Mt. Vernon Democratic banner (Mount Vernon, Ohio : 1853), 1863-07-25

              . liiiii rfr - -j-- ,-; 1 2 s. - .I"....,.1 .... i. un '!-,. '.'-. ii . J- .. f. : ..( . 't . hi,' -vTj- - .t ' SC?" :-f f rt:' ai-tsi?55i' i i - - ' r.. ' ' ' ', '. rii'4 ill 5fc ioi la a , -..rs ih-tt-t --' : -; ' "'.--i vat1." 1 .- .. n n i ; 1 '.' .a ! . i 1 j 1 W 11 . " : . 1 i ' j ' , r - ' . J - .. . ..... - . NTTMBEK I5i ;3 Win Z- if I 1 1 t.i rxio It 40 TCX.UX 1TRT ilTVMUr KOBTOO , '.f. . - .T. - j-v ..t.j-; ' ,i - TERMS. Tw Dpllm pr kM-oin, PjtlJB d- ratioa mu yetut. . .., Vickaburg Duration and-IneideaU of tis --; - the Siege.' 'V '- j -v' ;" Thft toHowiog is chronological . record of. the eige .of Vicksburg, from it first inception. May '12, 1862 Flag officer Farragat do-manda the surrender. ,.- , Jni)e23 Farragut -passes Vicksborg with Lis fleet. k : ' ' ! - Jane 23Uniftd naval attack npon. ' July 24--Naval tiega rawed by Farragut. Deo. (J.n Sherman defeated. . - .- . -: J au.2., i563 Geii Shetioaa withdraws from. ; , . ; v , " : , . : . Jas. -22.T Geo, : JlcClernaoJ . prepares for eiege operation. -, ; ' '.. . .. FeU.-4rr0en. (Grant, arrives. ; Feb. 18 Gen. Grant comineoces' bombardment;.; ' .' ... . . ;.' : Mareh 21-r" Admiral Farragut arrived. Marcb 2&r ToGun boats run past. : ApriiviG &ix guuboats run paet. ; April 17 Fire opened iroin Peanlosulrt bat-j tcne8 April"2W Admiral Porter shells and paase Grand Gulf. April '60 General Grant lands' at Bolins- burg and move- on Port Gibson. May 12- Engagement and .victory at" Bay mond. . ; . .-.'.- May 13 Battle at Mississippi Springs. May 14 Occupation of Jackson. " May 16 Battle of Baker' Creek. -r May 17 Battle of Big Black. Uivcr bridge May. 16 .Evacuation of Jackson by. lieu. I lirantv . May 18 Gen. Grant invests Vicksburg. May 18 Uaines's and Chicasaw blutlscap- tured; - ; ,i. r - : - May J9 Gen.-Steele carries the rifle pits. Gen. Grant's right and left rest upon the riv-- er. i . - - - . , ' . . May 25 An unsuccessful assault made, by Gen. Grant, V July 4 Vickeburg surrendered to General Grant..-:. 2Iohammedan Teachings and Christian .r - : : Barbarism. ' . . . ' Xamnrtine, fays the Philadelphia Age, contrasts the barbarities still practiced in war, in war, in epite of Oar advanced civilization, with humane precepts of Abou-beker,,. who, after the death of Mohammed, invaded Syria to convert the "people who had fallen into idotato-ry to the worship of the true God. On starting he addreaae'd his troops as follows : .. .'. 'Warriors ofdeiam, attend a moment and listen well to the precepts which 1 : am. about. 'of war. r lght wita bravery and loyalty.- Never use artifice and perfidy -toward yooel? . . ' , .. . J v namiM - dft nnt innti it l.ln tftllAn rttr not. do not. elay tae ageu, nor toe cnudren, nor tne- women ; do not destroy the "palm trees ';' do not. burn the crops; do not cut the fruit trees; do not slaughter the animals, except what will be necessary r for your nouribhmant. You will find upon your rout men living jn .nolitude. , ' in meditation, in the adoration of God them bo'. injury give them no ofleuce."-- An Escape at .Vicksburg. By a letter from an officer in the army at Vicksborg, we learn of a most-miraculous escape. ' -It eaya that Colonel Lloyd 1). Wad-dell, Inspector General (whose iuteresting letters ha va often been in our" columns.) while he wa inspecting- siege guns, had a mortar-shell burst within three feet of him, knocking 'him down, stunning him. tearing his clothes and literally burving him with earth. As soon as be was sufficiently recovered he got on his horse, only to be knocked down horse and all. by the concussion of-another shell, which wounded wveral others of the staff.-but Col. Waddell'-tiff 1" injury. The lads consider him iWTnb-pr&oC Well they may Y. John . Brottgh irallifier. JohnJSroogh, the Abolition candidate for Governor, left the Democratic-party ; in 1832 because It opposed Calhoun's doctrine 'of nullification.'5 " tie denounced Andrew Jackson for hi opposition ta Calhoun. When the nullification trouble was eetlled, Brough came . back to tb Democratic fold, and left it again wheii'President Polk refused to give him an - office. ' Hayoted for Fremont.in 1856. ' Wlllrthi record for ' their 'Candidata, the Abolitionist have the audacious impudence to Attempt to impoee him on the public a a Democrat - They. know, that the name of Democracy i very powerful with the peple, and they desire to use it to' cloak black designs from th public Wayn Comity Democrat' '-4'ft . 1 : -. r . -. i , ww fcfcy 1 1 mi jijj,i:,i ; Th CHvelaDdPlaindaler, announces Jna' when tee 'aarmy got intoTennsyltaniailvade y and Cfianxflerfwho bar-been at WashTngton I "j? x i.-.j: - ever autce ooBrrees ujourou,; p&ck.cu up ua left o4b'doahJeuqaick -for.. home, and. '.that Wad got-off .the-sars at Cleveland and footed it up tbJrooghav back .alley to the house of a friend,-40 keep tha-popl from, fleeing, him. Thi ithoward who govern Lincoln, and the Republican party of Korthern Ohio. ...Hi inUtHu aboUtion doctrine set the nation, on fire, aa4whenthilame approached theCap-koi-hfruii awy likeajthief-intbe night, instead o Making a musket and standing up like maHto- defendLf th" Cspitot. Tuicarawu J3wiWSsCt ''----$?. itth-Sii1 i'5- YallMdigbam, tboogh be never came heartily jip, to the support of the Government,. TOti'3ft.Qd ' Jaooey -for- the. prosecoUoa ofthf,rifaetwhi4th-.jchmon4 n-owrtnember:gaiot him new that h Ja at Brmga-iea4Q;aara,-TS( Tht Comatrffiat, and-th whole. Bepablieaii monfc iSa 'Tallsn'dlgfjani vp'ted against iie iTVisraonejzjat tna jrar,r; i pen hwaim.th North thty SotoLl i:s,. tat'the rsTcrsa-israkl to -th Jwhea. hkis dor th Sooth . They apparently wasfUha South. udm nun ior-vowog- wr a jjpM."