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may be suspended, when, in case of rebellion | encouraging desertions, or otherwise; and that or invasion, the public safety may require it. if he bad, he should be turned over to the civil
You ask, in substance, whether I really claim authorities under the recent acts of Congress. that I may override all the guarantied rights of I certainly do not know that Mr. Vallandigham individuals, on the plea of conserving the pub- bas specifically and by direct language advised lic safety, when I may choose to say the public against enlistments, and in favor of desertion safety requires it. This question, divested of and resistance to drafting. We all know that the phraseology calculated to represent me as combinations, armed in some instances, to restruggling for an arbitrary personal preroga- sist the arrest of deserters, began several tire, is either simply a question who shall de- months ago; that more recently tbe like has cide, or an afirmation that nobody shall decide, appeared in resistance to the enrollment prewhat tbe public safety does require in cases of paratory to a draft; and that quite a number rebellion or invasion. The Constitution con- of assassinations have occurred from the same templates the question as likely to occur for animus. .These had to be met by military decision, but it does not expressiy declare who force, and this again has led to bloodshed and is to decide it. By necessary implication, when death. And now, under a sense of responsibil. rebellion or invasion comes, the decision is to ity inore weighty and enduring than any which be made, from time to time; and I think the is merely official, I solemnly declare my beliet man whom, for the time, the people have, under that this hindrance of the military, including the Constitution, made the Commander-in-Chief maiming and murder, is due to the course in of their Army and Navy, is the man who holds wbich Mr. Vallandigham has been engaged, in the power and bears the responsibility of mak- a greater degree than to any other cause ; and ing it. If he uses the power justly, the same it is due to him personally in a greater degree people will probably justify him; if he abuses than to any other man. it, he is in their hands, to be dealt with by all These things have been notorious, known to the modes they have reserved to themselves in all, and of course known to Mr. Vallandigham. the Constitution.
Perhaps I would not be wrong to say they origThe earnestness with which you insist that inated with his especial friends and adhikits. persons can only, in times of rebellion, be law- With perfect knowledge of them he has frefully dealt with, in accordance with the rules quently, if not constantly, made speeches in for criminal trials and punishments in times of Congress and before popular assemblies; and peace, induces me to add a word to what I said if it can be shown that, with these things staron that point in the Albany response. You ing him in the face, he has ever uttered a word claim that men may, if they choose, embarrass of rebuke or counsel against them, it will be a those wliose duty it is to combat a giant rebel- fact greatly in his favor with me, and one of lion and then be dealt with only in turn as if which, as yet, I am totally ignorant. When it there were no rebellion. The Constitution it is known that the whole burden of his speeches self rejects this view. The military arrests and has been to stir up men against the prosecution detentions which bave been made, including of the war, and that in the midst of resistance those of Mr. Vallandigham, which are not dif- to it he has not been known in any instance to ferent in principle from the other, have been for counsel against such resistance, it is next to imprevention, and not for punishment- as injunc- possible to repel the inference that he has countions to stay injury, as proceedings to keep the selled directly in favor of it. peace—and hence, like proceedings in such With all this before their eyes, the Convencases and for like reasons, they have not been tion you represent bave nominated Mr. Vallanaccompanied with indictments, or trials by digham for Governor of Ohio, and both they juries, nor in a single case by any punishment and you have declared the purpose to sustain whatever beyond what is purely incidental to the National Union by a'l constitutional means. the prevention. The original sentence of im- But, of course, they and you, in common, reprisonment in Mr. Vallandigham's case was to serve to yourselves to decide what are constiprevent injury to the military service only, and tutional means, and, unlike the Albany meetthe modification of it was made as a less dis- ing, you omit to state or intimate that, in your agreeable mode to him of securing the same opinion, an army is a constitutional means of prevention.
saving the Union against a rebellion, or even to I am unable to perceive an insult to Ohio in intimate that you are conscious of an existing the case of Mr. Vallandigham. Quite surely rebellion being in progress with the avowed obDothing of this sort was or is intended. I was ject of destroying that very Union. At the
holly unaware that Mr. Vallandigham was, at same time, your nominee for Governor, in whose the time of his arrest, a candidate for the Dem- bebalf you appeal, is known to you and to the ocratic nomination for Governor, until so in- world to declare against the use of an army to formed by your reading to me the resolutions suppress the rebellion. Your own attitude, of the Convention. I am grateful to the State therefore, encourages desertion, resistance to of Ohio for many things, especially for the brave the draft, and the like, because it teaches those coldiers and officers sie has given in the present who incline to desert and to escape the draft national trial to the armies of the Union.
