RATES OF ADVERTISING.
Tour lines or less constitute half a square. Ten lines
er more than four, Constitute a square.
Half 14-) one day....... Tia 00 One eq.. one day..---. SO 00
1
, 4 one week.-- 120 " - one week.... 200
,‘ one month_ 000 cc one month.. 000
" three Months 500 gl three months 10 00
" flu maths.. 800 cc pis months.. 15 00
" one year......,32 co cc one year .» '2OOO
ltT Business notices inserted in the LOOLL COLUMN,
" before marriages and deaths, TEN OSNTS PER taws for
each insertion. To merchants and others adyertioing
by the year, liberal terms will be offered.
Er The number of insertions must be designated on
he advertisement.
117 - Marriages an d Deaths will be inserted at the same
tee as regular advertisements_
•
Businegi darbo.
ROBERT SNODGIVASS,
ATTORNEY. AT LAW,
o#ee with. Hon. David Mumma, jr., Third street,
above Market, Harrisburg, Pa.
N_B. Beauty sod Military chime of all
kinds prosecuted sad collected.
gefer to Hone John %%Kunkel, David
and B.A. leembertont.„
W_L E R ,
4 1-
4 . •FERGU•S,ON,
ATTORNEYS AT LAW,
Y opliqz IN- - -
SHOEMAKER'S BUILDINGS
SECOND STREET,
BETWEEN WALNUT and MARKET SQUARE,
ap5S-dacir Nearly opposite the Buehler House.
T HOS. C. MAcDOWELL,
ATTORNEY AT LAW ;
MILITARY CLAIM AND PATENT AGENT.
(race in Burke's .Row, .Third street, (Up. Start)
Having formed a connection with parties in Wash
ington City, wno are reliable business men, any busi
ness connected with any of the Departments will meet
with immediate and careful attention. m6-y
WEICHEL,
SURGEON AND OVM.TS2;
BZOIDRNOE THIRD NIAR NORTH STREET
T,R. 0.
He is now fully prepared to attend promptly to the
duties of profession in all its broaches.
A LONG AID 111117 811001811171 L 1111DIOAL LIPIIIIIIIOI
justifies him in promising till and ample satisfaction to
all who may favor hiniwith a call, be the disease Ohronis
or any ether nature. Tolt-ditwlY
TAILORING.
G330..A.. Ma 1:7 ar .
The subscriber is ready at NO. 94, MARKET BT.,
four doors below Fourth street, to make
MEN'S AND BOY'S CLOTHING
In any desired style, and with skill and promptness.
_Persons wishing cutting done can have it done at the
shortest notice. apTI-dly
CHARLES F. VOLLMER,
UPHOLSTERER,
Chestnut street, four doors above Second,
(Omani WAOHINOTOIN Hoes Holleis)
Is prepared to furnish to order, in the very beet style 01
workmanship, Spring and Hair Mattresses, Window Cur
tains, Lounges, and all other articles of Furniture in his
Use" on short notice end moderate terms. Mein; ex
perience in the business, he feels warranted in indium a
share of public patronage, confident of his ability to give
satiafaction. janl7-dtf
SILAS WARD_
NO. 11, NORTH THIRD ST., HARRIEUII7NO.
STEIIWA.If S S PIANOS,
MELODEONS, VIOLINS, 43ITITMMI,
Banjos, Flutes, Fifes, Drums, Accordeons,
STRINOII, asset ,uin seer 11171110, &e.„ &e,
PHOTOGRAPH FRAMES. ALBUMS,
Large Pier and Mantle Mirrors, Square and Oval Prime
eievery description made to order. Reguilding done.
Agency fey Howels Sewing Machines.
Ea' Sheet Music sent by Mail. oetl-1
JOHN W. GLOVER,
MERCHANT TAILOR !
Haa just received from New York, an assort
"v
a - SONABLE GOODS,
which he offers to his customers said the public at
zwe22) RIODERATE PRICES. dtf
W - HARRY WILLIAMS,
•
T..a.a9allllE ALISAMINT,
402 WALNUT STRUT,
PHILADELPHIA.
General Claims for Soldiers promptly collected, State
Claims adjusted, dm, fcc. mar2o4llm
SMITH & EWING,
A T TORNE.YS-AT-LAW,
THIRD STREET, Harrisburg,
Practice in the several Courts of Dauphin county. Col
lections made promptly. A. C. SMITH,
J. B. EWING.
T COOK, Merchant Tailor,
d s 2t CHBEINITT ST-, between Second and Front,
Has jvpt returned from the city with an assortment of
CLOTHS, CASSIMERES AND VESTIN&S,
'Which wfll be sold at moderate prices and made up to
order; and, also, an assortment of HEADY MADR
clothing and Gentlemen's Furnishing Goods.
novzl-iyd
DENTISTRY.
