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Letter to Corning.
arrest was made because he was laboring, with some effect, to prevent the raising of troops; to encourage desertion 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 bands upon him. If Mr. Vallandigham was not damaging the military power of the country, then this 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 consid. ering 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 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 induces 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, joy 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 the absence of rebellion or invasion, the public safety does not require them; in other words, that the Constitution is not,
Lotter to Corning.
in its application, in all respects the same-in cases of rebellion or invasion involving the public safety, as it is in time 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 såme could not be lawfully taken in time of peace, than I can be persuaded that a particular drug is not good medicine for a sick man, because it can be shown not to 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 bis healthful life.
“ In giving the resolutions that earnest consideration which you request of me, I can not 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 aiming blows at each other. But, since you have denied me this, I
Letter to Corning.
Gen. Jackson's Course
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 can not assert that there are none such.
“And the name of Jackson recalls an incident 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, Gen. Jackson still maintained martial or military law. Now that it could be said the war was over, the clamor against martial law, which had existed from the first, grew more furious. Among other things, a Mr. Louiallier published a denunciatory newspaper article. Gen. Jackson arrested bim. A lawyer by the name of Morrel procured the United States Judge Hall to issue a writ of habeas corpus to relieve Mr. Louiallier. Gen. 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.? Gen. Jackson arrested bim. When the officer undertook to serve the writ of habeas corpus, Gen. 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 a treaty of peace was regularly
Letter to Corning.
announced, and the judge and others were fully liberated. A few days more, and the judge called Gen. Jackson into court and fined him $1,000 for having arrested him and the others named. The general paid the fine, and there 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 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 can not 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
Of course, I must practise a general directory and revisory power in the matter.
“One of the resolutions expresses the opinion of the meeting that arbitrary arrests will bave 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 wemed to be a necessity for arresting him—and that it will
Letter to Corning.
Letter to Ohio “ Democrats.
afford me great pleasure to discharge him so soon as I can, by any means, believe the public safety will not suffer by it. I further say that, as the war progresses, it appears to me, opinion and action which were in great confusion at first, take shape and fall into more regular channels, so that the necessity for strong dealing with them gradually decreases. 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 suppress the rebellion. Still, I must continue to do so much as may seem to be required by the public safety.
Mr. Lincoln, having been waited upon by a Committee of Ohio “ Democrats," who urged him to recall Vallandigham, whom they sought to exalt as a “martyr to popular rights," addressed the following reply, the quiet sarcasm of which is not the least of its many good points :
"Washington, June 29, 1863. “ GENTLEMEN :- The resolutions of the Ohio Democratic State Convention, which you present me, together with your introductory and closing remarks, being, in position and argument, mainly the same as the resolutions of the Democratic meeting at Albany, New York, I refer you to my response to the latter as meeting most of the points in the former.
“This response you evidently used in preparing your remarks, and I desire no more than that it be used with accuracy. In a single reading of your remarks, I only discovered one inaccuracy in matter which I suppose you took from that paper. It is where you say, 'The undersigned are unable to agree with you in the opinion you have expressed that the Constitution is different in time of insurrection or invasion im what it is in time of peace and public security.'