To Matthew Birchard and Others

Washington, D.C.                     June 29, 1863

Messrs M. Birchard David A Houk Geo. Bliss T. W. Bartley W. J. Gordon Jno. O’Neill C. A. White W. E. Finck Alexander Long J. W White Geo. H. Pendleton Geo L. Converse Warren P. Noble Jas. R. Morris W. A. Hutchins Abner L. Backus J. F. McKinney F. C. Le Blond Louis Schaefer

Gentlemen: The resolutions of the Ohio Democratic State convention which you present me, together with your introductory and closing remarks, being in position and argument, mainly the same as the resolutions of the Democratic meeting at Albany, New-York, I refer you to my response to the latter, as meeting most of the points in the former. This response you evidently used in preparing your remarks, and I desire no more than that it be used with accuracy. In a single reading of your remarks I only discovered one inaccuracy in matter which I suppose you took from that paper. It is when you say “The undersigned are unable to agree with you in the opinion you have expressed that the constitution is different in time of insurrection or invasion from what it is in time of peace & public security.” A recurrence to the paper will show you that I have not expressed the opinion you suppose. I expressed the opinion that the constitution is different, in its application in cases of Rebellion or Invasion, involving the Public Safety, from what it is in times of profound peace and public security; and this opinion I adhere to, simply because, by the constitution itself, things may be done in the one case which may not be done in the other.

I dislike to waste a word on a merely personal point; but I must respectfully assure you that you will find yourselves at fault should you ever seek for evidence to prove your assumption that I “opposed, in discussions before the people, the policy of the Mexican war.”

You say “Expunge from the constitution this limitation upon the power of congress to suspend the writ of Habeas corpus, and yet the other guarranties of personal liberty would remain unchanged” Doubless if this clause of the constitution, improperly called, as I think, a limitation upon the power of congress, were expunged, the other guarranties would remain the same; but the question is, not how those guarranties would stand, with that clause outof the constitution, but how they stand with that clause remaining in it—in cases of Rebellion or Invasion, involving the public Safety. If the liberty could be indulged, of expunging that clause letter & spirit, I really think the constitutional argument would be with you. My general view on this question was stated in the Albany response, and hence I do not state it now. I only add that, as seems to me, the benefit of the writ of Habeas corpus, is the great means through which the guarranties of personal liberty are conserved, and made available in the last resort; and coroborative of this view, is the fact that Mr. V. 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 cases of Rebellion or Invasion the public Safety may require it.

You ask, in substance, whether I really claim that I may override all the guarrantied 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 was no rebellion. The constitution itself rejects this view. The military arrests and detentions, which have been made, including those of Mr. V. which are not different in principle from the others, have been for prevention, and not for punishment—as 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. V.’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. V. Quite surely nothing of the sort was or is intended. I was wholly unaware that Mr. V. 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. V. 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 recent acts of congress. I certainly do not know that Mr. V. 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. V. has been engaged, in a greater degree than to any other cause; and 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. V. Perhaps I would not be wrong to say they originated with his special friends and adhereants. 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 that [sic] the whole burthen of his speeches has been to stir up men against the prossecution 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 counselled directly in favor of it. With all this before their eyes the convention you represent have nominated Mr. V. 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 can not say I think you desire this effect to follow your attitude; but I assure you 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 hope, and one which you would willingly dispel, I will make the way exceedingly easy. I send you duplicates of this letter, in order that you, or a majority of you, may if you choose, indorse your names upon one of them, and return it thus indorsed to me, with the understanding that those signing, are thereby committed to the following propositions, and to nothing else.

1. That there is now a rebellion in the United States, the object and tendency of which is to destroy the national Union; and that in your opinion, an army and navy are constitutional means for suppressing that rebellion.

2. That no one of you will do any thing which in his own judgment, will tend to hinder the increase, or favor the decrease, or lessen the efficiency of the army or navy, while engaged in the effort to suppress that rebellion; and,

3. That each of you will, in his sphere, do all he can to have the officers, soldiers, and seamen of the army and navy, while engaged in the effort to suppress the rebellion, paid, fed, clad, and otherwise well provided and supported.