B. I. GILDEA, D. D. S I
- K . 0 . - 119 MARKET STRKETi
BY KIINSINS BITELDINII,I3? inertia.
janS4l
RELIG-lOUS BOOK STORE,
TRACT AND SUNDAY SCHOOL DEPOSITORY)
E. S. GERMAN.
IT SOUTH MORD ATILICIT, ADOVR OUNNOT,
KAMBIWZG, PA-
DepOt forthessie of Stereoessopes,Stereoseopielriews,
Movie and Musical Instruments. Also, subseri_ptlons
Salem for religious publiestiens. no3Q-47
JOHN Or. W. MARTIN,
FASHIONABLE
CARD. WRITER,
HERR'B HOTEL, HARRISBURG, PA.
Al!manner of VISITING, WEDDING AND BI7SI
- CARDS executed In the most artistic styles and
most reasonable terms. ibtel44tt
U NIO.N HOTEL ,
Itidg, Avenue, corner of Broad street,
HARRISBURG, PA.
The undersigned informs the public that he has re
cently renovated and refitted his well-known u traton
Hotel" on Ridge avenue, near the Round House, and is
prepared to accommodate eitizens, strangers and travel
ers in the best style, at moderate rates.
His table will be supplied with the best the maskete
afford, and at his bar win be found superior brands of
lignom and malt beverages. The very best accommo
dations for railroaders employed at the shops in this
vicsnitY. HENRY BOSTGEN.
F RANKLIN HOUSE,
BALTIMORI, MD.
ThIS pleasant and commodious Hotel has been tho
na va 11 ,44ted *n& re-fornishod. xt o,,,ga n cir
litontod on Borth-West corner of Howard and Pranklin
streets, a few doors west of the Northern Central Rail
way Depot. Ivory attention paid to the comfort of his
pint&Q. I ~ EIBSNBIN4 , Proprietor
pilßtf (We of igelbio Ci T ,„., ‘ , 14.)
T 111E0. F. EICHEFFER,
BMX CARD AND JOB PRINTER,
No. 18 SWUM STRBIT, HARRISBURG..
icr Particular attention paid to printing, ruling and
binding of Railroad Blanks, 'Manifesto, Insurance Poli
cia., Oheeke, itill-Heada, ice_
wagging, Visiting and Beeineell thirds printed at Tery
low prises and in the best style. ADZ
MESSRS. OHICKERING CO.
HAVE AGAIN OBTAINED THE .
GOL.D MEDAL!
AV On
KR.SINCHCSI FAI. BOSTON,
MELD TIN BOSTON,
0712 COMPETITOR!!!
Wazeroom for tkoCINECIEBRINS PIAIrOO, at Harris
burg. st, 94 Igozisot street.
gois-tt w• tioorro mom STORM.
III! •
Union
•
I. 711 111
patriot
yob. S.—NO. 231.
CIF IWO it anion.
SATURDAY MORNING, MAY 30, 1863.
ARBITRARY ARRESTS.
Jr"
w6m
HON. DAVID L. SEYMOUR,
At the Mao Nesting, Troy. New York, on Saturday
evening, May 23d.
The following is the report of Mr. Seymour's
remarks, at the.meeting on Saturday evening,
May . 2
3 :
FELLOW CITIZENS : We have assembled here
to-night to take our stand in behalf of civil
liberty. We have heretofore always been ac
customed to boast that we were born in a land
of liberty, and to contrast the condition of the
citizen in this country with that in foreign
lands. We have looked to the old world, and
to many parts of it boasting a high civiliza
tion, even claiming to be a land of law, and
where civil rights are regarded - and in some
degree protected. We have seen the press
muzzled, freedom of speech prohibited, and
freedom of debate banished from the assemblies
of the people. We were then wont to turn
with pleasure to the shores of once happy and
free America. And here, ever since the de
claration of our idependenoe, we have boasted
of our freedom—freedom to worship God ac
cording to the dictates of our consciences—
freedom of speech wherever we went among
our fellow-citizens—freedom of debate, and
freedom of the press. From the period of the
American Revolution, the right of free speech
and of a free press, has been most jealously
guarded. It has ever been the one grand
characteristic of American institutions. So
tenacious have we been of this great " home
bred right," as it was called by Daniel Web
ster—that the Constitution of the United States
has expressly declared that no law shall be
passed " abridging the freedom of speech or of
the press, or the right of the people peaceably to
assemble and to petition the government for a re
dress of grievances." Nay, more ; not only has
this right been dear to those born and nur
tured on American soil, but it has now for
near a century stood upon the headlands of
America a beacon to the oppressed of Europe.
