Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1863-06-24

from volunteering, or induces one soldier
to desert, weakens the Union cause as
much as he who kills Union soldier in
battle. Yet discussion or inducement
may be so conducted as to be no defined
crime of which any civil court would take
cognizance.
Ours is a case of rebellion-So called by
the resolutions before me-in facts cleal
Hagrant, 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 cases of rebellion or invasion,
the public safety may require it, is tht
provision which specially applies to our
present case. This provision plainly at
tests the understanding of those who
made tine Constitution, that ordinary
courts of justice are inadequate to leases
of rebellion n"-attests their purpose, that
in such cases, men may be held in custo-
dy whom the courts, acting on ordinary
rules, would discharge. Habeas corpus
does not discharge men who are proved
to be guilty of defined crime; and its sus-
pension was allowed by the Constitution
on purpose that men may be arrested
and held who cannot be proved to be
guilty of defined crime, when in cases
of rebellion or invason, the public safety
may require it," This is precisely our
present Casa case of rebellion, where
in the public safety does require the sus-
pension. 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 the
small percentage of ordinary and contin-
uous penetration of crime, while the lat
ter is directed at sudden and extensive
uprisings against the government, which
at most, will succeed or fail in no great
length of time. In the latter case, ar
rests are made, not so much for what has
been done. as for what probably would
be done. The latter is more for the pre-
ventive and less for the vindictive than
the former. In such cases the purposes
of men are much more easily understood
than in the cases of ordinary crime. The
man who stands by and says nothing
when the peril of his country is discussed
cannot be misunderstood. If not hinder
ed, he is sure to help the enemy much
more if he talks ambiguously ly-talks for
his country with ''buts" and Ifs" and
lands" Of how little value the consti-
tutional provisions l have quoted will be
if arrests shall never be made
until defined crimes shall have been COM
mitted, may be illustrated by few nota-
BILE examples Gen. John c. Breckin-
ridge, General Robert E. Lee, General j.
E. Johnston, General John B. Magruder,
General William B. Preston, General ST.
mon B. Buckner, and Commodore Frank
lin Buchanan. now occupying the very
highest places in the rebel war service, !
were all within the power of the govern
ment since the rebellion began, and were
nearly as well known to be traitors then |
as now. Unquestionably if we had seiz-
ed and held them, the insurgent cause |
would be much weaker. But no one of
them had then committed any crime de- 1
fined in the law. Every one of them, if
arrested, would have been discharged on .
habeas corpus were the writ allowed to .
operate. In view of these and similar .
cases, l think the tine not unlikely to .
come when l shall be blamed for having
made too few arrests rather than too ,
many.
By the third resolution the meeting in
licate their opinion that military arrests
nay be constitutional in localities, where
'ebellion actually exists, but that such
ire unconstitutional in localities where
or insurrection does not actually
exist. They insist that such arrests shall
not be made "outside of the lines of
military occupation. and the scenes of
nsubordination." Inasmuch, however,
Is the Constitution itself makes no such
am unable to believe that
here is any constitutional distinction
concede that the class of arrests COM
planned of can be constitutional only
when, in cases of rebellion or invasion,
he public safety require them; and in
list that in such cases they are constitu-
ional wherever the public safety does re-
luire them; as well as in places to which
hey may prevent the rebellion ex-
ending as in those where it may be al
eady prevailing; as well where they may
mischievous interference with
he raising and supplying of armies to
uppresss the rebellion, as where the re-
'ellion may actually be +; as well where
hey may restrain enticing men out of
he army, as where they would prevent
nutiny in the army; equally constitution
i at all places where theywill conduce to
he public safety, is az ainst the dangers
If rebellion or invasion. Take the par ;
icular case mentioned by the meeting.
t is asserted, in substance, that Mr.. Val ,
lndigham was, by military command {
r, seized and tried ''for no other reason
han words addressed to a public meet {
ng, in criticism of the course of the adj
and in condemnation of the {
military orders of the general" Now, if ]
here be no mistake about this if this /
ssertion is the truth and the whole truth;
there was no other reason for the ar i
est, then [ concede that the arrest was
7rong. But the arrest, as | understand, !
vas made for a very different reason
lr Vallandigham avows his hostility to {
be war on the part of the Union and I
is arrest was made because he was labor {
lg, with some effect, to prevent the rails S
lg of troops to encourage desertions c
'om the army; and to leave the rebellion
-ithout an adequate military force to q
Ippress it. He was not arrested because {
e was damaging the political prospects t
the administration, but because he was ]
the army, upon the existence /
nd vigor of which the life of the nation r
epends. He was warning on the militia S
=, and this gave the military constitu- q
onal jurisdiction to lay hands on him. E
Mr.. Vallandigham was not damaging a
ne military power of the country, then l
is arrest was made on mistake of fact, S
hich would be glad to correct on rea- t
,nably satisfactory evidence. g
1 understand the meeting, whose reso- f
ltions l am considering, to be in favor C
suppressing the rebellion by military U
armies. Long experience has d
lown that armies cannot be maintained Fl
Mess desertion be punished by the Sc o
ere penalty of death. The case requires, t
nd the law and the constitution sane p
on, this punishment. c
Must l shoot simple minded soldier boy q
no deserts, while l must not touch u
air of the willy agitator who induces him t
} desert? This is none the less injurious
7 getting father, or brother, or friend,
to public meeting, and there working
pom his feelings until he is persuaded to
rite the soldier boy that he is fighting C
n had caIlSe for a wiclCed administra- | e