The agitator. (Wellsborough, Tioga County, Pa.) 1854-1865, July 01, 1863, Image 1

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    The Tioga C ipnty Agitator : :
BY. SI 3.. COBB.
Published every Wed- cisday worningand mailed to
aaosoribers at ONEDfI ,IjAK TIFTY CENTS
per year, always IN A WANCE._ -•- •
- -The paper js-sontposj go free to county subscribers,
though they may deceit i their mail at post-offices lo
cated id counties imme lately adjoining, for oonveh
* iqnco. . ' (i, - ■ . -
Xse Aojriroß is tb. i Official ; paper of Tioga Co.,
and circulates in every nfighbothood therein. Sub
scription's being on the idvanoe-pay system, it circu
lates among a class moj to the interest of advertisers,
to reach. Terms to ad! jrtisers as liberal as those of
fered by any paper of t pud roiroulatron in Northern
Pennsylvania. h „i
fSf A cross on th' 1 margin of a paper, denotes
that the subscription i/Abpuf to expire.
will be j'jo jpodwhen the subscription
timoezplroa, unless, th . fcgCnl orders, their' continu
ance. . • .-'j j.‘i ■ --* ;
JAS. IOWRE &8. F. WItSOS,
Attorneys & i wnsellors at law,
Will attend the f earls of Tioga, Potter and
MoEean counties., h, [Wellsboro, Jan.' 1,1863.]
‘ JOHI S. MAUN, . k ' r . ,
1 TTOBNEY &G COUNSELLOR AT LAW,
i£3l Coudersport, Pa'.>-will.attend the several C/onrts
in Potter and McKoa-j counties. All business en
trusted to bis care wiil tcceive prompt attention'.' He
has the agency of large .tracts of good -settling land
and will attend to the p igment of taxes on any lands
in-said counties. I' ‘ - i Jon. 28,1883.®
. J. CAialjjßEtl., JK.,.
Knoxville, T; ogra Connty, Fa.,
Attorney & .counsellor at law,
Prdmpt attention t is'cn to the procuring, cl Pen
sions, Back. Pay of SoJUers'Ao. ,
Jan'. 7, XBBS—6m;»-'.--J .'.
-- DICKWiOJt HOUSE,
• .COEHilitf.#, N. Y. .
Maj. A. F1ELD,..v1!..;..................Pr0priet0r.
GUESTS taken ia: and from .the Depot free
of charge, [Jan. 1, 1883.]
PEKYSYLTAIVIA" HOISE, -
CORNER OF MAIN |HiKEI AND THE AVENOE,
-WeUi hibrd, Pa.
J. W. BIGONY,. ...Proprietor.
THIS popular !&)'s, having been re-fitted
and 're-furnUhedLt’ Irhughout, is now open to the
pnblie as a first-class hoafo. ■ , [Jan. L 1868.]
izaak wj rtoy Rouse,
Gaines, Tii £3; County, pa.
H. C. VERMILY& j,.|i Proprietor.
THIS is « netv hoi el located within easy ac
cess of the best.fijjiij|s And hunting grounds in
Northern Pennsylvania! JKo pains will he spared for
the accommodation of J :e'|Bßre seekers and the tray
elling public. • \"' * P~ an » L 1863.]
EAGEI;3 ! ' HOUSE.
'THOMAS GRAVEll,..Proprietor.
(Formerly of iie K Copinjjtofi Hotel,)
31HIS Hotel, kept foi a|os*g time by David Hart,
is being repaired’and|furniBhed anew. The
bsoriber has leased UiJbr si term of years, where he
may be found ready upon his old customers
and the traveling publ£< |eherally. His table will
be provided with the btSt4be market affords. At bis
bar may be found the c lpiooSfc brands of liquors and
cigars. " T tUeilaboro, Jan. 21,1883-tf.
WELLSBC ttO HOTEL.
B. B, HOLIDAY, .Proprietor.
THfi Proprietor bavi taken’possession of
tba above Hotel, w II fitfare no pains to Insure
tß© comfort of guests ai.d-tnfc traveling- public. At
tentive waiters ipqdyj . Terms reasonable.
TVeflsboro, Jan. ; _
A. EpEE Y,
Watches, Clocks,[ Jewelry, &c., &c.,
REPAIRED, AT-.OLD PRICES. [
POST OFHOE- BUILDING,
NO. ,5, UNION BLOCK.
TTellsborOj Hay 20,Uifp. : ''
i, ; e. bj; pEACRi’t l '
Earber & hair-dresser,
SHOP-OVER- a WILCOX’S STORE,
NO. 4, L{NfON BLOCK.
Wellsboro, Jhne 24, 1
shop.
