The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-06-24
The President Oh the Habeas Corpus and
Military Arrests.

urs to defend Pennsylvania and the States on
her borders against the rebels bent on Invasion,
as this plain, straightforward answer, which be
has given 70 the resolutions Of the New York
Democracy, has done in argument, whether IN
point Of constitutional law or the more geaeralls
appreeiAble logic of common sense-we shall
ask no better, and shall say that TIE proclama-
ton has done well.
Il i notable ard imperishabie monument Of
generous sentiment aad trae msgnanimity in the
President, that in such crisis as must tax al.
bis faculties 70 meet the tremendous response
bilites Of his high position, he could conceive
the purpose to write such paper ia answer TO
such men.
EXECUTIVE MANSION
Washington June Il, 1868.
Hon Erastsss Corning and Others:
GKSrLEHEN: Your letter Of Nay 10, enelo
sing the resolutions OF public meeting held az
Albany New York on the 10Th OF the same
month, were received several days ago.
The resolutions az | understand them are
receivable into two positions-hrst, the e1
preston Of purpose 20 sustain the cause Of the
Union % secure peace through victory, aud 20
support the admin etration in every constitutional
and lawful measure 10 suppress the rebellion
aud secondly, a declaration of censure upon the
administration for supposed unconstitutional a.
ton, such as the making OF military arrests.
And, from the Two propositions, third Is dedu-
ced, which is that the gentlemen composing the
meeting are resolvedo on doing their part 20 MAIN
tain common government and country, des
pite the folly or wckedness, as they may con-
ceive, Of any administration This position j.
eranenty patriotic, and az such, | thank the
nation for il. Nv own purpose is the same; So
that the meeting and myself have a common ob
iect and can have no difference, except, IN the
choice Of means or measures for effecting thai
object.
And here ought to close this paper, and
would close it, if there we're no Apprehension
that more injurious consequences than any
merely personal TO myself might follow the cen
-ures systematically cast upon ne for doing
what in my view of duty, | could not forbear
The resolutions promise to support me in every
constitutional ard lawful measure TO suppress the
rebellion /; and have Dot knowingly employed
nor shall knowingly employ any other. But the
Meeting, by their resolutions, assert aud argue
that certain military arrests, aud proceeding
following them, for which | am ultimately re
| sponsible are unconstitutional. | think they
are not The resolutions quote from the Con
stitutiOn the definition OF treason, and also the
limiting safeguards and guarantees therein pro
sided Tor the citizen on trial for treason, and o.
his being held 10 answer for capital or otherwise
Infamous crimes and, in criminal prosecutions.
his right TO a speedy and public trial by an i'm
partial jury. They proceed to resolve " tina
these safeguards OF the rights OF the citz-L
,gainst the pretensons of arbitrary power were
Intended more especially for his protection d
lines OF civil cOmmOtiOn.' And apparently to
demonstrate the proposition, the resolutions
proceed: "They we're secured substantially to
ne English people after years of protfacted
civil war, and we're adopted into our COnsttu-
non at the close of the revolution" Would not
the demonstration have been better, If it could
nave been truly said that these safeguards had
been adopted and applied during the civil wars
and during orr revolution, instead of after the
one and at the close OF the Others |, too, am
ievotedly for them after civil war, and before
civil war, and at all times, except when, ia ca
ses Of rebellion or invasion, the public safety
may require" their suspension. The resolutions
proceed to tell US that these safeguards "have
stood the test OF seventysix years of trial, under
our republican system. under Circumstances
which show that while they constitute the tOuu
ton OF all tree government, they are the ee-
nents OF the enduring stability OF the republic"
No one denies that they have stood the test up
10 the beginning of the present rebellion if We
except a certain occurrence at New Orleans; no.
Toes any one question that they will stanG
the same test much longer after the rebel
ion closes. But these provisions OF the
Constitution have no application TO the case
We have in hand, because the arrests CON-
planned of we're not made for treasOn-ihat Is,
.i0t tor the treason defined in the Constitution,
aud upon the conviction of which the punish
meat Is death-nor yet were they made - hold
persons 10 answer for any capital or otherwise
Infamous crimes; nor were the proceedings fol
owing, in any constitutional or legal sense,
criminal prosecutions" The arrests were
made on totally different grounds, and the pro-
ceedings foloSing accorded with the grounds OF
the arrests Let us consider the real case with
which we are dealing, and apply to it the parts
OF the Constitution plainly made for such cases
Prior 10 my installation here IL had been iBcul
Gated that any SAFE had a lawful right 10 secede
IRON the national Uuion and that il would De
expedient TO exercise the right whenever the
deVotees OF the doctrine should fail TO elect
President TO their own liking. | was elected
contrary 10 their liking; and accordingly, so Tar
as it was legally possible they had taken seven
States out of the Union, had seized many OF the
United States forts, and had fred upon the Uni
ted States flag, all before inaugurated, and,
of course, before | had done any official act
Shatever. The rebellion thus began soon ran
into the present civil war; and, in certain re-
sps cts, il began on very unequal terms between
the parties. The insurgents had been preparing /
for it more than thirty years, while the govern
ment had takea no steps to resist them. The |
former had carefully considered all the means |
which coald be turned 70 their account. Il IN
doubtedy was a Wellpoudered reliance with /
them that in their own unrestricted efforts TO
destroy Union, Constitution, snd law, all together,
the government would, in great degree, be re-
strained bv the same Constitution and law from /
arrestiug their progress. Their sympathzefs 1
peryaded all departments of the government and /
aearly al communities OF the people. From /
this material under cover of "liberty Of speech
- liberty Of the press aud "ha5eas CORPUS"
they hoped TO keep on foot amongst Us a most 4
efficient corps Of spies infornerS, suppHers, and
aiders and sbetters Of their cause in a Thousand /
wsys. They knew that in times such as they /
we're inaagurating by the Constitution itself. the
= habeas corpus" might be suspended but thew
also knew they bad friends who would make a
question as to irh0 was 10 suspend il; meanwh nile
heir spies and others might remain at large 70
help on their cause. Or if, as has happened, /
lie Executive should suspend the writ, without
'uinOus waste of time, instances of a-resting in
locent persons might occur, as are always likely |
% occur in such cases; and then a ciamor could l
De raised in regard 10 this, whcs might be, al
east, OF some service TO the insargent cause
Ii needed no very keen perception to discover
his mart Of tho auarnia- nroCranrs Al som -