The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1863-07-14

while they constitute the foundation of all
FREQ government, they are the elements Of tho
enduring stability Of the republic" No ono
denies that they have 50 stood the test up to
the beginning Of the present rebellion. il we
except a certain occurrence At New Orleans;
nor does any one question that they will stand
the same test much longer after the rebellion
closes. But these provisions Of the Consttu-
ton have no application to the case We have
In hand, because the arrests complained Of
were not made for treason-that is, not for
the treason defined in the Constitution, and
upon the conviction Of which the punishment
is death--nor yet were they made to hobl
persons TO answer for any capital or otherwise
infamous crimes nor were the proceedings
following, 10 any constitutional or legal sense.
"criminal prosecutions" Tho arrests we're
made on totally different grounds, and the
proceedings following accorded with the
grounds OF the arrests. Let us consider the
real case with which we arc dealing, and ap-
ply to il the parts Of the Constitution plainly
made for such cases.
Prior to my installment here, it had been
incplcated that any State had lawfal right
to secede from the national Urion, and that
1t would be expedent to execise the right
whenever the devotoes Of the doctrine should
fail to elect a President to their own liking.
! was elected contrary to their own liking,
and, accordingly, 90 far as it was legally pos
sible, they had taken seven states out Of the
Union, had seized many Of the United States
forts, and had fred on the United States flag,
all before was inagurated aud, Of course be-
fore ] bad done any official act whatever.-
The rebellion thus began soon ran into the
present civil war; and, in certain respects, it
began on very unequal terms between the
parties. The insurgents had been preparing
for it more than thirty ysars, while the Gov
ernment had taken no steps 10 resist them.
The former had carefully considered all the
means which could be turned their account.
II undoubtedly was well pondered reliance
with them that in their own unrestricted ef-
forts to destroy the Union, Constitution, and
law, all together, the Government would, in
great degree, be restrained by the same Con-
stitution and law from arrssting their progress.
Their sympathizers pervaded all departments
Of the Government and nearly all communities
of the people. From this material, under
qcover of liberty Of speech y" liberty of the
press" aud "habeas corpus" the hoped to
keep on foot amongst US most efficient corps
Of spies, informers, supplers, and aiders and
abettors Of their cause in thousand ways.
They knew that in times such as they were
inagurating, by the Constitution itself, the
"habeas corpus" might be suspended; but
they also knew they had friends who wo'd
make a question as to who was to suspend it,;
meanwhile their spies and others might re
main at large TO help on their causo. Or if,
as has happened, the Executive sho'd suspend
the writ, without ruinous waste Of time, in
stances Of arresting innocent persons might
occur, as are always likely to occur in such
cases; {; and then clamor could be raised 10
regard to this, which might be, at least, Of
some service to the insurgent cause. Itneed-
ed no very keen PERCEPTION to discover this
part Of the enemies programme, so soon as
by open hostilities their machinery was fairly
put in motion. Yet, thoroughly imbued with
a reverence for the guaranteed rights Of indi.
viduals, was slow to adopt the strong meas
ures which by degrees have been forced to
regard as being within the exceptions Of the
Constitution, and as indispensable to tho pub.
lie safety, Nothing is bctter known to his.
tory, than that courts Of justice are utterly in.
competent to such cases. Civil courts are or
gan'zed chiefly for individuals, or, at most, a
few individuals acting in concert; and this in
quiet times, and on charges well defined in
the law. Even 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 10 the insurgont
sympatbizers even in many Of the loyal States
Again, jury too frequently has one member
moro ready to hang the panel than to hang
the traitor. And yet, again, he apho disuadss
one man from volunteering, or induces one
soldier to desert, soeakens tie Union cause as
much as he pho kills Union soldier in Bat
tie. Yet this discussion or inducement may
be so conducted as to be no defined crime ol
which any civil court would take cognzance
Ours is cause of rebellion--so called by
the resolutions before me-in fact, a clear
fragrant, and gigantic cases Of rebellion; aud
the provisions Of the Constitution that 81 the
privilege of the writ of habeas corpus shall
not be suspended, unless when, in cases of re.
bellion or invasion, the public safety may re.
quire it," is the provision which speedily ap'
plies to our present case. This provision
plainly attests the understanding Of those
who made tho Constitution, that ordinary
courts of justice are inadequate to "ca,es Of
rebellion. n."-attests their purpose that, in such
cases, men may be held in custody whom
the courts, acting on ordinary rules, would dis
charge. Habeas corpus does not discharge
men who are proved to be guilty Of defined
crime, and its suspension is allowed by the
Constitution on purpose that tnen may be ar
rested and held who cannot be proved to be
guilty of defined crime, "when 10 cases of re-.
bolliou or invasion. the public safety may re.
quire it." This is precisely our present case
"a case of rebellion, wherein the public safe.
ty docs require the suspension. Indeed, ar
rests by process OF courts, and arrests in cases
Of rebellion, do not proceed altogether upor
the same basis. The former is directed al
the small percentage Of ordinary and contin
uous perpetration Of crime, while the latter i
directed at sudden aud extensive uprising
against the Government, which, at most, will
succeed or fall in no great length Of time
In the latter case, arrests are made, as fo
what probably would be done. The latter j
more for the preventive and less for the vim
dictive than the former. In such cases ih
purposes Of men are much more easily under
'ood than in cases of ordinary crime. Th