I AM now receivmu |a STOCK of ITALIAN
and (bought with cash)
and am prtfßrcd to msbljractur'e all kinds of
TOMBijjS TONES
and MONUMENTS lowest prices.
HARVEY ADAMS 'Mw authorized agent and
will sell Stqne’at the eabaW prices as at the shop.
WE EAVIf iUJ.T 'ONE PRICE. .
Tioga, May 2Q, !S6?- i IU A. D. COLE.
• - FLOUR ASttjFEED STORE.
WRIGHT Jfc. BAILEY
HAVE had thbir- I&ill-thoroughly repaired
and receiving* fresh ground flour, feed,
meal, dto., every ,day ; at their store in town. .
Cash paid, for all grain.'
’ •*; :- ,i WRIGHT & BAILEY.
Wdlsboro, April 29, i‘BB3. 4
Q. W. WELtIgfGTOW & Co’B. batik,
CORNING-, 'N. Y.,
(Located is THtf [j House.)
American Gold and Silver Coin bought end sold.
New York Exchange,* L ’,j ; do.
Uncurrent Money, 1 ‘do.
United States Bemaufl-Nolea “old issue" bought.
■ Collections made in oM baits of the Union at Cur
rent rates of Exchange^ I ‘jr*!
will )v*?taken to accommodate our
patrons frern the Tioga Valley. Office will be
open at 7 A. M., and ctos& at? P. M., giving parties
passing over the Tiogij 'flail Road ample time to
transact their business before the departure of the
train in the morning,' /,nd latter its arrival in the
evening. Q. W. ITELUINGTOJK-PreßideDt.
Coming. N. Y.., Nov. 1862. *
HOmqStEAD.
A’ NEW &TOVE "AND’ TIN SHOP HAS
just been openedj u.Tiogß, Pcnnn., where may
be found a good assort sent of Cooking, Parlor and
Box Stoves, df the moa approved patterns, and from
the bast manufacturers,- &he HOMESTEAD as ad
mitted to be the best /hievoted Oven Stove In the
market. The ,
“ GOLDEN AC.;?? «t- GOOD SOPE,”
are square, flat top air lights loves, with large ovens,
with many .ad vintages .'over; any other stove before
made. Parlor Stoves. ,Tpe-Signet and Cnspion are
both very neat and fupdtlprr stoves. .
Also Tin, Copper, : Iron ware, kept con
stantly oh hand and 'mode,to order of the best mate
rial and workmanship, slh! of -which will be sold at
file lowest figure for cath pr ready pay. , -
Job work of ail kindl tQ on call.
1 Tioga, Jan. U, 1863)^,GUERNSEY & SMEAD.
i Wool Carding Cloth Dressing.
subscriber i'ufortns hja old custoniera
J. apd public geiecijir that he is
card .wool and dress old stand, the coming
season, having services of Mr. J. PEET,
a competeDt and workman, in
tending to givo his attention to tha business,
he will wartant all worjk/dono at-hU shop.
Wool cardod at five qenta per pound', and tlffth
dressed at from tfen t<(; twenty cents per yard aa per
tolor and finish, J. I. JACKSON..
eUsboro, May’6; lS$3-if.. .
john|Tkoy,
T)EALER in dr jgs and medicines.
Cfeenueals, Varnii h£ ; Paints, Dyes, Soaps, Per-
Brashes; jjlass, Toys, Fancy Goods,
ure T\mea, Brandies,; tr&s, and other liquors for
i“- 8 ' A / Bntfo|: .tteraalsof all the best pet
"d“ f edi?ineS "»““•*««-
w . bestiality.
VKa 8 Prescriptions accurately compounded,
for bnrnl 6^ ura °3 *» superior to any other
of on! v g n V rts,no - Ijto P s - Al8 °. otter kind*
of Oils hsaally kept in.a ?rst-class Dreg Storje.
cornSn In packages already
Pure iw*h’ f “ r ?* as S v ? f families. Also,
w,ma f Sb ?“ for tttSiftoJ componaiJs. ■
WtUibow, Jane 21,150-dy.,
“t '
THE AGITATOR
BcbotrO to the SByttmion of the&oea of iftreehom anh the Spread of fhealthg inform.
WHILE THERE SHALL BE A WRONG UNRIGHTED, AND UNTIL “MANTIS INHUMANITY TO MAN” SHALL CEASE, AGITATION MUST CONTINUE,
J ’ ’ *
VOL. IX.
[For the Agitator.!’
CONCEALING ANB BEVEALING.
“Never laughing, never weeping, oniy tmiHng/’
Hidden—Heart:—thy patht is lonely 1
Answerest thou wanly,
Ever smiling, smiling only.
But it seemeth bitter smill ig
Better frowns the boors beguiling
Rather pain the momenta jrbiling, \
Ror a change. What is Sweating
Ripeness-from thy Up ? Tills beating
Throbbing heart-? This audden healing.