-- ZTl-cmtnb4Qtt'fwUQ. forties nttndredflktihs-eej, Jjoulredsbossesi-adter- rTr??IT,',ih gomnjaeBt has beaojavardsd so Wiiiim CoL&fMiwefcJIambrs, -at cms bcOaa4 aado!J4eiir-r - -us on tha 20th. mlu Th. policy of strict mrz'ja&ij, aa .between the; North and tb " ;uthf was maintained by th government. ' -r- .,.,.'; -.g v "- " 't : 1 . " ; IhKCiai jmtWW&j Power J 4. -; j -is.. Tne CoiTCspoiideiice in the Case of Hr, ltter ftm th OIilo Committee te The ; Presidettfi; Beply-r-Se lapesiches .tie Fidelity fif th Coimittee J&i,. n ' I4NC0LS EXP0Si3 HIS WZAJL&E3&. Vellandigliian Tate dependent vp on Other ZZen's Opinions f THE . COmilTTEE'S JfOBIE HZJOXS- We print below all the eorreairondenca ; be tween the Ohio Cocamittee of -Nineteen and President- Lincoln." The Commrtlee reached Wasliiugton on Thursday, Jan 25Uv and ! had an ioterykw with Mr. Linoolrr, " when it was arranged - that another ' interview 'should be had on Friday, June 26th, when the iews of the Conimittee were presented in writing. Tie Committee to the-President. To His'&eeliincy, : ... U ") V . ' :" -'t The President of lJus United Stales : The undersigned having been - appointed a j committee, under the authority of tne resolu-; tion of the'State Convention held -at the city of Columbus, Ohio, on the 11 inst., to compiu- ! mcate with yo on the subject of the arrest land banishment of Clement L. VallandigUam, in oct respecttully submit the following as the resolutions, of the Convention bearing upon the subject of this, commuuication, aud ask of your. Excellency their earnest consideration. And they deem it proper to state that the Con vention was one fn ' which all parts of the Skate were represented, and 'one of the most rw-pectable as to nuhibers and character, one 1 91 me mosi earnest ana sincere la support or i ine onsiiiatiou ana tue u nion ever ueia iu that State : " Resolved, 1. That - the will ofHhe people is the foundation of all free government ; that to give eflect to this will, free thought, free speech and a free press are absolute! v indispensable. Without free discussion there is no certainty of sound judgment: without sound judgment there can be no wise government. V. that it is as innereul and constitutional right of the people -to discuss all measures of their Government, and to approve or disap- ?rove, as to their best judgment seems right, hat they have & like right to propose and advocate that policy which in their judgment id best, and to argue and vote against whatever policy seems to them to violate the Constitution, to impair their liberties, or to be detrimental to their welfare. ' "3. That these and all other rights, guaranteed to tbeoi by their Couatitutioua are their rights in time of war, aa well as in time, of peace, and of far tuore value and necessity in war than in peace ; for in peace, liberty; mecuv rity, and-proporiy t.aej aMeiajttgefdt tfcr ever 4. I bat we saw m lai all whom . it mav I . concern, not by way of threat, but calmly and firmly, that we will not surrender these rights nocj submit to their forcible violation. We will obey the lawaouxselvea aed aU other must obey them. 11. That Ohio wilt 'adhere to the CbnstU ' tution and the Union as the best, it may be 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. So ateo have a greater interest in its preservation than we have hone desire it jnore; there are none whowU make greater sacrifices or endure more than we writ to accomplish that eud. We are, aa we ever have been, the devoted friends of the I Constitution and the Union, and we have no sympathy with the enemies of either. "15. 1 hat the arrest,- imprisonment, pretended trial and actual banishment of Clement L. VaUandighani," a citizen , of the State of Ohio, 'not- belonging' to the land or naval forces ot the United States, nor to the militia in actual service, by alleged militarv authori ty, for no other pretended crime than that of uttering words of legitimate criticism upon the conduct of the Administration in power, and of appealing to the ballot-box for a change of policy (said arrest and ' militar trial ta- kiug pUce where the court of law are open and h nobs tructed, and for no act done within the sphere of active military", operations in carrying on the war we regard a a palpable violation of the following provision of the Constitution of the United States: "11. Congress shall make no la.w ; . : ' abridging the freedom of speech or of the press, or the right of the. people peaceably to assemble, and petition the Government tor a redress of grievances.' - "2. The right of the people to be' secure " in their persona, houses, papers' and "effects, against unreasonable searches and seizures. shall not be violated; and bo :warraot shall issue, but opOn probable cause .en Doorted bv oath or affirmation, and particularly describ- ing me piace to oe searcnea ana in persooB or things to be seized. . '. - , ' '" - " 3." No aerson shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand ju- ry, except io cases arising in tne lanq or na val forces, or in the' militia, when in actual service in time of war or public danger. "4.-1 it all ciniinal proeecufioha, the accused shall eniov the rie-ht to a's&eedr and nnblle trict wherein tb crime shall have ' been com- mittea, wnTcn district snail nav been pre- yiousiy. aacertainea pyjaw ' - . ; " And ws furthermore denounce sail irest? trial ana banishment as a direct lualt'onared to the sovereienty of the peonl of Ohio, by I whose orranio bxw it is ddared that nrt rr- eoft-sbalj be trsneported oat of tb . State ;for. an; offence committed within lb t satae; " :"-t v 16;JThatiClement:LV Vattandieblahl 'was: t ths tiw'of hwsrrttt; a" wtniaeorcandif data for nomlnatioQ bj-rthV 'Democratic partj of Ohio for the office of Governor oTlhe'Statei that the Democrtticf pairtjr r&9 lolly com pett to decide' whether bl a It man for thatnomination-- and that the.v mtteapi'JW ;dpHy Mtr4; of tnat;Mgbt arrest'aud baa ihmen wa an ' unmerited ; taputatiaa; 'npon hei ioupgetceknd Ujalty; aj ell'ai ik edatiottXfth Oonetisiion. . - J . - VSXT. reepscMjaTneei-lTtf ealtipcar the rpresUent rortheTjBltd Sutcsto restore demeat 'Vinand'Ura oiauicjje tatuiio? aaa inateianoittf e tT ntlhi spelkatioq-to tb rridBt.N The, undersign d, ia the dischsrg "of th tfuty assignai ; do sot tamk it v - ST w C-- vT - w J y0111 JnsGictiomto tflanoHponv ;ti6ml t, Ve,ljaret;,5 pwoTtybe, -a awissvHsv-M Md-- v w . mmmtt i eta, mjii lA htt tt. ti btl : I "T . : a r.nTwt-tvi usm tvmt.i r nn i i s - rvryv- mc to reiterati.th Jaeooneejed wit3i thearresy trial and banishment of Mr.yallandigham they ar well-known io the President, and ar of pahl ic ' h is tor nor to enlarge upon position taken by the convention,-' nor to recapf t-ulate the constitutional provisions which-it is believed have' been contravened fiber ' have ben stated at length and "with clearness in the resolutions which have been recited; The j uodersig&ed cont(eot tbemseivefl twjtit brief reference-to other aoeslion. pertinent to th Bubject. ' . " ' " .'