Prescott journal. [volume] (Prescott, Wis.) 1861-1871, 1863-03-11
Efis views of Summary Arrests
and tire Emancipation
PrOcIasnatiOn.

power of the Presdel t To do certain
things: that is-beiore we enter upon n
construction of the provisions OF the Con
Stitution, let us first settle the question
whether we have any Constitution to be
construed. The summary arrest Of few
northern sympthizers with treason, may
be very unconstitutional; that however,
is question that we can discuss hereaf-
ter. But this rebellion must be suppress
ed nor or neper. Beauregard in his late
proclamation at Charleston called upon
the people to come with or without arms,
come W til scythes, with fails. with any
thing to kill federal soldier. So here. in
this baud to hand fight for national life,
We have 40 time to examine CLOSELY
whether every blow that is given, be &C
cording TO the constitution. Fit kill or
help to Kill Il traitor in arms, if it darken
the chances Of southern success, and tends
thus to give preponderrnco TO tire Gov
eminent, we will settle this constitutional
scrape after the peace; wien we shall
not be interrupted in our Investigations
by The roar of baltic, or seduced away by
the sn Get enchantment OF drum, and fife.
Jackson by proeIaiming martial law mt
New Or.eans, arreSting editors ana
Judges and threatening to blow up the
legislature, repealed threatened inra-
son, preserved the sanctity Of our soil
and supported the Constitution. But
YOU NAV say his was unconstitutional. |
suppose SO: but was it not wise in that
emergency to violate the form Of the
constitution to preserve lis substance,
The people so declared by elccting Jack
son twice to the presidency against all the
wing criticisms upon his SO caliel arbitra-
ry Illegal condNct. The principles by
which our public men ale to be judged
are plain. If it was necessary, then it
was right, to suspend tbs haJsas corpus.
If you think it was unnecessary in those
states where the courts were sitting, so
do !; if you think it was unwise to sus-
pend the habeas corpus, which the
Anglo Saxon has always regarded as 40
inviolation to re volt, so do /; but is this
the time to enter into an Al CRY conten-
ton with the government, upon this sub
iect. which will certainly weaken it, aud
aid the rebellion. Of two evils, hut one
of which can be corrected al the same
time, let Us by all means first correct the
greatcr, There have not been five hun
bred persons summary arrested in all the
north. They have been confined in forts
and fed and clothed by the government.
Compare the sum total Of their sutferings
with the condition of five hundred thou
sand of our loyal men, whose blood is
daily sinking in southern soil, aud cry
ing TO heaven for vengeance upon
southern traitors aud northern sympathi-
sers with treason. Let us rescue these
first, put down the REBEL on, establish the
then we will attend 10 the
case of these fat fellows in Fit. Lafayette
and other healthy places Of restraint,
where they have been kept from danger.
perhaps from crime and if it turn out
that they been nnjustly imprisoned, let us
make them ample restitution, and pun
sih those who imprisoned them. Con
side ring that nearly if not quite all who
have been arrested, have been offered
their liberty upon merely taking the
oath Of allegiance, and have been detain-
ed because they icfuc,d, their case.
though ercecd;nglg interesting IN
constitutional pom: Of riew can await an
hour Of the breathing time Of peace, for
finai adjustment.
2. These illegal arrests are very bad
but they faI! only upon white men, and
that could he endured. But the uupar-
donab Q sin Of tins administ alton, It's
against the holy ghost of poll
tics, is THE EMANCIPATION PROCLAMATION.
A dcmoc rat might consent 10 be impris-
oned b mself. but it breaks his heart to
think rigger may be free
Why, We are told hy men black in the
face with wrath, IT IS unconstitutional
We'll, that is my understanding of it.
But after the best investigations have
been able to give the subject, ! am of
opinion that the rebellion is unconstitu-
tional also. the plaintiff demur to my
defence, | NAV attack his statement of
action, and Judgment must be given
upon the whole record. If an accom-
plished soldier he set upon by pair ted
savage at midnight, may not the soldier
defend himself bY blow not taught by
the rules Of art? If traitors attack the
government by unconstitutional means,
may not loyal men defend it by the same
means! Or does the constitution only tie
the hands of its friends? No one iustifios
the proclamation except as an exercise of
the war power. In and of itself it ac-
composites nothing; 1t merely announces
the future military policy of the govern
ment. when the war ceases. the war
power ceases with it: and the south can
return to their duty to day, and thus end
the war, and plead the constitution in
defence of themselves and their proper
ty.
The white population of the south is
under arms, and fed by crops raised by
slaves. Without this resource the rehell-