Glowing, of thypeok and forehead ?
borrowed.
Light and life, from one, the Torrid!
Unforgiving! Odo has said it—
And 'tia well tha_t w.e should heed it,
Times enough in which we need it'
“ Sinful, qnite as-auy craven.
Happing black wings like a raven,
Heart, unfit to be forgiven!"
Bitter fruit Pride’s tree is bearing—
Stil yon smile as tbo* uncaring—
thy soul is sackcloth wearing.
Thank the Father! —now you're weeping ;
All thy hidden feelings, sleeping.
Into consciousness are leaping.
Now your arms are round me twining-
Ah, this sweet, sweet undermining !
Now you tell me all your pining, j
Vf
And the birds are singing sweeter,
And the brooks are running fleeter,
And our joy is the completer,
That the elouda before the shower,
sunlight from our bqwer; --'
Sands of gold enframe this hour. Irr.
DaUti cal. J
PRESIDENT LINCOLN ON ARBITRA
RY ARRESTS.
The President of the 'United States, in an
swer to a memorial of the meeting held at Al
bany on thel.6th, to protest against the seizure
-And confinement of Mr. Vallandigham, has ad
dressed a remarkable letter to Hon. Erastua
Corning and other representatives of the meet
ing. The resolutions of this meeting declare
that Democrats are determined, in despite of
adverse and disheartening circumstances,, to
devote every .energy to sustain the cause of
Union, and to secure peace through victory, but
- demand that the. Administration shall be true to
the Constitution, and everywhere outside of the
lines of necessary military occupation, exert
all its powers to maintain the snpremacy of
civil over military law. The President’s reply,
characterized by his well-known sincerity, an
swers the question of the necessity, constitu
tionality, and patriotism of his acts:
Executive Mansion,
Washington, June 12, 1863
Eon. Erasins Corning , and others :
Gentlemen; Your letter.of Mnj 19, enclo
sing the resolutions of a public meeting held
in Albany, New York, on the 16th of the same
■month, was received.several days ago.
The resolutions, as I understand them, are
resolvable into two propositions—first, the ex
pression of a purpose to sustain the cause of
the Union, to secure peace through victory, and
to support the administration in every constitu
tional and lawful measure to suppress the re
bellion ; and secondly, a declaration of censure
upon the Administration fpr supposed uncon
stitutional action, sueh as the making of mili
tary arrests. And, from the two propositions,
a third is deduced, which is that the gentlemen
composing the meeting are resolved on doing
their part to maintain our common Government
and country, despite the folly or wickedness, as
they may conceive, of any Administration.—
This position is eminently patriotic, and as
such, 1 thank the meeting, and congratulate
the nation -for it, My own purpose is the same,
so that Ihe meeting and myself have a common
object, and can have no difference, except in
the choice of means or .measures for effecting
that object.
And here 1 ought to close this paper, and
would close it, if there were no apprehension
that more injurious consequences than any
merely personal to myself might follow the cen
sures systematically oast upon me for doing
what, in my yiew of duty, I could no£ forbear.
The resolutions promise to support-me in every
constitutional and lawful measure to suppress
the rebellion ; and I have not knowingly em
ployed, nor shall knowingly employ, any other.
But the meeting, by their resolutions, assert,
and argue that certain military arrests, and
proceedings following them, for which I am
ultimately responsible, are unoonstitutionel. I
think they are not. The resolutions quote from
the Constitution the definition of treason, and
also the limiting safeguards and guarantees
Therein provided for, the citizen on trials for
treason, and on his ‘being held' ta answer for
capital or otherwise infamous crimes, and in
criminal prosecutions, bis right to a speedy and
public trial by an impartial jury. They pro
ceed to resolve “ that these safeguards of the
rights of the citizen against the pretensions of
military power were intended more especially
for his protection in times of civil commotion.”
And, apparently to demonstrate the proposition,
the resolutions proceed: ” They were secured
substantially to the English people after years
of protracted civil war, and were adopted into
our 'Constitution at the close of theßevoluticn.”