. ' ;(.They do not call opon 'jronf ' Excellency a upplicanU praying for th revocation f the ox der baniahing Mr. Vallandighaut as a fa ror; but, by the authority of aeon vention rep resenting' a majority of the ciiTcens of the State of Ohio;' they reepectfnTly- ask -it "a a right do an American citizen in - whose peS soaal injury , the sovereignly- and dignity of th people of Ohio, as a. free State, have, heeu ofTended. ' And this duty they perforin' more cordially from the consfderatiop thai,ai the time of a great national emergency, pregnant with danger- to oar Federal Union, it is all important that the? true friend of th Coosti. tution and the Union however" they, may diA fer as to the modi of administering 'the Govern ment, and the measures most likely to be enc- cessfiil in the maintenance of the Government, should hot be thrown in' conflict . with each other. The arrest, unusqal trial, and. banishment of Mr. Vallahdlghatn, have createS widespread and alarming disaffection among the people of the State, not only endangering the harmony of the friends of th Constitution and the. Uuion,: aud tending to. disturb the .peace and tranquility, of the State, ' but also Impairing that confidence in the fidelity of your Admin islrat ion to the great landmark 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, 1 was pained that there should have seemed a necessity for arresting hiuv, and it will aflfbrd cue great pleasure 4o discharge him , no soon aa 1 can by any ineana believe the pultlio safety will not suffer by it." . t The undersigned assure your Excellency, from our personal knowledge' of the 'feelings' ot the people of Ohio, that the public safety will be far more . endangered by continuing Mr. Vallandigham in exile thau by releasing him. It may be true that persons differing from hiid in political yiews may be found in Ohio and elsewhere who-will express a diS'er-ent opinion. But they are certainly mistaken, Mr. Vallandigham. . may differ with the President, aud even with some of his own political party, as to the true and moat effect ual means of maintaining the Constitution and re storing the Union; but this difference of opin ion does not prove him to be unfaithful to his duties as an American citizen. If a man, devotedly attached to the Constitution and the Union, conscientiously believes that, from the inherent nature of. the Federal com pud,- the war, iu the present condition of affairs in this country, nan not be used as a means of restoring the Union ; or that a war. to subjugaie a patrol the States,' or a.w.ar to ..revolutionize tue. sociai systenji ia a part of tbetatejs, eou,ld not restore, but would jueyitaliJy result iu the final destruction of both the (Constitution and the Union, is he not to be allowed th,. right of an American citizen to appeal to the judgment of th people for a change, .of-." policy, by the constitutional remedy of the ballot-box ? ' Duriug the.war.with ilexico, manv-;of the political opponents of the AdiuinistrUion then in power thought it their duty A to denounce and oppose the. war, and to . urge before the people of the coun try that it was unjust, aud prosecuted for unholy purposes. With equal reason it could haye 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 Govern ment without an adequate military lorce to carry on the wan ..' If the freedom of speech and of - the press are to be suspended iu a time of war, theu 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 govern- meni He&ii. ii.auv . incouvenience, vc evu arise from its exercise, they are unavoidable. On this subject you are reported to have said, further : . : V It is asserted, in substance, that Mr. v air landighanv was,4by a military commander, seized aud tried ' for no other reason, than words addressed to a public meeting! n' criti- cum ot the course oi tn Aammistrauon. and in condemnation of the military orders, of the general. ... Nowr if there be no mistake about this, if there was no other rea-on for the. ar rest, then I concede thatthe arrest was wrong. But the arrest, understand, .was made for a very different, reason.. Mr. Vallandigham avows Us 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 desertion irom me army, ana io leave mereoeiiionwun-oat an adequate militaiy force to ., suppress it. He was not arrested because he was damaging the political prospects of the .Admioistration or the personal interest of .the .commanding General, but. because he was damaging the army, upon the existence and vigor ,of wl ich the life of the nation depends. He .was warring upon the military, and this gave the military opostitutional jurisdiction to" lay hands tfpon him. If Mr. .Vallandigham, was." not damaging the military power oi th" country then his arrest'' was mads on mistake of facts, which rl wauld be glad, to correct on reasoua: ble satisfactory 'evUence." . ; Ilk answer to tais,. permit us . to say,- first, that neither the charge nor the specifications in suDDort of.tbecharee on which Mr. Val- fandighaml was tried, impute to him the act of either labonug to prevent tberaisiog of troops, or to encoarag desertioBB from the .ftrmy Secondly po evidencs on the trial was offered with a vie to support any. such charge..-' Io what instance, and by what act LLd h either 'dlscoerage enUstmenta or eoooaradesrtiona n th army ! -j Who is th man .who was dis couraged irooienliatiBg,- ad who .