The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1863-07-02

ana arrests In cases OF rebellion, 90 not
proceed altogether upon the same basis.
The former is directed at the small
percentage of ordinary and continuous
perpetratlon Of crime, while the latter is
directed at sudden and extensive upri-
sings against the Government, which, at
most, will succeed or fail In no great
length of time. In the latter case, arrests
are made, not so much for what has been
done, as for what probably would be
done. The latter is more for the preven-
tive and less for the vindictive than the
former. In such cases the purposes of
men are much more easily understood
than in cases of ordinary crime The
man who stands by and says nothing
when the peril of his Government is
discussed, cannot be misunderstood. IF
not hindered, be is sure 10 help the enc
my; much more, if he talks ambiguous
ly for his country with ebuts" and
''lfs" and sands" OF how little value
the constitutional provisions l have quo
ted will be rendered, if arrests shall never
be made until defined crimes shall have
been committed, may be illustrated by a
few notable examples. Gen. John c.
II.
Joseph q. johnson, Gen. John b. Ma
gruder, Gen. William b. Preston, Gen
Simon b. Buckner, and Commodore
franklin Buchanan, now occupying the
very highest places in the rebel war
service /; were all within the power of the
Government since the rebellion began,
and were nearly as well known as traitors
then as DOW. Unquestionably, if we had
seized and held them, the insurgent cause
would be much weaker. But no one of
them had then committed any crime
defined in the law. Every one of them,
if arrested, would have been discharged
on habeas corpus were the writ allowed
to operate. La view of these and similar
cases, | think the time no. unlikely to
come when | shall be blamed for having
made too few arrests rather than too
mary.
BY the third resolution the meeting
Indicate their opinion that military arrests
may be constitutional in localities where
actually exists, but that such
arrests are unconstitutional in places where
rebellion does not actually exist. They
insist that such arrests shall not be made
''outside OF the lines OF necessary military
occupation, and the scenes ofinsurrection.
lnasnuch, however, as the Constitution
itself makes no such distinction. | am
unable to believe that there is any such
distinction. | concedc that
the class of arrests complained of can be
only when, in cases of
rebellion or invasion, the public safety
may require them ; and [ insist that, in
such cases, they are constitutional wher-
ever the public safety does require them
as well in places to which they may pre-
vent the rebellion from extending, as in
those where it may be already prevailing
as we'll where they may restrain mischiev
ous interference with the raising and
supplying of armies to suppress the
rebellion as where the rebellion may
actually be; as well where they may
the enticing men out of the
army, as where they would prevent mutt
ny in the army equally constitutional at
all places where they viii conduce to the
public safety; as against the dangers of
rebellion or Invasion. Take the particu-
ar case mentioned by the meeting. II
IS asserted 5y Mr.. Vallandigham was, by
1 military commander, seized and tried,
for no other reason than words addressed
20 public meeting, in criticism of the
course of the Administration, and in
of the military orders of
he general" Now, if there be no mis-
AXE about this if this assertion is the
ruth, and the whole truth if there was
10 other reason Tor the arrest, then |
,oucede that the arrest was wrong. But
he arrest | understand, was made for a
liGerent reason. Mr. Vallandig ham vows
lis hostility to the war on the part of the
Union and his arrest was made because
le was laboring, with some effect, to
prevent the raising of troops; to encourage
lesertions from the army. ard to leave
he rebellion without any adequate mill
ary force to sNppress it. He. was nc:
arrested because he was damaging the
political prospects OF the Administration,
Or the personal interests of the command /
ng general but because he was damaging
he army, upon the existence and vigor
,fwhichthe life ofthe nation depends. He
was warriDs upon the military, and this gave
the military constitutional jurisdiction to
ay hands upon him If Mr.. Vallandig-
ham was rot damaging The military power
IF the country, then his. arrest was made
On mistake of fact, which | would be glad
to correct ON reasonable satisfactory eyi-
lence.
[ understand the meeting, whose reso-
lutions am considering. to be in favor OF