The Goodhue volunteer., 1863-07-01

10 the puDllc safety. Nothing
IS 8 better known in history than that courts
OF justice are utterly incompetent to such
cases. Civil courts organized chiefly. 70,
tria:s Of individuals acting in concert; and
his nquiet times, and on charges well de
fined in the law. Even in times Of peace
baads Of horse thieves and robbers frequent,
y grow too numerous and powerful for. the
ordinary courts of justice. But what com.
|parison, in numbers, have such bands eve,
borne to the iDsurgent sympathizers even
in many Of the loyal States !? Again, ajury
too frequently has at least $ one member
mere ready to hang the panel than to hang
the traitor. And yet, again, he who. dis:
suades one man from volunteering, or indu-
ces one solder to desert, weakens the Union
cause as much as he who kills Union, SOL
der in battle. Yet this discussion or in.
ducement may be so conducted as to be no
defined crime Of which any civil court would
take cognizance. :.
Ours is case of rebellion-so called by
the resolutions bsfore me-in fact, a clear,
fragrant, and gigantic case Of rebellion; and
the provision Of the Constitution that the
privilege OF the writ Of habeas corpus shall
not be suspended, unless when, in cases OF
Of rebellion or invasion, the public safety
may acquire it, is the provision which spe-
cially applies to our present case. This pro-
vision plainly attests the understanding OF
those who made The Constitution, that or
binary courts Of justice are inadequate to
cases of rebellion, their purpose
that, in such cases men may be held in Gus
tody whom tie courts, acting on ordinary
rules, would discharge. Habeas corpus does
DOT discharge men who are pr owed 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 bc proved to be guilty Of defiped
crime, when in cases Of rebellion or inva.
sion, the public safety may require it, This
is precisely our present Casa case of re-
bellion, wherein the public safety does re-
quirc tho suspension. Indeed, arrests by
process of courts, and arrests in cases of re.
bcllion, do not proceed altogether upon the
same basis. The former is directed at the
small precentaee Of ordinary and continuous
preparation Of crime, while the latter is di
rccted at sudden and extensive uprisings
against the Government, which, at most.
vii: succeed or fail in no great length Of
time. In the latter case, arrests are made,
not so much for what has been done, as for
what probably would be done. The latter
is moro for the preventive and less for the
vindictiye than The former. In such cases
the purposes Of men are much more easily
understood than in cases Of OF ldir ary crmo.
The man who stands by and says nothing
when the peril Of his Government is dis
cusse'l, cannot he misunderstood. If not
hindered, he IS sure to help the enemy
much more, If he talks ambiguousIy-talks
for his country with 'buts' and ifs and
.ands.' Ofhow little value the constitution
Al provisions I have quoted will he render.
ell, if arrests shall never be made until de
6ned crimes shall have been committed,
may be illustrated by few notable exam.
pies. General John G. Breckin1idge, Gen.
Robert E. Lee, General Joseph E. Johston,
General John B. Nasruder. General Will.
lam Il. Preston, General Simon B. Buckner
aud Commodore franklin Buchanan, now
occupying the very highest places in the
rebel war service. were oil within the pow.
or of the Government sincs the rebellion
began, and were nearly Is we'll known Il
be traitors then as now. Unquestionably
il: We had seized and held th1m. the insur.
gent cause would be much weaker. But NJ
one Of them had then committed any Grim,
|defined in the law. Every one Of them, i
arrested, would have been discharged on ha
Ibeas corpus, were the writ allowed to ope
rate. In view Of these .nd siimiiar cascs.
think the time not unlikely 10 come Whel
I shail b blamed for having made too few
arrests rssher thaa too many.
By the third resolution the p,setisg indi
cate their opinion that military arrests ma.
Be constitutions! in localities where rebellion
actually exists, bas ;hat such arresis ars On
constitutional in localities where rebellion
Iand incurrsction does not aetually exist
They insist that such arrests si.all not b
inside 'outsids q the lines q nseessssy mil
litasy occupation and the sospss Of insurree
tios.' lnasmurs, however. . the constitn
lion itssH makes 10 such distinction, I q
Gsahas g belieus that thers = anJ such Coz
stitutionA distraction. conesds ih.t q
Islas q arIssts eompIained o. can - osn
Istitstional only vhsn, q easss n rsbsll5o
Ior inyasioa. IL pablie safsty nay rsquil
ftheA a9d. inofpt 1T in swh eesoe Tie