Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1863-06-24


talks for his country with ssbuts'' and .sifs''
and sands." or how little value the consti-
tutional provisions have quoted will be rem.
dered, if arrests shall never be made until de-
flned crimes shall have heeR committed, may
be Illustrated by few notable examples. Gen.
erai John @. Breckinridge. General Robert
b. Lee, General Joseph L. Johnston, General
John B. Magrnder, General William b. Pres
ton, General Simon B. Buckner, and Colrmo-
dore franklin Buchanan, now occupying the
very highest places in the rebel war service,
We're all within the power of the governme mt
since the rebe liion began, and were nearly as
well known TO be traitors then as now. Un-
questionably, if We had seized and held them
the insurgent cause would be much weaker
But no one OF them had then committed any
crime defined in the law. Every one of them,
II arrested, would have been discharged on
habeas corpus were the writ allowed to oper-
ate. In view of these and similar cases, |
think the time not unlikely to come when
shall be blamed for having made too few ar
rests rather than too many
By the third resolution the meeting indi-
cate their opinion that military arrests may be
constitutional in localities where rebe iion ac-
tually exists, but that such arrests are nncon-
stitutional in localities where rebellion or in
surrection does not actually exist. They in
side of the lines of necessary military occupa-
ton, and the scenes of nsurrection.' Inas-
much, however, as the Constitution itself
makes no such distinction, ] am unable to be-
lieve that there is any such Constitutional dis
tinction. l conccde that the class of arrests
complained of can be Constitutional only
when, in cases OF rebellion or invasion, the
public safety may require them and l insist
that in such cases they are constitutional wher-
sUer the public safety does require them as
well in places to which they may prevent the
rebellion extending as in those where it may
be already prevailing as we'll where they may
restrain mischievious interference with the
raising and supplying of armies to suppress
the rebellion, as where the rebellion may ac-
tuaily be; well where they may restrain the
enticing men out of the army, as where they
would prevent mutiDy in the army; equally
constitutionally 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 asserted, in substance, that Mr.. Valandig-
ham was,by military commander, seized and
tried 'sfor no other reason than words address
sed to public meeting, in criticism of the
course OF the administration, and in condem-
nation OF the military orders OF the general"
Now, if there be no istake 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 understand, was made for very
different reason. Mr.. c. L. Valandigham a
VOWS his hostility to the war on the part of the
Union and his arrest was made because he
was laboring, with some effect, to prevent the
raising of troops; to encourage desertions
from the army and to leave the rebellion
without an adequate military force to sup
damaging the political prospects of the ad
or the personal interests of the
genera, but because he was dam
aging the army, upon the existence and vigor
)f which the life of the nat ion depends. He
vas warning upon the military. and this gave
he military constitutional Jurisdiction to lay
,ands upon him. If Mr.. VallaudIgham was
lot damaging the military power of the coun-
~, then his arrest WAS made on mistake of
act, which l would be glad to correct on rea-
onably satisfactory evidence.
l understand the meeting, whose resolutions
do he, in r,ya Of.
he rebellion by military force-by armies. |
long experiences has shown that armies cannot |
,e maintained unless desertion shall be pun
shed by the severe penalty of death. The
;ase requires, and the law and the Consti- |
ntion sanction, this punishment. Must L |
hoot simple minded soldier boy who deserts |
While must not touch hair of willy agita-
or who induces him to desert7 This is none
he less injurious when effected by getting /
ather, or friend, into a public meeting, and I
here working upon his feelings till he is per-
uaded to write the soldier boy that he is
lighting in a bad cause, for wicked admins
ration of contemplate government, too
ert. think that in snch a case, to silence
he agitator and save the boy is not only con-
but withal great mercy.
II be wrong on this question of constitution
] power, my error lies in believing that GER
ain proceedings are constitutional when, in
ases of rebellion or invasion, the public safety
equires them, which would not be constitu-
absence Of rebellion or invasion
he public safety does not require them in
'ther words, that the constitution is not, in its
pplication, in all respects the same, in case
# rebellion or invasion involving the public