Would not the demonstration have been better
if it could have been truly said that these safe
guards had been adopted and applied during
the oivil wars and during our Revolution, in
stead of after the one and at the close of the
other ? I, too, am devotedly for them after
civiltvar and before oivil war, and at all times,
“ except when, in cases of rebellion and inva
sion, the public safety may require” their sus
pension. The resolutions proceed to tell ns
that theUe safeguards “ have stood the test of
seventy-six years of trial; under our republican
system, under circumstances which show that,
while they constitute the foundation of all free
government, they are the elements of the en
during- stability of the Republic.” No one
i
i
i WELLSBORO, TIOGA COUNTY, PA., WEDNESDAY MORNING, JULY 1, 1863.
denies that they have so stood- the test op to
the beginning of the present rebellion, if we
except a certain occurrence at(New Orleans;
nor does any one question that they will stand
the same test much longer after the rebellion
closes. But these provisions of the Constitu
tion have no application to the cass.we hare in
bind, because the arrests complained of were
not made for treason; that is, not for ihe trea
son defined in the Constitution, and upon the
conviction of-which, the punishment is death ;
nor yet were they made to hold .persons to an
swer for any capital or otherwise infamous
crimes; nor were the proceedings following,
in; any constitutional or legal sense,criminal
prosecutions.” . The -were mode on
totally, different, grounds, and the proceedings
following accorded with the grounds of the ar
rests. Let ns consider the real case with which
we are dealing, and apply to it the parts of the
Constitution plainly made for such cases. .
Prior to my installation -here it bad been in
culcated that any State bad a lawful right to
secede from the national Union, and that it
would be expedient to exercise the right when
ever the devotees of the should fail to
elect a President to their* own liking. I was
elected contrary to their liking; and, accord
ingly, so far as it was le’gally possible, they #
they bad taken seven States out of the Union,
had seized man; of the United States forts,
and bad fired upon the United States flag, all
before 1 was inaugurated, and, of course, be
fore I had done any official act whatever. The
rebellion thus began soon ran into the present
civil war; and, in certain respects, it began on
very unequal terms between the parties. The
insurgents bad been preparing; for it more than
thirty years, while the Government bad taken
no steps to resist them. The former bad care
fully considered all the means; which could be
turned to their account. :It undoubtedly was a
well-pondered reliance with them that in their
own unrestricted efforts to destroy Union, Con
stitution, and law, all together, the Government
would, in great degree, be restrained by the
same Constitution and law from arrestingitheir
progress. Their sympathizers pervaded ail de
partments of the Government and nearly all
communities of the people. Prom this material,
under cover of “ liberty of speech,” " liberty
of the press,” and " habeas corpus,” they
hoped to keep on foot amongst us a most effi
cient corps of spies, informers, suppliers, and
aiders and abettors of their cause in a thousand
ways. They knew that in times such as they
were inaugurating, by the Constitution itself,
the habeas corpus might be suspended ; but
they also knew they had friends who would
make a question as to t oho was to suspend it;
meanwhile their spies and other might remain
at large to help on their cause. Or if, as has
happened, the Executive should suspend the
writ, without ruinous waste of time, instances
of arresting innocent persons might occur, ns
are always likely to occur in such cases ; and
then a clamor could be raised in regard to this, j
which might be, at least, of some service to the j
insurgent cause. It needed no very keen per
perception to discover this part of the enemy’s i
programme, so soon as by open hostilities their
machinery was fairly put in motion. Yet, I
thoroughly imbued with a reverence for the |
guaranteed rights of individuals, I was slow
to adopt the strong measures which by degrees
I have been forced to regard as being within
the exceptions of the Constitution, and as in
dispensable to tho public safety. Nothing is
bettonknown to history than that oourttof jus- j
tiee are utterly incompetent to such oases. — |
Civil court? are organized chiefly for trials of
individuals, or, at most, a few individuals act
ing in concert, and this in quiet times, and on
charges of crimes well defined in the law.—
Even in times of pence bands of horte-tbieves
and robbers frequently grow too numerous and |
powerful for the ordinary .courts of justice.—
But what comparison in numbers have such |
bands ever borne to the insurgent sympathi- j
zers, even in many of the loyal States? Again, I
a jury too frequently has at least one member
more ready to hang the panel than to hang the j
traitor. And yet, again, he who dissuades one [
man from volunteering, or induces one soldier j
to desert, weakens the Union cause as much |
as he who kills a Union soldier in buttle. Yet j
this dissuasion or Inducement may be so con-1
ducted as to be no defined crime of which any I
civil court would take cognizance. j
Ours is a case of rebellion.—so called by the
resolutions before me—in fact, a clear, flagrant,
and gigantic case of rebellion; and the provi-1
aiou of the Constitution thatthe privilege of
the writ of habeas corpus shall not bo suspend
ed, unless when, in case of rebellion or invasion,
the public safety may require it,” is ihe provi
sion which specially applies to our present case.
