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NO NORTH, IIOOUTII. UNDER THE CONSTITITTIOIT, BUT A, SACKED MAINTENANCE OF THAT INSTRUMENT AND THE UNION.
I V ... 5 1 '
: M'AKTHUll," VINTON COUNTY, OHIO, AUGUST G, 186.
i 111 I I
.. ' .v1 i - '.
'ivVcUBBWl'sVlM THUBBDAT Ba
n..,tAn'e UnlluiDir", Et of Com
Uoofe, U Staira.
The Da nocnat will be aantone year for On
JMler, Bl Monthi, for Fifty Canta; Throe
.AWwilXntiuurf .t the
4xpirati0B ofth time paid for.
' TES FOR ADVERTISING.
Each additional inMrlion, ,n
Card ona jaat,' i ... , , :,: ',1)U "
. Notlca of appUitmWorAdminwlra
re, Uuardiauandlixeoulors, ' 1,60
AttachmentpoUoea before J. P. 1,60
Editorial notice, per line, . od
ra fan llnea minion cliiraed aa OI16 aauure.
and all Advertilemonta aud Legal Notioa mubl
oa-paid in advance,
tjTA libaral dadaotlonwlllbemadctuyaar-
Ij advertiser. .
. pflrrhaabovetermamuat baoomplledwith
. UTAH payment, muet b mad 10 the Pro-
ieto , aa we hav uo agonts.
The Democrat Job Oilico.
W are prepared to execute with neatness,
iiapatuh and ut prlaea (but defy competition,
all kind, of Job Work, such u
: HAND BILLS,
BLANKS of all KINDS,
' SHIPPING BILLS,
LABELS, &c, &c.
' diva at a trial and be convinced tliotweonn
and will do printing o'leuper forC'An,tlitiii any
)UtrqtiUblishiueulln thUaection ol'oouulry.
13. A lira lion,
ATTOUNEV AT LAW, McArthur, 0 , will
practice in Vinton and adjoining countiea
BkiiSliaiu, & llcu ilt.
ATTORNEYS T LW, McArtlmr, Vinton
Co. .Ohio, will Dractice in Vinton andad-
jolulnf Counties. Prompt attontion will be
a-fran to all business antrasted to thoircare.
'' Ortioe first door east Dodgea Store
; CLINTON HOUSE
SCOTT & POLLARD,
voRMKBLy or m'lvbx norei, wkiilino, va
Jan.29,'3-lyr . Chillicotlic, Ohio.
TAMES : WATSON, Proprietor. .Third
V Street, near Muiu, Cincinnati, Ohio,
una uoiiar por any.
, ., ..v, . uggn House; ;
TV MONTGOMERY & 80N Progrt
JLVaetora front 6t., Portsmouth.
MARIETTA AND CINCINNATI
Ttaim run as follows : . :
' '(GOING EAST.
liave. ' tioh: day mail.
Cincinnati,1 3 SO p.m. 9 00 a.m.
Blanchester, 5 33 p. M. 10 Si a. m.
Qreenfiielil, .: 7 35 P. M. 1228 a. m.
Chillicothe, 8 45 p. m. 1 33 f, m.
Hamden, abbive. 3 14 p.m.
Zsleski, . 3 48 P. M.
A;hen, t V 4 48 p.m.
llarietU," 7 09 p. M.
Parked) itrf, .: 7 30 p.m.
ABBIYK. , ,' ABBIVS.
.", . GOING. WEST. -
. : .LPAVB. ! TION. DAT MAIL.
111 ! 1 1 ' 1 '
Parkersburg, 7 05 A. M
Marietta, 7 20 a. m.
; Athens, , " 9 40 a. m.
, Zaleski, '. . 10 41 a.m.
, Homdn, have.- 1118 a.m.
'"Chllticdthe; 5 00 a.m. 100 A.m.
Greenfield,. - 6 12 a.m. 3 03 p.m.
Blanoheater, 8 13 A. m. 3 37 p. m.
Cincinnati, 10 15 a. m. 6 35 p. m.
' - ABBIVE. ABBIVE. ABBIVE.
JOHN DURAND, Sup't.
1 nUz 4th 1862
CHANGE OF TIME.
SCIOTO AND HOCKING VALLEY
SCIOTO AND HOCKING VALLEY RAILROAD.
