The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1863-06-26

the constitution itself, the hsbess corpus
might be suspended but ther slso inew
they had friends who would make question
as 10 who acds 10 suspend il (; meanwhile their
spies and Others might keep at large 10 keep
on their cause. Or II, as has happened. the
exeeut We should suspend the writ, without
ruinous waste of time, instances of arresting
innocent persons might occur in such cases !;
and then a clamor could be raised IN regard
to this, which might be, al least, Of some ser
, vice to the insurgent cause. 1t needed no
very keen perception 10 discover this mart OF
: The enemy's programme, so soon as y -. =
hostililiss their machinery was fairy pu, n
motion. Yet, thoroughly -imbued with rev.
erence for the guaranteed rights of individu-
ais, was slow ID adopt the strong measures
which by degrees have been forced to re
gard as being within the exceptions Of the
} constitution, and as indispensable TO the pub
hc safety Nothing is better known 10 his
tory than that courts of Justice are utterly
; incompetent TO such cases. Civil courts are
: organized chiefly for trials of individuals,
or, al most few individuals, acting in co n
cert, and this in quiet times, and on charges
of crimes well defined in the law. Eve. in
times of peace bands of horse thieves and
robbers frequently grow too numerous and
powerful for the ordinary courts of Justice
But what comparison in numbers have such
bands ever borne to the insurgent sympa-
thizers, even in many of the loyal states
Again. jury too frequently has at least one
member more READY TO hang the pannel than
to hang the traitor. And vet, again, be who
dissuades one man from volunteering, or in
duces one soldier to desert, weakens the
Union cause as much ss be who kills Union
soldier in battle. Yet this discussion or in
ducement may be so conducted as to be no
defined crime of which any civil court would
take cognizance.
Ours is case of rebellion-so called by
the resolutions before me-in fact, clear,
tiagrant and gigantic case of rebellion; and
The provision of the constitution that the
privilege of the writ of habeas corpus shall
not be suspended unless when, in case of re-
bellion or invasion, the public safety may re-
quire il" is Tic provision which specially ap-
plies TO our present case. This provision
plainly attest the understanding of those who
made the constitution that ordinary courts of
justice are Inadequate to leases of rebel
lion "-attests their purpose that, in such
cases, men may be held in custody whom the
courts acting oil ordinary rules, would dis
charge. Habeas corpus does not discharge
men who are rored TO be guilty of defined
crime and It's suspension is allowed by the
constitution on purpose that men NAV be ar
rested and held who cannot be proved TO be
guilty of defined crime, when in cases of
rebellion or invasion, the public safety may
require It." This Is precisely our present
Casa case of rebellion, wherein the public
safety does require the suspension. Indeed,
arrests by process of courts and arrests in
cases of rebellion do not proceed altogether
upon the same basis. The former is directed
at small per eentage of ordinary and con-
tinuous perpetration of crime, while the later
is directed at sudden and extensive uprisings
against the government, which, at most, will
succeed or fail in no gaeat length of time.
In the later 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 preventive 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 and SAYS nothing when the peril
of his government is discussed cannot be
misunderstood. If not hindered he is sure to
help the enemy; much more if he talks am
blg15usl lv-talkS foT Ms country g;th butts
and " ifs ana ard>.''
OF hnw little value the constitutional pro-
visions have quoted viii be rendered, if
arrests shall never be made until defined
crimes saall haze been committed, nav be
Illustrated hv few notable examples. a.
1,hv. q HI ID l.
Gen joseph l. Johnston, Gen John b. Mg-
sruier, G-n William B. Preston, Gen Sia, :.
b. BuckLer, aud Commodore Fraaklln Bu-
ehanan, now occupying the very highest
places In the rebel Wai service, were all with
in the power OF the Government since the
rebellion began and were nearly as well
known to be traitors then as now Unques-
tionahly if We had sezed 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 discharg-
ed on Labeas corpus were the writ allowed
to operate. In view of these and similar
cases, | think the time not unlikely to
come when | shall be blamed for having
made too few arrests rather than too many.
By the third resolution the meeting iudi-
cate their opinion that military arrests NAV
be constitutional in localities where the re-
beliien actually exists, but that such arrests
are unconstitutional in localities where rebel
lion or lnsurrettion does not actually exist.
They insist that such arres. shall not be made
/" outside of the lines of necessary military
occupation, and the scenes of insurreciion.'
lnasmueh, however, a. the Constitution itself
makes no such distinction, | am unable to
believe that there Is any such constitutional
distinction. | clncsle thlt the class of ar
rests complained of can be constitutional only
when, ia cases Of rebellion or invasion, the
public safely may require them; and | insist
that IN such cases they are constitutional
rherccer the public safety does require them;
as well in places 10 which they may prevent
the rebellion extending, as in those where it
may bc already prevailing; as well where
they may restrain mischievous interference
with tic raising and supplying of armies to
suppress the rebellion, as where the rebellisu
may actually be; as well where they NAV
restrain the entlcing men out of he army, as
where they would prevent mutiny in the
army: equally constitutional al all places
where they will conduce to public safety, as
against the dangers of rebellion or invasion.
Take the particular case mentioned by the
meeting. 1t is asserted, in substance, that
Mr.. Nallandigham was, by a military COM
mander, seized and tried "for no other reason
than words addressed TO 8 public meeting in
criticism of the course of the Administration,
and in condemnation of the military orders of
the General" Now, if there be no mistake