Liberty in the Nineteenth CenturyHolland, Frederic May
Philosophy
Liberty in the Nineteenth Century
Holland, Frederic May
Liberty; Social history
VII. The innate incompatibility of war and liberty was disclosed by the
unfortunate fact that even Lincoln was obliged to consent unwillingly to
war measures of a very questionable sort; for instance, the conscription
and that Legal Tender Act which was really a forced loan, and which has
done much to encourage subsequent violations of the right of property by
both Republicans and Democrats in Congress. More harm than good was done
to the Union cause by arbitrary arrests for talking and writing against
the war. Phillips declared, in December, 1861, that "The right of free
meetings and a free press is suspended in every square mile of the
republic." "At this moment one thousand men are bastilled." Hale and
other Republican Senators remonstrated; and so patriotic an author as
Holmes said that teapots might be dangerous, if the lids were shut. All
political prisoners but spies were released by the President early in
1862; and there were no more arbitrary arrests except under plea of
military necessity.
Failures of Union generals encouraged opposition to the war from men who
still preferred compromise; and their disaffection was increased by
the passage, in March, 1863, of a bill establishing a conscription and
putting all the people under martial law. The commander of the military
district that included Ohio issued orders which forbade "declaring
sympathy for the enemy," and threatened with death "all persons within
our lines who harbour, protect, feed, clothe, or in any way aid the
enemies." These orders were denounced as unconstitutional at a public
meeting before more than ten thousand citizens. Many wore badges cut
from the large copper coins then in use and bearing the sacred image
and superscription of Liberty. This practice brought the nickname
"Copperheads" upon people who longed to have the South invited back
on her own terms. Such a policy was recommended at the meeting by
Vallandigham, who had recently represented Ohio in Congress. He called
upon the people to vote against the "wicked war," and said he would
never obey orders aimed against public discussion.
For this speech he was arrested at night, by soldiers who broke into
his house, tried by court-martial, and sentenced on May 7, 1863, to
imprisonment during the remainder of the war. A writ of _habeas corpus_
was refused by the United States Court, which admitted itself "powerless
to enforce obedience." At the clang of war, laws are silent.
Public-domain text, read in full here on John Shaqi.
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