, 1863-06-17

plies to 10 our present case. This provision
plainly attests the understanding Of those who
made the Constitution, that ordinary courts
Of Justice are Inadequate to t' cases Of rebel
such cases, men may be held in custody
whom the courts, acting on ordinary rules,
would discharge. HaMds corpus does not dis
charge Zen who are proved to be guilty Of
dcfned crime; and It's suspension is allowed
By the Constitution on purpose that men may
be arrested and held who cannot be proved
to be guilty Of defined crime, when in cases
may require It," This Is precisely our pre-
sent caEe-a case Of rebellion, wherein The
public se6ty does require the suspension. In
deed, arrests by process Of courts, and arrests
In cases of rebellion, do not proceed altogeth-
er upon the same basis. The former is di-
Tected at the small percentage Of ordinary
aid continuous pe1petration Of crime, while
up1isings against the Government, which,
at most, will succeed or fail in no great
length Of time. In the latter ease, ar-
rests are made, not go much for what has
been done, us for what probably would
be done. fThc latter is more ; for tho
preventive and less for the yindictive than the
former. In such cases the purposes OF men
cases Of ordinary crime. The man who
stands by aud says nothing when the peril Of
his Government Is discussed, cannot be mis-.
understood. If not hindered, he Is sure to
help the enemy; much more, if he talks anu
bignonsly-talks for his country with ''buts''
aud ..'ifs'' and "ands." OF how little value
the constitutional provisions I have quoted
will be rendered, if arrests shall never be
made until defined crimes shall hayo been
committed, may be illustrated by few nota-
BILE examples, Genernl John G. Breckenridge,
General Robert 2: Lee, General Joseph E.
Johnston, General John B. Magruder, General
William B. Preston, General Simon B. Buck
occupying tho very highest places III the rebel
war service, we're oil within the power of the
Government since the rebellion began, and
were nearly us well known to be traitors then
us now. Unquestionably, II We had seized
and held them, the iDsurgent cause would be
much weaker. But no one Of them had then
committed any crime defined In the law.
Every one Of them, if arrested. woull have
been discharged Oh hdbtua corpus, were the
writ allowed 10 operate. In view Of these
und similar cases, I think the time not unlike
Iy to come when shall be blamed for having
made loo 7eu arrests Tniher htan too many.
By the third resolution: tho meeting indi-
cate their opinion that military arrests
may be constitutional in localities where
rebellion actually exists, but that such
arrests are Unconstitutional in local
lilies where rebellion and insurrection does
arrests shall not be made s'out5ide OF the lines
of necessary military occupation and the
SCENES Of insurrcction." 1uasmuch, however,
as the Constitution itstIf makes no such dis
tittcfi0n, / am unable to believe that there
is any such constitutional distinction. 7
c0ncede that the class Of arrests complained
Of, can be constitutional only When, in
eates Of rebellion or Invasion, the public
safety may require them, aud, 1 insist that
In eneh cases they arc constitutional ta1e,-
tur the public safety does require them, rs
well in places to which they may prevent the
rebellion extending as in those where 1t may
be already prevailing; as well where they
may restrain 1nisclieyious Interference with
the Fulsing and supplsing Of armies ., to t, snp:
iuay actually be; as well where they may re-
strslin the enticlux men out Of the army as
where they would. prevent mutiny in the
army; nnd equally constitutional at all
places where they will conduce to the public
safety rs against the dangers Of rebellion or
By the meeting. It Is asserted, In substance,
that Mr., Y. was, by II military commander,
seized and tried for no other reason thnn
words addressed 10 public meeting In crlti-
c1sn, Of tile course Ut the Administration,
and in condemnation Of the military orders Of
the General. Now, If there be no mistake
about this, If this assertion is the truth and
for the arrest, then 7 couclude the arrest was
wrong; but the arrest, as / understand, Was
made for very different reason. Mr.
