Mt. Vernon Democratic banner (Mount Vernon, Ohio : 1853), 1863-11-21

              it t - - V- ;.-i'i. rrn: VOLUME J I fejf lf trS.-i-.Ii -VIJ s-Jt -1 i- 'r It l, Is -r W1J '-f K'rv;w;M r-v t E T -T-i mr "v - . - - TERMS. T wo Dollan pr aamtvy pcyaMc U d- ruMt fXM wUlui ix &UM alter tb ran H im year. HON. R.. C. HURD, ret 'I., Oourt Housef llonnt Vernon, Ohio, ;. rliar token "o part in th pending env8. , I do not appear, "tCMlajr, as the aJ-vocaW" of 4Uy candidate. It has been known that, while t concurred in most of the measures of tlia Administration in the prosecution of the peeaent war, I, nevertheleas disapproTed ome.jrfcia partial disapproval; neverobtru-BiTelj-tated, I had suppoead I could be permitted to entertain; without molestation, and, certainlj, without incurring the imputation of 3i9lojaltjr. But it seems I have not escaped RniraadTcrsion, and that I cannot be allowed to differ from the Administration on any quea-iW of executire policy relating to the war, wtthont bein-reproachad,. with disloyalfy to he GoTernmer.t. J hare never so understood the rights and duties of an American citizen. The executive power of onf government is committed to tha bands of a President, chosen by the. people at stated periods, and who, with his duly appointed aasintants, constitute, for the time being, the Adirtinlsf ration. IU appfoprT-Ate duty is atlm'muster the laws, not to make, alter op ; annul them. In the perform -iince of this duty many things are necessarily left to the discretion of the Executive as to the motle of proceedure ; and the mode adopted becomes, in that behalf, the Executive policy, "Congress may embody in legal enactments -new. measures recommended by.the President, which generally constitute the distinctive features of the Administration poliey. Th term GorernmcHt, as commonly tinderstoo!, is more coraprehensire in its igni(icatioi), and denotes all the organized powers, legislative, judicial and executive the whole constitutional fabric oi'cirii garemtnent. On all questions relating Xo"& laws, including. their enactment, alteration or repeal, and on all matters of admin i-trativg policv' eaC?. citizen, under the ConsTtu- t ioir has aa pefWCt.Arrigh t to form and express; Jil owb opiuiou ha he. hi.- dtftoe Ju-wrt liet V wiJ; In adoiir; lovaltv to the Oovernnti.. .niyyuif ,riety than he'coWlJ be accused of - meditating suicide by rcjectiag from his bill of fare those ' 3 Iea not agreeable to hU taste. Thw popular distinction between Jthe Go v- '-crniMent Mtd any particular Admiwintration, . 'and the value and importance of the right to 'canvass the measures and policy of the latter, are clearly and forcibly stated by Mr. Seward, Secretary of State, in an. official dispatch ad- dresaeii to enr Slinkier in London, under date 'of Kovembef 10th; 18C2, in which he says : ' In this contttrv, especially, it is a habit not 'only entirely consistent with the Constitution, but even essential to its stability, to regard thft Administration at any time existing, as distinct and sepcrate from the Government itself, anil 'to canvass the proceedings of the one without -the thought of disloyalty 'to the other." 'In the exercise of this right of free discus sion, which no man Worthy to be free will ever surrender, I appear before you to-day, ander a call addretesed to the people irrespective of par ity, to vindicate my Opinion of certain meas res of the Administration connected with the conduct of the present war. - It iaicbpwn to many of you that t havemore (ban once expressed the opinion, from Un stand, that the present rebellion was Uie result of a long cherished conspiracy on the part of . sa comparatively small number' of ambitions . olitttiaa of the South ; that, though I could not deny that there had been a long, accrimo-nious and exasperating, and in some cases, a . treasonable agitation of the subject of shivery m th North, yet that furnished no justifies tion for aeeession ; and .that the rebellion, so long as i offered armed opposition to the Fed-a! authority, coald'oaly be put down .by force. v"" la determining, however, to wage the war, ma ny things claimed attention. There must be , a wortliy and controlling object-to be attained . . and the, ways and mean of attaining it Tmnst -' le cohfcideed. - - . . The evil threatened waa a forcible disrnp-jtion of the XTnioa of these States, established ( mnd Maurl $f the Tederal ConstitatToa ; . and the guilty actors were only apart -and, in some case, a minor part 'of the people of the sece ding States. An armed force waa arrayed to effect this purpeee. 'The grand object Of .the 'war, then, on the part of , the Uaited: Stales . was to tictcnd th;UonsutuUoa ana preserve ' the Ifnion '.'and the ways and means -Mxe ob viously,' 1st, a nulitary force sufflcient taortr- com9 mil mibiw apposiuoo to me uovernmeax ; .rSd. the eivir force or' justice, protection and T-coiwUjajtwaUlhc insTxrrectiB- i 'ry dietrist, ftiheral to the Federal. Union, " It wssla MbFreaawe;: and demanded for -its 7 4prfVataiemanU yaat faithful to the ConstitaUon jftadjsoarin above, the nar row vietfr 8e0ll-paBcjt6tic ' and. fanati cism. Thie'ddgre tif4 ititeamanship, nndeY "'"the lead tiU6W oinpfeeVof t7ebsler till ' MClay, the laiueWed"y6by wa u mwrfeeteJaJUejon f H;ritteaddleaoiiii;twl ii' rf 'lW T-,-.., ! ,.