It has shed its bright and never-dimmed lustre
across the Atlantic, inviting to our shores the
oppressed and down-trodden of all the nations
of the old world. Guided by its light and
cheered by its radiance, they' have come from
Ireland and England, from France and from
Germany. And now, answer ma , ye that have
left the homes of your youth across the ocean—
and ye the descendants of such—have you and
they come to these shores merely because you
could here ply your trade or vocation in life
with greater thrift ?—was it merely because
here was more room for the play of your ener
gies? or was it not a still higher and nobler
motive that animated you and them? Did
not your souls long for that emancipation of
thought and of speech which freedom in a land
of liberty only can give ? You panted for re
ligious freedom—you hungered and thirsted
for the liberty of speech—for free armech
itta /2.e. L/ dltlht.
It is this glorious idea of freedom of thought
and freedom of speech which has operated like
a talisman upon the oppressed of Europe, and
made America, in thelanguage of the eloquent
orator of Ireland, the "home of her emigrant
and the asylum of her exile."
It is this great constitutional right that we
are here to maintain by our presence—by our
words, and by our roices. 1 rejoice that the
people have assembled in such masses. When
I look around me and contemplate this great
assemblage—who have come up from all the
peaceful avocations of life—to do homage to
the liberty of a eitisen of this Republic, I feel
that the cause of our common country is yet
safe—l will not despair of the Republic—
while the masses of the people are prompt to
move for the defence of their constitutional
rights.
In what we do to-night we manifest our at
tachment to our government and its
We stand up in defence of the Constitution.
Two years ago when the guns for Fort Sump
ter aroused the people through the entire
breadth of the land; when we were told that
brave soldiers marching through Baltimore to
the protection of the capitol, were slain ; when
the threat was made that the government of the
people, under the Constitution, should be over
thrown, and the standard of rebellion planted
upon the capital of the nation, the men of the
North, with the greatest unanimity rallied to
the rescue. The:people of this city, you, my
fellow-citizens, assembled without respect of
party, and you resolved that you would devote
your best efforts to the cause of your country ;
you contributed your means in abundance.—
Net a city in this great State, hardly a town
in any county but has opened its treasury and
with a lavish band poured forth money for
arming and equipping the largest force ever
yet sent forth in defence of national existence
and constitutional rights.
Not only so, but our brave, intelligent and
patriotic youth have gone to the fields of battle,
by thousands and hundreds of thousands, and
their blood has been shed on more than a hun
dred battle-fields in defence of the Constitution
and the Union. A large majority of the voters
of this city and county were then, as we are
now, opposed to the men and to the party hold
ing the reins of government. _ But on that
emergency we rose above party and party eon
considerations. We felt that those who held
the reins of power, were only dressed in a
"little brief authority," as the servants of the
people. But we knew that the great pillars of
our government were founded upon the basis
of eternal troth and right. We were deter
mined to defend the Temple of Liberty whoever
might be the temporary guardians of it.
So—here to-night, it is not the individual,
Clement L. Vallandigham—no matter who or
what he may be. It is not a question as to
what party he may have belonged. It is not a
question whether he is a distinguished man or
an obscure man—nor whether he were patri
otic or unpatriotic—nor even whether he has
been for the war or opposed to the war. It is
a question of public right, violated and outraged
question of consti.
through an individual.A
tutional right, trodden down and trampled under
foot, in order to vent the spleen of the admin
istration or some of its officials upon an indi
vidual
Let us not be misunderstood or misinter
preted. When the Democratic party and all
conservative men joined with all other loyal
men at the North to Maintain the government
against an unjust and wicked rebellion—we did
it for the sake of our Constitution and the laws
—for the sake of the government founded by
Washington—not for the sake of an adminis
tration headed by Lincoln. No, if the latter
only had been concerned,
we might have left
them to their fate-;-we might have said to them,
you have made up your bed with the fanatical
Abolitionists, you have goaded athe South to
madness by your absurd and wleked theories ,
you have sowed the wind and you now reap the
whirlwind. •
SPEECH
o
El ALC Mb' tit IK(1, PA., S ATU RDAY, MAY 30 1563.
But we loved the old flag, we revered the
Constitution of our fathers,
and we rallied and
will still continue to rally for its defence.
And who is Clement L. Vallandigham ?
What his antecedents were before he appeared
in public life, we know not. For four years he
has represented one of the most wealthy and
intelligent consittuencies in the State of Ohio
in Congress. His district extended up the
valley of the Miami from Cincinnati, and em
braced the populous and wealthy town of Day
ton, where he resided.