This provision plainly attests the understand
ing of t|ose who made the Constitution, that;
ordinary courts of justice are inadequate to I
“ oases of rebellion attests their purpose j
that, in such cases, men may be held in custody
whom the courts, acting on ordinary rules,
would discharge. Habeas corpus does not dis
charge men who are proved to be guilty of de
fined crime; and its’suspension is allowed by
the Constitution on purpose that men may be
arrested arid held who cannot bo proved to be
guilty of defined crime, “ when, in cases of re
bellion o’r invasion, the public safety, may re
quire it.” i This is precisely bur present «gse, a
a case of Rebellion, wherein the public safety
does require the suspension. Indeed, arrests
by process of courts; and arrests in cases of
rebellion, do not proceed altogether upon the
same basis. The former is directed at the small
percentage of ordinary and continuous 'perpe
tration of crime, while the latter is directed at
sadden and extensive uprisings - against the
Government, which, at moat, will succeed or
fail in no [groat length of time. In the latter
case, arrests are made, not so much for what
has been done, as for what probably would be
done. The latter is more for Hie preventive and
less for the vindictive than the former. In such
cases the purposes of meu are much more ea
sily understood than iu cases of ordinary crime.
The.man who stands by and Bays nothing when
the peril of bis’Government 1 is, discussed, can
not be misunderstood. If ha hindered, he is
sure to help the enemy; fmSch more, if be
talks ambiguously, talks ’for hfs country with
“ bnta” and “ ifa’’ and "ands." Of how lit-
tle value the constitutional provisions I have
quoted will be rendered, if arrests shall never
be made until defined crimes shall have been
committed, may be illustrated by a few notable
examples. General John C. Breckinridge, Gen
eral Robert E. Lee,- General Joseph E. Johnson,
General Jobn B. Magruder, General William’
B. Preston, General Simon B. Buckner, and
Commodore Franklin Buchanan, now occupy
ing ,the very highest places in the. rebel war
service, were all within the power of the Gov
ernment since the rebellion began, and were
nearly as vtell known to be traitors then as now.
Unquestionably, if wo had seized and held
thorn, the insurgent causa would be much
weaker. But caoneW them had then commit
ted any crime defined in. the law. Every one
of them, If arrested, would have been •dis
charged on habeas .corpus were thewrit allowed
to operate. In view of these and similar cases,
I think the time not unlikely to come when I
shall be blamed for having made too few arrests
rather than too many.
By the third resolution the meeting indicate
their opinion that military arrests may be con
stitutional in localities where rebellion actually
exists, but that such arrests are unconstitu
tional in localities where rebellion or insurrec
tion does not actually exist. They insist that
such arrests ehaTrnot be made “ outside of the
lines of necessary military occupation, and the
scenes of insurrection." Inasmuch, however,
as the Constitution itself makes no snch dis
tinction, f am unable to believe there is any
such constitutional distinction. I concede that
the class of arrests complained of can be con
stitutional only when, iu cases of rebellion or
invasion, the public safety may require theta :
and I insist that, in such cases, they are con
stitutional wherever the pnblio safety does re
quire them; as well in places to which they
may prevent the rebellion extending, as in those
where it may be already prevailing; as well
where they may restrain mischievous inter
ference with the raising and supplying of armies 1
to suppress the rebellion, as Where the rebellion
may actually be ; as well where they may re
strain the enticing men out of the army, as
where they would prevent mutiny in the army ;
equally constitutional at all places where they
will conduce to the public safety, as against
the dangers of rebellion or invasion. Take
the particular case mentioned by the meeting.
It is asserted, in substance, that Mr. Vallan
digham was, by a military commander, seized
and tried, “ for no other reason than words ad
dressed to a public meeting, in criticism of the
Administration, and in condemnation of the
military orders of the general." NoW, if there
be no mistako about this;.if this assertion is
the truth, and the whole truth ; if there was no
other reason for the arrest, then I concede that
the arrest was wrong. But tho arrest, ni l un
derstand, was made for a very different reason.
Mr. Vallandigham avows’ bis hostility to the
war on the part of the Union; and bis arrest
was made because ho was laboring, with some
effect, to prevent the raising of troops ; to en
courage desertions from the army, and to leave
the rebellion without an adequate military force
to suppress it. He was not arrested because
he was damaging the political prospects of the
Administration, or the personal interests of the
commanding general, but because he was dam
aging the army,' upon the existence and vigor
of which the life of a nation depends. He
was warring upon the military, and this gave
the military constitutional jurisdistion to lay
hands upon him. If Mr, Vallandigham was
not damaging the military power of the coun
try, then his arrest was made on mistako of
fact, which I would be glad to correct on rea
sonably satisfactory evidence.
I understand the meeting, whose resolutions
I am considering, to be in favor of suppressing
the rebellion by military force —by armies.
Long experience has shown that armies cannot
be maintained unless desertion shall be pun
ished by the severe penalty of death. The ease
requires, and the law and the Constitution sanc
tion this punishment. Must I shoot a simple
minded soldier boy who deserts, while I must
not touch a hair of a wily agitator who induces
him to desert ? This is none the less injurious
when effected by getting a father, or brother,
or friend, into a pnblio -meeting, and there
working upon his feelings till he is persuaded
to write the soldier boy that he is fighting in a
bad cause, for a wicked Administration of a
contemptible Government, to weak to arrest
and punish him if.be shall desert. I think that
in such a case, to silence the agitator and save
the boy is not only constitutional, but withal a
great mercy.
