The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1863-06-25

were they made to hold persons to an
swer for any capital or otherwise infsm
Gus crimes; nor were the proceeding
following, in any constitutional or lega
sense, "crimipal prosecutioDs.' Tn
arrests were made on totally diferen
grounds, and the proceedings following
accorded with the grounds Of the arrests
Let Us consider the real case with which
we are dealing, aud apply to it the part:
of the Constitution plainly made for sucl
cases
Prior to my installation here, it had
been incuIcatcd that any State bad 4
lawful right to secede from the natiopa
Union. and that it would be expedien,
to exercise the ri ht whenever the de
voices of the doctrine should fail to cleo,
Il President to their own liking. was
elected contrary to their liking and, &C
cordincly, so far as i, was legally posi-,
bic, they had taken States out of :ne
Union, had sc;zcd many q the United
States forts, aud had fired upon tie Unit,
cd States flag, all before ! was iDaugu.
rated, and, Of course, befo:e had done
any official act whatever. The Rebellion
thus began soon Zap into the present
Civil War; aud, il certain respects, it
began on very unequal terms between
the parties. The Insurgents had been
preparing Tor i: more than thirty yrars,
whli1 the Government had taken no
steps to resist them. The former had
carofp H., c1pc;I,r, L u h. ,,rore " Ia . i
could be turned to their account. 1t
undoubtedly was well pondercd reliance
with them that. in their own unrcstrIct-
ed efforts to destroy lion, Constitution,
and law, all together, the Government
would, 10 great f>gree. b. restrain cd ~
the same Constitution and law from ar
resting their Hrccrcss Their sympath-
izers potvad,d al departments, Of the
Government and nearly all communities
of the people From this material, IN,
der cover Of ''frcc Speech elderly of
the press, and "habcas cor,uS,' they
hoped to keep Oh foot among US NEST
efficient corp, Of spies, intormcr<. sup
pliers, and aidtr> and abettorS of their
cause in thousand ways. They knew
that in times such as they were inaugu-
rating, by the Constitution itself, the
"habcas corpus might be suspended F.;
but they also knew they had friends who
would make question as to rho was to
suspend it; meanwhile, their spies and
others might remain at large to help on
their cause. Or, if, as has happened,
the Executive should suspend the writ,
without rulnous waste Of time, instances
of arresting innocent persons might oc-
cur, as are always likely to occur in such
cases and then clamor could lie raised
in regard to this, which might be, at
east, Of some service to the insurccnt
'ausc. 1t needed no very keen pcrccp.
ion to discover this part of the enemy'S
programme, so soon as, ty open hostiIi-
les, their machinery was fairly pa, in
motion. Yet, thoroughly inbued with
! reverence for the guaranteed rights Of
individuals, | was slow to adopt the
strong measures which by degrees | have
been forced to regard rs being within
the exceptions Of the Constitution. AM
as Indispensable to the public safety
Nothing is better known to history than
that counts If justice are utterly incom-
peteEt to snch cases, civil courts are or
-anIzrd chiefly for trials Of individuals,
#, at most, Il few individuals acting iu
concert and this III quiet times, and on
charges Of crimes we'll defined in the law.
Even in times Of peace, bands of horse
thieves and robbers frequently grow too
and powerful for the ordinary
courts of justice. But what comparison,
in numbers, have such bands ever borne to
the insurg'nt sympatlizer> even in many
Of the loyal States? Again: Jury too
frequently has at least one member more
ready to hang the panel than to hang the
traitor. Aud yet, agaiu, he who dis
suadcS enc man from volunteering, or
induces one soldier to desert, vcakens
the Union cause as much as lie who kills
a Union soldier in battle, Yet this dis
suasion or inducement may he so con-
Quoted as to be no defined crime Of which
any civil! court would take cognizauce.
Ours is a case Of rebellion so called
by the resolutions before mc-iu fact. a
clear, fragrant, and gigantic case of re.
belllon; and the provisions Of the Con
stl'u,ion that "the privilege Of the wri;
of habeas corpus shall not be suspended
unless when, in cases Of rebellion or in.
vasion, the public safety may rcquir.
it, is Me provision which specially ap
Plies to cur present case. This prnuis
i'm plainly a,tcsts the understanding O
those who made the Constitution, tina
ordinary courts of justice are inadcquat,
to Ceases Of rebellion ''-attcsts their nur
pose that, in such cases, men may be
held in custody whom the courts, acting
on ordinary rules, would dis charoe -
ilabcas corpus does not discharge ncr
who are proved to be guilty of defined
crime; and It's suspension is allowed &,
the Constituti,4 On purpose that mel
may be arrested and held who cannot b.
proved to be guilty of defined crime
"whcn, in cases Of rebellion or invasion
the pubic safety may require it, Til:
is pre- iScly our present casc-a case O
rebellion, wherein the public safety doc
require the suspension. Indeed arrest