His course in Congress as a public man is
the most important part of his history for our
consideration. And without particularizing, it
may be said that he has, from the beginning to
the'present time, failed to see in this Southern
rebellion that danger to the government which
was apparent to almost the entire population
of the Free States. While he professed to be
lieve that the right of secession,clauned by the
South, was subversive of our whole system of
government, he seems to have labored under
the delusion that if we would not raise armies
or equip navies and seek with them to put down
the rebellion, that the rebellion would soon put
itself down. That all our government had to
do, was to have a few beautiful theoretical
speeches made, and then sit down as the old
Boman Senators did in their capital when as
saulted by the Gauls, until the insurgent le
gions should batter down its walls and cut their
throats. Hence, in Congress, he was not the
advocate of the war measures of the govern
ment; and if at any time he sustained them, his
support was cool and reluctant.
Since he left public life, he has continued,in
public discussions, to sustain his own peculiar
views. He has criticised the measures of gov
ernment. He has denounced the administra
tion for its vascilating policy, and its illegal
and unconstitutional measures. Whether he
was right or wrong in his belief, is not a ques
tion now. He had a right to his opinion; and
in this country of free opinion and free speech he
had a right to express his opinion. He had
that same right that you or I have to do it.—
We, or most of us at least, have differed from
him in opinion, as to the mode of dealing with
this rebellion. We have deemed some of his
views, an to the present crisis in our country,
erroneous and fatal to the government if they
were adopted. •
Although at times, his votes, and his general
bearing in Congress, have not risen to that high
mark of patriotic devotion, demanded, as we
believe, by the present crisis ; yet, he had a
right to his own opiniont, and a right to ex
press them freely. It is certainly due to Mr.
Vallandigham to let him speak for himself.
In one of hie recent speeches in Congress,
speaking of himself and those political friends
who acted with him, he thus eloquently refers
to the Constitution and maintains the right of
the people under it
"We seek no revolution, except through the
ballot box. The conflict to which we challenge
you is not of arms but of argument. Do you
believe in the virtue and intelligence of the
people ? Do you admit their capacity for self
government ? Have they not intelligence
enough to understand the right, and virtue
enough to pursue it? Come, then, meet •us
through the press and with free speech, and
before the assemblages of the people, and we
will argue these questions, as we and our fa
l'oliebilffint-401111 AAR Oft bejoeftgati
wrong or you wrong ?' And by the judgment
of the people we will, one and all, abide.
"I have spoken as though the Constitution
Survived, and was still the supreme law of the
land. But if, indeed, there be no Constitution
any longer, limiting and restraining the men
in power, then there is none binding upon the
States or people. God forbid. We have a
Constitution yet, and laws yet. To them I
appeal. Give us our rights; give us known
and fixed laws; give us the judiciary; arrest
us only on due process of law ; give us pre
sentment or indictment by grand juries; speedy
and public trial; trial by jury and at home;
tell us of the nature and cause of the accusa
tion; confront us with witnesses; allow us wit
nesses in our behalf, and the assistance of
counsel for our defence ; secure us in our per
sons, our homes, our, papers and our effects ;
• leave us arms, not for resistance to law or
against rightful authority, but to defend our
selves from outrage and violence; give us free
speech and free press ; the right peacably to
assemble; and, above all, free and undisturbed
elections and the ballot ; take our sons, take
our money, our property, take all else, and we
will wait a little, till at the time and in the
manner appointed by Constitution and law we
shall eject you from the trusts you have abused,
and the seats of power you have dishonored,
and other and better men shall reign in your
stead."
He is right in claiming freedom of thought
and of speech. No gag law on the press ; no
swords, nor bayonets, nor chains, nor prisons,
nor exile, can, under our Constitution, legally
restrain or repress them. This is true in mor
als, in social life and in religion. It is true of
the Atheist, the Mormon and the Abolitionist.
Even the Abolitionists—the Phillipses, the
Sumners, the Wades, the Garrisons, and their
whole tribe—have a right to preach heretical
doctrines, and to bring about, if they can, an
amalgamation of the white and black races.
And it would seem in the view of the present
administration, they thay go farther. They
may even denounce the government and the
Constitution as a "league with hell," and yet
this government has no edicts of martial law
to forbid them. Neither Burnside at Cincin
nati, nor Gen. Wool at New York, has been in
structed by the administration that such direct
and most roaliekuse attacks upon our Consti
tution, are "giving aid and comfort to the
enemy."
While Vallandigham was denouncing the
policy of the administration in Ohio, Garrison
and Phillips and the Abolitionists of the North,
were assembled in New York, to denounce the
Constitution, for the support of which the
loyal men of all parties are expending their
money and shedding their blood.
Let the President and his Cabinet, so sensi
' tire, to criticisms upon their policy, forget
themselves if they can, and think of the Con
stitution thus assailed. And if the rigor of
martial law and imprisonment in a fortress, or
banishment from the country, is adjudged to
be due to the man who too severely, and even
untruly criticises them, let them mete out to
their Abolition allies, even-handed justice in
such punishment as shall be due to them for
their gross and traitorous attacks upon our
glorious Constitution.