And with the further understanding that upon receiving the letter and names thus indorsed, I will cause them to be published, which publication shall be within itself, a revocation of the order in relation to Mr. V.

It will not escape observation that I consent to the release of Mr. V. upon terms, not embracing any pledge from him, or from others as to what he will, or will not do. I do this because he is not present to speak for himself, or to authorize others to speak for him; and because I should expect that on his returning, he would not put himself practically in antagonism with the position of his friends. But I do it chiefly because I thereby preval on other influential gentlemen of Ohio to so define their position, as to be of immense value to the Army—thus more than compensating for the consequences of any mistake in allowing Mr. V. to return; and so that, on the whole, the public safety will not have suffered by it. Still, in regard to Mr. V. and all others, I must hereafter as heretofore, do so much as the public safety may seem to require. I have the honor to be respectfully yours, &c.,


To Erastus Corning and Others

                                                                     Executive Mansion
Hon. Erastus Corning & others          Washington [June 12] 1863.

Gentlemen Your letter of May 19th. inclosing the resolutions of a public meeting held at Albany, N.Y. on the 16th. of the same month, was received several days ago.

The resolutions, as I understand them, are resolvable into two propositions—first, the expression of a purpose to sustain the cause of the Union, to secure peace through victory, and to support the administration in every constitutional, and lawful measure to suppress the rebellion; and secondly, a declaration of censure upon the administration for supposed unconstitutional action such as the making of military arrests.

And, from the two propositions a third is deduced, which is, that the gentlemen composing the meeting are resolved on doing their part to maintain our common government and country, despite the folly or wickedness, as they may conceive, of any administration. This position is eminently patriotic, and as such, I thank the meeting, and congratulate the nation for it. My own purpose is the same; so that the meeting and myself have a common object, and can have no difference, except in the choice of means or measures, for effecting that object.

And here I ought to close this paper, and would close it, if there were no apprehension that more injurious consequences, than any merely personal to myself, might follow the censures systematically cast upon me for doing what, in my view of duty, I could not forbear. The resolutions promise to support me in every constitutional and lawful measure to suppress the rebellion; and I have not knowingly employed, nor shall knowingly employ, any other. But the meeting, by their resolutions, assert and argue, that certain military arrests and proceedings following them for which I am ultimately responsible, are unconstitutional. I think they are not. The resolutions quote from the constitution, the definition of treason; and also the limiting safe-guards and guarrantees therein provided for the citizen, on trials for treason, and on his being held to answer for capital or otherwise infamous crimes, and, in criminal prossecutions, his right to a speedy and public trial by an impartial jury. They proceed to resolve “That these safe-guards of the rights of the citizen against the pretentions of arbitrary power, were intended more especially for his protection in times of civil commotion.” And, apparently, to demonstrate the proposition, the resolutions proceed “They were secured substantially to the English people, after years of protracted civil war, and were adopted into our constitution at the close of the revolution.” Would not the demonstration have been better, if it could have been truly said that these safe-guards had been adopted, and applied during the civil wars and during our revolution, instead of after the one, and at the close of the other. I too am devotedly for them after civil war, and before civil war, and at all times “except when, in cases of Rebellion or Invasion, the public Safety may require” their suspension. The resolutions proceed to tell us that these safe-guards “have stood the test of seventysix years of trial, under our republican system, under circumstances which show 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 matter at New-Orleans hereafter to be mentioned; nor does any one question that they will stand the same test much longer after the rebellion closes. But these provisions of the constitution have no application to the case we have in hand, because the arrests complained of were not made for treason—that is, not for the treason defined in the constitution, and upon the conviction of which, the punishment is death—- nor yet were they made to hold persons to answer for any capital, or otherwise infamous crimes; nor were the proceedings following, in any constitutional or legal sense, “criminal prossecutions.” The arrests were made on totally different grounds, and the proceedings following, accorded with the grounds of the arrests. Let us consider the real case with which we are dealing, and apply to it the parts of the constitution plainly made for such cases.

