The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1863-06-19

stead Of after the one aud the close Of the
otherP I, too, am devotedly for them
after civil war, and before civil war, and
at all times, "except when, in cases of
rebellion or Invasion, tae public safety
may require" their suspension. The
resolutions proceed TO tell us that these
feventy-six years Of trial under our
republican system, under circumstances
which show that while they constitute
the foundation of all free government,
they are tho ELEMENTS of the enduring
stability OF the republic" No one
denies that they have 30 stood the test
up TO the beginning of tho present re-
beliion If we except a certain occur
renee at New Orleans; nor does any one
| question that they will stand the same
test much longer after the rebellion
closes. Bat these provisions Of the Con-
stitution have no application TO the case
We have Ia hand because the arrests
I complained Of were not made for treason
1T ~ Is, not for &c treason defined ID
the Constitution, and upon the conviction
OF which the punishment is deAth---nor
yet were they made TO hold persons to
answer for auy capital or otherwise in
famous crimes; nor were the proceedings
following, in any constitutional or legal
sense, criminal prosecutions" The
arrests were made on totally different
grounds, and the proceedings following
accorded with the grounds of the ar
rests. Let US consider the real case with
which we are dealing, and apply to it the
parts Of the Constitution plainly made
for such cases.
Prior TO my installation here IL had
been inculoaed that any State had
lawful right to secede from the national
Union, and that it would be expedient
TO exercise the right whenever the de-
voices of the doctrine should fail to
elect a President TO their own liking. l
was elected contrary to their liking; and,
accordingly, so far As it was legally
| possible, they had taken seven States
out Of the Union, had seized many Of
the United States flrts, and cred upon
the United States flag, all before l was
inaugurated, and, Of course, before had
done any official act whatever. The re-
belliOn thus began soon ran into the
present civil war; and, in certain re-
spects, il began on very unequal terms
between the parties. The insurgents
had been preparing for il moro than
than thirty years, while the government
had taken no steps TO resist them. The
former had carefully considered all the
means which could be turned 10 their
account. II undoubtedly was we'll
pondered reliance with them that in their
own unrestricted efforts to destroy Union,
Constitution, and laws, all together, the
government would, in great degree, be
restrained by the same Constitution and
law from arresting their progress.
TIER symyR:hizers pervaded all departs
menis of the government and nearly all
communities of the people, From this
material, under cover of elderly OF
speech, I" liberty of the press,D and
"habeas corpus" they hoped 10 keep on
foot amongst as most Efficient corps OF
spies, informers, supplieTs, and aiders
and abe tors Of their cause in Thousand
ways. They knew that in times such
as they were inaugurating, by the Con-
slituton itself, the habeas corpus"
might be suspended; but they also
knew they had friends who would make q
question as 20 Soho was TO suspend iti
meanwhile their spies and others might
remain at large 10 help on their cause
Or If, as has happened, the Executive
should suspend the writ, without ruinoui
waste of time, instances OF arresting in.
noceht PERI >ns might occur, az are al.
ways likely 10 ocear In such cases; anc
then a clamor could be raised 10 regard
, ~ this, which might be, at |, asst, of som'
service 70 the insurgent cause. IL needed
no very keen pereepti N TO discover thii
part Of the enemy's programme, 30 sooI
as by open hostilities their machinery
: was fairly put in motion. Yet, thor,
, Oughiy imbued with reverence for tn,
guaranteed rights of individuals, wa
slow 30 adopt The strong measures which
by degrees I have been freed TO regarC
! as being within the exceptions Of th
: Constitution, and as indispensable 10 th,
. public safety. Nothing is better know
! to history than that the courts Of justic
) are utterly incompetent 10 such cases
3 Civil courts are organized chiefly 70
= trials OF individuals, or, at most, few
a individuals acting in concert; and thi
: in quiet times, aud on charges of crime
!, well defined 10 The law. Even in time
. Of peace bands of horse thieves and rob
e hera frequently grow too numerous an
powerful for the ordinary courts Of jus
:. tice. But what comparison, in numbers
e have such bands ever borne to the insur
: gent sympathizers even in many Of On
o loyal States? Again jury too frequent
: ly has at least one member more read
I, 20 hang the panel than to hang the trai
r. tor. And yet, agaiu, he who dissuads
q ono man from volunteering, or induce
Al one soldier to desert WeAkens the Unio
/ cause as musa as he who kills Unio
II soldier in battle. Yet this discussion {
Il inducement may be 60 conducted as
q be no defined crime Of which any civ
9, court would take cogniz 'noe.
n Ours is a case OF rebellion--so calle
o by the resolutions before me--in fact,
/ clear, faerant, and gigantic case Of rebs
i lion and The provision Of the Coast
10 tuition that "the privilege Of the writ
8 habeas corpus shall not be suspendel
Is unless when, in eases of rebellion or X
TO vasion the public safety may require II
70 IL he provision which specially apple
Is 10 our present case. This proYisiC
"a plainly atiosts the understanding Of tho
We who made ihe Constitution, that ogdinar
OF cOurts Of justice are inadequate 10 cas-
OF Of re- bellion, '-.attests their purpose tha
70 in such cases, men may bo held IN ca
of tody whom the courts, acting on ovdinai
to rules, would discharge, Habeas corp'
D. does not discharge men who are prove
b. 20 be guilty OF defined crimoi and I
pr suspension rs allowed by the Constitud'
re on purpose that men may be arrested on
~ h.ld 80 rannot be proved 10 be gull