrat of better days than these, having suaded to write the soldier boy that he is fight-received his judicial mantle at the hands of ing in a bad cause, for a wicked Administration President Jackson. And still more, of all those of a contemptible Government, too weak to ar- Democrats who are nobly exposing their lives rest and punish him if he shall desert. I think and shedding their blood on the battle-field, I that, in such a case, to silence the agitator and have learned that many approve the course save the boy is not only constitutional, but taken with Mr. Vallandigham, while I have not withal a great mercy. heard of a single one condemning it. I cannot If I be wrong on this question of constitu- assert that there are none such. And the name tional power, my error lies in believing that of President Jackson recalls an instance of percertain proceedings are constitutional when, in tinent history. After the battle of New Orleans, cases of rebellion or invasion, the public safety and while the fact that the treaty of peace had requires them, which would not be constitu- been concluded was well known in the city, but tional when, in absence of rebellion or invasion, before official knowledge of it had arrived, Genthe public safety does not require them: in eral Jackson still maintained martial or military other words, that the Constitution is not, in its law. Now, that it could be said the war was application, in all respects the same, in cases over, the clamor against martial law, which had of rebellion or invasion involving the public existed from the first, grew more furious. safety, as it is in times of profound peace and Among other things a Mr. Louaillier published public security. The Constitution itself makes a denunciatory newspaper article. General the distinction; and I can no more be per- Jackson arrested him. A lawyer by the name suaded that the Government can constitution- of Morel procured the U. S. Judge Hall to order ally take no strong measures in time of rebel- a writ of habeas corpus to relieve Mr. Louaillier. lion, because it can be shown that the same General Jackson arrested both the lawyer and could not be lawfully taken in time of peace, the judge. A Mr. Hollander ventured to say of than I can be persuaded that a particular drug some part of the matter that "it was a dirty is not good medicine for a sick man because it trick." General Jackson arrested him. When can be shown to not be good food for a well one. the officer undertook to serve the writ of habeas Nor am I able to appreciate the danger appre- corpus, General Jackson took it from him, and hended by the meeting, that the American peo- sent him away with a copy. Holding the judge ple will, by means of military arrests during in custody a few days, the general sent him the rebellion, lose the right of public discus- beyond the limits of his encampment, and set sion, the liberty of speech and the press, the him at liberty, with an order to remain till the law of evidence, trial by jury, and habeas corpus, ratification of peace should be regularly anthroughout the indefinite peaceful future, which nounced, or until the British should have left I trust lies before them, any more than I am the southern coast. A day or two more elapsed, able to believe that a man could contract so the ratification of the treaty of peace was regustrong an appetite for emetics during tem-larly announced, and the judge and others were porary illness as to persist in feeding upon fully liberated. A few days more and the judge

called General Jackson into court and fined him | communicate with you on the subject of the $1900 for having arrested him and the others arrest and banishment of Clement L. Vallandignamed. The General paid the fine, and there ham, most respectfully submit the following as the matter rested for nearly thirty years, when the resolutions of that Convention bearing upon Congress refunded principal and interest. The the subject of this communication, and ask of late Senator Douglas, then in the House of your Excellency their earnest consideration. Representatives, took a leading part in the de- And they deem it proper to state that the Conbates, in which the constitutional question was vention was one in which all parts of the State much discussed. I am not prepared to say were represented, one of the most respectable whom the journals would show to have voted as to numbers and character, and one the most for the measure. earnest and sincere in support of the Constitution and the Union, ever held in that State:

It may be remarked: First, that we had the same Constitution then as now; secondly, that we then had a case of invasion, and now we have a case of rebellion; and, thirdly, that the permanent right of the people to public discussion, the liberty of speech and of the press, the trial by jury, the law of evidence, and the habeas corpus, suffered no detriment whatever by that conduct of Gen. Jackson, or its subsequent approval by the American Congress.

And yet, let me say, that in my own discretion, I do not know whether I would have ordered the arrest of Mr. Vallandigham. While I cannot shift the responsibility from myself, I hold that, as a general rule, the commander in the field is the better judge of the necessity in any particular case. Of course, I must practice a general directory and revisory power in the matter.