-,, rn.Uapltei.la tMt ZIoUsr efrr.'nrcseiilzZtdt tCoixffrU the prea- (-... vyiviM.uim civil war ,Deea rarcea-apon .Uxfioouarry by theeankaiatsjof tb Sotit c to am againetrtfeeConetita iioaal Government, ndfa raU-Wttwmithe Capitol i 1 bat m .thia national imenrencY. Congrrs banwhin all feellasi of mere paa- or -raUiet; -will'TecoUect U dutj to th wrho.te coontryi that thia war not waged en -their ttart in anr sphlt ot oppreasioA, or for any purpose of conqnest ' or anbjagatioo, or purpose of overth row jycyor interfering witu the rights or as tabii'&ed fasti t&lion of those States,, but to defend and main tain the q rpm-acy uf 'the Constitution; " and ; to preserve the Unioa, with all the dignity, equality and rights of the several .State unimpaired; and that as soon as these objects are accomplished the war ought to cease.". - -. : I ; - v.. if. ; ' The resolution, on its passage, was divided, and Only two members were found blind enough-to oppose the first part and only two narrow- minded and bigoted enough to oppose the e- cond. - The Executive Department was understood to occupy the same high ami commanding poi sition so patrioticallyassumed by the Uonse of Representatives. The President, in his Inau gural, bad said : "I have no purpose, directly or indirectly, te interfere with toe institution of slavery in the States where it exists.' I be Iieve I hare ne lawful right to do so ;. and 1 have no inclination to do ao." In his message to Congress convened in ex- traordinarv session on the 14th of July, 1861, he said: " Lest there-be some uneasiness in the minds of candid men as to what is to Be the course Of the Government towards the Southern States after the rebellion shall have been suppressed, the Executive deems ti proper 10 say, i ini i u win pe nis purposa tnen, as ever, to be guided by the Constitution ami the laws ; and that he probably will have no diiferent undcrstanding'of the powers and duties of the Federal Government relatively to the rights of the States and the people under the Constitution, than that expressed in the inaugural address. He desires to preserve the Government, that it may be administered, for all, as' it w'a administered by the men who made it. Loyal citizens everywhere have the right to claim this of their Government ; and the Govern- ment has no right to with hold or neglect it. 1 1 is not perceived that, in giving it, tlicrs is any coercion, any conquest, of anJ subjugation, in any just wnse of these terms." Secretary Smith, a hiember of the Cabinet, on the lfth of August. 1861, in a public address at Providence, ILL, speaking of .the Administration said : "The theory of this Government is that the States are " sovereign with' in their proper spheres,-" The fT-vcrnment of the United States h,s no more right to interfere with the institution of slavery in South Carolina than it has to interfere with the pe-ouliar institutions of Rhode Island, whose benefits I have enjoyed to-dav. My friend., I have known the President long and well. It has been my fortune to be sslersteil as one of his constitutional advisers. I have had the honor of being connected with, this administration since the commencement.' and I tell yon to-night that you cannot find in. South Carolina a man more auxiously, religiously and scrupulously to observe all the features of the Constitution relating to slavery, than Abraham Lincoln. Jly friends, we make no war npon Sonthern institutions. We recognize the right ot'Sontb Carolina and Georgia to hold staves. if th3 desire tftem. .iuf, my friends, we H- 'peal to you to npIioM the great banner of our ''iTi-1 " ' 1 1 'ftenfatrpeopleof ooaMstic matters according to their own choice and the exigen cies which the Umis may present. . do not invoke vou to encase in this war as a war ajramst slarerr. e : warring for a different principle." Secretary Cliase, in his address to tlic peo ple under date of September 2d,JtS6l, referring to "the citizens ofthe States in insurrection," inquires; "Will thev not reflect that the war into whieh the government ot uie union nas been constrained, is not a war lor their tnbj-gatltui, but a war for national existence, and that an auspicious result to the l'u:on will benefit as largely the States in insurrection as the States which have remained loval ?" The object and policv of the war on the part of the United States, thus declared by Congress, and in which it was believed the Administration cordially concurred, were satisfactory to a vast majority of the people of the loyal fetstes. This was especially ua- ifastcd in the summer ef 18C2. when a large increase of the militarv force was called for by the Adnfinls- tion. Having participated in the efforts to raise volunteers made in this county in July and August of thai year, and having observed the efforts made in other parts of the State, I know that partizan feeling was almost wholly repressed, and a nearly, patriotic unity of Ac tion seen red. full of encouragement that the people of the North would stand firm and uni ted m prosecuting the war for the single and all absorLing object of preserving the Union. Democrats and republicans went hand m hand before the same audiences, and plead the eause of the country with the most gratifying success. Sometimes, -indeed, owe would encounter a deahtrag Democrat, who was apprehensive that there was a purpose to turn t lie war for the preservation of the. .Union into a mere war for the extermination of slavery ; but with the messages of the President, the declarations of the Secretaries, and above all the Resolution' of Congress, it was an easr task to confound the objector, if he could not be coBTineed.- Thia unity of feeling, aim and action inspired u iri:-. t. "- ' . c .x me ikiicxi uuue ui a speeur suppression -or tne rebellion, and it is my firm conviction that if the same efforts had been made to enforce the wise Dolicv whicli hail been nJont! tfcnt madeto thwart, and change it; and if the Generals in the.field had received that cordial sym- utthr and vwnralinn tit hih tiv troro justly entitled, that the war would long since have been at end and the U nion preserved.' But there waa a class who were elamoroaa for a different policy. They demanded a Pro-clamation of Emancipation. ""The" Chicago Tribune thought it woulcU. ftt least, be equal to the ."voice of Jehovah !w7 "Horace Greely as sumed to speak for twenty, millions I TbeGov ernor. of ; HassaehosetA promiaed to fill the highways with volunteers, and, Wendell Phillips, a" avowed disa oionist for seventeen years and Sow the whlpmaster 'of the radical rins. ordered a charge upon the Administration with" the Republican bayoneL" The holy men of Chicago, with their profound knowledge ef the Constitution and the laws of war.' also waited on the President and laid tjieir east and var ied stores at hie feet. The, Interview attracted the attention of the nation, and the peoblrre- joiced when they heard hinv say to tae Uevvr- end mtexmeUJIersT Hu we will talk over be merits of the-Case rVThtA gooi would a'Pprov clamaffon'lijf entandpatfon.fjrom'iite Ido, eapo-euUy.aJreaxe.