Resolved, That, as democrats, we are determined to maintain this patriotic attitude, and, despiteof adverseanddishearteningcircumstances, to devote all our energies tosustainthe cause of the Union, to securepeace throughvictory, andtobringhack the restorationof all the Statesunderthesafeguards of the Constitution.
; stitution at the close of the revolution." "Would not the demonstration have been better, if it could have been truly said that these safeguards had been adopted and applied during the civil wars and during our revolution, instead of after the one andat the close ofthe other? I, too, am devotedly for them after civil war, and before civil war, and at all times, "except when, in cases of re- bellion or invasion, the public safety may require" their suspension. The reso- lutions proceed to tell us that these safeguards "have stood the test of seventy- six years oftrial, under our republicansystem,under circumstances whichshow that while they constitute the foundation of all free government, they are the elements of the enduring stability of the republic." No one denies that they have so stood the test up to the beginning of the present rebellion, if we except a certain occurence at New Orleans nor does any one question ; that they will stand the same test much longer after the rebellion closes.
5 question as to whowas to suspend it; meanwhiletheirspies andothersmightre- mainatlarge tohelpontheircause. Orif,ashashappened,theExecutiveshould suspend the writ, without ruinous waste oftime, instances of arresting innocent persons might occur, as are always likely to occur in such cases; and then a clamor could be raised in regard to this, which might be, at least, of some ser- vice to the insurgent cause. It needed no very keen perception to discover thispartoftheenemy's programme, so soonasbyopenhostilitiestheirmachinery was fairly put in motion. Yet, thoroughly imbued with a reverence for the guaranteed rights ofindividuals, I was slow toadopt thestrongmeasures which by degrees I have been forced to regard as being within the exceptions of the Constitution, and as indispensable to the public safety. Nothing is better known to history than that courts of justice are utterly incompetent to such cases. Civil courts are organized chiefly for trials of individuals, or, at most, a few individuals acting in concert; and this in quiet times, and on charges ofcrimes well defined in the law. Even in times of peace bands of horse- thieves and robbersfrequentlygrow toonumerous andpowerful for the ordinary courts ofjustice. But what comparison, in numbers, have such bands ever borne to the insurgent sympathizers even in many ofthe loyal States? Again ajury too frequently has at least one member more ready to hang the panel than to hang the traitor. And yet, again, he who dissuades one man from volunteering, or induces onesoldier to desert,weakens the Union cause as much as he who kills a Union soldier in battle. Yet this dissuasion or inducement may be so conducted as to be no denned crime of which any civil court would take cognizance.
tility 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 of troops; to encourage desertionsfrom the army andtoleavetherebellionwithoutanadequatemilitary ; forcetosuppress it. He was not arrested because hewasdamagingthe political prospects of theadministration, or the personalinterestsofthe commandinggen- eral, but because he was damaging the army, upon the existence and vigor of whichthelifeofthenationdepends. Hewas warringuponthemilitary,andthis gavethemilitaryconstitutionaljurisdictiontolayhandsuponhim. IfMr.Vallan- digham was not damaging the military power of the country, then his arrest was made on mistake offact, which I would be glad to correct on reasonably satisfactory evidence.
8 with full respectfortheirknown intelligence, andthefairlypresumeddeliberation with which they prepared their resolutions, be permitted to suppose that this occurred by accident, or in any way other than that they preferred to designate themselves " democrats" rather than "American citizens." In this time ofna- tional peril I would have preferredtomeetyouuponalevelone step higher than any party platform because Iam surethat,fromsuchmoreelevatedposition,we ; could do better battle forthecountry wealllovethan wepossiblycan fromthose lower ones where, from the force ofhabit, the prejudices of the past, andselfish hopes ofthe future, we are sureto expendmuchofouringenuityand strength in finding faultwith,and aiming blows at,each other. Bat, since you havedenied me this, I will yet be thankful, for the country's sake, that not all democrats have done so. He on whose discretionary judgment Mr. Vallandigham was arrested and tried is a democrat, having no old party affinity with me; and the judge who rejected the constitutional view expressed in these resolutions, by refusing to discharge Mr. Vallandigham on habeas corpus is a democrat of better days than these, having received his judicial mantle at the hands of President Jackson. And still more, of all those democrats 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 ofa single one condemning it. I cannot assert that there are none such.