Life of Abraham Lincoln, Sixteenth President of the United StatesCrosby, Frank
History
Life of Abraham Lincoln, Sixteenth President of the United States
Crosby, Frank
Lincoln, Abraham, 1809-1865
Breckinridge, General Robert E. Lee, General Joseph E.
Johnston, General John B. Magruder, General William B. Preston,
General Simon B. Buckner, and Commodore Franklin Buchanan, now
occupying the very highest places in the rebel war service,
were all within the power of the Government since the rebellion
began, and were nearly as well known to be traitors then as now.
Unquestionably, if we had seized and held them, the insurgent
cause would be much weaker. But no one of them had then committed
any crime defined by law. Every one of them, if arrested, would
have been discharged on _habeas corpus_, were the writ 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 constitutional in localities
where rebellion actually exists, but that such arrests are
unconstitutional in localities where rebellion or insurrection does
_not_ actually exist. They insist that such arrests shall not be
made ‘outside of the lines of necessary military occupation and the
scenes of insurrection.’ Inasmuch, however, as the Constitution
itself makes no such distinction, I am unable to believe that there
_is_ any such constitutional distinction. I concede that the class
of arrests complained of can be constitutional only when, in cases
of rebellion or invasion, the public safety may require them; and
I insist that in such cases they are Constitutional _wherever_ the
public safety does require 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
interference with the raising and supplying of armies to suppress
the rebellion, as where the rebellion may actually be; as well
where they may restrain 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. Vallandigham was, by a military commander, seized and tried
‘for no other reason than words addressed to a public meeting, in
criticism of the course of the Administration, and in condemnation
of the military orders of the general.’ Now, if there be no mistake
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 the arrest, as I understand, was made
for a very different reason. Mr. Vallandigham avows his hostility
to the war on the part of the Union; and his arrest was made
because he was laboring, with some effect, to prevent the raising
Public-domain text, read in full here on John Shaqi.
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