&owAUpatftd? do .pot, want to Uaoe a .document ih& the whole world will eee must necessarily be inopenrtive, like the PopeVBull agalMt,rth' Comet. Wottld iay word free the alares.5 when I cannot trtm o- foree the tfcnatittttioo In txe: JteoerStaU f i U ter? court iortaagtatrate,r fndivdn J?11 idfhfTfiJ&eafSad by-it there t ofl what reaeoirU therioa think it wooh 4nd. tjv thialr It fnoU' hav "X fef-neet apoe taeaUvee Uiaa the late JafJhieli I pproTeo4wJii6bj oaaeedjahii gle slave-to ootneover to m. w - - - wo- irfitneoi re-UI teisri wno-coma wrthin our -fcaea f Ye I Cr,t Lars thjUthat'iaw iiaafcaiiaed a sin Let ne aay one thTsg more t I thfe jroSx should admit that we ah-eady :have an'imporV ant principle to rally and jaottl thevptopleia the fact that a constitutiooa) government Is at take. Thia is a fundamental idea, going'down' aboat as deep as any thig.-"l . . : - - .'m -viV ' .The divine departed and the contrr;took fresh courage and pressed" on" "with teneWex! zeal in the great work of defending the Cotistir tution and preserving the Union. Butaehange was at hand. The policy vof the Adminiatra: tion was te be modifieti and the object: ofthe war, before single, explicit and, just, rendered unnecessarily and unfortunately a matter of question1 anil debate. I n less than three weeks after the dismissal of the Chicago Purines, the country was astonished id learn that they and their coadjutors had partially, at least, succeed ed. The preliminary edict . of emancipation - was proclaimed on the 22d of September, T8G2, to be male final on certain' coalirigencies on the 1st of January, 1863. - , 1 bis measure appeared to me at the time illegal and impolitic ' It seemed to me thai it was art unwarrantable assumption of power : that it would dishearten loyal men in the re- bellious otates and add. strength , to tuer rebellion ftfiat it would discotirage ' many 'loyal men in the loyal States, and. thus weaken the ha ids of the Administration in the prosecution of the war ; and, as a consequence of these ef-" fects. Would prolong the war. . As to the first of these objections, it involves a question of power, and though I have real some elaborate arguments in support of it, I remain ofthe opinion that no such power, fas is asserted in the Proclamation, is - vested m the President; and that so far as the status of slaves is concerned, where: they are not practically liberated by the ad vance of our armies, the Proclamatiotf is as impotent as was the rope's Bull against the Comet."-As to. the second objection, there is "abnti- dantTeason to believe that the proclamation. had Its natural effect Ot weaakening . and, in many cases, of extinguishing loval sentiments in Southern States. Loyal citizens in the rebellious States, h.-id a right, as Mr, Lincoln well saiil in hjs first message, to claim protec tion of their constitutional righ ts at. the hamis of the Fetleral Government. They were put-iiiunbered, overawed anl oppressed ; and they appealed to the Federal Government to rescue them from the power of the rebels and, afford them that protection, to which they were entitled under the Constitution. Was this a time for the Administration to pause in the. discharge of the diity.of the government, to drive a bargain with oppressed and loyal cH.ir.ensf How would they be apt to- value the otfej; of relief to which they had a const ituiional right when it was coupled with aeoiwlition thatthey should abandon s jwrtiou oj their property I am well ajvare .that many in the rebel lipus States, on one consideration or another, have been inducel to acquiesce in the proclamation, and a few have Ikmmi found to advocate, it as a war measnre ; Imt thhr does not destroy or . seriously affect., the. argument. While wme have yjeldcd a reluctant- assent to the measure, it has canseil discouragement, disaffection uikI loss to the Union-cause of a inucli larger class, where, ftiendship and adherence should "have been'cherishetl anil secured; and in thin, it is manifest, the rebellion has been etrenelhBneh As to the third odjeetiou, 1 speak M what t has coroejn Union cause in the loval states occasioned W the Proclamation has beenrton obvious to require any argument to support the declaration. I will not detain you to prove, what hi sutft-cientlv apoarent, that these, rauka cotnldaed have materially, contributed; to,'prolong lbs war. ' There in another objection, which, if -well lbandel, is more serious' than those, already noticed viz: that the Proclamation commits the Administration to the prosecution of the war for an additional object the extirpationof slavery: so that notwithstanding all armed epposftiotv should be overcome and loyal ad ministrations of the State governments resumed, sttl! the war should be waged until every slave was liberated. It it not quite clear what the positiou of the President is on this question. The recitals ofthe Proclamation ot Sept. 22, 1862 would seeni to indicate that he would favor the cessation ot the - war as soon as the rebellion was suppressed in acconlance with the Crittenden Heeolution ; but the pledge also curtained in the Proclamation that the "Executive Government of the United, States including the military and naval au thority thereof," should, in effect make good Uie proclamation of freedom to the slaves. creates an unpleasant doubt as to whether be. m case the : rebellion was suppressed, would trust the case of si ives not actually liberated; to the legal effect or his proclamation or march the Pederal armies into uncomplying listriets to enforce the proclamation by arms. In his letter to the Springfield Convention of Aug. 20, 18G3, Mr, Lincoln aiiminoned and examined himseii as a witness on this point, but succeeded in eliciting only the following rather indefinite answer: "Whenever you shall have conquered all resistance to the Unian, if I shall ure von to continue fihtine. it will be an apt time then for Vou ro declare vou will not fight to free negroes." It is to be regretted that "on so important a qnestion and with so favorable an opportnnity for 'the statement of his- purpose, Mr. Lincoln did not favor the country with an explicit and une quivocal