Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-06-25

nothing when the peril of his government
Is disuu = 8 T. cannot be misunderstood. If
no. hiudered, he Is sure TO help the enemy !:
much more, If he talks ambiguously-t talks
for his country with butte" and 6 ifs" aud
"ands." Or how little value the consti-
tutional provisions Ihsve quoted will be
rendered, if arrests shall never be made
until defined crimes shall have been CON-
mitted, may be ill ustrated by q few nota-
bic examples. General John @. Breckin-
ridge, General Robert E. Lee, General
Joseph E. Johnston, General John B. Ma
grader, General William B. Preston, Gen.
eral Simon B. Buckner, and Commodore
franklin Buchanan, row occupying the
very highest places in the rebel war ser.
vice, were all within the power of the
government since the rebellion began, and
We're nearly as well known to be traitors
then as now. Unquestionably if we had
seized and held them, the insurgent cause
would be much weaker. But no one of
them had then committed any crime de-
fined in the law. Euery one of them, If
arrested, ooald haze been discharged on
habeas corpus soere the sorit alloued to CD
crate. In view of these and similar cases.
l think the time not unlikely to come chen
L shaA be blamed for haoing made too teso
arrests rather than too many.
By the third resolution the meeting in
dictate their opinion that military arrests
may be constitutional in localities where
rebellion actually exists, but that such ar
rests are unconstitutional in localities
where rebellion or Instruction does not
actually exist. They insist that such ar.
rests shall not be made "outside of the
lines of necessary military occupation,
and the scenes of Instruction" mas
much, however, as the Constitution itself
makes no such distinction, am unable 20
believe that there is any such constitutions
al distinction. l concede that the class OF
arrests complained of can be constitutional
only when, in cases of rebellion or inva-
sion, the public safety may require them :;
and l insist that in such cases they are
constitutional ohereuer the public safety
does require them as will in places to
which they may prevent the rebellion ex
tending as in those where it may be al
ready prevailing; as well where they may
restrain mischlevious interference with
the raising and supplying of armies to
suppress the rebellion, as where the rebel
lion may actually be; as well where they
may restrain the enticing men out of the
army, as where they would prevent mu-
tiny in the army equally constitutional
at all places where they will conduce to
the public safety, as against the dangers of
rebellion or invasion. Take the particular
case mentioned by the meeting. 1t is as
serted, in substance, that Mr.. Vallandigham
woo hv mi lit ry rpop1ar co;1o1 nj, 4
tried "tor no other reason than words
addressed to public meeting, in ortiz
cism of the course Of the administration,
and in condemnation of the military
orders of the general" Now, if there
be no mistake about this; if this as.
sertion is the truth and the whole truth /;
if there was no other reason for the ar
rest, then concede that the arrest was
wrong. But the arrest, as | under
stand, was made for very different rea-
son. Mr.. Vallandigham avows his hos
tility to the war on the part of the Union
and his arrest was made because he a1as
la6orang, soith some effect, to prevent the
raising OF troops to encourage assertions
from the army and to leaue the rebellion
a0athout an adequate military force to sup
press 1t. He was not arrested because be
was damaging the political prospects OF
the administration, or the personal inter,
ests of the commanding general, but be-
cause he was damaging the army, upon
the existence and vigor of which the life
of the nation depends. He was warning
upon the military, and this gave the mill
tary constitutional jurisdiction to lay hands
upon him. If Mr.. Vallandigham was not
damaging the military power of the coun
try, then his arrest was made on mistake
OF fact, which | would be glad to correct
On reasonably satisfactory evidence.
understand the meeting, whose reso.
lutions am considering, to be in favor OF
suppressing the rebellion by military force
by armies. Long experience has shown
that armies cannot be maintained unless
assertions shall be punished by the severe
penalty of death. The case requires, and
the law and the constitution sanction, this
punishment. Must shoot simple mind.
ed soldier boy who deserts, while I must
not touch hair of willy agitator who
induces him to desert2 This is none the
less injurious when effected by getting a
father, or brother, Or friend, into public
meeting, and there working upon his feel.
ings till be is persuaded to write the sol.
der boy that he is fighting in bad cause,
for a wicked administration of con-
temptible government, too weak to arrest
and punish him if he shall desert. |
think that in such case, to silence the
agitator and save the boy is not only con.
stitutional, but withal great mercy.
II be wrong on this question of con-
stitutional pow er, my error lies ia believ-
ing that certain proceedings are constltu-
tional when. in cases of rebellion or
invasion, the public safety requires them,
which wonld not be constitutional when,
in absence of rebellion or invasion, the
public safety does not require them in
other words, that the constitution is not
in its application, in all respects the same
in cases of rebellion or invasion involving
| the public safety, as it is in times of pro.
| found peace and public security. The
constitution itself makes the distinction
and can no more be persuaded that the
government can cOnstltutlonally take no
stl ong measures in time OF rebellion, be
cause it can be shown that the same could
not be lawfully taken in time of peace,
than can be persuaded that particular
drug is not good medicine for sick man,
| because it can be shown to not be good
| food Tor a we'll one. Nor am able to ap-
preciate the danger apprehended by the
| meeting that the American people will, by
| means of military arrests during The re-
beilion, lose the right of public discussion,
the liberty of speech and the press, the
law of evidence, trial by jury, and habess
| corpus, throughout the indefinite peaceful
future, which | trust lies before them, any
| more than | am able to believe that man
could contract SO strong an appetite for
| ernetics during temporary illness as to per-
sist in feeding upon them during the re.
| roo;,dor of His hnaIthfDl life