- enooaraged to aeer ejr ? any act .or jir. -y y aiianoignaxm J. ITU be-8Buaad that perchance som -person ; ctpTght bav beta dicciragd troto jsaXkrting, or Jhst aoma person might bare htm -encons- aeed to desert, oocxLnt-f. heariBg,fr Mr ValUuidighan'e riewi as to the poliejf!ot.th: htx suvsk meana of reatctrte thetTaiooyjwonhl that! bars) laid thii Jbnaoabo fori hi jeoavisy-. tipa jaad torriahmsnl t -vlf gas upon tli-ias grootaslxTeiy: political cppOTCntof fJL i i . .axV can Sfsaf might hav baea sonvwt a ban-; UhedJrxomthwematr7.-,rWbsi geaUmeaf blglf standinaadtxteeairKnfla dioyofzrvZxcellmcTvCT)Oad fcionibtfora the TphVthVlxey ht Uex icajj; wawere tney nwarrin spota thsl.tsuil- ejniuiaryicotuiu tiiled hint to a triall befor- tbeivii tnbonahv atxoniia j to U ax press pro itsions of th lats ' m - . a tr -WW ? . 1 s m - - w J---- a npoar wnica iir. v aiianaignaia was ma en-1 -..... u.jiiuuauu, fect 'of Coireappov4 br yourself, nlj 17th lSS2,nd March 31st, 1803, .hih were manifest) designed -towroede the neceasit-or pretext for arhitary tBilitaTf - arrests, fi :r TheanderMgas ara tinatdea to agveei with you in thoplnion yodhae-aipreasd,lhat the Constitution i differeat ia time ' of insur rection kr invasion: froon what it is is time1 of peace and poblio eeenr'rty. TbelConatitntioo nmndM' for na--limitations -Of excDMnna Ia the guarantee) of personal ; Dberty,-' except as to the writ offtaoM;f.vasvtha-P.ei-dent, at the time of invasion Dot insurrection, tbe! right to.engntiVlrniitstiotia' or exception upon these constitutional gnarautees. when- Lever, in, hi' judgment, the .public safety' re-' quires itr - Trte it is, the article of the Con-sti tution which defln tb1 varioa powers .delegated to Congress, declares that " the privilege of the writ JotMaleo. corpus shall . not be euspendednless.where.-io caies of a-ebeljion or invasion, the public safetymay require it." But this qualification of limitation upon this restrictfdn upoa thV powers of Congress1 has1 no .referents tor"cOnetioa'."with tan other constitutional guarantees of personal liberty. Expunge, from the CorL6tUMtioa tJiis lunitation , npon the-power. o' Congress" to suspend, th writ of hateas c&rpvt. and yet th other guarantees of personal' liberty would - remaia un-chajnged. .;-.-t-il-'.':fA..v.. .w .iiiv.-' " '.. .--. Although a man. might not, have a constitutional right io have an immediate investigation made as to, the legality of his arrest upon habeas cofput, jti his 'right to a speedy and pnblio triah by an impartial jury of the State -and district: wherein the crime shall have been com mi tied,' will not be altered ; neither will his right to the' exemption from t4 cruel and .unusual punishment f - nor his right to be tcur in his pwon,. houses, papers and effects, against unreasonable searches aud seizures ; . nor his. right ot to be deprived of life; liberty or property without due process of law; nor his right not to be held to answer for a oapital or othcrwis infamous of fense, unless fati presentment or, indictment of a grand jry;.be in any wise! changed. And certainly. the restriction--upon the ;power of Congress tor soa'pend the writ Of habeas corpus, in- time of iiaurrectiori or. invasion, could not affect the guarantee thatthe freedom of speech and of the press shall not bo abridged. It is sometimes-urged thatthe proceedings in the civil tribunahr are too tardy aad ineffective for cases arising in times of insurrection and invasion. -' It-is a foil reply to this to say, ttiat the arrenrs by civil process may he equally as expeditions and effective as arrests bv military orders.- True, a summary trfkl and punishment are. not allowed in tho civil courts. But if the offender be under arrest and imprisoned, and not entitled to a discharge on writ of habeas earpux, before trial, athat - more can be required for the purpose of the Government? The idea that all the constitutional guarantees of personal liberty are suspended, throughout the country, at a time of insurrection or invasion in any part of it, place upon a sea of uncertainty, and subject the- life, : liberty and property of every citizen to the mere will of a military commander, or what ks may say that lie conshlers' the "public Safety requires. Does your Excellency wish to. nave it under- stood that- you hold that tbehrights of every man throughout tbi8vvaatttntry. are subject to be annuHeJ whenever -y a that you consider the public safety reouirea it, m time of insnrrection f i4i ' ' - , ' " '' You are further reported a having - said that the constitutional guarantees of persoual liberty nave, - no application to. the present case we have' in hand, because the arrests complained of were not ' roade: for treason that is, not for the treason defined iu the Constitution, and upon the conviction of which the ."punishment s death nor ret were they maue to noia persons to answer ior any capital or otherwise Infambas crime i nor were the proceedings following in.any constitutional or legiU ense criminal prosecutions. 1 lie . arrests were made totally on . dijtcreot . grouudf, and I he, proceed nigs foUowtng socurUeJ with thegrouudol the arrests, etc. , The conclusion to, be drawn from this position of your Excellency Isi' that where a man is liable to a; criminSl prosecution or is charged with a crime known to the laws of the lauil,. he is clothed . witn all the constitu tional guarantees for hid safety and security from wrong ami injustice ; but that, where lie is not liable-to a ""criminal - prosecution," or chargeit with any crime known to the laws, if the President or; 'any militaiy commander shall say that he considers that . the public safety requires"Ttj'.lh is man may "bevpuV;0ut-side of the pale of the'corfstitutioual '- gtfsran- tees, ana arresiea wmiom cnarge oi crime, imprisoned without knowing what for, -aud any length of time, or be tried before a court martial and sentenced to any kind of punishment, un known to the law of th land, which1 the President or the military commander may see proper to im pose.; Did the Constitution intend to throw theshield of its securities