The limitations given it seem sufficient to secure proper
caution in applying it, and will show that I thought then, as I do
now, that the administration ought to have laid down rules by which
the commandants of military departments could be guided, and which
would have saved us from the weakness of acting with seeming vigor
on one day, only to retreat from our position the next.
In Vallandigham's case the common argument was used by his friends
that he was not exceeding a lawful liberty of speech in political
opposition to the administration. When, however, a civil war is in
progress, it is simply a question of fact whether words used are
intended to give aid and comfort to the enemy and are evidence of
conspiracy with the public enemy. If so, it is too clear for
argument that the overt acts of the enemy are brought home to all
who combine and confederate with them, and all are involved in the
same responsibility. This question of fact and intent was officially
settled by the findings of the military court. But there was another
connection of the speech with overt acts, which the public mind took
firm hold of. Among the most incendiary of Vallandigham's appeals
had been those which urged the people to resist the provost-marshals
in the several districts.
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