The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1863-07-04


ways. They knew that in times such as
they were inaugurating. by the Constitu-
ton itself, the ''habeas corpus might be
suspended; but they also knew they had
friends who would make question as to
a0hO would suspend it; meanwhile their
spies and others might remain at large to
help on their cause. Or if, as has happen
ed, the Executive should suspend the writ,
without ruinous waste of time, ms stances 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. It needed
no very keen perception to discover this
part Of the enemy's programme, as soon as
by open hostilites their machinery was
fairly put in motion. Yet, thoroughly i'm
bued with reverence for the guaranteed
rights of individuals, | was slow to adopt
the strong measures which, by degrees, l
have been forced to regard as being within
the exceptions Of the Constitution, and as
indispensable to the public safety Nothing
is hetter known TO history than that courts
o. justice are utterly incompetent to such
cases. Civil courts are organized chiefly
for rials of individuals, or at most, a few
individuals acting In concert, and this in
quiet times, and on charges of crimes we'll
defined in the law. Even in times of
peace, bands of horse thieves and robbers
grow too numerous and powerful for the
ordinary courts of justice. But what com
parison in numbers have such bands ever
borne to the insurgent sympathzers even
in many of the loyal States Again, jury
too frequently has at least one member more
ready to hang the panel than to hang the
traitor. And yet, again, he who dissusdes
one man from volunteering, or induces one
soldier to desert, weakens the Union cause
as much as be who kills Union soldier in
battle. Yet this discussion or inducement
may be conducted in such a manner as to
be no defined crime of which any civil
court would take cognizance.
Ours is a case of rebellion-so called by
the resolutions before me-in fact, q clear,
fragrant, and gigantic case of rebellion; and
the provision of the Constitution, that ''the
privilege of the writ of habeas corpus shall
not be suspended, unless when, in cases o.
rebellion or invasion, the public safety may
require it," is the provision which specially
applies to our present case. This provision
plainly attests the understanding of those
who made the Constitution, that ordinary
courts of justice are inadequate to ceases o.
rebellion "-attests their purpose that, IL
such cases, men may be held in custody
whom the courts, acting on ordinary rules
would discharge men who are proved to be
gully of defined crime; and its suspension
is allowed by the Constitution on purpose
that men may be arrested and held who can
not be proved to be guilty of defined crime
"when, in cases of rebellion or invasion, the
public safety may require it," This is pre-
cisely our present casa case of rebellion
wherein the public safety does require the
suspension. Indeed, arrests by process Of
courts, and arrests in cases of rebellion, dc
not proceed altogether apon the same basis
The former is directed at the small per.
centage of ordinary and continuous perpe
petrati0n of crime, while the latter is direct
ed at sudden and extensive uprising:
against the Government, which, at most
will succeed or fail in no great length o
time. In the latter case, arrests are made
not so much for what has been done, as fo
what probably would be done. The latte
is more for the preventive and less for th'
vindlctive than the former. In such case
| the purposes of men are much more easil,
understood than In cases of ordinary crime
| The man who stands by and says nothing
when the peril of his Government is dis
cussed, cannot be misunderstood. If no
| hindered, he is sure to he p the enemy
much more, if he talks ambiguousl y-talk
for his country with ''buts'' and "ifs'' an
lands" OF how little value the constitu
tional provisions have quoted viii be rem
dered, if arrests shall never be made unit
defined crimes shall have been committed
may be illustrated by few notable exam
pies. General John e. Breckenridge, Gener;
Robert E. Lee, General Joseph E. Johnston
General John B. Magruder, General Williar
B. Preston, General Simon B. Buckuer, an
Commodore Franklin Buchanan, now occu
plying the very highest places in the reb,
war service, were all within the power {
the Government since the rebellion begaI
and were nearly as well known TO be ira
tors then as now. PROFESSIONALLY If "
had seized and held them, the insurger
cause would be much weaker. But no on
of them had then committed any crime d.
fined in the law. Every one of them, if al
+ rested, would have been discharged on hi
beas corpus, were the writ allowed to ope
ate. In view of these and similar cases,
think the time not unlikely to come when
shall be blamed for having made too fe
arrests rather than too many.
By the third resolution, the meeting ind
| cate their opinion that military arrests ms
, be constitutional in localities where rebellic
} actually exists, but that such arrests are III
, constitutional in localities where rebellion
instruction does not actually exist. Th'
! insist that such arrests shall not be mat
: "outside of the lines OF necessary milital
! occupation and the scenes of instruction.
: Inasmuch. however, as the Constitution
self makes no such distinction, am unab