around the mail liable to b charged with' treason a defined by it, and yet leave the man, not liable to an v'such aharge, unprotected by the safe-guards of personal liberty aad personal , security? Can a man not in the military or naval set yie, nor within tlie-field ofHhe -operations of the army. -bemrresLed and: rmpihiooed with put any Jaw-of (he Uud to authorize it? 7an a mah thus, io;ci villi (e, bepunished without any law. defining tlie offense and prescribing the piinUhment ? If the President or a court-martial may prescribe on kind of punish men t unauthorised by law, whj not anypther:knd2 Banishment is an pousual . punishment, and unknown to bur laws.',. If the rPresidSut has thV'ight'to prescribe tbeoani8hment of banishment, why sot that of deaths and 'coullsca-tion of property. t-j. If 3b Preaident.ibad. the ritcht to change the punishment prescribed Jby t he couivmaiVal from imprisonment " to ' ten ishment, why not from" rropnsonraeut to'tor-tare opon the rack; or exacotiou wpdn th gibbet t : Uv r , . U . ': i:' : v. '--o .-.If an indefinably kind pdjonetruptire ,trea-? son is to he intreduced. aud engrafted ppon the Constitution, unknown to thje laws f the land', aa4 pabject- tp tf wtJJ of t lj ,Tr8deia!twlien-ey or an insn-rrecoaSrH n rasiOn shall ocdur iW anfp barl of thi vast countrfirhat safety or security trill baiefklorth Uherjties flh pci. PfJ i -yLi-dihtti?. iu&'t htrA , DwBi-tvo uTha. eonsroct4e4,;tressij Jhatgave, te i friends of fredbla so many teafs oftoif- arid trOo bis W England was incoosMeratfe-5 eom-pare! f to thia. -Th pire wbicJ tsif 3y'41 beopmepaiO foftyour uecessors, if sanctioned and acquies-' .is, atT?t?pi c i,y gtp r.wung cperata Sealqusly with yoa in every effort warranted hy,in eonslUutiotiJorestorf theCaiorr ofthe" fliJ50 ;f-nffVip5?l .e.nVAbanenV umn BuauienuM tariawn jciy liperty tree rvJtifeaion pfttbia'(lir4T Uawluraa-RatJ Viun njt j?e, reHwrwrj Mfjoyrnsnt. fj thoei. rights .offthich-thfyeIiev"ar.e't peeo; ynpop't iiaiicjjaj :y -c ?pri ypa. V1T lair'iirDt: r-. - n qm'BLIC 14thlit. : - irafen are rssenuai wtnenr xwence a a pOrj.' ' fS." . f e Zf - &U in' tr. TrrxSr?? Tan thK , .T. W, B A B TL E Y, 8 th Dit.-. , W. J. GORDON, 18th Dist. 4 'JOHN O'NEILL,' 13tli Dut. 1 : ' C. A. WHITE, 9th-'Diet. " ' - ?W. E. FINCKi l2th Dist. I 1 ALEXANDER LONG, 2d Dist. - J. W. WHITE. IGth Dist. , -T JAS: R. MORRIS, 15th Dut. ;: " ; - GEO. L. CONVERSE, 7th Di-H. WARREN P. NOBLE, 9th Disti GEO. U. PENDLETON. 1st Dist. ' W. A. HUTCH1NS. 11th Dist. . ABNEB LI BACKUS', 10th' Dist.". J. F. McKINNEY, 4th Di3t. . . .. F. C. Ls B LON D. 6th Disc . ; ' . . LOUIS SCHAEFER, 17th Dut.; ' ;V ? The Seplj of ihe President. . WSBisaTON,.D. a, June 29, lC3. GENTLEaEN The Resolutions o' the Ohio Democratic State Con ventiou, -which you present roe, together with yOur'introdartory and closing remarks, ;being in; .potiitlou and argn-ment mainly 'the same aa the.; resolutions of, the Democratic meeting" at Albany; New York, I refer you to my resjionse'to the latter as meeting ino-it of the points in the former." This response yoa. evideutiy ued preparing your remarks, I ouly discovered one inaccuracy ; in matter which "f suppose.' yon took from- that paper.' f-'It is'where you'say, ''the undersigned are unable. to agree with-you,- in the opinion you have expressed -that the Conoiitution is different in lime of .insurrection or invasion from what'it is iii .tiwe of peace and public security." ' a, - " "" - ' . ' . A recurrence to- the paper will show . you that I -have not expressed the opinion that you suppose. I expressed, the- opiuioa, that the CoiiStitution is different ti its application iu cases bf rebellion' or in VasiOnV iu vol vihg the pub- lie safety from what it i in timei of profoumi peace aud public security ; and this opinion I adhere to, simply because by the Constitution itself things may be done id the oue case which may not be done in the other. : . . I dislike to waste a word on a -merely per. sonal point, but I muHt respectfully assure you that you will fiud yourselves at-fault, should you ever seek for evidence-to prove your "assumption that ! "opposed . iu discussions - before the people the polioy 'of the Mexican War.":-- -: ".: :;: ; : ' v: You say "expunge from the Constitution t his limitation upon the power of Congress 1o suspend the writ of habeas corptis,' and yet the Other guarantees of personal liberty would remain unchanged.""; Doubtless is this clause of the Constitution improperly calletPas I thittk a limitation upon : the -power were expunged, the other guarantees' would "remain the same: but the question is, not how those guarantees would stand with that clause out ot tue Constitution, but how thev tand with that clause remaining in it, io cases of .rebel- lioq or inva-iiou, iuyoJving the public safety. If the liberty could be iudulged of . expujging that clause, letter and spirit, J, really think the constitutional argument would be with you. - -. " : -My general view on this question was stated in the Albany response, and hence I do not state it now. I only add that,' as seems to me the' benefitof the writ of habeas corpus,; fa the great means through wbicbUhe guarantees of personal liberty are cowserved and nade avail aide in the resort; and corroborative of this view is the fact, that Mr, Vallandigham in the very casa in question uuiler the advice ot able lawyers, say not where else .to go but to the Jtubtias corpus. ' But by1 the Con'etitntibn the benefit. of the writ of Jutbeus orrpus -itself may oesuspenqeUj wuen w cases oi reueliton ana iuvaoiou the public safety thay require it. , . You ask iu the substance whether "I really claim that I may oVef-ride all the guaranteed rights of ihlividuals, on the plea of conserving .the public safety when I may choose to say the public safety, requires iL,. This ques-tk; divested of the praseology calculated, to represent me as struggling for ah arbitrary prerogative, is euuersimpiy a question to no shall decide, or ah Hffirmaiion that nobody shall decide,what the public safety. does require in case of rebellion orinvasioji., TheOouotitution contemplates the" question as likely to occur from decision, but it : does not expressly declare who is to decide it .. , . " By necessary implication, when rebellion or invasion comes the decision is to .be made, from time to time; and I think, the man whom ffT the time, the people have, under the Con." stittrtion, made their Commander-in-chief , of their Army and ?avy, is the man who holds the power and be.ars the responsibility of making it. ; If he uses the power justly, the. .same people will probably justify him; if he - abuses it, he is in their hands, to be dealt with by all the modes they harie reserved to themselves iu the Con6f ilutjony-" . 