War of the Rebellion: Serial 119 Page 0049 CORRESPONDENCE, ETC. -UNION AND CONFEDERATE.

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3. "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except on cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger.

4. "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law. "

And we furthermore denounce said arrest, trial, and banishment a as a direct insult offered to the sovereignty of the State of Ohio, by whose organic law it is declared that no person shall be transported out of the State for any offense committed within the same.

16. That Clement L. Vallandigham was at the time of his arrest a prominent candidate for nomination by the Democratic party of Ohio for the office of Governor of the State; that the Democratic party was fully competent to decide whether he is a fit man for that nomination, and that the attempt to deprive them of that right by his arrest and banishment was an unmerited imputation upon their intelligence and loyalty, as well as a violation of the Constitution.

17. That we respectfully, but most earnestly, call upon the President of the United States to restore Clement L. Vallandigham to his home in Ohio, and that a committee of one from each Congressional district of the State, to be selected by the presiding officer of this convention, is hereby appointed to present this application to the President.

The undersigned, in the discharge of the duty assigned them, do not think it necessary to reiterate the facts connected with the arrest, trial, and banishment of Mr. Vallandigham-they are well-known to the President and are of public history-nor to enlarge upon the positions taken by the convention, nor to recapitulate the constitutional provisions which it is believed have been contravened; they have been stated at length and with clearness in the resolutions which have been stated at length and with clearness in the resolutions which have been recited. The undersigned content themselves with brief reference to the other suggestions pertinent to the subject.

They do not call upon Your Excellency as suppliants praying the revocation of the order banishing Mr. Vallandigham as a favor, but, by the authority of a convention representing a majority of the citizens of the State of Ohio, they respectfully ask it as aright due to an American citizen, in whose personal injury the sovereignty and dignity of the people of Ohio as a free State have been offended. And this duty they perform more cordially from the consideration that at a time of great national emergency, pregnant with danger to our Federal Union, it is all important that the friends of the Constitution and the Union, however they may differ as to the mode of administering the Government and the measures most likely to be successful in the maintenance of the Constitution and the restoration of the Union, should not be thrown into conflict with each other.

The arrest, unusual trial, and banishment of Mr. Vallandigham have created widespread and alarming disaffection among the people of the State, not only endangering the harmony of the friends of the constitution and the Union and tending to disturb the peace and tranquillity of the State, but also impairing that confidence in the fidelity of your Administration to the great landmarks of free government essential to a peaceful and successful enforcement of the laws in Ohio.

You are reported to have used, in a public communication on this subject, the following language:

It gave me pain when I learned that mr. Vallandigham had been arrested; that is, I was pained that there should have seemed to be a necessity for arresting hill afford me great pleasure to discharge him so soon as I can by any means believe the public safety will not suffer.

The undersigned assure Your Excellency from our own personal knowledge of the feelings of the people of Ohio that the public safety

4 R R-SERIES II, VOL VI