avowal of his position. While I am inclined to believe that the President does not intend to make the extirpa- iiou oi slavery an pyjeci 01 in war, 1 am iree to say that there are not wauling indications that, a serious '-pressure" awaits him; ' -To say uothine of Wendell Phillips with his armorv of " republican bayonets," ; or -'of Thaddeus Stevens, who - liaa declared that he does, not wish to see tne uoioa restored, utterances have been "heard from other "quarters which merit attention. . ." " . . Major General clienck, of the army at reati sai.t in fiia-orwMtffi of Dii,fnii'flr rl ftfVt say that I dasire to see. this war go on, as un der Providence I believe-it will, until the last vestige or slavery is uprooted -and destroyed, and"' ,wei stand before .the worlds not. simply aa a free nation but a nation of free men. ' "John Brongb , a candidate for Govornor of Ohio, lo his epeech at Cleveland to June -last. said. ".Bither flavery roust-4e torn out root and branch, or our 'G'overtrroerit'will xist no longer. I am aware that eotne of his friends Jiava said that. Jit this, he meant only that the political , power . of Slavery should tie torn, out. I do not wish to' .misrepresent hinibut Secretary Caee, who,, avowed; h a letter pV' lisbed the last summer,' tKavt he waa to" 'favor of making thedesaetioti of slavery - object ftf the wax; tkt ,r? hw avowal w in the in-terroirativa form. but. that." wer have seen.' Is 0t tus4lwitbhianv 14 tb letters peal6- taWjrya trit- wui. atrreiy fie. I niereed be ita nwitfj.nj'H.t 'kil&tf "7bn.t I matter how U dia p -Whether a aewaw: lot txpectpum war wftat iiaattw T? Tlie? Cia- tHyraiehed Secretary aeems to think that if u piorally indifferent whether the -extJnctibf w slavery occurs as a Mcessajy tfionlent ora; direct object of the war. With .all dsiejcwce, it Irinif IhaavhrtMillAn Tft' VIavami n A. f ' ject or Uie jraf. -T; ' ' v J i MdreM -mja n roue Knuiira VMCnwce I5 tuf Ul I . IjOt.lI fm p fee tiLat Ibere ejraalpl,diiTeirald m fkitedl Hpon.thoae Wht planned the ewctf which there ie betweet right: er iwroy.l Thf res nit being aUalBedit could; not bralJ fered; Jj the cqaracter-ei ue intent, but, ao long as the work t6 UiiacooOipliahed. it ' be-cemee; rariSnal men to caaiderand be welt lnt hwh mwm ba.KmeE t . makes it fight or wron'g. 'ilf that fa juati atifiable the war is right ; rf not, i( is wrong: - Moy things' are done in the law Tel pnfait-of a leg&i-inaU object, which; if do4 irrespective, of the" objectwonhl be, in many .tases, not only inde-1 iif iuic uut iiiinj riuwf . uie prowcD1 tion of thiswar, lor inataice, for the delence of tie Conetitatioa ;and preservation of the UnioiwWit ha. happened tiavoidablyf, that mach private property hai been destroyed and unoffending. women and chiMreii have sonie-tliaes been wounded or "sfain. Tliese r things occurred, under the circumstance? . attend'nig them, as. inevitable contdjtence of the war;-and terrible as some of them were,' , they were astified by the jiist object of the war. "But to Jay that it etandv Indifferent whether" Mch fihings result as unavoidabje consequences of the lawful pursuit o a just object- or are perpetrated independently and for their own sake,' is to say that an act has too, -moral qiiality that wilful munler and justifiable houueide are j not, morally,' distingnisri able. ' ' y If slavery perishes as a, ieOHtevenee of the war carried :ou, bonajil, for the. defence of the Constittitiou ami preservatioB ;of ' flie UinonV let it die. I shall have no regrete on that ne-count. . I have no desire lo perpetuate, the institution in any of the States ; .and shall - hail with unfeigned pleasure the' free action of the people in all of litem in devrsingandexecuting measures of emancipation.; -tlutto. wage war for the express object of letre ting slavery woald be a crime to whicft I wcainot, willingly, become a party; and 'designeUy to pro-, long the war, nglitfnlly waged 'fbt he Constitution and the Union, for) hev'e,xpres4jpar pose . of the more certain or speedy di'ruefion of sTayery is to darken the patrtotT4-4atea4 with a criminal hue. Is r'"' ' '- Ieannot forbear to allle,jw thia connection, to another theory wbleli; 'ad.ipted by' tWe Administration as arule4f jc'ion Woutl make the pretense: that this !" ir-ftt the protection ofthe Cristittrtkm aho valioo -of the Union a Miserabio refer to the revolntfonarr" docrri advocated by Senator Sumner, I ' is -net' suppnaed to- be qertofVKl rebellion h.is not only 4lettU a de slavery, bnlt has extingnfsheil the k tdeVfs where tha reikis hav sncce pressing, for the time, loyal State lions, ; According to thi view Wh eral Government siiall-haveprfor Bt i tn t ion al d ii t r o f rel ie v i ng loyal idave'.States, from the oppresaione lion, they are to be' left not only, slave pro'rty but deprived also and Constitution and redacted tot jwt dpetece u pon, Congre a w.-ire, that the President lias ar tar Governors in Tennessee-" N fAuistana to admMiister'tSe those States until public eenr! e ieeser Very, 1 .recently iloy altv-' a the 1 low to - VheW rn- 7V OcientJy restored to enable toe mnie thalr rMiU iMMrm.! law. Thuuu, -" J by the diatingu' re "idhg ami lageti he States in wh'e' are utterlv exlingn ailm in iat ration ife assaib. 1 Senator with all his i who edatemla that all s retiellion has prevailed ed and that the vast ter-. prise I shonld be treated ere Congrea nay write V- And. he wouhi call a I itory which they : an a "clean State" - such la ws as it -plea'' war which he would wage to anoomplish auch results, a war lot-- the . preservation : of -the Union! This doctrjjie, so manifestly destructive of all hope of restoring the Union under the Constitution, has found other advocates than Senator Sumner and even the Cincinnati Gazette has recently spoken of State rights as if thev were fictions of the Imagination, and state boundaries as mere matters of convenience. The heresy has assumed such proportions as to create alarm amoUg the mere considerate friends of the Administration, whv have sustained it in all its measures. A member of the Cabinet, Postmaster- General Blair. . in. a late speech in Maryland, felt obliged to- denounce the new doctrine and assure the coun try that the President repudiated U.: The Washingfon :correspondcnts of the Cincinnati papers however, declare that the Postmaster General did not represent the views of the-f President I cannot decide .between them, but I am not without faith that the President will withstand this last and most fatal press ure, v-v--'-: - - -1 . ,- Tbi tincertainty and controversy among those in high and official position as to what is or ahonld be the poliey of the Administration is undoubtedly injnrious .to the cause of the country. Far better would it 4iaveieen had the war been conducted with an eye single to Uie only object which justifies its prosecution the defeace of the' Constitution and preservation of the Union, Then these raids of fanab- icismaml disloyal ambition in the North . 