'J; . : '. :' .', . -The earnestness with which you insist that persons can. only in times xf rebellion- be lawfully dealt with, la accordance with the. rules for ciminal trials and punishments in times of peaoe induces me to add. a.vord .to what I said on that poihfj jnr. .th;Albartj : fespoos.. You claim tliat mv may, if they. choose,- em-barass those whose duty it is to combat against rebellion, and then bt dealt with ouly in turn aa if tber "Was no rebellion.The-Constitution itself rejects this viewi The military arrests and detentions which have been made, including? those"Of Mr. Vallandizham. which are nol differentia principle from, the other. nave;oeen -ior pkbtsntvox ana not ior fuhish-;HtXT"r a injunctions to stay-, injory-fu proceedings to keep- the peace and . hence -like the proceetl ings i n such cases and for like .rea-SQns.'they Tfia.ve' not'been ' accompanied with indlctmeots, or trial by juries nor in a Single case,: by any; punishment rwhatever, beyond what ta purely ..incidental to. the preventioa. Th original sentence of imprisonment in Mr, ValMhdigham'si case was to' prevent injary to the in flifarjr service only, and the niodifiear tion 6f it was made as a less disagreeable mode to hip of securing.the same prevention. - rm. ' ir I;am unable to perceive auisult to Ohio in he.Pfslv;UandighaBv .tmi &tkT. nothing of this sort was oria intended, I was wholly una ware .that Mr. Vallaniligham was, at the time of nlsaitajca'adidate'o the rocrataff nbmiiatiOn for Governor, jufil; so inforpjed by'rour reading;, to-5 m,istle! resoluk. tjons of the Cnventioh ; f am -gtatefol tdth 8tat of ObfO for many "things f especjutUjr for lb a TtraV soldiers Ond ofUceri she has Xtveii' tfihe ibres'tfnt National trial to ttie 'arm.ies -of ' tX.-tf'tt-JfSX ' J ,;j.W t '.ITS; rdaimki T understand,0 that1 according ftX'tnlr own position in th Albany resDonse,- Mr, yJIkdlghaChooldli rehuKscdh, 5anU4 kml fltit1Tbelad,Tj shourd'haveJuWea oWr to' tike triil authorities - cn'd?4br'tcef act InfVafassirrlcttatalyji that ilr.' Vallandfcham has erecificaUyi id Ffir direct lanrire. advised T-r)nj5te.T sr. t f t j , jp.Bfcf9'' ana IU, javpr. WqwriWB; raiuvu ofdeaerte'rsLbeatetal'M 'Z.; at - . mati reora jengy'f h e lik? haf appe? red; inesisfc aRceitotseawUnirutpire end ; that aaite iv number rbf iissassniiition havaoccured from th same auimus Theae had to b met by military force, and this again I has led to bloodshed aad deat. And now, under a seneetof rpyneibilitr oaoro weighty and enduring than any which, is merely official I solemnly declare, jny belif that- thi hindrance of the milrtary.-inoJuding maimipg mn'i murdering, is da to the course iu which Mr. Vallandigham'. has . been engaged, 1n' a greater degre than to any other man. These tilings have'been notorious, known to all and of course knowc to Mr. Vullandigbam. Perhaps I would not b wrong to say thy originated withrbWeepe'aJ frieitd and: adherents. With perfect knoSvled2eof'thin hVi has fre-Qu'etitly, if not constantly, made speeches iu Congress and before popular assemblies and if it can be shown that with these things staring bim in the face, he has ever uttered a word of rebuke or counsel against them, it will be ft fact greatly fn his; favor with Hie, ami one of which, as yet, I am totally ignorant. .When it is know a that1 the: whole burden bf liis speeches has been to stir up men . against th prosecution. or Ue war, and that m th midst of resistance'to h, he his hot been ' kiiown'. in any instance to counsel airainst such resistance it is' ft ex t to impbsslhle to repel the inference that he has counseled directly -la IxYor of it. With all this before thir eya.'.heConven-tiou- you represent have nominated Mr. Vallandigham for Govarn'or of. Ohio;' and, both they and you 'have declared " the purpose to si'tstaiu thb iVaffonal Union by all constitutional means. ' But of eours Ibey and you in coifi- inon,reserve toyoarslv to decide what are conetituuoual nienna, and unjike. the,, Albany meeting, you omit, to state or intimate thatyou are conscious of an existing rebellion, beinz in DrogreM with the avowed obiect of destrov-i ing that verv Uuiou: At the same time vour 1 nominee for Governor, ju whose behalf vou appeal, is known to yiiu and to : tlie world to declare agaiust the use" of any army to suppress the rebellion. . Your own attitude, therefore, en edu rages desertion, resistance to the draft, and the like, because it teacher those; who incline to desert and to escape the draft to believe it is your purpose to protect .them, and to hope that you will become strong euough to do. so. '?-",- .(..v,-- . ...- - - . - . After a personal intercourse with you, gentlemen of the Committee 1 cannot' say I. think you desire this effect to follow your attitude, but I assure you that botli friends and enemies of the Union look upon it in this'light. ' It is a substantial hope, and by consequericc, a real strengtli to thcauehiy. U U a false hope, a nd one which you wouhl willingly dispel. 1 Will make the way exceedingly eay. I scud you duplicates of this letter, ih order that you. or a'majority of you may if you choose, endorse your names upon one of them and return it thus indorsed to. me with the understanding .that those signatures are thereby committed to tne loiiowiug propositions, aud nothing else:; "- - ' ' . ' : ' - 1. That there is now a rebellion in the United States, the object and tendency - of which is to destroy the National Union; and that, in your opinion an Army and Navy are constitutional means for suppressing that rebellion. 