V ' .syMMER Arrangement.
will mne aa follows : -.
QowaNoatH MailTrain leaves Portgrnon
- At Tao a. v.; arrlvea at Hamden at 10:15 t. u
: Jjainolo8aooaneotion with through trains, to
MartatUBd ClaoinnatiBailroadforalll poinU
.XaalMd,Waatv .ocommodatlon: Train leave
V. ?.."it)1 V-? :8 11 i v Hamdea a 1
' ?J?5I? ..1IT?"!J,50om?,odtln Train leav
i, 7 11 1? . 1 'ortamonth
.10:10 Malt Train leave Hamdaa at t:
i tM;tvrrlvtPrUniouthat:00, u "
a Utatntatl and Colnrabna,oaD b prperued atb
TlolialOflleeaat'adpoed rate,. -T.-a
-C-ii - J. W..W2BB ,Ep.alVar
UT THE AFFLICTED READ 1
Aad kara that a parftctand radial enr la warrantwl
and irnanuifcMd to all who are afflicted with weakntM,
dtblllty, aerraus eoniplalnti, melaurholy thotiKhU, da
praMlon of iplrlu, diilreu and anguUb of miim, lo or
alee, ton of memory , low of energy and aiuecular power;
puujr growth. watlng away, and a want of oonftdentt la
thrmMlTM, fainting flu, oonToUIre tremUioga, lmno.
leace and dliguat of lue. f
HEAR WHAT THE MEDICAL PKES.
' Bora, pbrtlclnni rennlre to be told the natnre of yonv
dlMM-the ENOLl.SH BOTANIO PUYSICIAM doea
not. HI perfect knowlodgeof the human lyeteiaeuaWee
blra to dtwrlue thedlsriwa without any infnrnutlun from
the patient, to explain Itl original caiae, aad to(toarantea
Ita cure. And, what ! more lnl.l aiill. be will hon
eetiy and fnuKly tetl wbelner ;uu can bo cured or not.
This will aatUfy your mind, and aave yon expense, lime,
Imutile, and disappointment. It will he the meaue of
aaflnc yon mauy a dollar ; It wfll ear your health,
aud, what It better than all, It will eavo your life front
being thorteaed by wrong treatment.
Illi examination, are made without any information
from the patient I therefore he thoroughly lindunuod
their Physical condition and Phrenological derelopment,
without which he nerer could bar perforated to many
aitoaiihing cure. It ahnold be remembered that thia
Botanic Phyilclan perform cure thought rmpoeelble.
If yen hare tried 01 here and got no relief, if yon with to
onjoygeod health and long lire, If yon are wiee, yon will
go anjcnniult DB. itAI'llAKL, the Botanic Physician
All hi conunnnicationa and Intorriew aro strictly
private and ooaAdentlal. JfoiieoJ JourntU, . .
Width J. First col. ! 1
TACTS ARE STUBBORN THINGS!
Hear what the Philadelphia correspondent say In th,
Commonwealth, Wilmington, IMawara, tttn of April,
14 An English gentleman, formerly connected with th
British Army, aud who stylus himself the 'English Bo
tanic Physician,1 has uf lato gained an extensive reputa.
tlon hereby hi skill in curing all manner of complaint.
Some of his patients I have conversed with, and they
pronounce hi remedies and mode of treatment a very
superior. Some have been restored as If by magic. Tha
medicine he used 1 distilled by himself from Tarloue
kerbs possessing rare curative properties.
- "While actinx In the army he devoted hi lehraro
moments to a thorough study of theeffocU produced by
certain medicinal roou and herbs m all mauuer of die.
eases. It teem he baa found a surw and speedy remedy
for all the 'ill that tleah is heir to.' Uis practice ie
already axtsnsita, and is daily Increasing. In the com
plaints to which females are subjected he has no equal,
- as a large number here hav testified that they owe not
only tlielr present good health, but their lives, to the
kill of this English Uotanic Physician." HUf offlco la at
" Noi" 59 EAST TlTTII STREET,
. . CINCINNATI. "
MORE GOOD NEWS! . .
FROM HIGH AND RELIABLE ATJ.