to believe it is your purpose to protect them Yoo claim as I understand, that according to and to hope that you will become strong my own position in the Albany response, Mr. enough to do so. Vallandigbam should be released; and this be- After a short personal intercourse with you, cause, as you claim, he has not damaged the gentlemen of the committee, I cannot say I military service by discouraging enlistments, think you desire this effect to follow your aiutide; but I assure you that both friends and surrection, in derogation of the plain language enemies of the Union look upon it in this light of the Constitution. The inherent provisivas It is a substantial hope, and by consequence a of the Constitution remaining the same in time real strength to the enemy. It is a false hope, of insurrection or invasion as in time of peace, and one which you would willingly dispel. If the President can have no more right to disrewill make the way exceedingly easy. I send gard their positive and imperative requirements you duplicates of this letter, in order that you, at the former time than at the latter. Because or a majority, may, if you choose, endorse your some things may be done by the terms of the names upon one of them, and return it thus Constitution at the time of invasion or insurrecendorsed to me, with the understanding that tion which would not be required by the occathose signing are hereby committed to the fol- sion in time of peace, you assume that any thing lowing propositions, and to nothing else : whatever, even though not expressed by the
1. That there is now a rebellion in the United Constitution, may be done on the occasion of States, the object and tendency of which is to insurrection or invasion, which the President destroy the National Union; and that, in your may choose to say is required by the public opinion, an army and navy are constitutional safety. In plainer terms, because the writ of means for suppressing that rebellion.
habeas corpus may be suspended at time of in2. That no one of you will do anything which, vasion or insurrection, you infer that all other in his own judgment, will tend to hinder the provisions of the Constitution having in view increase or favor the decrease or lessen the the protection of the life, liberty, and property efficiency of the army and navy, while engaged of the citizen, may be in like manner susin the effort to suppress that rebellion; and pended.
3. That each of you will, in his sphere, do The provision relating to the writ of habeas all he can to bave the officers, soldiers, and corpus being contained in the first part of the seamen of the army and navy, while engaged Constitution, the purpose of which is to define in the effort to suppress the rebellion, paid, fed, the powers delegated to Congress, has no conclad, and otherwise well provided for and sup- nection in language with the Declaration of ported.
Rights, as guarantees of personal liberty, conAnd with the further understanding that tained in the additional and amendatory artiupon receiving the letter and names thus en- cles, and inasmuch as the provision relating to dorsed, I will cause them to be published, habeas corpus expressly provides for its suspenwhich publication shall be, within itself, a re- sion, and the other provisions alluded to do not vocation of the order in relation to Mr. Val- provide for any such thing, the legal conclusion landigbam.
is that the suspension of the later is unauthorIt will not escape observation that I consent ized. The provision for the writ of habeas corto the release of Mr. Vallandigham upon terms pus is merely intended to furnish a summary not embracing any pledge from him or from remedy, and not the means whereby personal others as to what he will or will not do. I do security is conserved in the final resort; while this because he is not present to speak for him- the other provisions are guarantees of personal self, or to authorize others to speak for him; rights, the suspension of which puts an end to and hence I shall expect that on returning he all pretence of free government. It is true Mr. would not put himself practically in antagon- Vallandigham applied for a writ of habeas corpus ism with bis friends. But I do it chiefly be- as a summary remedy against oppression. But cause I thereby prevail on other influential gen- the denial of this did not take away his right tlemen of Ohio to so define their position as to to a speedy public trial by an impartial jury, be of immense value to the army-thus more or deprive him of his other rights as an Amer. than compensating for the consequences of any ican citizen. Your assumption of the right to mistake in allowing Mr. Vallandigham to return, suspend all the constitutional guarantees of 80 that, on the whole, the public safety will not personal liberty, and even of the freedom of have suffered by it. Still, in regard to Mr. speech and of the press, because the summary Vallandigham and all others, I must hereafter, remedy of habeas corpus may be suspended, is as heretofore, do so much as the public service at once startling and alarming to all persons may seem to require.
desirous of preserving free government in this I have the honor to be, respectfully, yours, &c. country.
