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the benefit of the writ of habeas corpus is the great means through
which the guarantees of personal liberty are conserved and made
available in the last resort； and corroborative of this view is the
fact that Mr。 Vallandigham； in the very case in question； under the
advice of able lawyers； saw not where else to go but to the habeas
corpus。 But by the Constitution the benefit of the writ of habeas
corpus itself may be suspended when； in case of rebellion or
invasion； the public safety may require it。
You ask； in substance； whether I really claim that I may override all
the guaranteed rights of individuals； on the plea of conserving the
public safety when I may choose to say the public safety requires it。
This question； divested of the phraseology calculated to represent me
as struggling for an arbitrary personal prerogative； is either simply
a question who shall decide； or an affirmation that nobody shall
decide； what the public safety does require in cases of rebellion or
invasion。
The Constitution contemplates the question as likely to occur for
decision； but it does not expressly declare who is to decide it。 By
necessary implication； when rebellion or invasion comes； the decision
is to be made from time to time； and I think the man whom； for the
time； the people have； under the Constitution； made the
commander…in…chief of their army and navy； is the man who holds the
power and bears the responsibility of making it。 If he uses the
power justly； the same people will probably justify him； if he abuses
it； he is in their hands to be dealt with by all the modes they have
reserved to themselves in the Constitution。
The earnestness with which you insist that persons can only； in times
of rebellion； be lawfully dealt with in accordance with the rules for
criminal trials and punishments in times of peace； induces me to add
a word to what I said on that point in the Albany response。
You claim that men may； if they choose； embarrass those whose duty it
is to combat a giant rebellion； and then be dealt with in turn only
as if there were no rebellion。 The Constitution itself rejects this
view。 The military arrests and detentions which have been made；
including those of Mr。 Vallandigham； which are not different in
principle from the others； have been for prevention； and not for
punishmentas injunctions to stay injury； as proceedings to keep the
peace； and hence； like proceedings in such cases and for like
reasons； they have not been accompanied with indictments； or trials
by juries； nor in a single case by any punishment whatever； beyond
what is purely incidental to the prevention。 The original sentence
of imprisonment in Mr。 Vallandigham's case was to prevent injury to
the military service only； and the modification of it was made as a
less disagreeable mode to him of securing the same prevention。
I am unable to perceive an insult to Ohio in the case of Mr。
Vallandigham。 Quite surely nothing of the sort was or is intended。
I was wholly unaware that Mr。 Vallandigham was； at the time of his
arrest； a candidate for the Democratic nomination for governor until
so informed by your reading to me the resolutions of the convention。
I am grateful to the State of Ohio for many things； especially for
the brave soldiers and officers she has given in the present national
trial to the armies of the Union。
You claim； as I understand； that according to my own position in the
Albany response； Mr。 Vallandigham should be released； and this
because； as you claim； he has not damaged the military service by
discouraging enlistments； encouraging desertions； or otherwise； and
that if he had； he should have been turned over to the civil
authorities under the recent acts of Congress。 I certainly do not
know that Mr。 Vallandigham has specifically and by direct language
advised against enlistments and in favor of desertion and resistance
to drafting。
We all know that combinations； armed in some instances； to resist the
arrest of deserters began several months ago； that more recently the
like has appeared in resistance to the enrolment preparatory to a
draft； and that quite a number of assassinations have occurred from
the same animus。 These had to be met by military force； and this
again has led to bloodshed and death。 And now； under a sense of
responsibility more weighty and enduring than any which is merely
official； I solemnly declare my belief that this hindrance of the
military； including maiming and murder； is due to the course in which
Mr。 Vallindigham has been engaged in a greater degree than to any
other cause； and it is due to him personally in a greater degree than
to any other one man。
These things have been notorious； known to all； and of course known
to Mr。 Vallandigham。 Perhaps I would not be wrong to say they
originated with his special friends and adherents。 With perfect
knowledge of them； he has frequently if not constantly made speeches
in Congress and before popular assemblies； and if it can be shown
that； with these things staring him in the face he has ever uttered a
word of rebuke or counsel against them； it will be a fact greatly in
his favor with me； and one of which as yet I am totally ignorant。
When it is known that the whole burden of his speeches has been to
stir up men against the prosecution of the war； and that in the midst
of resistance to it he has not been known in any instance to counsel
against such resistance； it is next to impossible to repel the
inference that he has counseled directly in favor of it。
With all this before their eyes； the convention you represent have
nominated Mr。 Vallandigham for governor of Ohio； and both they and
you have declared the purpose to sustain the national Union by all
constitutional means。 But of course they and you in common reserve
to yourselves to decide what are constitutional means； and； unlike
the Albany meeting； you omit to state or intimate that in your
opinion an army is a constitutional means of saving the Union against
a rebellion； or even to intimate that you are conscious of an
existing rebellion being in progress with the avowed object of
destroying that very Union。 At the same time your nominee for
governor； in whose behalf you appeal； is known to you and to the
world to declare against the use of an army to suppress the
rebellion。 Your own attitude； therefore； encourages desertion；
resistance to the draft； and the like； because it teaches those who
incline to desert and to escape the draft to believe it is your
purpose to protect them； and to hope that you will become strong
enough to do so。
After a short personal intercourse with you； gentlemen of the
committee； I cannot say I think you desire this effect to follow your
attitude； but I assure your that both friends and enemies of the
Union look upon it in this light。 It is a substantial hope； and by
consequence a real strength to the enemy。 If it is a false