New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-06-15

tally 70 the English people after years Of pro-
trscted civil war, and were adopted into our Con.
.titution at the close of tho Revolution" Would not
tho demonstration have been better if It could have
been truly said that these safeguards had been
adopted and applied during the civil wars and
during our Revolution, instead Of after the one and
at the close of the otheri too, am devotedly for
them after civil war, and before civil war. and at
all times, Except when in Of rebellion or in.
vasion, the public ssfety may require" their su'pen-
sion The resolutions proceed TO tell US that these
safeguards shave stood the test Of seventy-six
Yeas of trial, under our republican system, under
circumstances which show that, while they constitute
the foundation Of all free government they are the
elements Of the enduring stability Of the Republic"
No one denies that they have stood tho test up TO
the beginning Of the present Rebellion il We except
certain occurrence at New-Orleans; nor docs any
one question that thoy will stand tho test much
longer after the Rebellion closes But these provs-
ions of the Constitution have no application to the
care We have in hand because the arrests COM
planned Of were not made for tresson-tbst 10, not
for the treason defined in tho Constitution and upon
conviction Of which the punishment b death
nor yet were they made to hold persons TO answer
for any capital or otherwise infamous crimes; nor
were tire proceedings following n any constitutional
or legal sense, criminal prosecutions" The ar
rests were made on totally different grounds, and the
proceedings following accorded with the grounds OF
the arrests. Let US consider tho real case with which
we are dealing, and apply to it the parts Of the Con-
siitution plainly made for snch cases.
Prior to my installation here, it had been incul.
Gated that any State had q lawful right to secede
from tie national Uuion snd that il would be exPe-
dent 70 exercise the right whenever the devotees
of the doctrine should fail to elect Presilen,
to their own liking. was elected contrary to their
liking; and, accordingly, so far as is was legally
| possible they had taken seven States out Of the
Union, had seized many of the United States forts,
and had fired upon the United Staes dag. all before
| WAS inaugurated, and, of course, before had
done any Official act whatever The Rebellion thus
began soon into the present Civil War; and, IN
certain respects 1t began on very unequal terms be-
tween the parties. The insurgents bad been pre-
pairing for it more than thirty years while the Gov
| ernmept had taken no steps 10 resist them. The
former had carefully considered sll the means which
could be turned to their account. Ii undoubtedly
was we'll pondered reliance with them that, IN
.lituton, aud law. all together, the Government
would, in grea, degree, be restrained BY the same
Constitution and law from arresiiDg their progress.
Their sy mpathizep pervhdsd all departments Of the
Government and nearly all communities OF tho PEI
pie. From this material. under cover Of liberty of
speech. "libery Of the press." and "habess cor
pus. " they hoped 10 keep on foot among Ne moot
efficient corps Of spies informers ,upper aud
aders aud abettors Of their cause IN thousand ways
They knew that in times such rs they were insusu-
rating, by the Constitution sef, the "habeSs
corpus" might be suspeudedi but they also
knew they had friends who would maze
question ss to uto was 10 sufpsnd ~ meanwhile,
their spies aud others might remain nj large - help
on their osuse. Or, II, ne has happened tie
Executive should suspend the writ, without ruinous
waste Il time instances Of arr,sing innocent p,nous
might occur, ~ arc always likely n oeonr In such
oase.; and then canior could be raised IN regard
TO this. which might he, nj least of sotne service to
he iusurg.ut cause. Il needed no very Keen per-
ceptiou to discover this part q tic .nsmys pro-
,ranme, % soon .. by open hosiiIites, aoif ma
chn-ry WIS fairly pm, in motion. Yet thoroughly
imbued with reverence for the guaranteed rsLt.
u individuals. Wa. ,lov 10 NGop, the strong
regard M being within The exceptions q tie Consd
tuition, and NJ Indispensable To the public safety.
Nothing ia better known 10 history tAGa that courts
Of justice are utterly incompetent 10 such canes.
civil courts Organized chiefly FOR tiiAls OF
individuals, or, al mo,t, n few individuals acting
10 concert; and tins ~ quiet timer, ard on charges
of crimes well defined In The las. Even ia times Of
peace bands Of horse-thicycs robbers frequently
grow too numerous aud powerful Tor the ordinary
courts Of justice But what comparison, IN mum
bers have such bands borne 10 The insurgrni
sympalhizers even in many OF the loyal States
Again ajory too frequently Las Il, least one men-
Der more ready 10 hang the panel than 10 hang tue
traitor And yet, again, ho who dissuade' one
man from volunteering, or induces one soldier
10 desert, weakens tue Union much he
who kills Union soldier in battle. Yet this dif-
suason or inducement may DO ~ conducted ne 10 be
10 defined crime of which any civil court would take
cognizanco.
Ours il a case OF rebeion-s so called by the reso.
| lutions before me-in fact, clear, nasraOt and
gigantic care of rebellion; aud tie proyisiou of the
Constitution that tho privilege II the wril Of
Labeas corpus snail Lot be Suspended, unless When,
in cases Of rebellion invasion, The public safety
may require it," is The provision which spec ally APP
plies to our present This provision plainly at-
tesls the understanding OF hore no made the Consti
luuon, tDat ordinary courts OF justice aIe inadequate
to canes Of rebellion their purpose that,
in such cares, may be held in custody whom tho
courts, acting ordinary rules, wouli discharge.
Habeas corpus does not dschargo men who are
proved to be guilty Of deiD.d crime; aud lie suhpen-
l.. l,, a. ~.
men may be arrested aud led VINO cannot be- prov ed