The Portland daily press., 1863-06-19

law, all tOSetner, the government Woulu, ii
great degree, be restrained by the same Con
stitution and laws from arresting their prog
ress. The sympathzers pervaded all depart
ments of the Government aud nearly all com
munities of the people. From this material
under cover of liberty of speech" "liberty o
the press" and 'habeas corpus they hoped t.
keep on foot amongst us most efficient corp
ofspies, iniormers, suppliers, and aiders anC
abettors of their cause in thousand ways
They knew that in time, such as they were In
augurating, by the Constitution itself, the ha-
beas corpus might be suspended; but they
also knew they had friends who would make
question as to pho was TO suspend it; means
while their spies and others might remain at
large to help on their cause. Or il, as has
happened the Executive should suspend the
writ, without ruinous waste OF time, instances
of arresting innocent persons might occur, as
are always likely to occur in such cases; and
then a clamor would be raised in regard to
this, which might be, at least ofsome service
to the insurgents cause, 1t needed no very
keen perception to discover this part of the
enemy's programme, as soon as by open hos.
tilities their machinery was fairly put in mo-
ton. Yet, thoroughly imbued with a rever-
ence for the guaranteed rights of individuals
L was slow to adopt the strong measures which
by degrees l was forced to regard as being
within the exceptions of the Constitution, and
Indispensable to the public safety. Nothing
is better known to history than that courts OF
Justice are utterly incompetent to such cases.
Civil courts are organized chiefly for the tri-
al ofindividnals, or, at most, few individu-
ais acting in concert; and this in quiet times,
and on charge of crimes well defined in the law.
Even in times OF peace bands of horse-thieves
and robbers grow too numerous and power
full for the ordinary courts of justice. But
what comparison in numbers have such bands
ever borne to the insurgent sympathzers even
in many of the loyal states? Again a jury too
frequently has one member more ready to
hang the panel than to hang the traitor.
And yet again, he that dissuades one man
from volunteering, or induces one soldier TO
desert, weakens the Union cause as much as
he who kills Union soldier in battle. Yet
this discussion or inducement may be so con-
Quoted as to be no defined crime of which any
civil court would take cognizance.
Ours is case OF rebellon-so called by the
resolutions before me-in fact, clear, fragrant
and gigantic case of rebellion and the provis-
ion of the Constitution that "the privilege of
the writ of habeas corpus shall not be suspen-
ded, unless when, in cases of rebellion or inva.
sion, the public safety may require it," is the
provision which specially applies to our pres
ent case. This provision plainly attests the
understanding of those who made the Consti-
tuition, that ordinary courts of justice are in
adequate to leases of rebellion, ,"-attests their
purpose that, in such cases, men may be held
in custody whom the courts, acting on ordi-
nary rules, would discharge. Habeas corpus
does not discharge men who are proved to be
guilty of defined crime; and its suspension is
allowed by the Constitution on purpose that
men may be arrested and held who cannot be
proved guilty of defined crime, "when, in ca
ses of rebellion orinvasion, the public safety
may require it." This is precisely our present
Casa case of rebellion, wherein the public
safety does require this suspension In
deed, arrests by process of courts, and arrests
in cases Of rebellion, do not proceed altogether
upon the same basis. The former is directed
at the small percentage of ordinary and con-
tinuous perpetration OF crime, while the latter
is directed at the sudden and extensive upri-
sings against the government, which, at most,
will succeed or fail in no great length of time.
In the latter case, arrests are made, not so
much for what has been done, as for what
probably would be done. The latter is more
for the preventive and less for the vindctiye
than the former. In such cases the purposes
of men are much more easily understood than
in cases of ordinary crime. The man who
stands by and says nothing when the peril of
his government is discussed, cannot be msun-
derstood. If not hindered, he is sure to help
tuc inncH i1oTe. IL lit links
ly-talks for his country with "butsn and "ifsn
and sands" or how little value the constitu-
tional provisions have quoted will be render
ed, If arrests shall never be made until defined
crimes shall have been committed NAV be il
Illustrated by few notable examples General
John e. Breckenridge, General Robert L. Lee.
General Joseph L. Johnston, General John b.
Magruder, General William b. Preston, Cen
eral Simon b. Buckner, and Commodore
Franklin Buchanan, now occupying the very
highest places in the rebel war service, were
all within the power Of the government since
the rebellion began, and were nearly as well
known to be traitors then as now. Unaues-
tiolaby if we had seized and held them, the
insurgents cause would be much weaker. But
no one of them had then committed any
crime defined in the law. Every of them If
arrested, would have been discharged on ba-
beds corpus were the writ allowed TO operate.
In view of these and similar cases, think the
time not unlikely to come when | shall be
blamed for having made too few arrests rather
than too many.
BY the third resolution the meeting indicate
their opinion that military arrests NAV be con-
stitutional In localities where rebellion actually
exists, but that such arrests are unconstitu-
tional in localities where rebellion or insurrec-
ton does not actually exist. They insist that
lines of necessary military occupation and
the scenes of instruction" Inasmuch, how
ever, as the Constitution itself makes no such
distinction, | am unable to believe that there
Is any such constitutional distinction. | con-
cede that the class of arrests complained of
can be constitutional only when, in cases of
rebellion or invasion, the public safety NAV
require them; and | insist that in such cases
they are constitutional rhereuer the public
safety does require them; as well in places to
which they may prevent the rebellion extend
ing as in those where it may be already pre-
vailing; as well where they may restrain mis-
chievous interference with raising and supply
ing of armies to suppress the rebellion. as
where the rebellion may actually be; as well
where they may restrain the enticing men
out of the army, as where they would prevent
mutiny in the army, equally constitutional at
all places where they will conduce to the pub
lie safety, as against the dangers of rebellion
or invasion. Take the particular case men
toned by the meeting. 1t is asserted in SUBJ
stance, that Mr.. Vallandigham was, by mill
tary commander. seized and tried "for no
other reason than words addressed to a public
meeting, in criticism of the course of the ad-
ministration, and in condemnation of the mill
tary orders of the general" Now. if there be
no mistake about this !; if this assertion is the
truth and the whole truth; if there was no
other reason for the arrest, then | concede
that the arrest was wrong. But the arrest. as
1 understand, was made for a very different
reason. Mr.. Vallandigham avows his hostility
to the war on the part of the Union; and his
arrest was made because he was laborng. with
some effect, TO prevent the raising of troops
TO encourage desertions from the army and Ia
leave the rebellion without an adeouate mill.