Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1863-07-17
. H. NO. %. PARIS ME- FRIDAY July II ISe3

have quoted viii be rendered. ifarrests shal
never be made until defined crimes shau
have been committed. may be illustrated
by a few notable examples Gen. John C.
Breckinriigs. Gen. Robert T.. Lee. Gen
Joseph L. Johnston. Gen. John b. Masru
der. Gen. Wa. b. Preston Gen. simeon
B- Bucknsr. and Commodore Franklir
buchanan. now occupy Ing the very hishes;
place in the rebel war service. were al
within the power Of the governments since
the rcbellioa began. and were nearly as vel
known 10 be traitors then as now. Tn
questionably II We had seized and held
them. thea tie insurgent cause would bs
much weaker. But noone Of them had then
committed any crime defined in the law.
Every one Of them. larrested. would have
been discharged on habeAs corpus were the
writ allowed 70 operate In view Of these
and similar cases. I think the time not un-
likely 70 come when shall be blamed for
having made too few arrests than too
many.
BY the third resolutions the meeting in
dieate their opinion that military arrests
may be constitutional in localities where re-
beIion or insurrection does not actually ex-
ist- They insist that such arrests shall not
be made - outside Of the lines of necessary
military occupation. and the scenes Of IN
surrection.- Inasmuch. however. a. the
Constitution itsef makes no distinction
am unable 10 believe that there Is anv such
constitutional distin netiOn. concede that
the class Of arrests. complained Of can be
constitutional only when. in cases Of rebel
Lon or Invasion. the psblic safety nav re-
quirc them and insist that IN such cases
they are constitutional wherever the public
safety require them; As well in places to
Which they may prevent the rebellion ex-
tending as IN those where II may be already
pailing; as well a. where they nav restrain
mischievous interference With the raising
and supplying Of armies 70 suppress the re-
belhon as where the rebellion may actually
be; as well where they may restrain the en-
ticing men cut Of the army. as where they
would prevent nutiny in the army; equally
constitutional AZ AL places where they will
conduce to the public safety. a. against the
dangers az rebellion or invasion. Take
the particular case mentioned by the meet
ing. II - asserted IN substance. that Mr..
Nallandigham vas. by 4 military com man
der. seized and tried. 80 for no other reason
than words addressed - public meeting.
In criticism Of the course OF the administra-
ton. and in condemnation Of the orders Of
the general" Nov. II there be no mistake
about this Il this assertion l. the truth aud
the whole truth; u there was no other rea
son for the arrest. then aoncede that the
arrest was wrong. But the arrest a. un-
derstand, was made for a very different
reason. Mr. Nallaniigham ayous his hos-
ti.iiy 60 The war on the part Of the Union ;
and his arrest was made because be was Ia
boring, With some effect O. prevent the rais-
lng of troops % encourage dcscrtions from
the army and % leave the rebellion with
out an adequate military force 70 suppress
10. lie was not arrested because he vas
damaging the political prospects of the al
miuistration. or The personal Interests 81
the commanding general. but because he
vas damaging the army. upon thc existence
and Nigor of which the liie of the nation de-
pcnds. lie was warning upon the military
constitutional juri.dici.ou o. lay hands up
on him lfMr Nallandigharn vas not dam
asin- the military power Of The country.
then his arrest vas made on mistake Of fact.
which ! would be glad to correct on reas-
onabiy satisfactory evidence
I understand the meeting. whose rcsoia-
tious ] am considering. 60 be in favor Of
supPrcss.ns the rebellion bv military force
by armies. Long experience has shown
that armies cannot bc maintained uniess de-
sertion shall be punished by The severe pen
alry Of death. The case rcg1ire.. and the
law and thc constitution sanction. this pun
i.hucnt. Mast I shoot simple-mindei
soldier boy wto deserts. Will. must not
touch hair o. wills agitstor Who induces
tim to dcsert< This b. none the less iniu-
nous when effected ty getting a father. or
brother. or friend. into a pgliic meeting.
and there working upon BE feelings tin b.
b. persuaded to write the soldier boy thar b.
81 sighting in a s1d cause. fora wicked al
ministration of a contempt.ble goscrumcnt.
COO weak % arrest and panish him if D.
shall desert. think that in such a case.
to silence the agitator and save the boy is
not only constituti.naL tut uithala great
mercy.
II ! BE wrong On this question Of corsti-
tuticnal power. NY error les in believing
thar certain proceedings are consttutioual
Wien. in eases Of rebellion or invasion. the