GalIandigham ayows 1Is hostility to the war
on the part Of the Uniun, and his arrest was
nude because lie was laboring with some et-
feet to 1'rese't the raising Of troops to eacoar-
age dtseqtion from the army and to leare the re-
1sUiou ,eitAot an adequate military .forre
to suppress it. He VAS not arrested be-
cause lie was damaging tho political prospects
Of the Administration or the personal inter.
ettsof the commanding General, but because
he was endangering the army. upon the exis-
tencc and yigor Of which the life of the nation
depends. He tcas toarTiny upon tie military,
and this ga,e the ,nifHafy Constitutional jaris-
dictiot to layhdndsmpoh him. II Mr. Vallandig-
ham was not damaging the military power Of
the country, then his arrest was mado on uis-
take Of fact, which would be glad to correct
on reasonably satisfactory evidence.
I understand the meeting, whose resolu-
tions I nm considering, 10 be in favor Of sup
pressing the rebellion BY military force-by
armies. Long experl.nce has shown that
armies cannot he tnatnta!ned unless dcsertiOn
sl:Al be punished by the severe pcnalty OF
death The case requires, and the law and
the Constitution sanction this punishment.
Must I shoot nsimp]e-mtnded soldier boy who
dtserte, while I Must not touch q hair Of n
willy ngitator who induces him to desert?
This Is none the less injurious when effected
by getting father, or brpther, or friend into
a.public meeting, and there working upon Ills
feelings TIL be Is persuaded to write the sol
dics boy TINT he is fighting In q bad cause,
tible Government, too weak to arrest and
punish him If he stall desert think that,
in such case, to silence the dglfafor and sart
tie 10y is not only constitutional, but tcithal q
great mercy.
NV Tn holt hit
certain proceedings are constitutional when,
in cases of rebellion or invasion, the public
safety requires them, which would not be con
stitutfonal when, in absence Of rebellion or
Invasion, the public safety does not require
them: IN other words, that the Constitution
'eame, in cases Of rebellion or invasion inyo1y-
ing the public safety, as 1t Is in times Of pro-
found peace and public security. The Con
stltution itself makes the distinction; and I
can no more be persuaded that the Govern
ment can constitntionally take no strong
measures in time Of rebellion, because 1t can
taken in time Of peace than I can BE- per
suaded that q particular drug is
not good medicine for q sick man,
because 1t can be shown to be not good
food for we'll one. Nor am able to appre.
ciate the danger apprehended BY the meet
ing, that the American people will, by means
thc right Of public discussion, the liberty Of
speech and the press, the law OF evidence
trial by jury, and habtas eorpMs, throughout
the Indefinite peaceful future, which trust
lies befo1e them, any more than am able to
believe that q man could contract 80 strong
an appetite for e1netics during temporary III:
the remainder Of his hcal,Ifa1 life.
In giving the resolutions that earnest con-
sidcration which you request OF me,
I cannot overlook the fact that the meet
ing speak as "Democrats-" Nor can I,
with fill respec. to. their known intelligence,
AID the fairly presumed de1ibe1ation with
which they prepared their resolutions, be per-
nitted to suppose that this occurred by acci-
dent, or in any way other than that they pre-
terred to designate themselves Democrats
rather than s8Amerlcnn citjzens.": In this
time Of national peril would have preferred
to meet you on level one step higher than
any pa.ty platform; because am sure that,
from such much more elevated position, Wo
love, than ne possibly can from those lower
ones where, from the force Of habit, the pre-
iudices Of the past, and sclflEh hopes Of the
future, VIC arc sure to ezpend much Of our
ingenuity and strength IN tindtng fault with,
and aiming blows ut each other. But since you
lave denied me this, I will Jet be thankful,
for the country's sake, that not all Democrats
have done so. He on whose discretionary
judgment Mr. Vallandighau was arrested and
tried is ! Democrat, having no old party affinity
with me; and the judge who rejected the con
stitutfo1fal view expressed In these Teso1u-
tions, by refusing to discharge Mr. Yallandig-
ham. on habeas corpus, is Democrat Of better
days than these, having received bis judicial
mantle at the hands Of President Jaekson.
And still more, Of all those Democrats who
are nohly exposing their lives md shedding
their blood on the battlefield, hare learned
that many approve the course taken with Mr,