If 1 be wrong on this question of constitu
tional power, my error lies in believing that
certain proceedings are constitutional, when,
in oases of rebellion or invasion, tho public
safety requires them, which would not be con
stitutional when, in absence of rebellion or in
vasion, the public safety does not require thorn];
in other words, that the Constitution is not, in
its application, in ail respects the same, in cases
of rebellion or invasion involving the public
safety, as it is in times of profound peace and
public security. ’ The Constitution itself makes
the distinction; and I can no more be persuad
ed that the Government can constitutionally
take no strong measures in time of rebellion,
because it can be shown that the same could
not be lawfully taken in time of peace, than I
can he persuaded that a particular drugds not
good mcdicinb for a sick man, because it can
be shown to not be good food for a well one.—
Nor am I able to appreciate tho danger appre
hended by the meeting that the American
people, will, by means of military arrests du
ring the rebellion, lose the right of public dis
cussion, the liberty and -the press,
the law of evidence, trial by jury, and habeas
corpus, throughout the indefinite peaceful fu
ture, which, I trust, lies before .them, any more
than I am able to believe that a man could con
tract so strong an appetite* for emetics during
temporary’illnesr as to persist in feeding upon
them during the remainder of his healthful
life. - ' . . «
In giving the resolutions-ttat earnest con
sideration which you request of me, I cannot
overlook tho fact that -the meeting speak as
“Democrats.” Nor can I, with full respect
for their known intelligence, and the fairly
presumed deliberation With . which they pro-
\
pared their resolutions, bwpermitteittfjsuppose
that this occurred by accident, or in any way
other' than that they preferred to designate
themselves 1 Democrats” father than “ Amer
ican citizens.” In this time of national peril,
I would have preferred to meet you upon a
level one ste l higher than any party platform’;
because I no sure that, from such more ele
vated positions, wo could do hotter battle for
.the country, wa ’ all love than wo possibly can
from those 1 iwet ones where, from tho force of
habit,. the prejudices of the past, and selfish
hopes of tl e future, we. are sure to expend
much. ,of our ingenuity and strength in find
ing fault will), and aiming blows at each other.
But, siu9e yon harvo denied mo this, I will yet
benhankfulJ for.the country’s sake, that not all
Democrats have done so. He on whose discre
tionary judgment Mr. Vallandigham was ar
rested and tried is a Democrat, having no old
party affinity with me ; and the judge who re
jected the constitutional view expressed in these
resolutions, by refining to discharge Mr. Val
landigham on habeas corpus, is a Democrat of
better days than these, having received his ju
dicial appointment at the hands of President
Jackson, And still more, of all those Demo
crats who are nobly exposing their lives and
shedding their blood on the battle field. I have
learned .that many approve the course taken
with Mr. Vallandigham, while I have not heard
of a single one condemning it. T cannot assert
that there are nonesuch. And the (name of
President Jackson recalls an instance of per
tinent history. After the Battle of New Or
leans, and while -“the fact that the treaty of
peace had been concluded was well known in
the city, hut before official knowledge of it bad
arrived, General Jackson still maintainedmar
tlal or military law. Now; that it could be
said the war'was over, the clamor against mar
tial law which had existed from the first, grew
more furious. Among other things, a Mr.
Louaillier published a denunciatory newspaper
article. General Jackson arrested him. A
lawyer by tho name of Morel procured the
United States Judge Hall to order a writ of
habeas corpus to relieve Mr. Louaillier, Pen.
Jackson .arrested both the lawyer and the
judge. A _Mr. Hollander ventured to say pf
somo part of the matter that “it was a dirty
trick.” 'Ofcsperal Jackson arrested him, When
the officer undertook to serve the writ of ha
beas corpus General Jackson took it from
him, and sent hifa away with a copy. Holding
the judge iu custody a few days, the General
sent him beyond the limits of the encampment,
and set him at liberty, with an order to remain
till the ratification of peace should be regularly
announced, or until the Britieif. should have
have left the Southern coasl.t A day or two
more elapaed, the ratification }of the treaty of
was, regularly announced, and the judge
and others # wefe fully liberated. A few days
more, and tho judge called deneral Uacksou
into court and fined him a thousand dollars
for having arrested him and the others named.
The General paid the fine, and there the matter
rested for nearly thirty years, when Congress
refunded principal and interest. The late Sen
ator Douglas, then in the House of Represen
tatives, took a leading part in the debates, in
which the constitutional question tras much
discussed. lam not prepared (o say whom the
journals would show to have voted for the
measure.
