Ellsworth American., 1863-06-26

constitutional and lawful measure to sup
press the rebellion; and have not know
lngly employed, nor shall knowingly en-
ploy any other. But the meeting, by their
resolutions, assert and argue that certain
military arrests, and proceedings follow
ing them, for which am ultimately re-
sponsible, are unconstitutional. | think
they are not. The resolutions quote from
the Constitution the definition Of treason,
and also the limiting safeguards and guar
antees therein provided fer the citizen on
trials for treason, and on his being held
to answer for capital or otherwise inEl.
nous crimes, and, in criminal prosecutions
his right to a speedy and public trial by
an impartial jury. They proceed to re.
solve that these safeguards of the rights
of the citizen against the pretentiQns of
arbitrary power were intended more es-
pecialiy for his protection in times Of civil
commotion" And, apparently to demon
stratc the proposition, the resolutions pro.
coed They were secured substantially
to the English people after years of pro-
tractcd civil war, ard were adopted into
our Constitution at the close of the revo-
luton" Would not the demonstration
nave been beiter,t 1t could have been tru-
y sad that these safeguards had been
adopted aud applied during the civil wars
during our revolution instead oi alter the
one and at tue close ot the other 1, toe,
am deyotedly foF them after civil war,and
before cIy' war, ana at all times, " except
when, In case OF rebellion or INVASION, the
public safety may require their susPen-
sion. The resolutions proceed to tell US
that these safeguards '' have stood the test
Of seyenty-slx years OF trial, under oar
republican system, under circumstances
winch show taat whlle the} constitute the
the foundation Ct ali Tree government,
tAoy arc the clements of the enduring sta
blAtg OF the republic No one denies
that they have 50 stool the test ~ 10 the
beginning Of the present rebel en-, if wc
except certain occurrence at New Or
leans nor does any one question that they
will stand the same test much longar alter
the rebellion closes. Bat these progis-
ions OF the Constitution have no aPplca-
tloa to the ease we have III hani. because
the arrests complained Of were not made
for tfeason-;hat Is, not for the trea sou
defined IN the Constitution, aud upon the
conviction Of which the punishment /.
de1th-uor yet were they made to hold
persons to answer t7r any capital or 9th
crwlse infamous crimes; nor were the
proceedings following in any constitutions
al or legal sense : crlmlna! prosecutions,
The arrests were made on totally different
grounds, and the proceed'ps7 following
accorded with the grounds of the arrests.
Lat Us consider the real case with which
we are dealing anl apply It to the parts
Of the Constitution p!aln J made Tor such
cases.
Prior to my installation here 1t hlI
been laculcatci that any State h0I . iaw-
Ia! right to seccde from the national Ga-
ion, and that it would be e<pcdleEt to e&-
crei>e the right whenever the devotecs Of
the doctrine shout fail to elect Presi-
dent to their own liking, | was elected
contrary to their liking anl accordingly
s) far a. it was legally possible, they had
taken seven States out of the hion, had
seized many OF the United States forts,
and had FIRE! upon the United States h4g
all before | was iaangnr tel, ami, Of
course, before | had done any eilltaI act
whatever. The rebellion thus began soon
ran into the present civil war; ami, in
certain respects it began on very unequal
terms between tae parties. The insur-
gcants had been preparing for II for more
than thirty years, while the government
had taken no steps TO resist them. The
former had eAre!ul,y considered all the
means which could be turned to their az
count. Ii undoubtedly was well pond
cred reliance with them that IN their own
unrestricted efforts to destr, the Union,
Constitution and law all together, the goy-
ernmcnt would, in great degree, be re-
strained 10y the same Constitution and law
from arre,ting their progress. The SYM
pathiz2r, peryadel all departments Of the
government and nearly all communities Of
the people. From this material, under
cover of "liberty Of speech, -" .i)rrty OF
the press" aal "hqjsas corpus" they
hoped to keep on foot among Us a most
j efficient corps of spies, intormeFg, suPpli-
crs and aiaers and abettors Of their cause
in thousand WAYS. They knew that in
tmes such a, they were inaugafatins, by