'up- f on .Constitutionarliberty would ha vo7 been re-pnlsed -witb that same patriotic spirit; which hardrawathe sword ag;ii net rebellion in the South.- ' . " '- . My opinions in regaril to the war and the policy which should govern its prosecution', pave been o.ften and publicly expressed and remain Unchanged. - The ' only 3egiUmate ob ject of the war oa our port was and still is, the ueience oi tiie ixnst,inuon- ana tne preservation of the Union. This object ean not be secured except by force, of arms. The policy to be pursued ehouhl be each as would be most likely to secure that bbject most "speedily and with the: least . passible aacrifioe of life and Ueasore, .It must not be forgotten, that we do not wa a war. of extermination that it is no Part" of a mtjVdeslre'to' make vacant Soother a jjossessions ia erdsM tbat nOTtnbrn, men may occupy a4 errjoy thetai - It 4s a war to destroy, armed opposition to .the Govern- ment to relieve the oppresaeil, to " reclaim tha 'misled and to esublish the Federal" authority; createdand defineif"t)y the Constitution, everywhere withiaihe louolariea jtbe ltepub MVandV if possible, forever;,., : vs y . , . vJj V. While the war, then,"shbuld he nresecated wTtH the'utmost - visor agaiast -those arraved in arms 'against , the Union, . it .should be ao prosecuted aa to protect ieyal inhabitants in all "their right aaompIeUly'ireisacJi rights are protected is loyat ouuea, or rf that. a atf case i iinprsciipftiue wnurr me exacting exs- II:.: - .'"II. Vt ' - - .i I toe w,- tvcn 'nas Mhaequatw- re-. iTe-roslf tolfe tnjured partyif f-n, be-decUred and. repeated ah r. the aame. that our arralea 6mVnottO'dMricnl d tdiafranchise Joyal eUitehe; to extinguish, state laws and .Constitutions, ob literals state lines -and subject the- people to -the wilfW'a ewiqtteror bnt triat triey eoree In the name Of the Union and by tLz sjathritrt Tfhi Cto eii;aw"H to Tina!isMMH4!re5wir'? me f euer&t authori.losiDpre3S the wueKIcrCto leave Ua toyaleitUeaa Ire ta 1 resorne their-VigUu Maler the tinra -jaiCnrtitTitIoii,)f ;thrirrev epecUve States and to snl ject all sim ply o the Conrtifbtioaandlawi of ; the Unim llate- Thus. i a ygw"w. nOtth force f ,wver; come by force, ewd wluIeeriUd nnUfiMtt aammrtn hazarded i country into, the w v. t subserve'" their atetf-Uoaada UyT TeeUag nWaldlM foeteted; not reiielled. a theju wid pwde. . br evarr act and measure q'm - ther port of the Federal Govern meat wbfeb :tb-epifit Tof wiedota mttd eoaciliaiqa caaMggeet; won-. hack : to. their ooeatence to nm iwiu4 antaurny. i tm weii aware that these are not theViews oit thanT fwho hearyme j that in; their - opiaioa the Con stitution cannot be : defended and' the Union preserved" by war. ' Wbile Tran wet "satisfied that aH peaceful remedies of an . honorable adjustment were fairly exhaiwrtedprior Id-, the com ntencem eat Hostilities, yelf Wbea artted resietance was offersd to the execution of the la ws. of Congress - and the "Federal au t h ority attera pled to be o veriliroWo by V" force," 1 cooh) see; no other ' Way - but to oppose force to force. I thought this the only mode by which the-Union could be saved. ': f; counted, in-the beginning, upon Uie Uaioo feeling in the Sooth .which the election in reference to' secession mahtfestetf in all the States. I felt that" that furnished the only ground .of hope that the Union could be preserved even by war. And I think W still, althongh it must be confessed that this -growml of.. hope has been seriously diminished by the too tardy prosecution of the war and the diecou raging ; policy which has been pursued and to Which I have ' alreaaly re-fered. The end may prove that I have erred in judgment as it certainlr will 4fit -re sults in the destructkm of tlat Unjoe f of States which was created by the Constitution. But mrtil the war chjaTly ; wrested by the Administration , from 'its' legitimate ad bnly justifiable object, notwithstanding my objection to some of the rneasnres- employed I feel bound to,' rapport if. r Much-.as I- disapprove " these lejisurcs because of their ten-, doner to prolong -the war'and-'Uivevt H from its only legitimate object. I have T faith that when this object -is attained Uie complete suppression of all forcible opposition to the Constitutional power of the - Government the war will cease; a nd if any shall then be found wlckexl enough to urge its further proseeirtion to aceompliHh the jHirposes of an insane taaat icienvto raUfy -the spirit of revenge or to compass the erids; 'of , personal amlition, let them' be Jranlat ae enemies-alike "of 'their country and "their race'. A1 those who now counsel the prosecution of the War for such nlterior olijecl.r3eerve tlic . demruciation V wt-lerel against thein.by that noted ..abolitionist. Gerrit Smith who. yieUin for once at least to a pntf tntlc' hn pulse, exclaimed in a recent speech at Albany? A r there alvoli tioeiats who will m go for crushing treason unleae GsrerttHei ehall pletfge juelf. to jroseeate the war until Slavery h abolished? : Iet'ine aay to them I have" np sympathy with yod.