A. LINCOLN, The inquiry of the undersigned, whether you
hold the rights of every man throughout ibis The Committee's Rejoinder.
vast country, in time of invasion or insurrec.
tion, are subject to be annulled whenever you New York, July 1, 1863. may say that you consider the public safety reTo his Excellency the PRESIDENT OF THE UNITED STATES: quires it ?" was a plain question, undisguised by
Sir: Your answer to the application of the circumlocution, and intended simply to elicit undersigned for a revocation of the order of information. Your affirmative answer to this. banishment of Clement L. Vallandigham re- question throws a shade upon the fondest anticiquires a reply, which they proceed with as pations of the framers of the Constitution, trbo little delay as possible to make.
fattered themselves that they had provided They are not able to appreciate the force of safeguards against the dangers which have ever the distinction you make between the Constitu- beset and overthrown free government in other tion and the application of the Constitution, ages and countries. Your answer is not to be whereby you assume that powers are delegated disguised by the phraseology that the question to the President at the time of invasion or in- is simply a question who shall decide, or an
affirmation that nobody shall decide, what the duties, or he could absolutely control the public safety does require in case of rebellion action, either of Congress or of the Supreme or invasion." Our Government was designed Court, by arresting and imprisoning its memto be a Government of law, settled and defined, bers, and upon the same ground he could susand not of the arbitrary will of a single man. pend the elective franchise, postpone the elecAs a safeguard, the powers were delegated to iions, and declare the perpetuity of his higi the ligislative, executive, and judicial branches prerogative. And neither the power of inof the Government, and each made co-ordinate peachment nor the elections of the people with the others, and supreme within its sphere, could be made available against such concenand thus a mutual chick upon each other in tration of power. case of abuse of power.
Surely it is not necessary to subvert free It has been the boast of the American people government in this country in order to put that they had a written Constitution, not only ex- down the rebellion; and it cannot be done under pressly defining, but also limiting the powers the pretence of putting down the rebellion. Inof the Government, and providing effectual safe- deed, it is plain that your Administration has guards for personal liberty, security, and prop- been weakened, and greatly weakened, by the erty And, to make the matter more positive assumption of power not delegated in the Conand explicit, it was provided by the amenda-stitution. tory ariic es nine and ten that "the enumeration In your answer you say to us: “You claim in the Constitution of certain rights shall not be that men may, if they choose, embarras those construed to deny or disparage others retained whose duty it is to combat a giant rebellion by the people," and that “the powers not dele- and then be dealt with in terms as if there gated in the United States by the Constitution, were no rebellion.” You will find yourself in por prohibited by it to the states, are reserved fault, if your will search our communication to the States respectively or to the people.” to you for any such idea. The undersigned With this care and precaution on the part of our believe that the Constitution and laws of the forefathers who framed our institutions, it was land, properly administered, furnish ample not to be expected that, at so early a day as this, power to put down an insurrection without the a claim of the President to arbitrary power, assumption of powers not granted. And if exlimited only by his conception of the require- isting legislation be inadequate, it is the duty ments of the public safety, would have been of Congress to consider what further legislaasserted. In dérogation of the constitutional tion is necessary, and to make suitable provip ovisions making the President strictly an ex- sion by law. eeutive officer, and vesting all the delegated You claim that the military arrests made by legislative powers in Congress, your position, as your Administration are merely preventive remewe understand it, would make your will the rule dies, “as injunctions to stay injury, or proceedof action, and your declaration of the require- ings to keep the peace, and not for punishment.” ments of the public safety the law of the land. The ordinary preventive remedies alluded to are Our inquiry was not, therefore, "simply a ques- authorized by established law, but the preventlion who shall decide, or the affirmation that ive proceedings you instituto have their aunobody shall decide, what the public safety thority merely in the will of the Executive or requires." Our Government is a Government of that of officers subordinate to his authority. ise, and it is the law-making power which ascer- And in this proceeding a discretion seems to be tains what the public safety requires, and pre-exercised as to whether the prisoner shall be scribes the rule of action; and the aty of the allowed a trial or even be permitted to know President is simply to execute the laws thus the nature of the complaint alleged against him, enacted, and not to make or annul laws. If any or the name of his accuser. If the proceedings exigency sball arise, the President has the bemerely preventive, why not allow the prisoner power to convene Congress at any time to pro- the benefit of a bond to keep the peace? But vide for it; so that the plea of necessity fur- if no offence bas been committed, why was Mr. bisbes no reasonable pretext for any assumption Vallandigham tried, convicted, and sentenced of legislative power.