2. That no oue of you will do anything which in his own judgment, will tend to hinder the increase or favor t?ie decrease, or lessen the efficiency of,the Army or .Navy, while engaged in the effort to suppress that rebellion; awl, ; . . Vi)!7V ,i i' : j: 3. That each of you will, inhia spher;.do all he can tof Uave..the offiiera, , soldiers .and seamen of the'Artiiy asd Navy," while engagel iu the effort to suppress the rebel lion, 'paid, fed, clad, and otherwise well provided and support- - And with the further -understanding that upon recieving the letter and .usmcs thus indorsed f will cause them ' to be publfshed, which publication shall be within itself, a re-vocatiou of the order in relation to Mr. Val-landietam. - - . - , . . i -It will not escape observation that I con- Lsent to the release of Mr. Vallandigham upon terms not embracing any pledge from btm or from others, a to what be will or will not. do. I do this because he is not present to speak for himself, or to an thorite others toepea kfor bim ; and Jience I shall expect, . that on returning, he would nt put "h imself practically in antagonism with thepositioaof his friends. But J do it chiefly because I thereby prevail on other influentai! gentleman of . Ohio to so define their position as to be of immense value to the army tlius more than compensating for the consequences of any uptake in al lo w-iug Mr. VaUandigham to return, so r that . on the whole the public safety will not have suffered by it. Still, in regard to Mr.--Vallandigham "and all others,! mast: hereafter as heretofore, do so ranch as the public .service 4nay seem Co require. . I.liave tne honor to be, respectfully yours, etc.fc ,-. r r - . i . .;;,". :' ; . ; . .; ,; - ; a: Lincoln, "... The Itejoinder of the Committee.-"New: York City, July i, 18G3. ?-To His ExccUenejf, the President of the United ' Sia Yoar answer to the' application. Of the undersigned for a revoration . of the orderof bauisliment of Clement L. , Vallandigham re- 3uiret1-irep1y which they proceed with as little elfllyt abracticable to make. ; "' '"" '" . Theare not able to appreciate "the force of tne dieUnctiou you make between the VonstUtt- and the application of .the. Constitution, whereby you assume that", powers are delegated to the President at the time of invasion or .UkSurrection, in derogation , of tlie plain lair- guag of the ConsiitunooTh- inherent pro-visioes of the Constiiutibn remaining the same in lime of insurrection orin vasion as in time of peace, the President can have no more right to disregard their positive and ' imperative requirements at th' former time than at the latter: Beeoo some thingmay'bedone, by the terms of th Const itutioo at the time of, invasion or insurrection, watch would not be required by the occasion, in time Of peace, you assume that any thing .wAaleeet-P'ftn though not expressed by theConstitution, may be doue Ott,the occasion, of insurrection ,t)r invasion, w hicb-the Presideutt may choose .to say is re-quireif by th e ' public sa fety. I ii plainer terms, because' be writ' of habeas ' 'corpus may be sus pended at th lint' oflnvasiba or insurrection-, y ouihferi tht all ther; provision of tb Con- illusion navuig in . view ine proteciipn oi .tne l.fe, Bberty and property of . the citizen, may! be in like manner suspended, lh protwion relating to the writ of kalescorpns, being cori- tained in the first part of thwtJonstitntion,-the narbo of-whUb, : todfia th'et9!wers d gaicl to Cottgreesi .haa,nfj .eonectio bi la- jDurrjdxrvidea foJt t)eswoaaaad '-'j.t 1 , VLUfr WTuigsi uuaea ia aa noi &rovio for-sb such lliirt?. ib 'la.t MbJiiiAfv' ' Mist tuesuspensiou or Oieiatter-t "Onahihbr-lxd.UTvisl6a tu th writ of tab corpus, Wajerelydateleuldt to foriushi i,'Jrtemry reHy.juKl novhe, mean ber4y rsond. a. arregtLsecarity is "rTM. in lbtt.f "A1 rvr; w-hi l.e- . ... - . f r uie otuer rwrision arasrjirartTeea-oj icmm I alrihts, etieniiipnld w hicfipu ta. an eud I di to ajirretense otirrgv-aaifo.-friaxrue llr" Vallodirxam annlied for writ of hub corpus a a summary remedy against oppres sion, liut to oeiual. Of tot j MI aot tali Laway his ribt to a speedy pablio trial by aa imnardal iarr.- or - deoriv him of hi other ;. right as aa American a'tiB.-i Yourassanap-n - tion of the right to sospend all tb eoestite -- tional guarantee ot personal noercy, aaavar-of the freedomr-of speech and o th prs,t 2fs cause the summary remedy of kalsat eorput - may boBuspended,i at one startling, and " '-alarming to all persons desirous of preserving as J free government in this eoastry. ' The ;iquiry of th vndersurnei whth' T hold Llkfit , rivhta: of nirr niji . ; " 4 th roaghout th is -vast country, iu time of io-- vasion 1 or insurrection, are sorneet to b , nulltd whenever yoa mmy ay that yeeonidf er the public safetjrTeauire itV wm plant " - question, undisguised bv; circamlocutioo, ana s'il intended simply to elicit information. r - Your; " affirmative answer to this question - throws "a-.t-' shade tipoo the - fondest anticipations of tb framer -of -th Constitution, who" flattered- themselvea that they bad provided safeguards against the dangers . which have over becl-and overthrown free government in th olhr - " ages and countries. Your answer, i aot to . - -' be disguised by th phraseology - that tb. " ' questioa : is simply a question who shall d- cide, or an affirmation that nobody haH leide-what the public-safety: doe require- ia caef,,a' of rebellion or invasion." Oar Goverame&t' .- was designed to be a Government of iaui, eK" -- -' lied and defined, and not:of tb arbilrarr will y ot a single man. As a safeguard, tne power 1 were delegated to th legislative, execative.' ; ' and judicial branches of the Governmeott and- . 7 each . made co-ordinate with the others and 1 supreme within its sphere ; and thus a mttiar A check nton each- other; ; iu -case-of abue f power.