The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1861-12-14
ITnch's Excuse.

Lfnch's Excuse.
In olden time boys who had been abb
sent from school brought with them to the
master written " Excuse" This was
sometimes genuine, but much oftcncr a
fraudulent affair, forged by the truant
boy to account for his misdoings. DIR.
a. A. Lynch, the Senator from Baltimore
county. having given active aid and
comfort to the rebels in arms against the
Government, was arrested and confined
with other prisoners of war at Fort
Warren, and thence writes to the Presi-
dent of the Senate an excuse fer his
absence. His chief complaint is that he
was arrested without warrant, aud is
held without presentment or indictment
having been found against him.
Will DR.. Lynch, and others like him,
never realize that there is now in exis-
tence gigantic rebellion against the
laws of this land, that its proportions
are so great that the ordinary civil modes
of procedure by warrant, arrest, indict-
ment aud trial are rendered imperative
and void,-that the President in COM
piance with the Constitution has called
out the military power of the Govern
mcnt to enforce that obedience to the
laws, which the civil power was powerless
to effect,-that thus state of war exists
between the Government and the rebels,
that each party, " by an armed force"
not by warrant and marshal, takes pri-
soners as many Of the other party as
possible, who are held prisonerslof war
in forts, not in jails, and as no civil pro-
cess were employed in their arrest or
Imprisonment so none are used in their
trial or discharge. The arrest of DR..
Lynch without warrant and his imprison.
ment without indictment are no more
violation of law in his case than of those
taken at Hatteras Inlet, who are now
confined vi h him at Fort Warren, like
him as prisoners of war. The trouble
with these men is, hat having inaugurated
a rebellion and appealed to arms they are
unwilling TO accept the we'll defined and
wcll-known consequences of war, one of
which is the cap ure and re:cn ion of all
hos lie persons, whe her they show their
hostility by their yo es as legislators,
their sails as merchants or their swords
as soldiers. They are cap ured by mill
tary force, KEEP: in military strongholds,
and when released will be discharged
according to military usage, either as
exchanged prisoners or on their parole
or oath of allegiance.
In passing We may say, though DR..
Lynch does not allude to it, that the
writ of Habeas Corpus can no more reach
men thus situated, than it could if issued
by Judge fancy reach French prisoner
in London Prison. If it were other
wise, then, in the event of the success of
the Federal force and the capture of the
rebel army, Jeff. Davis would have only
to get out hundred thousand writs of
Mbeas Corpus and be again in fighting
trim. In the ordinary way, where the civil
processes arc unimpeded, a man charged
with treason arrested on warrant, indicted
by Grand Jury, tried by Petit Jury and
sentenced or discharged by the Judge
during his imprisonment he has right
to have his detention inquired of under
the writ of Hubeas Corpus. But when
an armed rebellion makes the execution
of civil process impossible then the
enforcement of the laws is entrus ed to
the military power.
AS to Mr.. Lynch's innocence which he
so loudly proclaims, that is qucs ion to
be settled like all others by military
usage. 1t may be that his vote for the
recogni ion OF the Sou hern Confcderacy,
his effort to arm the State in controven-
ton of the Cons i,u ion and in an:agonisn
to the Federal Government are viewed as
offenses as great as ac ually bearing arms
against it. What evidences the Govern
ment may have of the secret correspon-
dence carried on be ween that Legislature
and the rebel chief, which from pruden-
tial considera ton it chooses not to reveal
we cannot tell, but so long as the Presi-
dent is COMMANDMENTS Chief of the army
he must use his discre ion about the
arrest, detcn ion and discharge of prison
ers of War subject only to invcstiga ior
by Congress. In the meantime will DR.
Lynch tell us whether he has not reason