by a court-martial? And why the actual punFor a moment contemplate the consequences ishment by imprisonment or banishment, withof such a claim to power. Not only would the out the opportunity of obtaining his liberty in cordinion of the President be absolute over the the mode usual in preventive remedies, and yet rights of individuals, but equally so over the say it is not for punishment? oiber departments of the Government. If he You still place Mr. Vallandigham's convicsboald clain that the public safety required it, tion and banishment upon the ground that he be conld arrest and imprison a judge for the had damaged the military service by discouragconscientious dischage of his duties, paralyze ing enlistments and encouraging desertions, the judicial power, or supercede it by the sub- &c., and yet you have not even pretended to sitation of courts-martial, subject to his own controvert our position that he was not charged sil, throughout the whole country. If any with, tried, or convicted for any such offence one of tbe States, even far removed from the before the court-martial. rebellion, should not sustain his plan for prose- In answer to our position that Mr. Vallandigenting the war, he could, on the plea of public ham was entitled to a trial in the civil tribunals, safety, annul and set at defiance the State laws by virtue of the late acts of Congress you say: and authorities, arrest and imprison the Gover- "I certainly do not know that Mr. Vallandigham Dor of the State or the members of the Legisla- has specifically and by direct language advised ture, while in the faithful discharge of their against enlistments and in favor of desertions and resistance to drafting,” &c., and yet, in a subse- this paper, they might suggest that the measures quent part of your answer, after speaking of of the Administration, and its changes of policy certain disturbances which are alleged to have in the prosecution of the war, have been the occurred in resistance of the arrest of deserters fruitful sources of discouraging enlistments aud of the enrollment preparatory to the draft, and inducing desertions, and furnish a reason and which you attribute mainly to the course for the undeniable fact that the first call for Mr. Vallandigham has pursued, you say that volunteers was answered by very many more he ha made speeches against the war in the than were demanded, and that the next call for midst of resistance to it; that" he has never soldiers will probably be responded to by draftbeen known, in any instance, to counsel against ed men alone. such resistance;' and that “it is next to impos- The observation of the President in this consible to repel the inference that he has counselled nection, that neither the Convention in its directly in favor of it.” Permit us to say that resolutions, nor the committee in its communiyour information is most grievously at fault. cation, intimate that they “ are conscious of an
The undersigned have been in the babit of existing rebellion being in progress with the hearing Mr. Vallandigham speak before pop- avowed object of destroying the Union,” needs, ular assemblages, and they appeal with confi- perhaps, no reply. The Democratic party of dence to every truthful person who has ever | Ohio has felt so keenly the condition of the heard him for the accuracy of the declaration, country, and been so stricken to the heart by that he has never made a speech before the the misfortunes and sorrows which have bepeople of Ohio in which he has not counselled fallen it, that they hardly deemed it necessary submission and obedience to the laws and the by solemn resolution, when their very State Constitution, and advised the peaceful remedies exhibited everywhere the sad evidences of war, of the judicial tribunals and of the ballot-box to remind the President that they were aware for the redress of grievances and for the evils of its existence. which afflict our bleeding and suffering coun- In the conclusion of your communication try. And, were it not foreign to the purposes you propose that, if a majority of the comof this communication, we would undertake to mittce shall affix their signatures to a duplicale establish to the satisfaction of any candid per- copy of it, which you have furnished, they shall son that the disturbances among the people to stand committed to three propositions, therein which you allude, in opposition to the arrest of at length set forth, that he will publish the deserters and the drait, have been occasioned names thus signed, and that this publication mainly by the measures, policy, and conduct of shall operate as a revocation of the order of your Administration, and the course of its po- banishment. The committee cannot refrain litical friends. But if the circumstantial evi- from the expression of their surprise that the dence exists, to which you allude, which makes President should make the fate of Mr. Val. “it next to impossible to repel the inference landigham depend upon the opinion of this that Mr. Vallandigham has counselled directly committee upon these propositions. If the in favor" of this resistance, and that the same arrest and banishment were legal, and were bas been mainly attributable to his conduct, deserved; if the President exercised a power wly was he not turned over to the civil author- clearly delegated, under circumstances which ities to be tried under the late acts of Congress? warranted its exercise, the order ought not to If there be any foundation in fact for your be revoked, merely because the committee hold, statements implicating him in resistance to the or express, opinions accordant with those of constituted authorities, he is liable to such the President. If the arrest and banishment prosecution. And we now demand, as a mere were not legal, or were not deserved by Mr. act of justice to him, an investigation of this Vallandigham, then surely he is entitled to an matter before a jury of his country; and respect- immediate and unconditional discharge. fully insist tbat fairness requires either that you The people of Ohio were not so deeply moved retract these charges which you make against by the action of the President merely because him, or that you revoke your order of banish- they were concerned for the personal safety ment and allow him the opportunity of an in- and convenience of Mr. Vallandigham, but bevestigation before an impartial jury.
