The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1863-07-03

grounds Of the arrests. Let US conslaef the
real case with which we are dealing, and ap-
DIV to it The parts of the constitution plainly
made for such cases.
Prior 70 my installation here, it had been
inc ulcated that sry State bad lawful right
to secede from the national Union, and that
it would be expedient to exercise the right
whenever the devotees of the doctrine
should fail to elect President to their own
liking. / was elected contrary to their IL
king and, accordingly, SO far as il was le
gally possible. they had taken seven States
out Of the Union. had seized many Of the
United States forts, and had fired upon the
/ United States flag. all before l was inaugu-
rated, and. of course, before l had done
any official act whatever. The rebellion
thus began soon ran into the present civil
war and. in certain respects, it began on
very unequal terms between the parties
| The insurgents had been preparing for it
more than thirty years, while the govern
ment had taken no steps TO resist them
The former had carefully considered all the
means which could be turned to their ac
count. II undoubtedly was well ponder
ed reliance with them that 10 their own un-
restricted efforts to destroy Union, constilu-
ton and law all together, the government
would. in great degree. be restrained by
the same constitution and law from arrest
ing their progress. Their sympathizers per-
vaded all departments of the government,
and nearly all communities Of the people
From this material, under cover of 'liberty
ofspeech." "liberty OF the press and "ha.
beas corpus" they hoped to keep on foot
among US a most efficient corps Of spies, in
formers, suppliers, and aiders and abetlors
Of their course in thousand ways. They
knew that in times such as they were inaug
urating, by the constitution itself the habeas
corpus might be suspended; but they also
knew they had friends who would make
question as to whO was to suspend il mean
while their spies and others might remain
at large to help OH their cause. Or if. as
has happened, the Executive should suspend
the writ. without ruinous waste Of time, 10.
stances OF arrestlng innocent persons might
occur. as are always likely to occur in such
cases /; and then clamor could be raised in
regard to this. which might be, at least. of
some service to the insurgent cause. 1t
needed no very keen perception to discover
this part OF the enemy's programme. so soon
as by open hostilities their machinery was
fairly put in motion. Yet, thoroughly i'm
bued with q reverence for the guaranteed
rights of individuals, was slow to adopt
he strong measures which by degrees 1
nave been forced to regard as being within
he exceptions Of the constitution, ard as
to the public safety. Nothing
> better known to history than that courts
f justice are utterly incompetent to such
ases. Civil courts are organized chiefly
Or trials Of individuals, or, at most, few
acting in concert; and this in
Iuiet times. and on charges Of crimes well
|nEp poI vaxu 4
,ands Of horse thieves and robbers FREQ uent-
y grow too numerous and powerful for the
courts of justice. But what COM
parison, in numbers, have such bands ever
borne to the insugsnt sympathizers even in
many OF the loyal States Again, a jury
100 frequently has at least one member more
ready to hang the panel than to hang the
.raitor. And yet. again, he who dissuades
one man from volunteering, or induces one
soldier to desert, weakens the Union cause
IS much as he who kills Union soldier in
Dattle. Yet this discussion or inducement
nay be SO conducted as to be no defined
rhine Of which any civil court would take
,ogniz4nce. .
Ours is case of rebellion--so called by
he resolutions before me--in fact. a clear,
lagrant aud gigantic case OF rebellion and
be provision Of the constitution that "the
rivilege Of the writ Of habeas corpus shall !
OF be suspended. unless when. in cases of .
ebellion or invasion, the public safety may
sQuirs it," is the provision which specially !
pplies to our present case. This provision
lainly attests the understanding Of those
ho made the constitution, that ordinary /
,urts Of justice are inadequate to ceases |
rebellion ''-attests their purpose that. in
,ch cases, men may be held in custody /
HON the courts, acting on ordinary rules, |,
ould discharge. Habeas corpus does not
ischsrge men who are proved to be guilty
defined crime aud its suspension is al
,wed by the constitution on purpose that !
len may be arrested and held who cannot
e proved to be guilty of defined crime, !,
when, in cases of rebellion or invasion. 1
ne public safety may require it, This is
our present case--a case of rebel
on. wherein the public safety does require
he suspension. Indeed, arrests by process
{ courts, and arrests in cases Of rebellion.
10 not proceed altogether on the same basis.
The former is directed at the small percent
Ige Of ordinary and continuous perpetratiou
Il crime. while the latter is directed at sud-
len and extensive uprisings against the gov
rnment, which. at most, will succeed or +,
all in no great length o; time. In the lat
What has been done as for what probably
: ould be done. The latter is more for the
preventive and less for the vindictive than +,
he former In such cases, the purposes of
nen are much more easily understood than
n cases OF ordinary crime. The man who
tands BY and says nothing when the peril
# his government is discussed, cannot be
II not hindered. he is sure
o help the enemy; much more. il be talks
.mbg guously--talks for his country with
buts" and " ifs " and lands" OF how
title value the constitutional provisions l
ave quoted will be rendered. il arrests shall
,ever be made until defined crimes shall
,ave been committed. may be illustrated BY
few notable examples. General John G.
General Robert E Lee. Gen.
raj Joseph E. johnson. Genera! John B.
dayruder. General William B. Preston Gen.
SIMON b. Buekner, and Commodore Frank
in Buchanan. now occupying the very
highest places in the rebel war service.
rere all within the power Of the govern
neni since the rebellion began and were