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 were 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 of troops,
to encourage desertions from the army, and to leave
the rebellion without an adequate military force to
suppress it. He was not arrested because he
was damaging the political prospects of the administration
or the personal interests of the commanding general,
but because he was damaging the army, upon the existence
and vigor of which the life of the nation depends.
He was warring upon the military, and thus gave the
military constitutional jurisdiction to lay hands
upon him. If Mr. Vallandigham was not damaging
the military power of the country, then his arrest
was made on mistake of fact, which I would be glad
to correct on reasonably satisfactory evidence.
I understand the meeting whose resolutions I am considering
to be in favor of suppressing the rebellion by military
force—by armies. Long experience has
shown that armies cannot be maintained unless desertion
shall be punished by the severe penalty of death.
The case requires, and the law and the Constitution
sanction, this punishment. Must I shoot a simple-minded
soldier boy who deserts while I must not touch a hair
of a wily agitator who induced him to desert.
This is none the less injurious when effected by getting
a father, or brother, or friend into a public meeting,
and there working upon his feelings till he is persuaded
to write the soldier boy that he is fighting in a
bad cause, for a wicked administration of a contemptible
government, too weak to arrest and punish him if he
shall desert. I think that, in such a case, to
silence the agitator and save the boy is not only
constitutional, but withal a great mercy.