cause they saw in his arrest and banishment an The committee do not deem it necessary to attack upon their own personal rights; and repel at length the imputation that the attitude they attach value to his discharge chiefly as of themselves or of the Democratic party in it will indicate an abandonment of the claim Ohio “encourage desertions, resistance to the to the power of such arrest and banishment. draft, and the like.” Suggestions of that kind | However just the undersigned might regard the are not unusual weapons in our ordinary politi- principles contained in the several propositions cal contests. They rise readily in the minds submitted by the President, or how much soof politicians heated with the excitement of ever they might, under other circumstances, partisan strife. During the two years in which feel inclined to indorse the sentiments contained the Democratic party of Ohio has been con- therein, yet they assure him that they bare strained to oppose the policy of the Adminis- not been authorized to enter into any bartration, and to stand up in defence of the Con- gains, terms, contracts, or conditions with stitution and of personal rights, this charge the President of the United States to procure has been repeatedly made. It has fallen harm- the release of Mr. Vallandigham. The opinless, howerer, at the feet of those whom it was ions of the undersigned touching the questions intended to injure. The committee believe it involved in these propositions are well known, will do so again. If it were proper to do so in have been many times publicly expressed, and bre sufficiently manifested in the resolutions of announcement of the "riddling" of the Empire office by the coprention which they represent, and they will avail nothing now or hereafter. I do express to you
“furloughed soldiers.” I offer you no sympathy, for that C100ot suppose that ihe Prezident expects that my profound regret that you were not prepared to inflict they will seek the discharge of Mr. Vallandig- on tho spot, and in tho midst of tho assauli, the conpleto bam by a pledge implying not only an imputa- held to learn that some of them did soon after receive their
punishment which the assailants deserved; but am gratition upon their own sincerity and ji delity as cic- deserts. But these cowardly acts cannot always be guarded izens of the United States, and also carrying against. And they do not primarily come from tho “solwith it by implication a concession of the legality preventivo of future injuries; and that is, instant, sun
diers." Thero is, therefore, but ono remedy for past and of bis arrest, trial, and banishment, against mary, and amplo reprisils upon the persons and property which they and the convention they represent of the men at homo who, by languago and conduct, are alhare solemnly protested. And, wbile they
ways exciting these outrages.
No legal nor military punishment is ever inflicted upon have asked the revocation of the order of ban- the immediate instruments. Retaliation, theretore, is the ishment pot as a favor, but as a right due to the only and rightsul remedy in times like these. I speak adpeople of Obio, and with a view to avoid the visedly, and recommend it in all cases hereafter. It is of
no avail to announce the falsehood that “ both parties conpossibility of conflict or di-turbance of the demn it,” after the destruction has been consummated. Ľublic tranquillity, they do not do this, nor The time has gone by for obedience without protection. I does Mr. Vallandigham desire it, at any sacri- speak decided language; but tho continual recurrence of
these outrages-frequently attended with murder, and fice of their dignity and self-respect.
always without redress--demands it. They must be The idea that such a pledge as that asked from stopped, let tho consequences bo what they may. Repri. the undersigned would secure the public safety sals in such cases are now tho only way left for a return to sufficiently to compensate for any mistake of Very truly,
C. L. VALLANDIGHAM. the President in discharging Mr. Vallandigham
Mr. Vallandigham's Return and Address. is, in their opinion, a mere evasion of the grave questions involved in this discussion, and of a
1864, June 15—Mr. Vallandigliam returned direct answer to their demand. And this is made to Ohio, and that day addressed the Democratic especially apparent by the fact that this pledge Convention at Hamilton, Ohio, as follows: is asked in a communication which concludes the soil of my native state. To-day I am onco moro within
I am in with an intimation of a disposition on the part the district which for ten years extended to me the highest of the President to repeat the acts complained of. confidence, and three times honored mo as its Representa
The undersigned, therefore, having fully dis- tivo in the Congress of tho United States. I was accused of charged the duty enjoined upon them, leave
no crime against the Constitution or laws, and guilty of
none. But whenever and wherever thus charged upon duo the responsibility with the President.
process of law, I am now here ready to answer before any M. BIRCIIARD, 10th Dist., Chairman. civil court of competent jurisdiction, to a jury of my counDAVID HOUK, Lc'y, 3d Dist.
trymen, and in the meantime to give bail in any sum which GEO. BLISS, 11th Dist.
any judge or court, Stato or Federal, may aflix, and you, the T. W. BARTLEY, 8th Dist.
