The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1863-06-24

"0~"'Co SUBSTANTIALLY ~ tue GU0ilHH jCOln'
after years of protracted civil war, and wer,
adopted into our Constitution at the close o
the Revolution" Would not the demonstra
1 ton have been better if it could have beer
truly said that these safeguards had beer
adopted and applied during the civil wars anc
during our Revolution, instead of after The
one and ut the close of the other? !, too, an
devotedly for them after civil war, and 6efor,
civil war, and at all times, " except when, il
cases of rebellion or invasion, the public safety
may require ;" their suspension. The resolu.
| tions proleed to tell us that these safeguards
g have stood the test of seventy-six years Of
trial, under our republican system, under cir
cumstances which show that while they con.
stitute the foundation of all free government
| they aAe the elements of the eenduring stabili-
ty of the Republic" ~ No, one denies that
they have so stood the test up to the begin
ming of the present Rebellion, if 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 Coristi-
tuition have 10 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 conviction of which the punishment is
| death-nor yet were they made to hold per-
sons to answer for any capital or otherwise
Infamous crimes nor were the proceedings
following, in any constitutional or legal sense,
terminal prosecutions" The arrests were
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 are'dealing, and apply
to it the parts of the Constitution plainly
made for such cases. 40 "' a"
Prior to my installation here, it had been
incuIeated that any State had lawful right
to seeede from the national Union, ana that
it would be expedient to exercise the right
whenever the devotees Of the doctrine should
fail to elect President to their own liking.
Twas elected contrary to their liking and,
accordingly, so far as it was legally possible,
they had taken seven Sfates out of the I'm
ion, had seized many of the United States
forts, and had fired upon the United States
flag, all before | waa inaugurated and of
course, before had done any official act what
ever. The Rebellion thus began soon ran in
to the present Civil War; and, III certain re-
spects, it began on very ur.equal terms he
tween the parties. The insurgents had been
preparing for it more 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 to their
account 1t undoubtedly was a well ponder
ed reliance with them that, in their own un-
restricted efforts to destroy Union. Constitu-
ton, and law, all together, the Government
would, in great degree, be restrained by the
same Constitution and law from arrestlng
their progress. Their sympathizers pervaded
all departments of the Government and near
ly all communities of the people From this
material, under cover of g liberty of speech )"
liberty of the press,'' and "habeas corpusn
they hoped to keep on foot among US most
efficient corps of spies, informers, supplies
and aiders and abettors of their cause in a
thousand ways. They -.new that in times
such as they were inaugurathg, the Constitu-
ton itself, the =" habeas corpus might be
suspended. But they also knew they had
friends who would make a question as te svJ,o
was TO suspendit; meanwhile, their spies and
others might remain at large to helpson their
cause. Or, if, as has happened, the Executive
should suspend the writ, without ruinous
waste of time, instances of arresting innocent
persons might occur as are always likely to
occur in such cases; and then a clamor could
be raised in regard to this, which might be,
at least, Of some service to the insurgent
cause. 1t needed no very keen perception to
discover this part of heenemy's program me,
SO soon as, by open hostilities, their machine
ry was fairly put in motion. Yet, thorough
ly imbued with reverence for the guaranteed
rights of individuals, was slow to adopt the
strong measures which by degrees I have
been forced to regard as being within the ex-
ceptions of the Constitution, aud as indispens-
able to the public safety. Nothing is better
known to history than that courts of Justice
are utterly inoompeteit to such cases. Civil
courts are organized chiefly for trials of indi-
viduals, or, at most few individuals acting
in concert; and this in quiet times, and on
charges of crimes 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 JUS
tice. But what comparison, innumbers, have
such bands ever born to the insurgent sym
pathisers even in many of the loyal States?
Again: a jury too frequently has at least one
member more ready to hang the panel than
to hang the traitor. And yet, again, he who
dissuades one man from volunteering, or in
duces one soldier to desert, weakens the Un-
ion cause as much as he who kills Union |
soldier in battle. Yet this discussion or in
ducement may be so conducted as to be no
defined crime of which any civil court would |
take cognizance. t.-l
Ours is a case of robellion-so called bv /
the resolutions before me--in fact, clear,
fragrant and gigantic case of rebellion and |
the provision of the Constitution that 'Ethe |
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 specially
applies to our present case. This provision /
plainly attests tie understanding of those
who made the Constitution, that ordinary
courts of justice are inadequate to ceases of
rebellion " = attests their purpose that, in