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[376] 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. Vallandigham 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. Vallandigham. Perhaps I would not be wrong to say they originated with his especial 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 counselled directly on 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 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. 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 a rebellion now 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. Vallandigham.

It will not escape observation that I consent to the release of Mr. Vallandigham 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 hence I shall expect that on returning he would not put himself practically in antagonism with the position of his friends. But I do it chiefly because I thereby prevail 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. Vallandigham to return, so that on the whole the public safety will not have suffered by it. Still, in regard to Mr. Vallandigham 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, etc.



The Rejoinder.

New-York City, July 1, 1863.
To His Excellency the President of the United States:
sir: Your answer to the application of the undersigned for a revocation of the order of banishment of Clement L. Vallandigham requires a reply, which they proceed, with as little delay as practicable, to make.

They are not able to appreciate the force of the distinction you make between the Constitution and the application of the Constitution, whereby you assume that powers are delegated to the President at the time of invasion or insurrection in derogation of the plain language of the Constitution. The inherent provisions of the Constitution remaining the same in time of insurrection or invasion as in time of peace, the President can have no more right to disregard their positive and imperative requirements at the former time than at the latter. Because some things may be done by the terms of the Constitution


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