Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1863-06-23

one soldier 10 desert, weakens the Union cause as
much as he who kills Union soldier in battle.
Yet this discussion or inducsmsnt may be so con-
Quoted az 10 bs no defined crime Of which any
civil court would take cognzance.
Ours ia case OF rebellion---so called by the
resolutions before me---in fact, a clear, fsgrant,
and gigantic case Of rebellion and the provision
Of the Constitution that " the privilege OF the
writ OF hdbsas corpus shall not bs suspended, un.
less when, in cases Of rebellion or invasion, the
public safety may require IT," is The provision
which specially applies to our present case. This
provision plainly sttests the understanding Of
those who made the Consttuuen, that ordinary
courts Of justice are inadequate to " cases Of re-
beion, s.tssts their purpose that, in such cases,
men may be held 10 custody whom the courts,
acting on ordinary rules, would discharge. Ha-
beos corpus does not discharge men who are
proved to be guilty Of defined crime and its
suspension is ALLOW ed by the Constitution on pur-
pose that men may be arrested and held, who
cannot be proved 10 be guilty Of defined crime,
" whsp, in cases Of rebellion or invasion, the pub
lie safety may require it," This ID precisely our
present oase--a case Of rebellion, wherein the
public safety does require the suspension. Indeed
arrests by process Of courts, and arrests in case
Of rebellion do not proceed altogether upon the
same basis. The former is directed at the small
percentage Of ordinary and continuous perpetra.
ton Of crimes, lie the latter is directed at sud
den and extensive uprisings against the Govern
ment, which, OF most, will succeed or fail in
no great length OF time. In the latter case ar.
rests are made, not 90 much for what has been
done, as for what would probably be done. The
latter 10 more for the preventive and less for
the vindicve than the former. In such cases the
the purposes Of men are much more easily un-
derslood than in cases Of ordinary crime. The
man who stands by and says nothing when the
peril Of the Government is discussed, cannot be
misundsrltood. II not hindered he ia sure TO help
the enemy much more, il he talks ambiguously
talks fer his country with 4" butts anu ia
and "apds'
Of how little value the constitutional provisions
| have quoted will be rendered, II arrests shall
never be made until defined crimes shall have con-
milled, may bs illustrated by lev notable exam.
PIES. Gen. John Z. Bucsinridgs, Gen. Robert
L. Lee, Gen. Joseph 4. Johnston, Gen. John Is.
M,gruder, Gen. William b. Prsstsn, Gen. Simon
B. Buekner, and Commodore Franklin Buchanan,
now occupying the very highest places in the reb-
sl war service, we're all within the power OF tbs
Government since the rebellion began, and wsrs
nearly as well known to be traitors then as now.
Unquestlonably Il We had seized and held them,
the inxurgeni cause would be much weaker. But
no one Ct them had ever committed any crime
defined 10 the law. Every one Of them, II arrest
ted, would have been discharged o. habeGs corpus
were the writ allowed to operate. 10 view ot
these and similar c.sss, | think the time not un-
likely ia csms vhen ! shall be blamed for having
made tso few arrests rather than too many.
| By he third resolnrion the meeting Indicate
their opinion tina, military arrests may be consIi'
tutional IN localities where rebellion actually ex-
ii,s, but that such arrests are unconstitutional in
locatiss where rebellion or insurrsolion does not
actually exist They insist that sush srrests shall
not be made outside Of the lines Of necessary
military scsups,ion and the scenes OF n,urrsc-
usn." lna,much, however, As the Constitution
Itself makes no such distinction, am unsble to
bsIieve that there 10 any such constitutional dis
taeton. | conosde that the class Of srresu com.
plsined OF can be constitutional only when, in
cssss OF rebellion or invasion, the public sufsty
nav rsasirs thsm and insist tina, in suoh cases
they are eonsristionsl uhertru The public mfsly
does require them a. veil in places 10 which
,hsy may prevent the rsbsllon extending u ia
these where !, may be already prevailing az
veil where they may restrain nsehsyous inter
ference with the raising and sappying oi armies
10 sppprsn the rsbsllion, a. whore the rebellion
may so,ually bs ss veil where they may restrain
the sntioins men gu, OF the army, n whore they
would prsvsat mutiny in the army equally con
s,itutionsl al all places where they will conducs
10 the public sfsty, n sEsust the dangers Of rs-
bsloa or invssisn. Take the particular case
msntioaed By The meeting. Ii 10 asserted, in SUBJ
stance, that Mr.. Vsllsndieham vas. bya military
commander, seized and tried. for no other rsa'
son than words addressed 10 public meeting, in
criticism Of the oourss Of the Administration, and
In condemnation Of the military orders Of the
General" Nov, II there be no mistake about
THAI il this assertion is the truth and the whole
truth II there was DO other reason for the arrest
then | ooneeds that the arrest was wrong. But
the arrest, as | understand, was made for q very
different reason. Mr. vallsndiehan avows biz
hostility 10 the war on the part oi the Union
and his srrss, Was made because he WAS lsboripg
with some effect, to prevent the raising Of troops
10 encourage deseftions from the army and tc
lesvs the rebellion without an adequate military
force to suppress il. lie was not arrested because
be was damaging the political prospects Of the
Administration, or the personal interests OF the
Commanding General but bscause he was dsmsg
ins the army, upon the existence and ygor o.
which, the life Of the nation depends lie VA
warring upon the military, and this gave the mill
,ary constitutional jurisdiction to lay hands upon
him. II Mr.. vsllsndisham was not damsgins
the military power Of the country then his ar
rest was made on mistake Of fact, which would
be glad to correct on reasonably satisfactory evi
dence.
| understand the meeting, whose resolution,
am considering, TO be in favor Of suppressing th'
/, rebellion by military force-by armies. Long ex
psrencs has shown that armies cannot be main
tained uAle. dssertion shall be punished by tn,
severe penalty Of death. The case requires, anC
the law and the Constitution sanction, this punish
msnt, Must shoot simplo-minded soldier bo!
, who deserts, while must not touch hair cf I
wily agitator who induces him 10 dssertp Thi
} |, none the e. injurious when effected by gettin,
father, or brother, or friend, into public meet
iuu, aud there working upon his feelisgs I'LL he j
psrsuadsd 10 write the soldier bsy that he il hght
/ iur in bad cause, for a wicked Administration 0
! a oontemptibs Government, too weak 10 srres
and punish him Il he shall dstert think tha
} 10 such ssss, TO silence the sgis,er aud saw
the boy il no, oily constitutional, but wlIhal
great mercy.
II l be wrong on this question Of constitution
} al power, my error lies 10 believing that cer,ai'
. proceedings are constitutional when, in cases o
a rebellion and nvssou, the public safety doe
b require then in other word,, that the Constitu
= ton is ao,, 10 tie application, 10 all resp.e. tn
n same, 10 o.sts Of rebellion or invasion involving
}, the public safety, a, 1t Is 10 tins, Of profcun'
a n..os and publc security. The Constitution i;se