One of the resolutions expresses the opinion of the meeting that arbitrary arrests will have the effect to divide and distract those who should be united in suppressing the rebellion, and I am specifically called on to discharge Mr. Vallandigham. I regard this as, at least, a fair appeal to me on the expediency of exercising a constitutional power which I think exists. In response to such appeal I have to say, it gave me pain when I learned that Mr. Vallandigham had been arrested-that is, I was pained that there should have seemed to be a necessity for arresting him-and that it will afford me great pleasure to discharge him so soon as I can, by any means, believe the public safety will not suffer by it.

Resolved, That the will of the people is the foundation of all free government; that, to give effect to this free will, free thought, free speech, and a free press are absolutely indispensable. Without free discussion there is no certainty of sound judgment: without sound judgment there can be no wise government.

2. That it is an inherent and constitutional right of the

people to discuss all measures of their Government, and to approve or disapprove, as to their best judgment seems right. That they have a like right to propose and advocate that policy which in their judgment is best, and to argue the Constitution, to impair their liberties, or to be detriand vote against whatever policy seems to them to violate mental to their welfare.

3. That these and all other rights guarantied to them by as in time of peace, and of far more value and necessity in their Constitutions are their rights in time of war as well war than in peace, for in peace liberty, security, and property are seldom endangered; in war they are ever in peril. 4. That we now say to all whom it may concern, not by way of threat, but calmly and firmly, that we will not surrender these rights, nor submit to their forcible violation. We will obey the laws ourselves, and all others must obey them.

11. That Ohio will adhere to the Constitution and the

Union as the best-it may be the last-hope of popular freedom, and for all wrongs which may have been committed, or evils which may exist, will seek redress, under the Constitution and within the Union, by the peaceful but powerful agency of the suffrages of a free people.

14. That we will earnestly support every constitutional measure tending to preserve the Union of the States. No men have a greater interest in its preservation than we have, none desire it more; there are none who will make ish that end. We are, as we ever have been, the devoted greater sacrifices or endure more than we will to accompfriends of the Constitution and the Union, and we have no sympathy with the enemies of either. actual banishment of Clement L. Vallandigham, a citizen 15. That the arrest, imprisonment, pretended trial, and of the State of Ohio, not belonging to the land or naval forces of the United States, nor to the militia in actual service, by alleged military authority, for no other pretended crime than that of uttering words of legitimate criticism upon the conduct of the Administration in power, I further say, that as the war progresses, it and of appealing to the ballot-box for a change of policy— said arrest and military trial taking place where the courts appears to me, opinion and action, which were of law are open and unobstructed, and for no act done within in great confusion at first, take shape and fall the sphere of active military operations in carrying on the into more regular channels, so that the necessity war-we regard as a palpable violation of the following for strong dealing with them gradually de-provisions of the Constitution of the United States: creases. I have every reason to desire that it should cease altogether, and far from the least is my regard for the opinions and wishes of those who like the meeting at Albany, declare their purpose to sustain the Government in every constitutional and lawful measure to sup-ation, and particularly describing the place to be searched press the rebellion. Still, I must continue to do so much as may seem to be required by the public safety. A. LINCOLN. CORRESPONDENCE BETWEEN OHIO DEMOCRATS AND PRESIDENT LINCOLN.

The Letter to the President.

WASHINGTON, June 26, 1863. To his Excellency the PRESIDENT OF THE UNITED STATES: The undersigned, having been appointed a committee, under the authority of the resolutions of the State Convention held at the city of Columbus, Ohio, on the 11th instant, to

1. "Congress shall make no law abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the Government for a redress of grievances."

2. "The right of the people to be secure in their persons. houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmand the persons or things to be seized."

3. "No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger."

4. "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law."

And we furthermore denounce said arrest, trial, and ban

ishment as a direct insult offered to the sovereignty of the people of Ohio, by whose organic law it is declared that no person shall be transported out of the State for any offence committed within the same.