It may be remarked : first, that we had the
same Constitution then as now ; secondly, that
we then had a case of invasion, and now we
have a case of rebellion ; and thirdly, that the
permanent right of tho people to public discus
sion, the liberty of speech and of the press,
the trial by jury, the law of evidence, and tho
habeas corpus, suffered no detriment whatever
by that conduct of General Jackson, or its sub
sequent approval by the American Congress.
And yet, let roe say, that, in my own dis
cretion, I do not know whether I would have
ordered the arrest of Mr. Vallandigham.
While I cannot shift the responsibility from,
myself, 1 hold that, as a general rule, the com
mander in the field is the better judge of the
necessity in any .particular case. Of course,
I must practise a general directory and revisory
power in the matter.
One of the resolutions expresses the opinion
of the meeting that arbitrary arrests will have
the effect to divide and distract those who
should be united' in suppressing the rebellion,
and I am spefically called on to discharge Mr.
Vallandigham. I regard this act as, at least, a
fair appeal to me on the expediency of exerci
sing a constitutional, power? which I think
exists. In response to such appeal I have only
to say, it gave me pain when ( learned that Mr.
Vallandigham had. been arrested—that is, I
was pained that there should have seemed to
be a necessity for arresting him—and that it
will afford mo great pleasure lo discharge him
as soon as I can, by any means, believe the.
public’, safety will not suffer by it. I further
say, that as the war progresses, it appears to
me, that opinion _and action,-_which_ were in
great cenfusion at first, take shape and fall into
more regular channels, so that the necessity
for strong dealing 'with them gradually, de
creases. , I have every reason to desire that it
should cease altogether, and far from the least
is my regard for the opinions and wishes of
those who, like tho meeting at Albany, de
clare their purpose to sustain the Government
in every constitutional and lawful measures to
suppress the rebellion. Still, I must continue
to do so much as may seem to be required by
the public safety.’ A. LINCOLN.
A few' days since a wealth rebel of Tennes
see, 'whose name is General Harding, met a
friend of his, named Carter, a strong Union
man, and the following dialogue ensued :
“ I tell you what it is, Mr. Carter,” said Gen.
Harding; “ between the Federal and rebel sol
diers I am about-ruined. .-.My horses, cattle,
sheep, buffaloes, deer, and [poultry are all gone,
and I expest I shall Joso all my money.”
“ Well,” says Carter, “ why -don't yon em
brace the cause andl come out, and let bogus
confederacy go ?” f
“ Ob, that’s nonsense,” replied Harding, “if
I should do that, I’d lose all of my friends.”
“ Lose your friends!” exclaimed Carter,
“ why,’ if you loseyonr money, you’ll lose your
friends at any rate.”
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fUttfrs from tfje
From the 45tb Pennsylvania Seglment. ■
Ok Board the Transport Sallle List-: ) '
Orr Memphis, June 14,-1863. I
Friend CosfiSealed on the upper deck of
,the “ Sallie List," which is quietljr at anchor
on the Father. cTWaters, directly in front of
the city of Memphis—the great ‘ Mississippi
stretching ontnorib and south in. all its grand- ■
: eur, the magnificent buildings of the city tow
ering high above the eastern bank, while on
the western, or Arkansas shore, a dense forest
stretches away as .far as the eye can penetrate
—I aamoasaying to give your reader* a brief
account of what we have done, seen, and expe
rienced since my last, which, I think, was da
ted at Ilustonvijh:, Ky.
Our regiment lad been encamped near that
erer-tb-be-remempered, little town but a few
days, when it was aphbunoed in camp that the
citizens of Husjonyilfe and vicinity were to
give a pio-nic far the . The 19th of
May was fixed as the day,:-but' strange to say,
whether from afccident, or the plans offsome
one to disappoint the pic-nickers, our regiment
was aroused from a sound sleep, at 1 a. m., on
the 19 th, and after cooking rations and packing
up, os though a long march was anticipatea r tfaa
regiment was divided into two'parts and JJ&M
ched out a few miles on different roads ;
after taking possession of good positisn|,t(rre
sist attack, posting our pickets, senditig.tiut re
ooanoitering parties, &r„ we waited for—some
thing— Morgan's .guerillas, perhapl, though
they were probably notvyithm twenty miles of
its. We waited thus until 11 o’clock, and then
Were marched hfick to our old camp.
As it was then but little past noon, there'waa
fair prospect foij the pio-uio. Until then it had
been expected that the.attendance at the party
was to have been general; but many were dis
appointed when 1 it came to be known that none
but the officers would be allowed to attend', ex
cept by special permit. The' reasons for this
were probably prudential; for as the grove in.
which it was to be held wae some way from
camp, it wouidjnot have been prudent to allow
us fill to leave camp at one time..