Tba Bntanie Remedies of Doctor Baphaol, th, Enpllih
Botanic Physician, never failed yet to make a perfect,
radical, and permanent cure of ALL 1
PRIVATE, SECRET, AND VENEREAL)
Y : . DISEASES, -:
Without the nae of Mercury, without hindrance from
business, and without fearof discovery orrxposure. No
deadly poison, such as arsenic, nux vomica, opium, or
any other poisons. No mercury nor any deadly minerals
nothing but purely Vegetable Botanical Bvmcdiea aro
rued bytblawonderful Botanic Physician. Ill Botanic
Remedies nerer yet failed to euro the most obstinate
and the most dangerous oases, and to removeall mercury
and otliar. tmrmrltiea from the system wheu all other
Booiedle had failed. juetffwi ft"" '
GOOD NEWS TOR SINGLE MEN
Hear what the Baltimore correspondent of the Odd
fellow, Boonsboro', Maryland, said on Ihuraday, the 31st
of May, 18(10: , , , .
" Numeroua cure of disease caused by early Intilscro
tlon oavlngbcen performed by tho English Botanic Phy
sician, I wet it my uiny, naving a auuwii-uKotu nmu, w
lUte the fact, believing that In doing so I may do a service
One duo In particular that of a young;
manlnthiscltr I worthy of note. He had becoraethe
to the suffering.
.i-Um nf a hithlt. tba mere allusion to which causes
shudder, andafter year of eufferlnganddoctorlng gave up
all hope of recovery. Ho wished to marry, and waa
dearly beloved by aa weet a girl aa over lisped words
of affection, hnt he was fearful, nervous, and prostrated.
He dared not wed on account of tho shattered state
of hi system. He sought relief at the bands of the Bo
taulc Physician, and, astonishing as it may seem, all tho
bloom and tlgor of youth baa returned, and ho I now
tbe happy father of a pair of bright boy.'' - .
GLORIOUS NEWS FOR THE LADIES.
A PREVENTIVE TO HAVE CHIL
DREN. ' ITear what the Cincinnati Weekly Press sajl on the 6th
of March, lWix:
. We are decidedly opposed to drag and to advertised
remedies for the prevention of having children, but ws
feel it our duty to acknowledge a benefit from any and
from every source when it 1 for the relief of aufferiug
hnmanity. A faot ha come to our knowledge that
ought to be promulgated and widely circulated for the
benefit of those ladle whose delicate health make, it
necessary to prevent any increase of family. 1
About twelve months after marriage, a lady of our ac
quaintance gave birth to daughter, but her sufferings,
were so great that ber phystciau despaired of her recov
ery. This made her dread the very tlKiughts of sain lie.
coming a mother. She tried overy thing to prevent '
repetition of hersufferinga, but without succeeding. Two
years alter marriage she waa again con nned, out tier an,
tsrlnga were so great that the child died, and her own life
was dee Dal red or. sue was tout by ner lamny pnysiciaa
that if she had any morechildren he feared her I ife would
be the forfeit. A all the remedies she bad tried before
had failed, the applied to th fiotetii Physician, Sr.
No. 59 EAST FIFTIS STREET,
PREVENTIVE TO HAVE CHILDREN.
His remedies bad the desired effect ; they not only pre
ranted her from having children, but they also improved
ber health. "To th ruaa, alltuixo, abs pub." ,
The Botanlo Physician' remedie can be recom
mended, because they are Innocent and aai. They
operate without causing sickness or exposure. Tney do
not interfere with the diet or occupation. They do
not Injure tbe health, but they are certain In their
affect. J. raauBi, n. u.
. M. MEIOQS.M.D.
Any whoareinfferlng, nomatterwhat thelrcomplalnt,
can call on the Botanlo Physician confidentially. They
may rely upon relief. His office is at .
NO. 59 EAST FIFTH STREET,
Between Sycamore Street and Broadway,
. CINCINNATI. :
Consultation daily, Sunday exespted. Office honra
rotn IO A. m. to S 'deck P- m.
. T Parson at a distance may communicate coirrt.
' nnriALiT by letter, If they Inclose ONE DOLLAR, for
Consultation Fee, In each letter. AU letters, communi
cations, and Interviews, are strictly private and oonfl.
dential. No answer will be given to letter, miles one
dollar Is Inclosed a a Consultation fee. ..
, Address an letters aa follows, ' '
DR. RAPHAEL, . .
BOX No. 2463, POST OFFICE, .
CAUTION TO TBI PTJBLIO.
