The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1863-07-11


cover this part OF the enemy progra mme
So soon as by open hostilities their ma
chinery was fairly put in motion Yet
thoroughly imbued with a reverence for
the guaranteed rights of individuals,
was slow to adopt the strong measures
which by degrees have been forced tc
regard as being within the exceptions OF
the constitution, aud as indispensable 10
the public safety. Nothing is better known
10 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; and this in quiet times,
and on charges OF crimes we'll defined in
the law. Even in tim s of peace bands of
horse-thieves and robbers frequently grow
too numerous and powerful for the orjin.
airy courts of justice. But what compari-
son, in numbers, have such bands ever
borne to the insu:gent sympathizers even
in many Of the loyal states? Again a ju-
ry too frequently has at least one member
more really 10 hang the panel than to hang
the traitor. And yet, again, he who dis
| suadcs one man trorH Volunteering or iu-
duces one soldier to desert, weakens the
Union cause as much as he who kills a
| Union soldier in battle Yet this dissua-
sion or inducement may be SO conducted
as to be no defined crime of which any
civil court would take cognizance
! Ours is a case Of frebellion-so called by
the resolutions before me-in fact, q clear,
I fragrant ana gigantic case of rebellion !;
: and the provision of the Constitution that
/ the privilege of the writ OF habeas corpus
shall not tie suspended, ualess when, il
car es OF rebellion or invasion, the public
safety NAV require it, is TIE provision
which specially applies to our present case
/ his provision plainly attests the under.
! standing of those who made the Canstitu-
/ ton, that ordinary courts of justice are in
adequate 10 cases of rebellion, -att~sts
their purpose that, in such cases, men
may be held in custody whom the courts,
acting on ordinary rules, would discharge
/ Habeus corpus does not discharge men
who are proved to be guilty of defined
crime; and Its 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 Of rebellion or INVASION,
the public safety may require It. This is
precisely our present case--a case of re.
beliien, wherein the public safety does re-
Iuire the suspension. Indeed, arrests by
process OF courts, and arrests in cases of
the same basis. Tie former is directed 1T
the small per ccniase OF ordinary and con.
tlnuous perpetiat!on OF crime, while the
/, latter Is directed at sudden and extensive
uprisings against the ga.egameHt, which
at most, VIII succeed OF iaIl IN no great
length OF time in the latter case. arrests
/ are made. not SO II.uciI tor what has been
done, a. ior what probably would be done
he latter l. more for the preventive and
. less for the vIn0Ictiye than the former
IN such cases the purposes OF men are
much more easily understood than in or
GInarv crime The man who stands by
and says nothing fLen then peril of his
government Is discussed, cannot Ue IN -
understood. If not hIndered. he Is sure
TO help the enemy; much more, if he
tails aInbIguously ly-talks for his country
with butts and ifs and "ands.' OF
how little value the constitutional provis-
ions have quoted will be rendered. if ar
rests shall never Ue made until defined
crime shall have been committed, may bs
illustrated by a few notable examples
General John {. Breckinridge. General
Robert f Lee, General jos. i. Johnston,
g neral John Z Magruder. General Vim.
B Preston, General Simeon B Buckner,
and Commodore Franklin Buchanuan,
now occupying the very highest places III
the rebel war service, We're all witEi in the
power OF the government since the REBEL
ION began, and were nearly as we'll known
10 be traitors then as now. Cuquestiona-
. bly, if We had seized aud held them the
insurgent cause would be much weaker.
But DO one of them had then committed
any crime defined in the law Every one
of them, if arrested, would have been dis
charged on ka5edS corpp, were the writ al
lowed to operate. In view of these and
similar cases, l think the time net un-
likely 10 come when | shall be blamed for
/ having made too few arrests rather than
too many.
By the third resolution the meeting in.
dicate their opinion that military arrests
may be constitutional! in localities where
rebellion actually exists, but that such
arrests are unconstitutional in localities
where rebellion or iusurrection does not
actually exist They insist that such ar
rests shall not be made outside of the
lines Of necessary military occupation,
and the scenes of instruction Inas-
muck however, as the constitution itself
makes no such distinction, ! am unable to
believe that there Is any such conStitu
al distinction. | concede that the class Of
arrests complained of can be constitutions
al only when, III cases of rebellion or inva
sion, the public safety require them and
| insist that in such case- they are consti-
tuional chtreper the public safety does re.
puire them as well rs in ltces to which
they may prevent the rebellion extending
as III those where it MAY he already I.re-
vaIlug; as well where they may restrain
misChievIous interference with the raising
and supplying OF armies to SUPPRESS the
rebellion, as wher the rebe.lio may acta-
ally be; as we'll where they may restrain
the eLtcins men out CT the army,
as where they would prevent mutiny in
the army equally constitutional at all
places where they will cOhduce to the
,::hlic safety, As against the dangers of re-
bell,,,. O: invasion. Take the particular
case mentiore! by the meeting 1t is as
serted, in substance, that Mr.. Naliand d
ham was. by military commander, seized
and tried "for no other reason than words
addressed to public meeting, In criticism
of the course of the administration, and
in condemnation Of the military orders
or the general" Now, if there be no
mistake 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 wong But
the arrest, as understand. was made for
a very different reason. Mr.. Naliandlg-
ham avows 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; ana
to leave the rebellion without an adequate
military force to suppress it. lie was not
arrested because lie was damaging the
political prospects of the administration,
or the personal interests of the command.
;u. general, but because he was damaging
the army, upon the existence and vigor
of " hich the life Of the nation depends -
He was warning upon the military, and
this gave the military Constitutional juIis
diction to lay hands upon him. If Mr..
Vallandingham was not damaging the