186,000 Democrats of Ohio, I offer as my sureties. W. J. GORDON, ÍSth Dist.
Nevor for one hour have I remained in exile because I JOIN ONEILL, 131h Dist.
recognized any obligation of obediunco to tho unconstituC. A. WITTE, Oh Dist.
tional and arbitrary edict. Neither did personal fear ever W. E. FINCK, 12th Dist.
restraid me. And to-day I return of my own act and pleasALEXANDER LONG, 21 Dist.
urc, because it is my constitutional and legal right to return. JAS. R. MORRIS, 15ih Dist.
Only by an exertion of arbitrary power, itself against the GEO. 8. CONVERSI, 7th Dist.
Constitution and law, and consummated by military force, I GEO. II. PENDLETON, 1st Dist.
was abducted from my home and forced into banishment. W. A. IIUTCHINS, 11th Dist.
The assertion or insimation of tho President that I was arA. L. BACKUS, 10th Dist.
rested " because laboring, with some effect, to prevent the J. F. MOLINVEY, 4th Dist.
raising of troops, and to encourage desertions from the J. W. WINITE, 10th Dist.
army,'' and was responsible for numerous acts of resistance F. C. LEBLOND, 5th Dist.
to the draft and to the arrest of deserters, causing "assussiLOUIS SCILIFFER, 17th Dist,
nation, naiming, and murder," or that at any time, in any WARREN P. NOBLE, 9th Dist.
way, I huu disobeyed or failed to counsel obedience to the
lawful anthority, or even to the semblance of law, is abso The Cure before the Uniled Slates Supreme Court. lutely falso.
I appeal for the proof to every speech I ever made upon WASHINGTON, February 15, 1864. The case of Mr. Vallandligham, er parte, was decided in
thoso questions, and to the very record of the mock Military the supreme Court of the United States to-lay. The poti raged. No; the sole offence then laid to my charge was
Commission by the trial and sentence of which I was outtà per asked that the writ of carliorari be directed to the words of criticism of the public policy of the Administritde Ajrochie General for a revision of the proceedings of tion, addressed to open and public political meetings of my the filetary Commission which tried him, the jurisdiction of fellow-citizens of Ohio, lawfully and peaceably assembled. which was denie l as extending to tho caso oi a civilian, and And toulay, my only “crimo" is, that in the way which the Lject being to have the sentence annuled, on tho they call trenson, worship I the Constitution of my fathers. Tatů of ilegality. The Judge Advocate, Col. llolt, ha! But for now more than ono year, no public man hus been respunded in a critten argument that the Comt might with arrested, and no newspaper suppressed within the States arrh propriety be called upon to restrain, by injunction, adhering still to the Union, for the expression of political the proceelings of Congress, as to revise by certiorari and opinion; while hundreds, in public assembly and through re ere the proceedings of the military authority in time
the press, have, with a license and violence in which I never of war in tbe punishment of all military offrnces, according indulged, criticised and condemned tho acts and policies of to the users of civilized nations and the power given by
the Administration, and donounced the war, maintaining tre Constitution anal laws of the United States for the
even the propriety and necessity of the recognition of Conos de ence and public safety.
southern independence. Justice Wayne to day delivered the opinion of the Court,
Indorsed by nearly two hundred thousand freemon of the resit the writ, on the ground that oven if the arrest, trial and puni bin ntif Vallanigbam were illegal, there and still with the sympathy and support of millions more,
Democratic party of my native Stato at the lato elections, is no authority in the Court to crant rolief in this mode, as that therr is no law by which any appeal or proceedings who is to be the victim of arbitrary power. If Abrahain
I do not incin any longer to be the only man of that party in the nature of an appeal from a Military Commission to
Lincoln sccks my life, let him so declare; but he shall not the Supreme Court can be taken.
again restrain mo of my personal liberty except upon "due His Letter on “Rdaliation."
process of law." The unconstitutional and monstroug
** Order 38," under which alone I was arrested thirteen WINDSOR, C. W., March 7, 1864. months ago, was defied and spit upon at your State Monste. TICEBARD AND BROTHER, Dayton, Ohio:
convention of 1863, by the gallant gentleman who bore the GEXILEMLS: I reach, several days ago, the telegraphic standard as your candidate for Lieutenant Governor, and by