Prior to my instalation here it had been inculcated that any State had a lawful right to secede from the national Union; and that it would be expedient to exercise the right, whenever the devotees of the doctrine should fail to elect a President to their own liking. I was elected contrary to their liking; and accordingly, so far as it was legally possible, they had taken seven states out of the Union, had seized many of the United States Forts, and had fired upon the United States’ Flag, all before I was inaugerated; and, of course, before I had done any official act whatever. The rebellion, thus began soon ran into the present civil war; and, in certain respects, it began on very unequal terms between the parties. The insurgents had been preparing for it more than thirty years, while the government had taken no steps to resist them. The former had carefully considered all the means which could be turned to their account. It undoubtedly was a well pondered reliance with them that in their own unrestricted effort to destroy Union, constitution, and law, all together, the government would, in great degree, be restrained by the same constitution and law, from arresting their progress. Their sympathizers pervaded all departments of the government, and nearly all communities of the people. From this material, under cover of “Liberty of speech” “Liberty of the press” and “Habeas corpus” they hoped to keep on foot amongst us a most efficient corps of spies, informers, supplyers, and aiders and abettors of their cause in a thousand ways. They knew that in times such as they were inaugerating, by the constitution itself, the “Habeas corpus” might be suspended; but they also knew they had friends who would make a question as to who was to suspend it; meanwhile their spies and others might remain at large to help on their cause. Or if, as has happened, the executive should suspend the writ, without ruinous waste of time, 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 service to the insurgent cause. It needed no very keen perception to discover this part of the enemies’ programme, so soon as by open hostilities their machinery was fairly put in motion. Yet, thoroughly imbued with a reverence for the guarranteed rights of individuals, I was slow to adopt the strong measures, 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 of crimes well defined in the law. Even in times of peace, bands of horse-thieves and robbers frequently grow too numerous and powerful for the ordinary courts of justice. But what comparison, in numbers, have such bands ever borne to the insurgent sympathizers even in many of the loyal states? Again, a jury too frequently have 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 one soldier 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 defined crime of which any civil court would take cognizance.

Ours is a case of Rebellion—so called by the resolutions before me—in fact, a clear, flagrant, and gigantic case of Rebellion; and the provision of the constitution that “The previlege of the writ of Habeas Corpus shall not be suspended, unless when in cases of Rebellion or Invasion, the public Safety may require it” is the provision which specially applies to our present case. This provision plainly attests the understanding of those who made the constitution that ordinary courts of justice are inadequate to “cases of Rebellion”—attests their purpose that in such cases, men may be held in custody whom the courts acting on ordinary rules, would discharge. Habeas Corpus, does not discharge men who are proved to be guilty of defined crime; and its suspension is allowed by the constitution on purpose that, men may be arrested and held, who can not be proved to be guilty of defined crime, “when, in cases of Rebellion or Invasion the public Safety may require it.” This is precisely our present case—a case of Rebellion, wherein the public Safety does require the suspension. Indeed, arrests by process of courts, and arrests in cases of rebellion, do not proceed altogether upon the same basis. The former is directed at the small per centage of ordinary and continuous perpetration of crime; while the latter is directed at sudden and extensive uprisings against the government, which, at most, will succeed or fail, in no great length of time. In the latter case, arrests are made, not so much for what has been done, as for what probably would be done. The latter is more for the preventive, and less for the vindictive, than the former. In such cases the purposes of men are much more easily understood, than in cases of ordinary crime. The man who stands by and says nothing, when the peril of his government is discussed, can not be misunderstood. If not hindered, he is sure to help the enemy. Much more, if he talks ambiguously—talks for his country with “buts” and “ifs” and “ands.” Of how little value the constitutional provision I have quoted will be rendered, if arrests shall never be made until defined crimes shall have been committed, may be illustrated by a few notable examples. Gen. John C. Breckienridge, Gen. Robert E. Lee, Gen. Joseph E. Johnston, Gen. John B. Magruder, Gen. William B. Preston, Gen. Simon B. Buckner, and Comodore [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 in the 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” In asmuch, 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. They assert 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 that 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 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 this 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 can not 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 wiley agitator who induces 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 feeling, till he is persuaded to write the soldier boy, that he is fighting in a bad cause, for a wicked administration of a contemptable 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.

