The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1863-06-19

ttO0TU mlRut tCma" - hekO w :" n y"
heir cause. Or if, 81 has happened, the
Exsssfsvs should suspend the writ, 9th.
~. rSinoes wsste Of time, instanseesof
.rressina innoeent persona n,isht $500.
!. are slwsys litelv to occur r. such cas-
= !: sod tIau 3 clamor could ~ raiss3 in
reSarl . shis. which miRhtdbs. o. Inst,
Of some service to the insurgent cause.
1t needed no very keen perception to
discover this part Of the enemys pro-
vrsmme, 50 soon - BY open hcztiittssf7
their machinery was fairly put in motion.
Yet, thoroughly imbued with reverence
FOR the ouarsnieed rights 81 fadivfduais,
wss slow to adopt the strong measures
which by degrees 1 hsve been forced 70
regard Is being within the exceptions Of
aKe OoSssituticn, ahdss Indispensable IT,
the public 1aiety. Nothing y better
B nown 70 history ihsa that svnsss Of JUS
lice arc utterly incompstent 20 sach cases.
Civil courts are organised chiefly fss trial.
of individuals, or, at most. few individ-
uals acting 10 concert; and this IN quiet
times. and on charges Of Grimes well de 1
fined 10 the law. Even in times Of peace
hands of hor-e thieves and robbers fire.
qaenty- grow 100 numerea. and powerful
tor the ordinary courts of justice. Blu
what comparison. II nunbert, have such
bands ever borne TO the insurgent sympa-
thizers even 10 mlny Of the loyal Suites ?
A gain, jury too frequently has at least
one member ,nore ready to hang the panel
than 10 hang the traitor, And yet, again,
he Wks diA dadss Oue man from volunteer
ing, or inducss one soldier to desert, weak
ens tise lIAior GAUGE - lnnrh IS he Nho
kills Union soldier in battle. Yet this
discussion or inducement msy be so con.
Quoted rs TO be no defined crime of which
any civil court would take cognissfice.
Our 10 d cs.e Of vebellien--se called
by the resolutions before mc-in fact, a
clear, fragrant, and gigantic case Of re-
bellion and tho provision Of the Consti-
tuition that ..the privilege OF tha writ OF
haheas corpus shall no, be suspended, un-
less when, in cases OF rebellion or inva-
sioa, the public safs,y nay srequireit." is
a.e provision which specially applies 70 our
present case. This provision plaialy at
tests the understanding OF those who made
the Constitution, that ordinary courts Of
Justice are inadequate to ceases of rebel
lion. their purpose that, III such
cases. men may be held in custody whom
the courts. acting on ordinary rules,
would discharge Habeas corpus does not
discharge men who arc proved to be guilty
of defined crime, s'whcn. in cases OF re
belIionl or invasion. the public satety may
require it." This is precisely our pres
| eut csae---a case OF rebellion, wherein the
public safety does require the suspension
fmdeed, arrcsis BY process Of c.urts, and
arrests in case OF rebellion, do not proceed
altogether upon the same basis. The for
mer is directed at the small percentage o.
ordinary and continuous preparation o.
crime. while The lat err is directed ut sud
den and extensive uprislngs against tn.
Government. which, ut most, will succeed
. or fail Ia no great length Of time. 10 Tia
latter case, arrests are made, not 50 much
4 car shat has been dou~, ~ for probxbl
what would be dome The latter is NOR,
4 tor the preventive and less for the vindic
tive than the former, In snch cases tn
purposes Of men are much more easily un
/ derstood than in cases Of ordinary crime
The man who stands by and says n"thinl
when the peril of his Government is dis
cuased, cannot be nlisundei stood. If no
hindered, he is sure to help the enemy
much more, fine turks anbignously--talk
for his country with "buts" aud Ifs" ant
sands" OF how little value tho Consti
tuiional provisions have quoted will b
rendered, if arrests shall never BE- mad
until defined crime. shsll have been con,
mitted, may be illustrated by few nota
BILE examples. General John C l,reckin
ridge. Gen. Robert h. Lee. Gen.; Jysepl
E Johnston, Gen. John B. Magruder
Gen VIM B. Preston, Gen. Simon b
Buckner, aud Comnoi lore Funklin Blu
chanan, now occupying the very highes
places in the rebel war service, we're .
within the power OF The Government sine
the rebellion began, and were nearly u
well known to be traitors then rs now. 80
fUnquestonsbly II We had sesedsnd he'll
them, the insurgent cause would b. mucl
weaker. But no one of them had commit
rcd any crime defined in the law. Ever,
one of them, il arrested, would have beef
discharged on habsas corpus were the wri
allowed to operate. In view Of these an,
similar cases, think the time not unIik,l
to come when shall be blamed for havin,
made too few arrests rather than to,
many.
by the third resolution the meeting in
dictate their opinion that military arrest
may be Constitutional 10 localities wh.r
rebellion actually exists. but that such .,
rests are Unconstitutional in iocniitie
, where rebellion or instruction does M
8 uctuslly exist. They insist that such a
!. rests shah not DO made ''outside Of til
d lines Of necessary military occupation, an
+ the scenes Of instruction. Inasmuci
y however, rs the Cunstitutionitse max,
!, no such dis inction, am unable to belle,
5, that there is any such Constitutional d
!, tinetion. | concsdc that The class of a
u rests complained Of can be Constitution
It only when, IN cases Of rebellion or inv
sion, the public safety may require then
o aud | insis, that in such cases they 81
Constitutional ehsrever the public safe
10 does not require them ~ well ia plae,
ID t'which they may prevent the rcbe lion e
y tending as in those where it may ALREADY
u prevailing; us well whore they may restra