- - It has been the boast of the American people that thev had a written Constitution, not ouly ex pressly defining, but also luntiiai, th powers of the" Government, and proyiding ; fectual safeguards for personal liberty, security and property. And. to inak. the matter more positive and explicit, it was provided by the amendatory articles, nine, and ten, that "the enumeration in the Constitution of ctrltwt' rights, shall not be construed to deny or disparage others retained bv the Deool. aod that " the power not delegated to the - Uiiked -- J States by the Constitution, nor . prohibitd byrv.1: it to the States, are reserved to the Statesr--i-spectively or to the people." -With, thi ear . and precaution on the -part of our forefathers-: i-who framed our institutions, it wa notto.bi . expected; that, at so early a day aatthis, v claim of the President to arbitrary power, lim-. ". .. ited only by hW .conception ;oitherequirW; tc ments of the public safety, would hav hen, ? . asserted; In derogation of the oonetitiittoaat . - --provision making the President strictly: ant -i executive officer, and vesting all th delegated; legislative- power in' Congress,-your positioav- h as we understand it, would make your will to. ', : rule of action and your declarations of tbr- : quirementa of th public afety the law of th-land. .. " ' - - - ;-.'-- Our inquiry was not, therefor, ' simply a , question who shall decide, or th affirmauoa' ; that nobody shall decide, what the publie aafo--.-ty requires." . Our Government is a . Gom ment of lav,: and- it is the- Lnornaling pemtw which ascertains what the public safety ,re-: quires, and prescribes the rule of action; and? : the duty of the President is simply to exacuta-the laws thus enacted, and not to make or an- nl tavos. : If "any -exigency Shall ' arise, th . " President has the-poer.to oonvene.Congr'-atStny-time to.provid for it; ao that the ple of necessity ..furnishes no , reaeowable . pretext . r-for assumption of legislative power.r ; For a moment contemplate th -consequn- -" ces of such a claim to power . Not only would- the dominion of Che President be absolute-over--the rights of individuals, but' equally o ovi : th other depart meats of th Governmenti -If . he should claim that ,the publio -saJety'r- . : ?uired it, he could arrest and imprison a jodg.-- . or the 'conscientious disa.harge of hi duties paralyze the judicial power, or supersede it. by.-the substitution of courts-martial, subject to his own mil, throughout the w hoi coo at nr.-If any of the States even tar removed from : the rebellion, should not sustain hia .plan for-prosecuting the warhs eouldr on th d oC ; public safety, annul aod. set at defiasc th State law and authorities, arrest aud iuiprU-on the Governor of the Stat or the- hie tuber ,-of the Legislature,, while in ths faithful die. , charge of their duties, or he could ahmlutely-control the action, either of Congress or of th" . Supreme Court, by arresting and imprisoning- : its members, aud; upon the same ground h , . could suspend th elective franchise, poatDona . the election and declare the perpetuity of hi high prerogative! And neither the power of . impeachment, nor'the elections of.the people " could be made available agaiust such ooucen--tr.tipn of power, v . Surely it is not necessary to subvert . fre ; . government in this, country,, in. order, to put down the rebellion; and it can noi be done ajy ; der the pretense of putting down : tha rebellion-, ..... Indeed,, it is plain that your . Administration. ".- has been weakened, and,.greatly weakened ,' by the a&sumptioo of power not delegated- la. s . the Constitution. . -. : ,- '-. i . JCn your answer yoa say to na ' You. eisim that men may, if they choose, ennbarra those whose .daty. it is to combat a giaat rebellion-. ' . and then be deal t with in pterins 'as if th er) 1 " - was no rebellion.", .Yoa. will find: Voursclt hit .', fault if you search oor commoaication. to yott , J for snch n Jdea. The undersigned. buevr'it that th iCbnstitqtion and "laws' of .the land v..-propeTlyadministered.:Turnish ample power to- "f .,"4-put down aa insurrection,, without the assump; . . tion of power not grantedV . And if sxistln' legislatibp be inadeqtuU, it is th duty ol Con ' gress to consider . what ...further !egilatioa. ja-. , neces6aryanj to make suiubl rovhJou by v . Jaw - -.-- -- i' '4 u . j : if-v,.i-u- - You claim that Hie miUUryarrssU'juadVg " ", by yonr Administration,; are merely prtveniww remedies "a injunction ,lo stay .'injury or pro.. . .. ceeding to keep the peace, and not for punuhV; ., ment .The ordinary preventire.reinedie. alkK . de1 to ar aiuhorlzeJ by established '..lawbuti ,. Z the rveotive"procdings you..::intitte'Tnavvjr -' jheir authority merely (o j, the will of the Ex-,' , 1 ecatiy or that of oCBcera subordinate tohuxJ'-.; authority;. -. .-( And in jthieproeedingadiscrrtioivi.--seems "to be , exercised, as : to whether, tha priav-oner shall be allowed a trial,, or - ereabe . prr" - ' in Hied to kn o w 1 tb n atu re . of the com pliio.C t , v" r alledged i?gaXoK-hinW or the nam 'r.hie.ae-' , -' cusen VlfUe.procding.'b merely pravenU., Ive, Tfliyj not alio w thtxprisoner he benefit oT,"--1 1 a-bcind, io keep the : peace But "if no offen, . . has bn'cohimitteil, why. waa lCr ValhtodJg- . bam f ried'coB victed and Se.ntencpd by a cortt. marttal h j',tb 'e! actual poaUThinebt . 1 1pj pt won men t or ban nvh men wit boa n Ie p .n V usual in, prrieativ reqaeesanJMjT.tt ft-s'-rV ffvk'tua"isTinietTC"r''lIr .. "' ,--iwr:"tT-Hr ia uXai Mill place Mr.TVaJrUadigtam Soaric-; . he hid- damsred thv military.' ryyiee: by V.' cbufaziuir euTisttsJa-oara?e'- HJoris, etc, and "yet yoa' baVvncUye r truid inrrvert"oar DOiUo thatl stacharged with; Vtedrei.vip !,-.'. j z;i- if sa aMwrarposi-t; ,.A i iehdm wa eathlfd' tr.-. -r civil .t--1 bunala, by virtue of t-h. J-'.3 aclT c ; Cbv v - - , ValLfftjUgham has special!? and l j dti. It mzt advised efrunst enlistments rs tT in fzvor ct' deS- hssrti&u rftt&ineta&tf:. tic, as i jet. r---a ... '