If I be wrong on this question of constitutional power, my error lies in believing that certain proceedings are constitutional when, in cases of rebellion or Invasion, the public Safety requires them, which would not be constitutional when, in absence of rebellion or invasion, the public Safety does not require them—in other words, that the constitution is not in it’s application in all respects the same, in cases of Rebellion or invasion, involving the public Safety, as it is in times of profound peace and public security. The constitution itself makes the distinction; and I can no more be persuaded that the government can constitutionally take no strong measure in time of rebellion, because it can be shown that the same could not be lawfully taken in time of peace, than I can be persuaded that a particular drug is not good medicine for a sick man, because it can be shown to not be good food for a well one. Nor am I able to appreciate the danger, apprehended by the meeting, that the American people will, by means of military arrests during the rebellion, lose the right of public discussion, the liberty of speech and the press, the law of evidence, trial by jury, and Habeas corpus, throughout the indefinite peaceful future which I trust lies before them, any more than I am able to believe that a man could contract so strong an appetite for emetics during temporary illness, as to persist in feeding upon them through the remainder of his healthful life.

In giving the resolutions that earnest consideration which you request of me, I can not overlook the fact that the meeting speak as “Democrats.” Nor can I, with full respect for their known intelligence, and the fairly presumed deliberation 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 of national peril I would have preferred to meet you upon a level one step higher than any party platform; because I am sure that from such more elevated position, we could do better battle for the country we all love, than we possibly can from those lower ones, where from the force of habit, the prejudices of the past, and selfish hopes of the future, we are sure to expend much of our ingenuity and strength, in finding fault with, and aiming blows at each other. But since you have denied 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. V. 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. V. while I have not heard of a single one condemning it. I can not assert that there are none such.

And the name of President Jackson recalls a bit of pertinent history. After the battle of New-Orleans, and while the fact that the treaty of peace had been concluded, was well known in the city, but before official knowledge of it had arrived, Gen. Jackson still maintained martial, or military law. Now, that it could be said the war was over, the clamor against martial law, which had existed from the first, grew more furious. Among other things a Mr. Louiallier published a denunciatory newspaper article. Gen. Jackson arrested him. A lawyer by the name of Morel procured the U.S. Judge Hall to order a writ of Habeas Corpus to release Mr. Louiallier. Gen. Jackson arrested both the lawyer and the judge. A Mr. Hollander ventured to say of some part of the matter that “it was a dirty trick.” Gen. Jackson arrested him. When the officer undertook to serve the writ of Habeas Corpus, Gen. Jackson took it from him, and sent him away with a copy. Holding the judge in custody a few days, the general sent him beyond the limits of his encampment, and set him at liberty, with an order to remain till the ratification of peace should be regularly announced, or until the British should have left the Southern coast. A day or two more elapsed, the ratification of the treaty of peace was regularly announced, and the judge and others were fully liberated. A few days more, and the judge called Gen. Jackson into court and fined him a thousand dollars, for having arrested him and the others named. The general paid the fine, and there the matter rested for nearly thirty years, when congress refunded principal and interest. The late Senator Douglas, then in the House of Representatives, took a leading part in the debate, in which the constitutional question was much discussed. I am not prepared to say whom the Journals would show to have voted for the measure.

It may be remarked: First, that we had the same constitution then, as now. Secondly, that we then had a case of Invasion, and that now we have a case of Rebellion, and: Thirdly, that the permanent right of the people to public discussion, the liberty of speech and the press, the trial by jury, the law of evidence, and the Habeas Corpus, suffered no detriment whatever by that conduct of Gen. Jackson, or it’s subsequent approval by the American congress.

And yet, let me say that in my own discretion, I do not know whether I would have ordered the arrest of Mr. V. While I can not shift the responsibility from myself, I hold that, as a general rule, the commander in the field is the better judge of the necessity in any particular case. Of course I must practice a general directory and revisory power in the matter.