Dr. W. Banhaet ha no connection with PBOFESSO
or Dr. W. M. Raphael, or with any other gen lis man
of the same name.- , .
MS Cut thia advertisement ont. When yon come,
Bring It with yon and show it to the girl who open, tha
Soar. To prevent mistake, ask to
- SEE THE DOCTOR HIMSELF. ; ;
. - "width airt wi. "
A. CONDEE Jr. M. D.
PHY SI ClAN AND SURQEON
, HAMDEN OHIO. I
Offers, hie Proffesional services in the
oracticenf Medtcins and Sureerv . to the cit-
bans of Hamden and - surrounding country.
Ulatcn aotn iaoj, omo.
President Lincoln's Reply to the
Ohio Committee of Nineteen, and the
WASHINGTON, D. C., June 24, 1863.
Grntlembn : The resolutiona 6f
tho Ohio Domocratic atate Conven
tion, Which you" prcaent too, together!
with your introductory bd4 cloaing
remarks, boing iu positloo ad argu
ment mainly tliQ eurae as the resolu
tions of tbo ;Dorfioprattc meeting at
Albany, New York, I refer you. to my
reBpopqiJ to the latter na meeting moat
Ol 1110 pciuia 01 tue iannor, lit res-'
pon80 jou evidently used-in preparing
unn 9 'ffitrlnrVa 'anil f rlpdifa 'nii mrtra
than' that it be nscd: with acciiracy.
In a single- reading of your remarks-, 1
only discovered one inaccuracy in
matter which I suppose you took from
that paper. It is where you say, "the
undersigned are unable- to agrej wilh
you in tbe opinion you have expressed
that the Constitution is different iu
time of insurrection or invasion liom
what it is in time of peace aud public
security;" : '
A recurrence to the paper will show
von tli at 1 havo not expressed the
opinion you suppose. I cxprineed the
opinion that the Constitution isdiff
erent in iti ttpplicalion in cases of
rebellion or invasion, involving the
public safety ,from what it is in times of
prolbuud peace aud publio security
and this opinion 1 adhere to, si in pi v
M1,pf,,,or, Uv ,a ( ifinsrilnritin
OCCail80 Dy 1118 VyOIlSlllUUOn
Ihiuga may bo done in the one caso
whiob may not bo done iu the other.
I dislike to waste a word on a
merely personal point, but I must res
pectfully assuie you that you will find
yourselves at fault should you ever
seek for evidence to prove your as
sumption that 1 "opposed in discuss
ion before tho people tho policy of
tho Mexican war."
You say : "Expunge from the Con
btitution this limitation upon the
power of Congress to suspend .tho
writ of haleas coipus, and yet tho
other guarantees of personal liberty
would remain unchanged." Doubtless
if this clause of the Constitution, im
properly called us I think'a limitation
upon, .the power of C'jrgrees, were
expunged, the other guarantees would
remain the same ; but the question is,
not how those guarantees would stand
with the clatiBO out of tho Constitu
tion, but . how they stand with that
cluuaa remaining in it, in cases ot re
bel ion . or invasion, involving tlio
public safety. If the liberty could be
indulged of expunging that clause,
letter and 6i)int, I really think the
constitutional argument would be with
you. : -
My general view on this question
was stated in the -Albany responst?,
and hence I do not 6tate it now.
only add that, as seems to mo, the
beneht ot the writ ol habeas coiput,
is the great means through which the
guarantees of personal liberty are con
served and mado available in the last
resort ; and corroborative of this view
is the fact that Mr. Valladdigham iu
the very case in question, under the
advioe of able lawyers, saw not where
else to go, but to the habeas corpus
Bat by the Constitution the benefit of
rjhei writ' of" haleas corpus itself may
be suspended when iu cases of rebell
ion and 'invasion the public safety
bay require it. : !;;. : t
;.You ask in substance whether
really .claim that I may over-rido all
the guaranteed rights of individale,
on tho plea of conserving the pnblic
safety whed I may choose td'eay the
public safety requires it.' This ques
tion, divested of the phraseology cal
culated to represent me struggling for
au arbitrary persoual prerogative,
either simply a question who shall
decide, or an affirmation that nobody
shall decide, what tho public safety
does ' require in case of rebellion or
invasion. The Constitution contem
plates the question as' likely to occur
tor decision, but it does not expressly
declare, who is to decide it. ' But nec
essary Implication,' when rebellion or
invasion comes,' the decision is to be
made, from time to time ; and I think
the man whom, for tbe time, the peo
ple have, tinder the Constitutionjmade
the Commander-in-Chief of ' their
Army and Navy, is the man who
holds the power and bears the respon
sibility 6f making it. - If he uee the
power justly, the same people will
probably justify him 5' if he abuses it,
he is in their' hands, to be dealt with
by all the taodes they tave reserved
to themselves" in the Constitution. '
eameBtuesa- with' which you
insist that' person' can only in times
of rebellion be' lawfully dealt with
accordance with tbe rules for criminal
trial aud puuiBhment in times of peace,
: t : : : V : ..." - r ..'
