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607 SANSOM STREET action actually Administration adopted ALBANY American answer army arrests assert assumption blow cause circumstances citizen civil civil war close COLLEGE LIBRARY commander committed Constitution constitutional and lawful course courts criminal danger Democrats determined devote discharge discuss elements Excellency exists fact force former further Government habeas corpus hands insurgent Jackson JOHN judge jury KING & BAIRD known law of evidence lawful measure least less LETTER liberty maintain means measure to suppress meeting held military military arrests officers orders ordinary party patriotic peace person PHILADELPHIA places present PRESIDENT principles PRINTERS public meeting public safety question rebellion or invasion regard request resolutions Resolved responsibility safeguards safety may require secure seized stitution stood the test suppress the rebellion supremacy sustain taken tion treason trial trial by jury TRUTH understand Union United unless Vallandigham
Page 4 - 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 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.
Page 3 - If I be wrong on the 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 the absence of rebellion or invasion, the public safety does not require them.
Page 5 - ... 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...
Page 3 - He was not arrested because he was damaging the political 12 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.
Page 1 - Franklin Buchanan, now occupying the very highest places in the rebel war service, were all within the power of the government since the rebellion began, and were nearly as well known to be traitors then as now. Unquestionably if we had seized and held them the insurgent cause would be much weaker. But no one of them had then committed any crime denned in the law.
Page 1 - ... attests their purpose that in such cases, men may be held in custody whom the courts acting on ordinary rules, would discharge. Habeas corpus, does not discharge men who are proved to be guilty of defined crime; and its suspension is allowed by the Constitution on purpose that men may be arrested and held, who cannot be proved to be guilty of defined crime, "when, in cases of rebellion or invasion the public safety may require it.