One of the resolutions expresses the opinion of the meeting that arbitrary arrests will have the effect to divide and distract those who should be united in suppressing the rebellion; and I am specifically called on to discharge Mr. Vallandigham. I regard this as, at least, a fair appeal to me, on the expediency of exercising a constitutional power which I think exists. In response to such appeal I have to say it gave me pain when I learned that Mr. V. had been arrested,—that is, I was pained that there should have seemed to be a necessity for arresting him—and that it will afford me great pleasure to discharge him so soon as I can, by any means, believe the public safety will not suffer by it. I further say, that as the war progress, it appears to me, opinion, and action, which were in great confusion at first, take shape, and fall into more regular channels; so that the necessity for arbitrary dealing with them gradually decreases. I have every reason to desire that it would cease altogether; and far from the least is my regard for the opinions and wishes of those who, like the meeting at Albany, declare their purpose to sustain the government in every constitutional and lawful measure to suppress the rebellion. Still, I must continue to do so much as may seem to be required by the public safety. A. LINCOLN.

[See here for details about the differences between the autograph and the version finally published in the New York Tribune, June 15 – ed.]

To the Senate

Executive Mansion, Washington,
To the Senate of the United States:                          May 1— 1862

In answer to the Resolution of the Senate in relation to Brigadier General Stone, I have the honor to state that he was arrested, and imprisoned under my general authority, and upon evidence which, whether he be guilty or innocent, required, as appears to me, such proceedings to be had against him for the public safety. I deem it incompatable with the public interest, as also perhaps, unjust to General Stone, to make a more particular statement of the evidence.

He has not been tried because in the state of military operations, at the time of his arrest and since, the officers to constitute a court-martial, and for witnesses, could not be withdrawn from duty without serious injury to the service. He will be allowed a trial without any unnecessary delay; the charges and specifications will be furnished him in due season; and every facility for his defence will be afforded him by the War Department.

Draft of a Proclamation to People of Maryland

[c. January 1, 1862?]

In view of the recent declaration of the people of Maryland of their adhesion to the Union so distinctly made in their recent election, the President directs that all the political prisoners who having heretofore been arrested in that State are now detained in military custody by the President’s authority be released from their imprisonment on the following conditions, namely: That if they were holding any civil or military offices when arrested the terms of which have not expired they shall not resume or reclaim such offices; and secondly, all persons availing themselves of this proclamation shall engage by oath or parole of honor to maintain the Union and the Constitution of the United States, and in no way to aid or abet by arms, counsel, conversation or information of any kind the existing insurrection against the Government of the United States.

To guard against misapprehension it is proper to state that this proclamation does not apply to prisoners of war.

To Winfield Scott

Lieut. Gen. Winfield Scott: Washington, October 14, 1861.

The military line of the United States for the suppression of the insurrection may be extended so far as Bangor in Maine. You and any officer acting under your authority are hereby authorized to suspend the writ of habeas corpus in any place between that place and the city of Washington. Abraham Lincoln.

By the President:

WILLIAM H. SEWARD, Secretary of State.

To Unidentified Persons

[c. September 15, 1861?]

Gentlemen:—Yours of to-day, with the enclosure from Mr. Ridgely, has been received and referred to General Scott, as I know nothing whatever of the particular case.

May I beg you to consider the difficulties of my position and solicit your kind assistance in it? Our security in the seizing of arms for our destruction will amount to nothing at all, if we are never to make mistakes in searching a place where there are none. I shall continue to do the very best I can to discriminate between true and false men. In the mean time, let me, once more, beg your assistance in allaying irritations which are unavoidable. Yours, very truly, A. LINCOLN.

Statement Concerning Arrests in Maryland

[c. September 15, 1861]

The public safety renders it necessary that the grounds of these arrests should at present be withheld, but at the proper time they will be made public. Of one thing the people of Maryland may rest assured: that no arrest has been made, or will be made, not based on substantial and unmistakable complicity with those in armed rebellion against the Government of the United States. In no case has an arrest been made on mere suspicion, or through personal or partisan animosities, but in all cases the Government is in possession of tangible and unmistakable evidence, which will, when made public, be satisfactory to every loyal citizen.