But, fellow-citizens, the traneactione by
which a citizen, in the midst of the pursuits of
civil life, has been outraged, demands a more
Minute and careful consideration. At his
quiet home, in the dead of the night, he was
seized by armed men, carried before a military
tribunal, and there, in the midst of a large, well
ordered city, surrounded by all the muniments
of the Common Law, the Statute Law, the Con
stitution of the State of Ohio, and the Consti
tution of the 'United States, was tried without
the forms of law, was ondeninad. and Sen
tenced.
What a commentary upon our boasted liber
ties t Let us look at the steps and progress Of
this despotic sot.
First oases Gen. Burnoide's order, N0.,88.
In this order, among other things, he says, "It
must be understood that treason, expressed or
implied, will not be tolerated in this Department."
Afterward, in explanation of this order, he
further says, among other things, that 64,411
newspapers or public speakers that endeavor to
bring the war policy of the government into
disrepute, will be considered as violating the
order above alluded to, and treated accor
dingly."
Mr. Valiandigham meets his fellow citizens in
his old Congressional District. He discus
ses the questions of the day. Re discusses
them as public measures. He discusses them
with freedom. I cannot quote at length the
language he used even as it was attempted to
be proved on his trial. I will, however, give
the substance, as it is stated by the New York
Evening Post, a newspaper, as you all know, of
the Republican school, and disposed to put the
most unfavorable construction upon Mr. Val
landigham's language. That paper sums up
thus :
"Vallandigham's offences have been as yet
confined to the uee of foolish words. He calls
Mr. Lincoln bad names ; he denounces the
Republican party ; he abuses Burnside's new
military orders - and his example and instruc
tions are exceedingly pernicious. But, alas,
we cannot, in the spirit of Anacharsis Kloot's
demand, hang all the dastards and scoundrels
at discretion. Vallandigham has not, that we
hear, committed any overt act of treason ; he
has net resisted the laws, though he has per
haps counselled resistance; and until he does,
his silly babbling must be allowed to pass for
what it is worth. It is not likely to persuade ►
more than a few ignorant or malignant men to '
do wrong."
We agree with the Evening Post, and all
other public journals, in denouncing these ar
bitrary powers sought to be exercised. Now,
on our own account let us ask a few questions
—questions which will readily occur to any
plain man.
General Burnside says in his order No. 38
"It must be distinctly understood that treason
expressed or implied, will Rot be tolerated in this
department." Pray, will the redoubtable Gen
eral tell us what he means by implied treason
—what acts, what declarations or man amount
to implied treason, according to General Burn
side's order ? Who raises and declares the
implication, General Burnside or some Captain
Bopadil detailed to ad upon the court mar
tial ? This is the all important point. Who
raises the implication and declares it to exist ?
One man would raise it from language which
another would declare perfectly loyal.
There was a time in France when the doc
trine of implied treason prevailed, and it sent
thourands of the best men and purest patriots
to the guillotine.
There was a time in England when the doc
trine of implied or constructive treason, as it
was there called, prevailed, and it sent some
of the noblest spirits of that country to the
Even in this county, while we were colonies
of Great Britain, the doctrine of implied treason
was attempted to be maintained. When John
Hancock, the merchant prince, who nobly de
voted his wealth and talents to the cause of
our liberty and independence, met the people
of Boston to commemorate the massacre of the
sth day of March, 1770—the old South Church
teaed` tlielreseLtut Ott irstrodebou - y of
grenadiers with fixed bayonets and loaded
guns—and he, too, was notified that he would
not be permitted to say anything deregatory
to the war policy of George the Third, and
that if he did he would be arrested for imp lied
treason.
With these notable examples before the pa
triots of 1776—they have in the Constitution
of the United States, expressly announced in
what treason against the United States shall
consist. In that instrument they declare that
it shall consist only in levying war against the
United States—" or in adhering to their ene
mies giving them aid and comfort!" They
also declare that "no law shall be passed
abridging the freedom of speech or of the
press."
There is, therefore, in this country, no such
offence as implied treason—and the use of free
speech in discussing the policy of the govern
ment, and that too, with boldness and even
severity, is not and cannot be held to be "ad
hering" to our enemies, "giving them aid and
comfort."
Any different construction of the constitu
tional definition would "confound all right of
free speech. It would lead us into the worst
of despotisms. It would place us under a des
potism as galling as that of Louis Napoleon.
Let the strange doctrine be once sanctioned
that a discussion, or even a denunciation of
the policy of the 'administration, is the giving
of "aid and comfort" to the enemies of the
United States, and our liberties are at an end .
—the press is silent—the speakers are silent—
and the government, like that of France to
day, moves along in the. dead, dumb, leaden
track of despotism..
