The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1863-06-17
President Lincoln to the New York Democ-
S. racy'
al gE Joosolups DI 8
| coScLUD Ed /


resolutions before me-in fact, a clear, htgrant,
and gigantic case of rebellion and the provision
of he Constitution that " the privilege of the
writ OF habsas corpus shall not be suspended, un-
less when, IN cases of rebellion or INVASION the
public safety may require it" is the provision
which specially applies 10 our present case. This
provision plainly attests the understanding of
those who made the Constitution, that ordinary
courts of justice are inadequate to " cases of re-
beon, ATHEISTS their purpose that, IN such cases,
men may be held in custody whom the courts,
acting on ordinary rules, would discharge. HG-
bedS corpus does not discharge men who are
proved to be guilty Of defined crime and its
suspension is ALLOW ed by the Constitution on pur
pose that men may be arrested and held, who
cannot be proved to be guilty of defned crime,
" when, In cases of rebellion or invasion, the pub
lie safety may require it." This IS precisely our
present Casa Case of rebellion, wherein the
public safety does require the suspension. Indeed,
arrests by process OF courts, and arrests in case
OF rebellion do not proceed altogether upon the
same basis. The former is directed at the small
percentage OF ordinary and continuous perpetra-
ton OF crimes, while the latter is directed at sud
den and extensive uprlsngs against the Govern
ment, which, at most, will succeed or fail in
no great length of time. In the latter case ar
rests are made, not SO much for what has been
done, as for what would probably be done. The
latter is more for the preventive and less for
the vlndlctlve than the former. In such cases the
the purposes OF men are much more easily un-
derstood than IN cases OF ordinary crime. The
man who stands by and says nothing when the
peril of the Government is discussed, cannot be
misunderstood. Ii not hlndered he is sure to help
the enemy; much more, if he talks ambguously
- talks fer his country with butts and " IFS :"
and g ahds."
VI how little value the constitutional provisions
have quoted will be rendered, it arrests shall
never be made until defined crimes shall have com
mIted, may be illustrate by few notable exam.
pes. Gen. John & Breckenridge, Gen. Robert
Il. Lee, Gen. JOSEPH +. Johnston, Gen John b.
Mdgruder, Gen. Wlllam b. Preston, Gen. Simon
b. Buckner, aud Commodore franklin Buchanan,
now occupying the very highest places in the reb-
q war service, were all within the power of the
Government since the rebellion began, and were
nearly as well known to be traitors then as now
nqueSuonably if we had seized and held them,
the lnSurgent cause would be much weaker. Bat
no one CT them had ever committed any crime
defined in the law. Every one Of Them if arrest
ted, would have been discharged o. habeqs corpus
were the writ allowed to operate. ln view of
these and similar cases, think the time not un-
likely TO come when shall be blamed for having
Made too few arrests rather than too many.
BY The third resolution the meeting indicate
their opinion that !tary arrests may be constr
tutonal IN localities where ret elton actually ex-
lists, but that such arrests are unconstitutional in
loCallteS where rebellion or instruction does not
actually exist They insist that such arrests shall
not be made " outside of the lines of necessary
military occupation and the scenes of insurrec-
uon." lnasmuch, however, as tn Constitution
itself makes no such distinction, am unable to
believe that there Is any such constl utional di,.
tinctiou. | concede that the class Of arrests CON-
planned OF can be constitutional only when, ia
Cases Of rebellion or invasion, the public sufety
may require them and | insist that in such cases
they are constitutional tchereCer the public safety
does require them we'll in places to which
they may prevelt the rebellion extending as in
those where 1t may be already prevailing as
we'll where they may restrain mischevous utter.
terence with the raising and supplying OF armies
to suppress the rebellion, as where the rebellion
may actually be as well where they may restrain
the enticing men gu; of the army, as where they
would prevent mutiny in the army equally coh-
stltutlonal at all places where they will conduce
TO the public safety, as against the dangers Of re.
beon or INVASION Take the particular cass
mentioned by tire meeting. 1t is asserted in SUD.
stance, that Mr. Vallandlgnam was, by military
con. mander, seized aud tried )" for no other rea.
son than words addressed to public meeting, il
criticism OF the course of the Administration, and
in condemnation of the military orders of the
General Now, ii there be no mistake about
this If this asst rton is the truth ana the who'll
ruth II there was no other reason tor the arrest
then concede that the arrest was wrong. BIZ
the arrest, as understand was ma lie for ver7
different reason. Mr.. Vaandlgham avows his
hostility TO the war the part oil the Union;
aud h arrest was made because he WAS Aborioo.
d M III IL. -. =