-1 know yew only as enemies of my cowntry. i TW-ole watrrew er acta, which-1 have Uafproe'fcaj?e Me-jsapertiii of ke .prtvil-- "o the writ ofIabea Corpus aml vthe at-rv e rfest of 4;itizens lo'loal States,' where i not ixUtfc 1y "ha appeared' to- me Vfcrf!iC6istilttUo ift pfovid-' f t he writ of. Halteaa VI. ,anlea -: when ' t thepnWic ' f!e exer-s coesU-f mediate; repreeentalivea of Ue people, jwttb the senate, should be charged with the duty and responeilrinty ot determining when, where and bow Jonir this inesiimable privilte shoaM be suspen.led. tl Jo not. therefore, believe that the power to suspend the privilege ofthe writ ; and ;t is a very serious uoestion whether the leeis- ationof the last Congress has con fered that power upon him. - It the act ot suspension was meant to be a legislative one by the Con stitution, then rt wonkl seem to'iws the rielit oi tne people lo require, in fleterintaing wbsth er the Constitutional ease had arisen as well as the terms, conditions, duration and . terri tonal operation of the avt of enspension. not only the exercise of the collective wisdom of Congress, but thatactivevigilanceot each mem- oer wntcn a sense ot peraoaai resDoeMbiutv oniy, anu , in puuuc anatrs i. .lear . out ira- perfeetlv, can -secure. It u a power, then. winch Congress cannot well eseape. the res ponsibility of exercising by delegating it to the freaident, nor can the Jvxeculive rizht hilly exercise legislative functions. It is trus that the authority ofthe President to suspend the privilege of the writ, has been maintained br men of superior ability and high attainments, but their elaborate and iezenious arguments fail to convince me that the framera of the Constitution designed to invest one man with power so delicate so vast and so dan serous to 1 iberty . It does not become one, where men may reasonably differ, to be over-confident in his opinions, but it ia becoming for a . mas on fit occafiions to avow and defend hia sincere convictions. :,-" v " - ' ' .The practice of. arresting and imprisoning citizens in loyal States where no War exists, wiUiout warrantor aeciisatioo of any offense known to the laws, has been one of the most alarming products of the war. I need not specify the cases, which, at the commencement of hostilities were numerous. Of tliose of a reeetit date I will uu-nt ion that of C. L'.'-Val- ianiligham whose arrcat and banUliment I re gard as an illegal as well as an unnecessary violation of his lijrht of personal libertv. Con gress hal made amide provisions forthe pros-ecu tion, of persons susrected of the offense with which. lie was charsed. before the civil tribu nals and accord in 2 t the provisions of the Constitution. If he had violated any laW !he was'snbjscC to arrest and banishment accord ing to 1 lie law of the laad.. - IHa right to be proceeiled acainst accordms to law. if at all. is the same as yours and mine, ft is a part of u'r Common Jiberty, and, however widely 1 may diuer trom lum as to the beat - mode oT dealing. witk the great troubles, which, afflict the country, .1 but protect my own -right in defendiii'r bis 1 1 will not-etilar're on the price- nesa value ef-tiie right of personal - JibeTev, or mewisoom or our miners winen rovaei so many guarantees, for its enjoyment in the fand-amentadiaw of .our ttqvenunent. . So earthly interest equals it injmnertance, life only excepted; and even that to the nrlboner taa ' thing He be-enduxetl.not enjoyeby J It w aenatter - of asvomsMmets ana regret toatu. tne Aammistra- T- .a ' ..m . a a . tion shouhl baye allowett any vof its precious time to be ' occupied with, these" booties as-AtnTta onoiipotKiIar'rfirhts in ' loval states. i LTheyTiave ynstly "created -alarm 'while they have. onetrneied jratbctuaa advanred the cans of ii4 country.Ta; earnest ."solicitdel Pi lue peopicJto seetus roeiuon t suppreajeu, has wuhdrawn the buUitattenUon'.'in" sorne tittsnre iVom theiMctkea. while its to! be ffesisd that not fcw are blinded laaht Idanger ojlbeirt by the delusion- that legal rwronre taay be'eafely tolerated in - tha pabiid servants of tueir choice Tb3 fratners of the Ctthsttratio did not ondertata the vain task of ireguUting wirhould be called to dmieister-lha 43o ement;ut they .Were Jot ignorant ofthe lessons of history npon the dahgerooe iaCuehce'of pubuc once ont hero tod and heart cf tit ros-seesor. ' Ilenee ihc'brkf te&urw weacribed by n&ern &ii-mQ& ttleS rjj that isetru fmenv A morei painful exhibition of thei cer-iXtnMmeaef ot tIic6sSee?iOti tf siTpcc ip- i$?k&if&tiU toralhehea ofbita who wieJdait. bae not occurred, U ttrft vailealed by ,Uajor General tkheeck. m hie recent JDeeca at Davton: m v thare before alidd, ,That .a ai oJL h hi - knowIedgeaaUlitj and geoeral oilJudgnea i;r w iw, wQ cngagea in toe , pracr uce of, oM.proieastoir, enjoy ed.jtai, no doubt, deeerv ediy. a vood repotatioa sehoufd deliberately apeak in the contetnotnoua strain w which" he indalred. of the com olainte of the UASairikraTyjure aaaaxement whilejt la also an alarming aymp-Ta o ofthe msecanty of tha deaxet: rights M i Antenea4reues4 -TTie iewTaJ Vfclicitales himself apon having gone to Washington-long ociore x. auanuiguam waa arrested to tirge upon the Pretddent in person to order his ar rest, assuring him m imbetance that A beSaed VallaAdlglianrae gtiilty of treasoa. atnl that If hw papers were searched treasonable corre. pondenee wooi be tband.' ePresMeat and the Secretary of W ar, to tlieir, honor it said decline.! to act upon the unsworn belief of Gea. bchenck. If is fair "to infer that where The belief was so strong there were supposed facts eurHcient Stsome VeasoWa ble degree.