I am glad to find that even a part of the
Republican press of this country denounce this
doctrine of implied treason, as dangerous to
the liberties of the country. I quote again the
New York Evening Post:
" No government and no authorities are to
be held as above criticism or even denuncia
tion. We know of no other way of correcting
their faults—spurring on the sluggishness, or
restraining their "tyrannies, than by open and
bold discussion. How can a popular govern
ment, most of , all, know the popular will, and
guide its course in the interest of the the com
munity, unless it be told from time to time
what the popular convictions and wishes are ?
Despotisms, like that of Louis Napoleon or the
Czar of Russia, have no need of this inspira
tion and control from the people, because they
are not administered in the interests of the
people, and look to those of a single man or
family which can very well manage its own
affairs. But a Republic lives alone in its fidelity
to the sentiments of the whole nation.
"Abuses and licenses of course adhere to
this unlimited freedom of public criticism ; but
these are apparently inseparable from the use;
awl without the abuse we should scarcely have
the use. It is a question, too, who is to draw
the line between the use and the abuse outside
the
.courts established for the detection and
punishment of all offences ? If Vallandigham's
peace nonsense is-treasonable, may not Gree
ley's be equally so ? If he cannot arraign the
conduct of the war, can Mr. Schalk, who has
written a book on strategy, which is the se
verest arraignment of it yet printed? If he
may not question the propriety or justness of
Burnside's orders, may the Enniny Post, or a
thousand other journals, venture to hint a
doubt of the superhuman military abilities of
General Halleek ? We know it may be said
that his motives are bad and treasonable, while
those of the other are loyal; but tribunals and
commissions cannot inquire into motive.—
Deeds are tangible, but not thoughts."
The sentiments thus ably expressed are to
day echoed and re-echoed by the great major.
rity of the presses and all loyal people in the
free States.
But let us look a little farther into this
transaction—this drama of despotism. What
was the character of the charge against Val
landigham It was not that he committed any
PRICE TWO CENTS.
overt act of treason. But in substance, that
at a public meeting of citizens, held on the Ist
day of May, 1863, at Mount Vernon, Knox
county, Ohio, he had used certain language
with regard to the war, the policy of the ad
ministration in maintaining it, the feasibility
of obtaining an honorable peace through the
mediation of France; and his belief that the
administration were attempting to establish a
despotism in this country, &0., &c. ; and this
is charged as treasonable, inasmuch as it was
alleged to be giving "aid and comfort to the
enemy."
Now in the first place, mark the character
of these charges. They relate to the policy
of the government, the feasibility of a peace,
and a belief that the administration were about
to establish a despotism in this country. Had
he not a right to discuss the policy or the ad
ministration as to this war, if he could find out
what their policy is ? We all once thought we
understood it. We read the President's proc
lamation or message at the beginning of the
war, and he said the object of the administra
tion, its policy, was to restore the Constitution
and the Union. It was a noble policy. It
was worthy of a President to restore the Con
stitution and the Union. This sentiment elec
trified the North. One and all we rallied around
the President. The brave, the talented and
patriotic Gen. Geo. B. M'Clellan was placed at
the head of the Army of the Potomac, and
proud of him and prouder still of our old flag
and our glorious Union, we rallied for the
"Constitution and the Union."
But after a while a change came over the
President. One hundred clergymen from the
West had come to Washington, and they had
urged the President to issue a proclamation to
emancipate the slaves of the South. Not merely
the slaves of rebel masters, but the slaves of an
entire State; or district ; the slaves of Union
as well as the slaves of rebel masters. The
President at first recoiled from such an unwise
and unconstitutional proposition. He saw that
a war waged for the integrity of the Union and
the Constitution could not consistently be made
a war of emancipation. And here it was that he
made to these Abolition clergymen and their
allies, the Phillipses and Garrisons of the East,
that famous reply that it would be as useless
and as ridiculous to issue an emancipation
proclamation as it was for a Pope many centu
ries ago to issue a Bull against a comet. The
comet would come and go in spite of the Bull,
and slavery would exist in spite of the procla
mation. But the President at last yielded to
the Abolitionists and issued the proclamation,
and shortly after—(an ominous coincidence!)
and but a little subsequently to the great vic
tory won by Gen. M'Clellan over Lee and
Stonewall Jackson at Antietam; the only great
battle as yet I believe won by the Army of the
Potomac, he removed that great constitutional
and ceneervative general from the command of
the army.
Now all this seems to have puzzled Mr. Val
landigham, and he supposed that the war was
really waged for the emancipation of the slaves
rather than the suppression of the rebellion.
And so with regard to a refusal of the inter
vention of France for peace and the opinion
that the government was about to establish a
despotism upon the ruins of our free republi
can form of government. Mr. Vallandigham
was unable to unravel the policy of this wise
can see, more clearly than Mr. Vallandigham.