Among others, 1 managed to get a pass to
attend the pic-hic. We rea'ched the ground at,
3 p. m., and found the table groaning under
the weight of (Kentucky hospitality. In a far
vorahle, shady spot, had been laid a platform
of smooth boards, covered wifh canvas, on
which a danca’waa progressing. | Crinoline and
shoulder-strap's carried the day, of course.—
Among the dancers, and I may say,.not the
least graceful, was Mrs. Haynes. After the
dance came ajsnmptuous repast, and’the crowd
dispersed at nightfall—hot, however, wfore the
citizens bad proffered a pic-nic to the rank and
file, to be held in our camp, and fixed open the,
22d as the day. The day ajrived, cloudless and*
beautiful. Early dawn found the ground adja
cent to our cijmp thoroughly policed, and sup
plied with a table long enough to .accommodate
‘the whole regiment, j *
At 10 a. m., we proceeded to the banquet;
and the havoc was very great. The fragments
would have filled many baskets. As ne&rly all
our commissioned officers were on picket duty,
having volunteered for that purpose, Sergeant
Major Harvejy Benner was Marshal of the day:
He,’introduced Sergeant Hollins, of Co., A.,
who made a ipeecb, terse, vigorous, and witty,
his theme being “ Our'Country.” tie Was
succeeded by Sergeant Yarrington, of Co. D.,
who showed [himself no novice in speaking.
Col. Wolford, of the Ist Kentucky Cavalry*
next took the stand. , His reputation as a sol
dier attracted all eyes to him. Ha had not pro
ceeded far before it became evident that the
stern warriot could become the eloquent orator.
He was succeeded by General Fry, who gave .
us a spirit-stirring speech. When ho left the
stand Capt. Curtin called for three cheers fur
Gen. Fry, wjiieh were given_ with a will. It is
a little remarkable that Gen. Fry*, Gen. Welsh, .
and Col. Wolford fought side by sidq in the
Mexican wai|. The latter was a member of
Capt. Fry’s Company, while; to use the words
of Gen. Fry,! “ Gen. Welsh was a gallant-pri
vate, a gallant corporal, and a gallant sergeant
in the regiment to which I belonged.”
Thus passed the day, to he remembered si'
one of /those [pleasant spots which are not too
plenty in a sdldier’s life.
We had scarcely reached camp when we
were greeted with marching orders, and by Kt ■
o’clock next day we had hid adien to Hus£on
villO. We encampedthat night at a little town
called Next day, Sunday, we diAnot.
break camp. | Monday witnessed out progress
southward about fifteen miles.' We reached
Columbia on Tuesday, 43 miles from Huston- .
villq. Wq lay.hero until "the 29tb, when wo
maijcbed to Jamestown, through a drenching
rain and over worse roads than any we hav4_
seen since we left Virginia. Jamestown is four
miles from the Cumberland river. As I said
before, the
uneven, and tji
cultivation it)!
While at Ja ]
upon our picks
driving in the 1
be 600 or 800 s
the town. Ha’
light, they dbul
surprising our]
found the 30th
tham, that regi
just come up.
and five or six [
ties were sent i
enemy had retir
On the 4th ir
of the -loth Pen
Michipin r -cQnn
36th Massachu!
grade mdvcmei
known, and np
haiTfullv counti
into Tennessee.
.thence-to Lebaii
iiely hot and
march 0f55 mil
While at Lei;
■pay. We took I
eled throngh a I
Hereweerosscc
3 MOSTH3. 6 MOHiaS. ISKOSTUti
......53,00 $4,50 ?&,00
5,00 6,50 s 3,08
7,00 8,60
jitbern part of the State in very
js but a small portion is under
ts little less than a wilderness,
nestown, the rebels made a dash
2ts, capturing the outposts and
reserve. %beir cavalry, said to
strong, camasithin 150 yards of
i ving made facir attack at day
ibt’eas counted upon completely
camp; but fortunately they
Massachusetts in line to receive
jment having, as if by accident*
As it isas.they got ten horses
prisoners. ReconnoitcHhgpar
>ut as far as the- river, but the
i red beyond the river. 1
: si., our brigade, consisting no#
on., 36tb Mass., 27tb and 17th
inanded byjCol. Bowman of the
s etts. left Jifficstown retro
ait, Tor reasona to ua then un
:pirer.tlyJ-jidireasonable; for we
;ud upon crossing at an early day
. We returned to Colnmbi a aid
on. The weatherwa* oppreas
tho roads' dusty, making our'
i lee 'anything bnt pleasant.
:anon; wercceived two months’
the cars the sameday, and trav
ieautiful country to Louisville.
1 theriverto JeUbrsontiHß, Tnd>,
10.00