- d warrant it, and if such were the case 1 should like to ask the General if he were here. Why bedhl ot fo before some competent officer and make the afhdavit wbtch, as a lawyer be knew would secure the arrest of the sue pee ted party ith-out the violation of any constitutional " risht. in ao-tioing ue would not only nave or served Iberrqniremenie of the law, but would have manifested that moral com raze which is essential to true heroism as well in the Cabinet a tu the field. I eannot dwall loarer do Uiese dancerotis acts I rejoice that they have been made the. subject of earnest discussion : and 1 thank the Democratic partr for the man ly and resolute rtanl it has taken in defense of these vital nrinciides of civil libertv. If it naj. not eaneel ;- them entirely to cease. H has arpuaed public attention and 'such practi ces cannot lonjr escape iwblic coiMlemnation: r or. on this question of -uamnnity from arbi trary arrest. UW great bofy ofthe peopJliave out one opinion: ana woe be to him who men aces popular rights when once the people cJear- ly understand that ther are n weril! .It affords mf pleasure to draw from- Repab-lican aourcea srateful teetinMtnv in auntort ef the objections I have urged Against Uie , arbi- . , -, - : - , . ?. rrj nnT!M, wmci nave ieen raaue or er-mitted by the Administration, and -of the importance of toreservin? intact the ri;ht of oer- sonal liberty, except in the moles established by the. taws of the land. When H waa an nounced by the. present Secretary of War soon after his accesssion to office that the "extraordinary measures' (arbitrary arrests) which had been adopted would be continued no longer, the New York Trlbniu hailed the announcement in the following terms : Tar-Rrrcajr to' Law a LrwCBTr". We never gave and expect never to give, a heartier welcome to any document than to the general order by which the Secretary of War, in b-lialf of the Presidewt awneaneee that Me rrya of dafKtismimde td, t.h no person Jience-forth to be iiicarcerated or retained in a military Bastilevithoat other' warrant 1hsh tb mere orderfa biinister of The CoB4ry. will thank t'--most fceartiiy -for '4ds ? this taost wMfWva, mektcttou, m1 dieus aa-ekiuery of detjmitm, and t reotSTHig the , feenig- The New York Independent W ita ' issoe of April 24, 1862 refering to the same erdereaid : ."Mr., Lincoln is a gooI man. and trust worthy. We are not afraid that he will ; employ this newer to subvert popular liberty. But Mr. Lincoln cannot control his successor nor can he guard the precedent which he makes when dangerous men,: upon "pretended crisis, shall hereafter put forth extraerdutary powers and plead his example io justification. The system of arbitrary arrests and imprisonment at the will oi Government, without trial or even indictment or accusation, cannot be continaed without just such cases. Xo matter how good Uie intention may . beewch-conduct must produce monstrous injustice. Nothing but great tenderness towardGovernment,- and a high and hoporable unwillingness to do anything to emlarass an overburdened adiiirnistratton,7 has" preueuted many, long before this, from-the most solemn protests But eueh reasons are no longer of j'orre. Whatever embarrassment it may be to Government rt is too dangerous for (lie people to get used to the violation of the most sacred .principles of personalJiberiy for any man to.hesitate at protesting against the long xnUuued. use of arbitrary power." - ; r " 3Iajor General Fremont, in an address to his frierMls at St. Iouis on the 19th of November "18G2, said s u V - . " But, while you give the wealth and power of the nation to maintain the integrity of its territory, and while you staiut by your constituted authorities with invincible fidelity, and hold them inflexibly in position, you must, with equal determination, maintain those safeguards which. have been thrown around your personal liberties. The strength of the nation to rise superior to 1 every assault lies in the maintenance of individual liberty as it stood umler the supremacy of the laws "m the freedom of speech and ofthe press. ' very invasion of the laws is a usurpation dangerous in a revolution and not to be justified by any - plea of temporary expediency. Ob4taprifipiu,atop the beginnings, and stop them decisively re membennc that 11 you tail: In this -duty You surrender the sword and the people falL !iod placed in the bands of an angel at the gates of Eden a flaming sword tnrning on every side to guard the way to. the tree of-life.' JSo has h placed in your bands a sword which yon must keep always bare ami flaming, and taming ev ery .way te guard the approaches to that Iibes ty whidh is the tree of your national life." One would hare, supposed "that after the authorities fcad fcecome sensible of the impolicy of these arrests. If not convinced of their tl leealitv.'tbey would hare avoided' the repeti tion of them, no new extgenciee liaving arisen to render them any less exceptronabte, lat power naiestricted, h capricious."' 'The ''good resolutions .of the f Administration; have ; not been strictly adhered to at least by all its snb-ordinates." and tbe 'eoantry has-been pained with additional iastanees of the" exercise j of arbitrarv TiOwer - in the loval States : where there was no war and wherethe tivil admia istratiao-oi the laws -was hoUy , tohitnict- ed. - ' " . r TlrisJreJa.proyeswiUi what ' dTCJcnUv power once sanmed s reUnquuhed; and Wd monishes "of Tthe'duty of increasing vigilance against its encroachments r Tha, words iar well wjortU renmbexing ' " .'"""' tmecrtuchmctA,,' jealonai c( povetj: -oas of man It demaod checks j . it seelta for cuards it in?VU on seCurites til ehtrenci.cs-it with all possible care ar"? ! th,jaesnlia f "nahirio sr-l nassioi. Jit does not trust the , r, . . us iHiinii44)rnjT eaia aa,Ts,'wiaeei I a 1-olJjiBd fesrlrsffsitrUi bat ii is siso Lehrpf V I sighted spirit it is a cautions saraciocts. I crimihating far-seeing Intelligence ; iiix -izi-'. In4ntalje'weakrieirhujristf nainTe,aAdtherslwTacf 4l aeai-w trwe i'C rt-:U I ti4 fore itrw'ntwtHpi'f 1 tj LjeauttbeJ" um" taoc'ii it: ' Iveftcer. does it cr.ff v . and temporary rt'Uzz t y ta U A t-.c; y-." r af otaerwwe.' It ases tr cur -ca pr- - VuiUing on the ejrperieoee cf X- lutr" pastit Uhdrs diligently for tie faenSttr ' to come.- l b ts Is the aartrre ox ponsnreuons liberty; tad this our -liberty if arawUI " ngBUy vndsraUnd and preserve C " , 71 wrU-aotiee.-nowi soma" the reasons' eilch are eontanee aseirnett whr rrian. wbe- 7' Jietea the retelUoa can be eafrpresed only If force of "anna, should 1 net disa ;mf yui y vf : the measorea adopted by the AiaueLmatio " to aocotnpTis& that object --. -i'-- , Ws ars constantly reminded that ti'eoTm try Is engaged ia war, and it is 'seUthat aaffc'- tuony of Ceelin aadneiff of ictiefara ssmw i UaF to encceaa.- ' Very tras. -Taai-U exactly wbatl "have endeavored to'" show-. But thess -: desirable ends are never the fruits of eompal--sfon, or oflictal dictation.