The man who supposes that the administra
tion can, if they would, make this a mere Abo
lition war,knows but little of the people of
this country and the theory of our govern
ment. The man who now supposes that the
people of this country are prepared to make
peace without securing the ascendancy of the
Constitution and the supremacy of the laws,
knows but little of the deep and determined
feeling which exists in the great masses of the
people of theiree States on this subject. They
believe that their cause is just, and that this
rebellion ought to be put down, and that the
very existence of their government as an Uni
ted Republic depends upon putting down the
doctrine of secession. Equally absurd is the
idea that we are verging to a despotism.
Thera may be some who fear this result from
the war. But no man of common sense can for
a moment suppose that 20,000,000 of freemen
in the free States of the North are about qui
etly to surrender their free institutions to any
political party or to any military chieftain.
All the combined powers of Europe cannot
conquer our liberties and raise a monarchy
here.
The men who fear that a mere political party
can conquer them have not correctly calcula
ted the strength of our Government, founded
upon the true principles of Democratic equal
ity and freedom. They have yet to learn " what
constitutes our State," and that it is
"Not high raised battlement or labour'd mound,
Thick wall or 'mooted gate;
Nor cities, proud with spires and turrets crowned,
Nor bays and broad armed ports,
Where, laughing at me storm , rich navies ride;
Nor stared and spangl'd courts,
Where low-browed baseness wafts perfume to pride.
No ; men—high-minded men,
With powers as far above dull brutes endued
In forest, brake or den,
As beasts excel cold rocks and brambles rude ;
Men, who their duties know,
But know their rights, and knowing, dare maintain.
Prevent the long-sim'd blow,
And crush the TYIiANT while they rend the chain. ,,
But it seems Mr. Vallandigham discussed
these points, and Gen. Burnside was alarmed,
like some other • military exotics, vrhett they
imagine their dignity insulted and power
questioned. He issued Order No. 88, and
finally arrested Mr. Vallandigham, tried him
before a military court of the General's own
selection, who of course found him guilty—
guilty of treason—guilty of giving "aid and
comfort to the enemy."
I have said that this outrage upon the consti
tutional rights of the citizen was consum
mated in one of the most populous and refined
cities of our country, and amid all the muni
ments of law and constitutional right.
But let us look at this part of the trancaction
more particularly. It, deserves a closer scru
tiny to fully impress us with the atrocious
character of this act.
The accused was surrounded by all the pro
tections of the law ; the common law of the
land—the Constitution and statutes of the State
of Ohio—the Constitution and laws of the
United States—all giving him free speech, and
all guaranteeing to him the protection of life,
liberty and property, under the laws of the
land.
I will here eall your particular attention to
laws of Congress on this very subject—a law
passed in 1862, to meet all oases arising out of
the disturbed'state of the countay during this
rebellion. I quote the sections relative to this
topic as follows :
"Sec. 2. And be it further enacted, That if
any person shall hereafter incite, set on foot,
assist, or engage in any rebellion or insurrec
tion against the authority of the United States,
or. the laws thereof, or shall give aid or comfort
tharto, or shall engage in or give aid and com
fort to any such existing rebellion or, insurrection,
arid be convicted therecif, such person shall be
punished by imprisonment for a period not
exceeding ten years, or by a fine net exceeding
ten thousand dollars, and by the' liberation of
all his slaves, if any he have; or by both of
said punishments, at the discretion of the
court.
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"SEC. 3. And be it further enacted, That every
person guilty of either of the offences described
in this act shall be forever incapable and die
qualified to hold any office under the United
States.'
The tribunal to take cognizance of such eases
and questions distinctly appears from the con
cluding section of this statute, as follows:
" SEC. 14. And be it further enacted, That the
courts of the.'United States shall have full
power to institute proceedings, make orders
and decrees, issue process, and do all other
things necessary to oarry this act into effect."
Here, then, is a law upon our statute book,
where it has now remained for nearly a year,
providing for the trial of this very offence with
which Mr. Vallandigham was charged—for
giving "aid and comfort" to the rebellion or
insurrection. •
Under this law he was required to be tried
before a court of the United States. He had
a right before this court to a trial by jury.
Again—be petitioned a judge of the courts
of the United States for the benefit of the writ
of habeas corpus.
lie claimed this right, but was deprived of
it in gross violation of the laws of the land.
That was refused, in a state too, where
martial law had not yet been pro claimed—and
where the civil, common and statute laws were
supposed yet to be in full force.