induces me to add a word to what 1
taid on that point in the Albany res
ponso. You claim that men may, it
they choose, embarrass those whose
duty it is to combat a giant rebellion
and thou bo dealt with only in turn
aa if there were no rebellion. The
Constitution itself rejects this view.
The military arrests and detentions
which have been, made, including
those of Mr.' Yttliandigiiam, which
are not different in principle from the
other, have boeu tor pretention, and
DOi rbf pdnishmsnt, as injunctions
to stajjitijary "as proceedings, to keep
C 1. ' 1
!the peace? ana hence.-like proceed
m euch, caaea and; yr hk reus-
oiib. the v have not beeii accomoanied
-.1. -15- . J' . . , 1 .....
wiui inuiuiineuiti, ur iriaia Dy jury,
nor,, in a single case,, by any punish
ment whatever beyond what is purely
incidental to the prevention. The
original seuteuce of imprisonment in
Mr. Vallandighain's case was to pre
vent injury to the military service
only, and the modification of it was
mado as a less disagreeable mode to
him of securing the same prevention.
i am unable to perceive au insult to
Ohio in the case of Mr. Vallaudig
uam. . uito surely nothing ot this
sort was or is intended. I was wholly
unaware that Air. V allandigliain was,
at the time of his arrest, a candidate
for tho Democratic nomination for
Governor, until so informed by your
reading to mu thn resolutions of the
Convention.' I am grateful to the
State of Ohio for many things, espe
cially for the brave soldiers and offi
cers she has given in tho present
national trial to the armies of tho
You claim, aa I understand, that
according to my own position in tho
Albany responso, Mr. Vallnndii;ham
should be released : and this because.
as you claim, he has not damaged the
military service, by discouraging en
litflmeuU, eucouraging desertion, or
otherwise; aud that it he had, he
should, have been turned over to the
civil authorities under the recent acts
of Congress.) :I certainly do uot know
that Mr.- Valiaudigham has epecin
cully, and by direct language, advised
against enlistmon'.s, aud in favor ol
desertion and resistance to drafting.
We all know that combinations, armed
in some instances, to resist the arrest
of deserters, began several months
ago, that more recently the like has
appeared in resistance to the enroll
ment preparatory to a draft ; and that
quite a number of ussussinations have
occurred from the same animus.
These had to be met by military force,
and this again lias led to bloodshed
and death. And now nnder a sense
of responsibility more weighty and
enduring than-any which is merely
official,! folemhly declare my belief
that this hindrance of tho military, in
cluding maiming and murder, is due
to the course in which Mr, Vallandig
liain has been engaged, in a greater
degree than to any other cause ; and
is duo to bim personally in a greater
degree than any other one man.
These things have been notorious,
known to all, and of course known to
Mr.' Vallandigham. Perhaps I would
not bo wrong to say they originated
with his especial friends and adher
ents. With perfect knowledge
them lie has frequently, if not con
stantly made speeches in ' Congress
and beforo popular assemblies ; and
if it can be shown that with these
things staring him in the face, he "ias
ever uttered a word of rebuke or coun
sel against them, it will bo a fact
greatly in his favor with me, and one
of which, as yet, 1 am totally ignor
ant. When it is kuown that the whole
burden of his speeches has been
stir up men against the prosecution
of the war, and that in the midst
resistance to it, he has not been known
in any instance to counsel against
such resistance,it is next to impossible
to repel the inference that he has
ij 4tMAnt g txt :.t.
counseien uucunjr m javor 01 11. t uu
all thia before their eyes, tho Conven
tion you represent have nominated
Mr. Vallandigham for Governor
Ohio j and both they - and you have
declared the purpose to.'sustain the
national Union by all constitutional
means. , But of courso they aad you.
in comnion; reserve to yourselves
decide what are constitutional means,
and, unlike the Albany meeting, you
omit to state or intimate that in your
opinion-an army is a constitutional
means of saying the Uioii against
i bullion, 'or even to intimate that yon
are conscious of an existing rebellion
being in progress with the . avowed
object of destroying that very Union.
