Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-06-25
they are not, The rssslutions auots from


antees therein provided for the ctizea O..
trials for treason, and on bis being held to
answer for capital or otherwise Infamous
crimes. and, in criminal prosecutions, bis
right to speedy and public trial by gu
impartial jury. They proceed to resolve
" that these safeguards OF The rights of the
citizen against the pretensIons of arbitra-
~ power were intended more especially
for his protection in times Of civil commo-
ton" And apparently to demonstrate
the proposition, the resolutions proceed:
They were secured substantially to the
English people after years of protracted
civil war, and were adopted into our Con.
stitution at the close of the revolution"
Would not the demonstration have beeu
better, if it could have been truly said
that these safeguards had been adopted
and applied during the civil wars nd d,-
ring our revolution, instead of after the
one and at the close of the other /. too.
am devotedly for them after civil war,
and before civil war, and at ali times
"except when, in cases of rebellion or
invasion, the public safety may REQUIRE y
their suspension. The resolutions pro-
coed TO tell Us that these safeguards shave
stood the lest of seventy six years OF trial,
under our republican system, under cir
cumstances which show that while they
constitute the foundation of all free gov
eminent, they are the elements of the en-
during stability Of the republic" No
che denies that they have SO stood the
test up to the beginning of the present re-
bellion, If we except certain occurrence
at New Orleans nor does any one cues
tion that they will stand the same test
| much longer after the rebellion closes.
But these provisions of the Constitution
have no application to the case we have
IN hand, because the arrests complained OF
were not made for treason-that is, not
for the treason defined in the Constitution
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
constitutional or legal sense, :. criminal
prosecutions" The arrests were made on
totally different grounds, and the proceed
ings following accorded with the grounds
OF the arrest. Let Us consider the real
cause with which We are dealing, and ap-
ply to it the parts of the Constitution
plainly made for such cases.
Prior to my installation here it had been
inculcated that any State had lawful
right to secede from the nation Union,
and that it would be expedient to exercise
the right whenever the devotees of the
doctrine should fail to elect President to
their own liking. [ was elected contrary
to 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
fired upon the United States flag, all be-
J fore | was inaugurated, and, Of course, be-
fore had done any official act whatever.
The rebellion thus begun soon ran into the
present civil war; and, in certain respects
it began on very unequal terms between
the parties. The insurgents had been pre-.
| pairing for it more than thirty years,
while the government had taken no steps
| to resist them. The former had carefully
considered all the meaDs which could be
turned to their account. 1t undoubtedly
was a well-pondered reliance with them
that in their own unrestricted efforts to
destroy Union, Constitution, and law,
all together, the government would, in
great degree, be restrained by the same
Constitution and law from arresting their
progress. Their sympathizers pervaded all
departments of the government and near
ly all communities of the people From
this material, under cover of "liberty OF
speech" "liberty of the press" and "ha~
6eds corpus" they hoped to keep on
foot amongst US most efficient corps OF
spies, intormers, suppliers, and aders
and abettors of their cause in a thousand
ways. They knew that in times such
as they were inauguratiDg, by the Con-
stitution itself, the 'habeas corpus .
might be suspended :; but they also knew
they had friends who would make d
question as 10 Oh0 was to suspend it
meanwhile their spies and others might
remain at large TO hell on their cause. Or
If, as has happened, the Executive should
suspend the writ, without runous waste
OF time, instances OF arrestlDg innocent
| persons might occur, as are always likely
to occur in such cases; and then a 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 by open
hostilities their machinery was fairly put
in motion. Yet, thoroughly imbued 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 ex-
ceptions of the Constitution, and as indis.
pensable to the public 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, a few
| individuals acting in concert; and this in
quiet times, and on charges of crimes well
defined in the law. Even in times OF
peace, bands Of horse-thieves and robbers
frequently grow too numerous and power
ful tor the ordinary courts of justice. Blu,
what comparison, In numbers, have such
bands ever borne to the insurgent sympa
th!zers even in many of the loyal States
Again jury too frequently has at least
one member more ready to harg the pane
than to hang the traitor. And yet, again
| he arho dissuades one man from Uolunteer
ing, or induces one soldier to desert, oeak
ems the Union cause as mach as he aohl
kills a Union soldier IN battle. Yet this
| discussion or inducement may be so con
oooI0o az " oe LIZ ueHAeu Ciitue VI "h1cL
any civil court would take cognizance.
Ours is case of rebellion-so called BY
the resolutions before me-in fact, clear
fragrant, and gigantic case of rebellion
and the provision of the Constitution thai
" the, privilege of the writ of habeas cor
pus shall not be suspended, unless when
| in cases Of rebellion or invasion, the pub
lie safety may require it, is the provision
which specially applies to our present case
This provision plainly attests the under
| standing of those who made the Consti