He was not subject to military jurisdiction,
but to the jurisdiction of the courts of law, to
whom he should have been turned over, to be
dealt with by them according to law. This
course of procedure is expressly provided by
an act passed by the last Congress, and ap
proved by the President on the 3d of March,
1863. Look at its provisions—rendered im
peratively necessary by the arbitrary arrests
made by the government, from time to time,
since the breaking out of the rebellion—and
furthermore, intended to prevent such arrests
in the future, and to provide for all persons ar
rested according to law, the relief and protec
tion of laws, and the administration of judicial
tribunals. Here is that part of the statute
applicable to the case :
“Be it enacted by the Senate and House of Rep
resentatives of the United States of America in
Congress assembled, That during the present
rebellion, the President of the United States,
whenever, in his judgment, the public safety
may require it, is authorised to 'impend the
writ of habeas corpus in any else throughout
the United States, or any part thereof. And
whenever and wherever the said privilege shall
be suspended; as aforesaid, no military or other
officer shall be compelled, in answer to any
writ of habeas corpus, to return the body of any
person or persons detained by him by author
ity of the President ; but upon the certificate,
under oath, of the officer having charge of any
one so detained that such person is detained
by him as a prisoner under authority of the
President, further proceedings under the writ
of habeas corpus shall be suspended by the
judge or court having leaned the said writ so
long as said suspension . by the President shall re
main in force and said rebellion continue.
" Sec. 2. And be it further enacted, That the
Secretary of State and the Secretary of War
be and they are hereby directed, as soon as
may be practicable, to furnish to the judges of
the circuit and district courts of the United
States and of the District d Calrimhia. nat. of
wurznle, n aunanistration the laws has continued
unimpaired in the said Federal courts, who are
now, or-may hereafter be, held as prisoners of the
United States, by order or authority of the Presi
dent of the United States or either of said Secre
taries, in any fort, arsenal, or other piste, as
State or political prisoners, or otherwise than
as prisoners of war; the said list to contain the
names of all those who reside in the respective ju.
risdictions of said judges, or who may be deemed
by the said Secretaries, or either of them, to
have violated any law of the United States in
any of said jurisdictions, and also the date of
each arrest; the Secretary of State to furnish
a list of such persons as are imprisoned by the
order or authority of thti President, acting
through the State Department, and the Secre
tary of War a list of such as are imprisoned
by the order or authority of the President,
acting through the Department of War_ And
in all eases where a grand jury, having attended
any of said courts having jurisdiction in the
premises, after the passage of this not, and
after the furnishing of said list as aforesaid,
has terminated its session without finding an
indictment, or presentment, or other proceed
ing against any such person, it shall be the duty
of the judge of said court forthwith to make an
order that any such prisoner desiring a discharge
front said imprisonment be brought before him to
be discharged; and every officer of the United
States having custody of such prisoner is hereby
directed immediately to obey and execute said
judge's order ; and in case he shall delay or re
fuse so to do, he shall be subject to an indiet
meat for a misdemeanor, and be punished by
a fine of not less than - five hundred dollars
and imprisonment in the common jail for a pe
riod not less that six months, in the discretion
of the court: Provided, however, That no per
son shall be discharged by virtue of the pro
visions of this act until after ho or she shall
have taken an oath of allegiance to the Gov
ernment of the United States, and to support
the Constitution thereof ; and that he or she
will not hereafter in any way encourage or give
aid and comfort to the present rebellion, or the
supporters thereof : And provided also, That
the judge or court before whom such person
may be brought, before dischirging him or her
from imprisonment, shall have power, on ex
amination of the case, and, if the ti üblic safety
shall require it, shall be required to cause him
or her to enter into recognizance, with or with
out surety, to keep the peace an di be of good
behavior towards the United States and its
citizens, and from time to time, and at such
times as such judge or court may direct, ap
pear before said court or judge to be dealt with
according to law, as the circumetances may
require. And it shall be the duty of the dis
trict attorney of the United States to attend
such examination before the judge.
• "Sec. 3. And be it further enacted, That in
case any of such prisoners shall be under in
dictment orProsentlnCrit for any ammo *pint
the laws of the United states, and by existing
laws bail or a recognizance may be taken for
the appearance for trial of such person, it shall
be the duty of said judge et tam to dieeharge
such person upon bail or recognizance for
trial as aforesaid. And incase the said Seine-
Wive of State and War shell for soy reason
refuse or omit to furnish the said list of persons
held as . prisoners . as ty:orsaaid at the time of thipas
sage of this act within twentY days thereafter, and
of such persons as hereafter may he arrested within
twenty days from the time of the arrest, any citi
zen may, after a grand jury shall have termina
ted its session without finding an indictment
or presentment,, as provided in the sesond sec
tion of this act, by e v petition alleging the facts
aforesaid touching any of the persons so as
aforesaid imprisoned, supported by the oath of
such petitioner or any other credible person,
obtain and be entitled to have the said judge's
order to discharge such prisoner on the same
terms and eonditiond prescribed in the second
section of this act: Provided however , That
the said judge shall be satisfied such Wert
lions are true,"
• The above provisions cover the whole ground