16. That Clement L. Vallandigham was, at the time of

his arrest, a prominent candidate for nomination by the Democratic party of Ohio for the office of Governor of the Site; that the Democratic party was fully competent to decide whether he is a fit man for that nomination, and that the attempt to deprive them of that right, by his arrest and banishment, was an unmerited imputation upon

their intelligence and loyalty, as well as a violation of the

Constitution.

dent.

from him in political views may be found in Ohio, and elsewhere, who will express a different opinion. But they are certainly mistaken. Mr. Vallandigham may differ with the President, and even with some of his own political party, as to the true and most effectual means 17. That we respectfully, but most earnestly, call upon of maintaining the Constitution and restoring the President of the United States to restore Clement L. the Union; but this difference of opinion does Vallandigham to his home in Ohio, and that a committee of one from each Congressional district of the State, to be not prove him to be unfaithful to his duties as selected by the presiding officer of this Convention, is an American citizen. If a man, devotedly athereby appointed to present this application to the Presi- tached to the Constitution and the Union, conThe undersigned, in the discharge of the scientiously believes that, from the inherent duty assigned them, do not think it necessary nature of the Federal compact. the war, in the to reiterate the facts connected with the arrest, present condition of things in this country, trial, and banishment of Mr. Vallandigham-carnot be used as a means of restoring the they are well known to the President, and are Union; or that a war to subjugate a part of the of public history-nor to enlarge upon the States, or a war to revolutionize the social syspositions taken by the Convention, nor to retem in a part of the States, could not restore, capitulate the constitutional provisions which but would inevitably result in the final destrucit is believed have been contravened; they have tion of both the Constitution and the Union, is been stated at length, and with clearness, in he not to be allowed the right of an American the resolutions which have been recited. The citizen to appeal to the judgment of the people undersigned content themselves with brief re- for a change of policy by the constitutional ference to other suggestions pertinent to the remedy of the ballot-box? subject.

They do not call upon your Excellency as suppliants, praying the revocation of the order banishing Mr. Vallandigham as a favor; but, by the authority of a Convention representing a majority of the citizens of the State of Ohio, they respectfully ask it as a right due to an American citizen, in whose personal injury the sovereignty and dignity of the people of Ohio, as a free State, have been offended. And this duty they perform the more cordially from the consideration that, at a time of great national emergency, pregnant with danger to our Federal Union, it is all important that the true friends of the Constitution and the Union, however they may differ as to the mode of administering the Government, and the measures most likely to be successful in the maintenance of the Constitution and the restoration of the Union, should not be thrown into conflict with each other.

The arrest, unusual trial, and banishment of Mr. Vallandigham have created wide-spread and alarming disaffection among the people of the State, not only endangering the harmony of the friends of the Constitution and the Union, and tending to disturb the peace and tranquillity of the State, but also impairing that confidence in the fidelity of your Administration to the great landmarks of free government essential to a peaceful and successful enforcement of the laws in Ohio.

You are reported to have used in a public communication on this subject, the following language:

"It gave me pain when I learned that Mr. Vallandigham had been arrested-that is, I was pained that there should have seemed to be a necessity for arresting him; and that it will afford me great pleasure to discharge him, so soon as I can by any means believe the public safety will not suffer by it."

The undersigned assure your Excellency, from our own personal knowledge of the feelings of the people of Ohio, that the public safety will be far more endangered by continuing Mr. Vallandigham in exile than by releasing him. It may be true that persons differing

During the war with Mexico many of the political opponents of the Administration then in power thought it their duty to oppose and denounce the war, and to urge before the people of the country that it was unjust and prosecuted for unholy purposes. With equal reason it might have been said of them that their discussions before the people were calculated to discourage enlistments, "to prevent the raising of troops," and to induce desertions from the army, and leave the Government without an adequate military force to carry on the war.

If the freedom of speech and of the press are to be suspended in time of war, then the essential element of popular government to effect a change of policy in the constitutional mode is at an end. The freedom of speech and of the press is indispensable, and necessarily incident to the nature of popular government itself. If any inconvenience or evils arise from its exercise, they are unavoidable.

On this subject you are reported to have said further:

Mr.

"It is asserted, in substance, that Mr. Vallandigham was, by a military commander, seized and tried for no other of the course of the Administration, and in condemnation of reason than words addressed to a public meeting in criticism the military order of the general.' Now, if there be no mistake about this, if there was no other reason for the arrest, then I concede that the arrest was wrong. But the arrest, I understand, was made for a very different reason. 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 this 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 facts, which I would be glad to correct on

reasonable satisfactory evidence."

In answer to this permit us to say, first, that neither the charge nor the specifications in support of the charge on which Mr. Vallandigham was tried impute to him the act of either laboring to prevent the raising of troops or to en