Litchfield enquirer., 1863-06-25

tl0n plainly made Tor such cases. IN Prior to my instailaiion here, it had been in-
 culcated that any State had lawful tight to
 secede from the National Union. and that it
 would be expedient to exercise the right when
 ever the devotees of the doctrine should fail
 to elect . President to their own liking. II was elected contrary to their liking; and, accord.
 ingiy So fur as it was legally possible, they had taken seven States out of the Union, had seiz- cd many of the United States forts, and had fired npon the United States Hag, all before I
 was inaugarated, and, of course, befare I had done any oficiater whatever. The rebellion thus begun soon ran into the. present civil war; and, in certain respects. it began on very une- qual terms between the parties. The insur- gents had been preparing fur it more than thir- y years, while the Government had taken no steps to resist them. The former had careful ly considered all the means which could be turned to their account. It undoubtedly was well-pondered reliance with them that in their own unrestrjcted efforts to destroy Union, Consultation and law all together, the Govern msnt would, in great degree, be restrained by the same Constitution and law from arresting their progress Their sympathizers pervaded all departments ot the Government, and near y all communities of the people. From this material under color of {" liberty cf speech."
 liberty of tue Press, and habeas cospus,' they hoped to keep on foot among us most efficient corps of spies, informsrs. suppliers, and aiders and abettors of their course in 3 thousand ways. They knew that in times such as they were inaugurating, by the Consti- tuition itself, the "habsas corpus might be suspended; but they also knew they had friends who. would make question as to sOso waa to suspend it; meanwhile their spies and others might remain at large to help on their cause. Or il. as has happened, the Executive should suspend the writ. without ruinons waste of time. instances of arresting innoeent per. sons might occur. as are always likely to oc- cur in such cases; and then clamor could be raised in rsgard to this. which might be, at least. of aome service to the insurgent cause. It needed no very keen perception to discovsr this part of the enemy's programme. So soon as by open hostilities thsir machinery was fair
 ly put in motion. Yet thoroughly imbued with reverence for the guaranteed rights of indi- viduuls, was slow to adopt the slrong meas urvs which by degrees have been forced to ragard us being within the except,ons of the
 Consultation, ani as indispensable to the pub lie safety. Nothing is hctter known to histo- " than that courts of justice are utterly in- competent to such cases Civil courts are or. gauizcd chiefly for trlals of individuals. or, 1t
 most, U 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 fre- quently grow too numerous for the ordinary courts of justice. But what comparison, in numbers, have such bands ever borne to the insurgent sYmpathizsrs even in many oe the loyal Statess Again, . jury too frequently has at least one more ready to hang the pam nel than to hang the traitor. And yet, again. he who dissuades one man from volunteering, or induces one soldier to desert, weakens the Union cause as much as he who kills Union soldier in battle. Yet this dissuasion or in- ducement may bs 70 conducted as to bs no defined crime of which any civil court would take cognisance.
 Ours is case of rebellion 90 called by the resolutions before ne--in fact, . clear. 6a- grant, and gigantic case of rebellion and the privilsgs of the writ of habsas corpus shall not be suspended, unlsss when in casss of rsbell- ion ar invasion, the public safety may require it. is tie provision which specially applies to our present case. This provision plainly at tests the understanding of those who made the Constitution, that ordinary courts of justice arc inadequate to eases of rebellion n's-at- tests their purpsss that, in such cases. men may bs held in custody whom the ceurts, act ing on ordinary rules. would discharge. Ha- 6res corpus does not discharge men who are proved to be guilty of defined crime; and its suspenaion is allowed by the Constitution on purpose that men may be arrested and held who cannot bs proved to be guilty Of defined crime, .when, in cases of rebellion or inva, siou, tue public safsty may require 1t. This is pfecisely our present case--a case of rebell- ion. wherein the public safety does require tho sqspelsion. Indeed, arrests by process of courts, and arrests in cases Of rebellion. do not proceed sltogether upon the saIns basis. Tho former ia directed st the small percentage. of ordinary and continuous perpetratiOu of crime, while tho latter is directed at sudden and ex.ensivs upr;sings against tho Govern msnt. which, at most, will succeed or fail in no gpeat length of time. In the latter case. ar- rests are made. not 50 much for what has been done, as for what probably would hs done. The izsfsr is more for the preventive and less for the yihdictive than the former. h such casss the pqrposes of men arc much more ea. sily undsrstood than in cases of ordinary crims The man who stands by and ssys nathipg when the ner;l If his GovsrnHept is discussed, can-s