At tbe Same time your nominee
I Governor, in whose behalf you appeal,
is known to you and to the world
declare against the use of an army to!
suppress tbe rebellion. Your own at
titude,thcrefore, encourages desertion,
resistance to the draft and the like,
because it teaches those who incline
to desert and escape the draft to be
liuvo it is your , purpose to protect
them, and to hope that you will be
come strong enough to do to. After
a porsonal intercourse with you, gen
tlemon of the committee, I can not say
I think you desire that effect to follow
your attitude, hut I assure you that
both friends and enemies to the Union
look upon it in this light. It is a sub
stantial nope, and by consequence, a
real frenctn to tho enemy.- It u a
false hope, and one which yon would
willingly dispol. I will make the way
exceedingly easy. I send you dupli
cates of this letter, in order that you,
may, if you . choose, indorse your
names npon oneot thorn, and return
it thus indorsed to me, with the un
demanding that those signing are
thereby committed to the following
propositions, and to nothing else.
1. lli at there is now a rebollion in
tho United States, the object and ten
ency of which is to destroy the Na
tional union ; and that, In yoni
opinion, an A rmy and Navy are con
stitutional means of suppressing that
2. That no one of vou will do any
thing which, iu hia own judgment,
will tend to hinder tbo increase or
favor the decrease, or lessen the effi
ciency of the Army and Navy, while
engaged in the effort to suppress that
rebellion : and.
3. That each of you will, in his
sphere, do all ho can to have tbe offi
cers, ioldiera .and sea-men of the
Army and Navy, while engaged in
the effort to suppress tin rebellion,
paid, fed, clad, and otherwise well
provided and supported.
And with the further understanding
that upon receiving the letter aud
names -thus indorsed, I will cause
thorn to bo published, which publica
tion shall be, within itself, a revoca
tion of the 01 dec in relation to Mr.
It will not escape the observation
that I coeoftt to the release of Mr.
Vallandigham upon terms -not em
bracing any pledgo from him or from
others, as to what lid will or will not
do. I do this because he is not pres
ent to speak for himself, or to author
ize others to SDoak for him : anJ
tence, 1 shall expect, that on return
ing, he would not put himself practi
cally in antagonism with the position
of his friends. But I do it chiefly
because I thereby prevail on other
influential gentlemen of Ohio to so
denne their pos'tion as to be of im
mense value to tbe army thus more
than compensating for the cou6e
quences ot any mistake in allowing
Mr. Vallandigham to return, bo that
on the whole the public safety will
not have sunered bv it. Still, in re
gard to Mr. Vallandigham and all
others, I mu6t hereafter, as heretofore,
do so much as tbo publio service may
eein to requre. 1 have tbe honor to
be, respectively yours, etc., .
THE REJOINDER OF THE COMMITTEE.
NEW YORK CITY, July 1, 1863.
To Hit Excellency, tht i'ruidmt of the
Sib Your answer to the applica
tion of the undersigned for a revoca
tion of the order of banishment of
Clement L. Vallandigham requires a
roply, which they proceed , with as
little delay practicable to make.
I her are not able to appreciate the
force of the distinction you make, be
twoen trie Lonsiitution and the appli
cation of the Constitution, whereby
you assume that powers are delegated
to the f resident at the time of invas
ion or insurrection, in derogation oi
the plain languago of the Constitu
tion. The inherent provisions ot the
Constitution remaining the same in
time of insurrection or invasion, as in
time of peace, the 1 resident can have
no more right to disregard their posi
tive and imperative requirments at
the former time than' at the latteri
Because some things may be done, by
the terms of the Constitution at the
time of invasion or insurrectionwhich
would not be required by tho occasion,
in time of peace, you assume that any
thing whatever, even though not ex
pressed by the UonntitstioD; may be
dono on tbe occasion 01 insurrection or
invasion, which tho President may
choose to say is required by the pnblic
safety; In plainer terms, because the
writ of habeas corpus may be suspen
ded at the time of invasion or insur-
to!rection, yon infer, that all other pro
visions of the Constitution having in
view the protection of the lifejibertr
and property of the citiaon, may be iu .
