War of the Rebellion: Serial 119 Page 0048 PRISONERS OF WAR AND STATE, ETC.

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The general commanding is therefore obliged to revoke the permission given Major Jones, and directs you to consider him a prisoner of war and to furnish him a copy of this letter.

Very respectfully, your obedient servant,


Lieutenant-Colonel and Assistant Adjutant-General.

WASHINGTON, June 26, 1863.


The undersigned, having been appointed a committee under the authority of the resolutions of the State convention haled at the city of Columbus, Ohio, on the 11th instant, to communicate with you on the subject of the arrest and banishment of Clement L. Vallandigham, most respectfully submit the following as the resolutions of the convention bearing upon the subject of this communication, and ask of Your Excellency their earnest consideration. And they deem it proper to state that the convention was one in which all parts of the State were represented, one of the most respectable as to numbers and character and one of the most earnest and sincere in support of the Constitution and the Union ever held in this State:

Resolved, That the will of the people is the foundation of all free government; that to give effect to this free will, free thought, free speech, and a free press are judgment; without sound judgment there can be no wise government.

2. That it is an inherent and constitutional right of the people to discuss all measures of the Government, and to approve or disapprove as to their best judgment seems right. That they have a like right to propose and advocate that policy which in their judgment is best, and to argue and vote against whatever policy seems to them to violate the Constitution, to impair their liberties, or to be detrimental to their welfare.

3. That these and other rights guaranteed to them by their constitutions are their rights in time of war as well as in time of peace, and of far more value and necessity in war than in peace, for in peace liberty, security, and property are seldom endangered. In war they are ever in peril.

4. That we now say to all whom it may concern, not by way of a threat but calmly and firmly, that we will not surrender these rights nor submit to their forcible violation. We will obey the laws our selves and all others must obey them.

11. There to the Constitution and the Union as the best-it may be the last-hope of popular freedom, and for all wrongs which may have been committed or evils which may exist will seek redress under the Constitution and within the Union by the peaceful but powerful agency of the suffrages of as free people.

14. That we will earnestly support every constitutional measure tending to preserve the union of the States. No men have a greater interest in its preservation than we have; none desire it more; there are none who will make greater sacrifices or will endure more than we will make greater sacrifices or will endure more than we will to accomplish that end. We are as we have ever been the devoted friends of the Constitution and the Union and we have no sympathy with the enemies of either.

15. That the arrest, imprisonment, pretended trial, and actual banishment of Clement L. Vallandigham, a citizen of the State of Ohio, not belonging to the land or naval forces of the United States nor to the militia in actual service, by alleged military authority, for no other pretended crime than that of uttering words of legitimate criticism upon the conduct of the Administration in power and of appealing to the ballot box for a change of policy-said arrest and military trial taking place where the courts of law are open and unobstructed, and for no act done within the sphere of active military operations in carrying on the war-we regard as a palpable violation of the following provisions of the Constitution of the United States:

1. "Congress shall make no law abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

2. "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.