The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1862-12-25
Arrests for Disloyal Practices.
Remarks of Senator DoOlia.le.


war for full information in regard to the arrest
OF two citizens of Delaware: slis =
Mr.. Doolitte. Mr.. President, he Senator
from Kentucky made personal appeal to me
to know whether |. if arrested, would be will
ing for the sake of obtaining my liberty TO take
an oath of allegiance to the Government ofthe
United States. ] answer, tina / would. / look
upon the question of being required 20 take an
oath of feaity or allegiance to the Government
as being very different thing fom what it
would be if were asked to swear festy 10 any
particular party, or to any sect in religion, or
that favored any particular belief On gues-
ton of that kind instead of taking an OATH q
man could very properly 60 to the seafod OF
10 the stake. But, sir, on single ques ton OF
whether he is loyal 10 the Government or not,
it seems to me that any man can properly make
an oath to that effect, if he is loyal or he can
give his certificate to that effect. / presume
every Senator on this floor has had occasion to
cross the Potomac to visit a friend in one of
those camps or forts Whenever we ask per-
mission to go there do we not h&ve to get Il
pass, and give our pledge of honor, which is
perhaps equivalent to our oath, that we are 10y.
al to the Government By what law am | re-
strained of my liberty of crossing the Potomac
unless l give my oath or my certificate of hon>
or that am loyal citizen of the United States
Where do you find it in the Constitution?
As l said the other day, and there has been
no answer made to it on this floor, even if you
maintain that there is technical ilegalhty in
the form of the arrest of these men, there no
oppression practiced by the Government upon
the men who are arrested upon suspicion when
they are told, "Sir, if you are loyal say So {; ii
you will swear fealty to this Government, and
that you are legal citizen it shall overcome
the effect of our suspicious" This is in the
case of men who are arrested upon suspicion
merely not men who are arrested upon eVi-
dence. There is no difficulty III those cases
where the evidence is plain and pa lpable. They
can be handed over to the courts; they can be
arrested and held; but there are cases where
it is necessary to arrest upon suspicion merely.
Now, take this case: we all know that Joe
Johnston-I believe that is the oue--tor near
ly month after Mr. Lincoln came into power
was your Quar;ermaster General. He resigned
to Join the confederate army. Your officers III
the Navy resigned, snd went over and joined
the cOnfederates. Here comes home another
officer from the sea, who sends in his resigna-
ton to the Government suspects that by res
sighting in our service, he means to join the
contederates, and battle his hand III the blood
of our sons, aud overthrow the Republic; and
what do they do +? The very fact that ne re-
signs is suspicion enough, and tn Government
puts his hand upon him. 'Sir, you arrested
swear to support the Government Of she Unit
ed States; that YOU are loyal: and you nay g.
at liberty if you DO not, you NUT wait un~
til this fight is over
Mr. President, Senators on tlls ioCr seem
10 labor under the greatest misrepresentation IN
the world, in my judgment They seem 20
think that this country is NOT at war in al ITS
length and breadth in all its entirety. They
seem to think, although the Government OF rue
n 7 . I a
Gulf AID from the Atlantic to he Pacific, is
struggling in gigantic civil war for ss very
life that that war exists only " he re The armies
happen to meet upon the field of ha'rie. Sir. 1t
is at war through its whole length and breadth.
It is at war in Kentuckyin Teanessse: II Il mt
war in Illinois, Pennsylvania, Wisconsin Maine
and New Hampshire. Take The very case
which the honorable Senator from New Hamp-
shire has stated this morning, wnere meu OF
ganized together band and marched through
the streets of one of the towns Of Now Uamp~
shire, fred on the flag of the Uuited States and
went into a meeting where they were raising
volunteers, to discourage and prevent il. Why,
sir, there was actual war IN " Hampshire.
aud in MY own State, where th > poor ignorant
people of one Of our counties, most of whom do
not speak our language, and do aut 'dtly nudeI>
stand what Is going CD; because hey had been
imposed upon, and told that il they voted the
draft into the Army, some .wO hundred Of thenI.
| believe. rose in actual rebellion against the
authority of the government OF the UHited
States, and made war on the men who were
drafting the soldiers into thr ARMY. What |
was the consequence The troops in the SER
vice of the United States were ordered upon the |
field, and they arrested these men and, sir,
how did they take them7 They took them as
prisoners of war.
Sir, let me put the case back 20 the Senator
from Kentucky. Does he not know that all
over Kentucky war has not only leg lily exist
ed, but that actual conflicts have been taking
place? The commander Of our amy as he
marches with his army into Kentucky, must
Judge, upon his direction and responsibility,
whether the people he meets there are loyal or
iisloyaL He makes arrests. He says to those
whom he arrests, "take the oath OF allegiance
and You will be discharged; if you wilt not
take the oath you shall be held as prisoners.
Suppose the men who have fought against us
in Ken. lucky run over into Ohio, and the PFesl,
dent catches them there are they not SUI
held as prisoners or war? Suppose they run |
into Pennsylvania, and he fDds thai the men
who have been engaged in fighting our armies
down in Virginia have escaped into Pennsylva~
MIA and he takes them there, he them as prison
ers of war. Suppose he findS deserters there
from our own army, he seizes them - DESERT
ers. Suppose he finds men who are acting The
part of spies upon us, in Pennsylvania, he seiz-
es them as spies. Suppose he tiuds men there
actually engaged in furnishing means to the en-
emv in those States where conflict actually
takes place, he seizes them as being guilty OF
war; and when the Senator from Kentucky
asks me by what law are these men faken'
tell him by the law of war. We are not at
peace Does not the Senatorffom Kentucky
81, ttynr hat
try is at war; thatithe law OF was IS ID operas
ton in Wisconsin as well as il. Kentucky III
New York as well as in Mississippi II a spy
ia found in either of those States he is taken by
the law of war and held by the law OF war ahd
by him who is Command1r.iu-Chief If our ar,
mics in time of war IF we were at peace II
peace prevailed throughout the United States,
agree with tue Senator from Kentucky that
YOU should guard the liberty OF every clti>
ven by all the laws of peace; but when we are
in war the laws of war prevail, ana me Ffe7i'
dent rs Commander iR-Chief, must exercise
these laws of war and if he confines th5 e1
ercise Of that power to questions bearing upon
the war, upon the rebellion, npon the ih9uiiecr
ton he is exercising a CONSTITUTIONS a'u
will sav further, 2 legal power; because wren
in asfate Of var he is clothed WITH tue suthoi
ity to ex .rcise the laws of war In tins country
'Rnt, Mr.. President, the point which made, |
and the only point which intended IN Tue oe>
cunning to make, was to reply to this charge
81 oppression on the part Of the Governmest.
Even if technically the rules OF civil rlgn1s
NIGHT he invaded, l have been informed, and |
believe that information is correct, and that the
prison door has been open TO all these persons
who have been arrested upon suspicioG-suS-
picion that they were in sympathy with tree'
son, that they were furnishing means 70 usl-
tors-if they would but swear to be loyal to me
Government of the United States apd Il Is no
IN I, rSssion mon a lovaI man to take the onth
Of allegiance say TO he Senator from heh-
lucky that this war il pressing upon % n
manner which is serious and in earnest ~ 70
struggle for our national exis enee 9 s,fp a;9,p
for our lie; and it is = time ~hen w n,1
cease all riaing and all mere technie1.,'rsS and
Sir, our friends have gone into so'S "a
been sacrificed by thousands upo" ~ F"ii.n
"a bt disease some have sisbened