-" Aetafeol war doeav "hot. BecssaariJy, deprive citirenw- of thw right nor absolve them from tne traty er ratinif - upon public affairs, and f acting, hi ail lawtat - ways, upon their sincere eooictons :of what the best .ntercsts of the coantrr reqnire. 1- leed in times of pebfic danger. ' the v peAp--ehoaldj-edonhle theiivtgilTHsei eer mWlfsl that "eternal vigilance Is the prk-e eltbevwVf Every- measure; afTecting Hbe genetjrt Walfarw-sbodld be carefully sea fined and - promply dTs- " approved, when it threatens a destmcttve re- ' coil. ;" , '- "' - - ' " - . --' "! ' kjeomeiimea- rgel : that the war -Iiua brought View trials upon the country, and Uat . these ought to excuse tmU -faults in-tbe-A-miaistraliorr; V, Undoubtedly. - in- fmevaedai things. - But no faulr is small 'by' whieh way . ofthe guarantees ftbe Conslifolion are Join- ted or endangered. The Conatifutioo i toowr polTticsV what the Decalogue Is o our stor! liie. -it cenUins the; great political aa tia t does - the-'seat." mora! - mvaodmeats. In c both cases teBtptaUow'and trial are the eery-occasions which tbe3oramsia ment were - signed to meet. Thow eh alt nnt steal." saya --the one. : "Jfd person-'shal! be deprived of liie. . Iiherty or property, wit h out due process ot taw. . says the other. -WIT1 temptation xsts thaft? -? No more will opportunity aad-tk-e possession of power excise iUegal "impTisotiMiwt Jl. my friends, trials are sent aa tests of e&Wienve,-not to excose'disbedieTce.'?l : - - - ?- It is sometimes said. that the-'Wat- has so-: pendedthe ConetitntkH: tbat the PresiiteTtt. n the exercise of the w power, ui Thd irma the'obligations ol the CoBstitaikn s the riellion mitet be pot down if the Cmet-tn tion is broken to pieces in doing it, end that it is useless, therefore to ditcass the poliry wr.-measures of the AmirHsirelien,; .-.v - - . Tliis is folly, or fanaticism ran rtis.i. Oer-Cbhstitution,tbe noUest work of nra. was de-: signed to be safScienl-for all emerirencies ot wsr.oreace. and for all time. AdHis.--And not doobtmg that it is amply sufficient to carry us throwgh this struggle. f we kerpwrtb- rin its provisions,"-ran nerer consent to-e en- fraction m the eligbteet particular. -t eoncur. r- - -1 ei lally, in the sentimsnt of tha Ep ' - f-rfm lUinois;- Mr? Tramnall.. " - tie Senate t- tbs-Unitad t ocruihoriyfor,,jsittlng4aw even thie gigantic rebellion Uutn such -a atay be derived froni the CoTistitetlov' pfwvierly interpreted. 1 1 U equal eyeh to this great emergency; and the more, we trtady ita provisions, the more it 'is tried ' in troa bions times, the , greater '. wDt be our admiration ' of the la- strument and our vetveratioafor the wisdow iUhtii' ; " ;'v sr-vV -:r- ""As "anpc!ar"BethvowaTfor fha-moment may be among "be thoughtless; I her declare that I am for aappresaing this monatroos rebellion according to law, and in no tfieraitf and I believe that -Congress has owly"-ts sliwa diarge ita daty' and the army te "psrofw mm with energy and activity, to bring the war to n, speedy and successful issue. 'We'ar "f gat--ing to maintain theConKrrntion. and it eps-eially becomes us in appealing to the psepla to come to its rescue not te violate it onfnel van. .llow are we better-than the rebels if both-alike set at naught the Coastkntien t " warn my countrymen, who stand "ready t ts4-' ernte almost any act done in 'goad faith forth euppreesisaf the rebellion, not to saaetten usurpations of newer which mar : herearter 1-e ' came precedenu fot,the deatracuea of coneti tnfional liberty." "' It is' also ' sometime said that we nse engaged in "a etroggle for Jfatienai sxietenes. which is likened to a personal combat where fhe life of each is the state, and every ee-eeivahls nrane of defence may be employed. Hetaphers are -yiot arguments and are rrs-quentiyvery iadifferent helps to them. -Oars is indeed a struggle for nations! existences hat there the analogy eeaaef. In the fiereeoamba. . where moments count as hoars the jaigavent is clouded with passion, in tho last extremity rbe light of reason gee ont and tha eotabat- x an ta tall to end the strife wiib fcrute .fores ; guided only by the aaimaj iceuacte. - Seek ia not this war. The directing mind, ar- from the scene of conflict, devises' measures and plana campaigns in; undisttrrberl- tranquility end unaffected by th flight of tima.. There is not only n oeeaaion to discard rsasrsi, but an swiple oppprtnnity efTorded for tu higlieei exercise.' And not'onry so, and wbaiafhoald be esteemed a taatter of the greatest importance, thev, who are charged with, Iks jnuas-diare condad tf public affairv araxnot-wm. Klled to act npon their earn mnaded;odgmant. X may tike exrnel of the peapla lo hora tljry are responsible and 'thns b enalded to correct or avoid inlstakss.a4 direri their coarse by the eollevw ejlesa-eherhole cormtry. r Cut ' egmfn, hnd lehSeflf,. tha.ibsta-pbor is deceptive jo tlrhnr sdvsrsaiy in noa a reparate being or power to nmptfram exham would W to save onr lifo. bnt, in a aimsa, , hi a part of oorsetvea so that ws sara hint iiy earing onrselves. - For what i the JTatkeal ctlrttnes tor , whieh we enliwl?..;It,kth Cnited States of America,- What Ja Sf save, . thsa, by .saving the nationallif J XTe aave all tha Slates and ilin lnhiliirtiirre wliii Vine unuised loyal and all who shall lay dow a- their arms and complying with., raci 'seaaonaKs' tctwe as the ease saay rrqnfreV shall retaxw -tn. thetr allejianeett Jthe -f edsral Canstimtioa. T are tjf he tarel, thrt aralt the eaApUtaneas of cpr 'natiohal fceisg, Ay 'ivmf nthep thalealerm1njaItigthosvthsliava ; ed th emse! ver la arms egaiasf the Govsramsat. UeUT saay fall ta the oeicl bat tha rtbel-lfous Sutea,J so-caned," wiast : t e csreda low comrAfthepfwblem aad hasr eedisl its solution fhWnmt'mTalia slareswanshis) aa welIaaonsiiintaale?jl;!ri thCtld! v Itis-sometiineaabected that ta yisar.-roea kf anYtSDeassrea cL ths Adminut " . tea tottoweaken its t4.tdt5t3rrytth rett rinn. tso--It wonly jnIa-JH,r-, w i - would deny iti ' Ct is net the rrt ei.-rcia Jrt fhe:Vn ef p?wer wl.! "i 1 .i ccr 7; Oenanrstion ssd tit" J v c r zwtr ftyiland rrodn' ev ." .-'ilitv'iidtotsur- t !: .who perils his life t rnj irr t r :f. rth-serle: attorns t c! itv r. f t. ' nvesa- vena. : eacw -