Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1863-06-30

ed Tor the citizen on trial Tor treason, ana
on his being held to answer for capital or
otherwise infamous crimes, and in criminal
prosecutions, his right to speedy and pub
lie trial by an impartial jury. They pro
coed to resolve .that these safeguards OF
the rights of the citizens against the pre-
tentions of arbitrary power were intended
more especially for bis protection in times
of civil ccmmotion." And, apparently to
demonstrate the proposition, the resolu-
tons proceed, ''they were secured substan-
TALLY to the English people after years Of
protracted civil war, and were adopted into
our Constitution at the close of the Revo-
luton" Would not the demonstration
have been better if it could have been truly
said that these safeguards had been adopt
ed and applied during the civil wars nd
during our Revolution, instead Of after the
one and at the close of the other! /, 100,
am devotedly for them after civil war and
before civil war, and at all times, 'except
when, in cases of rebellion and invasion,
the public safety may require" their sus-
pension. The resolutions proceed to tell
us that these safeguards shave stood the
test of seventy-six years 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 so stood the test up to the beginning
of the present rebellion, if we except GER
tain occurrence at New Orleans; nor does
any one question that they will stand the
same test much longer after the rebellion
closes. But these provisions of the Con-
stitution have no application to the case we
have in hand, because the arrests complain
ed of were not made for treason-that is,
not for the treason defined in the Constitu
ton, and upon the conviction of which the
punishment is death; nor yet were they
made to hold persons to answer for any
capital or otherwise Infamous crimes; nor
were the proceedings following, in any con
stitutionai or legal sense, "criminal prose
cutions." The arrests were made on total
ly different grounds, and the proceedings
following accorded with the grounds of the
arrests.
Let us consider : lie real case with which
we are dealing and apply to it the parts OF
the Constitution plainly made for such cas-
es.
Prior to my installation here it had been
inculcated that any State had lawful right
to secede from the national Uuion, and that
it would be expedient to exercise the right
whenever the deyotees of the doctrine
should fail to elect President to their
own liking. was elected contrary to their
liking; and, accordingly, SO far as 1t 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 States flag, all before !
was inaugurated, and, of course, before l
had doae any official act whatever. The
rebellion thus begun soon ran into the pres
ent civil war; and, in certain respects, 1t
beaan on very unequal terms between the
parties. The insurgents had been pFepar-
ing for it more than thirty years, while the
Government had taken no steps to resist
them. The former had carefully consider
ed all the means which could be turned TO
their account 1t undoubtedly was we'll
pondered reliance with them that in their
own unrestricted efforts to destroy Union,
Constitution and laws, all together, the
Government would, in great degree, be re-
strained by the same Constitution and law
from arresting their progress. Their sym
pathizers pervaded all departments OF The
Government and nearly all communities OF
the people From this material, nader
cover Of "liberty Of speech" elderly OF the
press" and "habeas corpus" they hoped
to keep on foot amongst us most efficient
corps Of spies, informers, suppliers and aid
ers and abettors of their cause in thou
sand ways. They knew that in times such
as they were inaugurating, by the Consti-
tuition itself, the habeas corpus might be
suspended; but they also knew they had
friends who would make question as to
acho was to suspend it; meanwhile Their
spies and Others might remaiG at large to
help on their cause. Or il, as has happen
ed. 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 clamor could be raised in regard
to this, which might be, at least, of some
service to the insurgent cause. 1t needed
no very keen perception to discover this
part Of the enemy's programme, so soon as
bv open hostilities their machinery was
fairly Put 10 motion Yet, thoroughly inn
bued with a reverence for the guaranteed
rights of individuals, was slow TO adopt
the strong measures which by degrees |
have been forced to regard as being WITHIN
the exceptions Of the Constitution, and as
indispensable 10 tie pubic safety. Nothing
is better known to history than that courts
Of Justice are utterly incompetent TO such
cases. Civil courts are organized chiefly
for trials Of individuals, or, at most, few
individuals acting in concert, aud this IN
quiet times, and on charges well defined IN
the law. Even in times of peace bands Of
horse thieves and robbers frequently grow
too numerous and powerful for the ordna-
nv courts Of justice. But what comparison
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