like manner suspendod. The provis
ion rIating to the writ of Aaleas cor
pus, being contained in tho first part
01 tne tjonstitiition, the purpose of
wuicu is to attune tne power delogated
to Congress, has m connection in
language with the declaration of rights
as guarantees of personal liberty coo
tained Id tbo additional and amenda
tory articles, and . inasmuch, aa tba
provision relating to habeoA corvut
expressly provides for .ita sospenaioa
ana tne oilier provisions alluded to do
uo,i provide ior, any, suo thingtha
legal conclusion is, that th'o pnapjjn.
sion of the latter is unauthorized.
Tho provision for the writ of habeas
corpuit merely intended to furnish a
summary remedy, and hot the means
whereby personal security is conser
ved, in the finl resort while tba
other piovisions are, guarantees of
personal rights the suspension - of
which puts au end to all pretense of
free government. It is true Mr. Val
landigham applied for a writ of habeas
corpus as a summary remedy against
oppression. But the denial of this
did not take away his right to a speedy
public trial by an impartial jury, or
deprive him of his other, rights as an
Americun citizen. Your assumption
of the right to suspend all the constitu
tional guarantees or personal liberty,
and evon of the Ireedom of speech and
of the press, because tha summary
remedy of habeas corpus may be sus
pended, is at onco. startlinar and
alarming to all persons desirous of
government in this
The inquiry of the underslrrnad
whether "you hold that the richts of
every man throughout this vastcouu
tr,iu time ot invasion or insurrection,
are subject to bo annulled whenever
you may say that you oonbider thtl
public satety requires it i" wpb a plain
question, undisguised by circumlocu
tion, and intended simply to elieit in.
formation;' Your affirmative answer
to ths question throws a shado nnon
the fondest anticipations of the fram-
era of the Constitution, who flattered
tliemselvos that they had provided
safeguards against tbe dangers which
nave ever Desei ana overthrown frea
govorpment in other ages and couu
trios. Your answer is uot to be dis
guised by; the phraseology that tha
question "is simply a question who
suall shall decide, or an affitmation
that noiiodt shall decido what the
public safety does require in cases of
rebellion or invasion." 1 Onr Govern
ment was designed to be a Govern
ment of la w, settled and defined, and
not of the arbitrary will of a single
mau. Aa a safeguard, the powara
were delegated to the legislativeex
ecutive and judicial branchoa of (be
Government, and each mado co-ordi
nate with the other, and
within its sphere : ; and thus a mutual
check upon each other, in cam of
abuse of power. It has been the boast
ol the American people that they had
a written Constitution, not only. ejt
presBly definipg, but also limiting tha
powers of the Government, and pro
viding effectual safeguardsfor persooal
liberty, security and property. Ami
to make the matter more positivo and
explicit, it was provided bytho amon
Jatory articles, nine and ten, that
"the enumeration, of the Constitution
yf certain rights, shall not be con.
strued to deny or disparage. otbera
retained by the, people; aud that "tha
powers delegated to the United Stales
by the Constitution, nor prohibited by
it to the States, ,aro reserved to tha
States respectiviJy or to-the people."
r uu tuis care and precaution on tho
part of our. fathers, who. framed our
institutions, it was not to be expected,
that at so early a day as this, a claim,
of the President to arbitrary power,
limited ouly by hia conception of the
requirements of public Safety,-would
have been asserted. : In derogation of
the constitutional provisions making
the President .strictly an executive
60icer,, aud vesting all - the delegated
legislative power .iu Congress, your
position, as we understand it, would
make your will the rule of action and
your declaration of the requirement
- a? I II?. a. 1 ..e
01 iqb puoiic saioiy tue.iaw ot tbe land.
Our inquiry was not,- therefore, "sim
ply a question iwho shialt decide, or
the affirmation that bobodt shall de
fide, what .the publie safety requires."
Our Government ia a Government of
law, and it is the law-making power
which ascertains what tl e public safety
requires, and prescribes the rule of
action ; and the duty of the President
: -l '. 'i. ' ' .'- i ' 1'. . ; 1 j I