The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-06-24

CCdiA HOaA1 t4Ac COSliL@uCc-
Ours Is case OF rebellion-so called bY the
resolutions before me-in fact . clear, Hagrant 4
and gigantic case Of rebellion; sad the prOvis-
ion Of the Constitution that the privilege OF
the writ OF habeas corpus shall rot be suspended 4
unless when, ia cases Of rebellion or invasion /
the public safety may require H. Is he prOvis- I
ion which specially applies 10 cur present case.
THIS provision plainly atIests Tue understanding
Of those who made the Constitution, that Ordin
AIRY courts OF justice are inadequate 70 " cases
Of rebellion, "-stLests :heir purposes that, 10
such cases, men may be held IN custody ~hom
The courts acting on Ordinary rules, would dis
charge. Habeas corpus does not discharge men
~ho are proved to be guilty Of defined crime
and It's suspension Is allowed by toe COusIil alton
on purpose that men nav be arrested aOd held
Who cannot be proved 10 be guilty OF defined
crime, when. 10 cases Of rebellion or invasion,
the public safety nav reqaire IT," This Is pre-
cisey oar present Casa case Of rebellion,
Eherein the public safety es require the srs-
pension. Indeed, arrests BY process Of courts,
and arrests in cases Of rebellion, do not proceed
altogether upon the same bass. The former l.
directed al the small percentage OF ordinary and
continuous preparation Of crime, while the lat
ter i directed at sudden and extensive uprisings
against the government which, at most, will sac
coed or fail in no great length Of tine. In the
latter case, arrests are made not so much tor
what has been done. a. for what probably would
be dOue The latter j. more for the preventive
and less for the vindictive than the former. In
such cases the purposes of men are much more
/ easily understood tnan 10 cases OF Ordinary
crime. The man who stands oy and says notn
ing when the peril Of his government Is discus =
ed, cannot be misunderstood II not hsdered,
be j. sure 70 help the enemy much more, II be
talks ambiguousy-ialks for his c0aatry with
-" butts" aud "iis" aud " ands" Of how lltils
value the constitutional provisions have quoted
will be rendered, If arrests shall never be made
until defined crimes shall shall have committed
mas be illustrated by a few notable examples
General John C.. Breckinrdege, General Robert
+ Lee, General Josesh T. Johnston, General
john b. Magruder, General William B Preston
Genera. Simon B. Buckner, and Commodore
franklin Buchanan, hos occupying the very
b CHEST places 10 the rebel war service, wers all
within the power of the government sisce the
rebellion began, and were nearly as well known
u be traitors then as now UuQ uestionabls, IL
We had seized and held them, the insurgent cause
would be much weaker Bot no Que Of them
bad then committed any crime defined 10 the
aw. Every one of them. II arrested, would
have been discharged on ha5eas corpus we're the
writ allowed 10 operate. In view OF these and
similar cases, think the time not unlikely 20
come when | shall be blamed for having made
90 few arrests rather than 700 many.
BY the third resolution the meeting indicate
/ their opinion that military arrests may be con
-titutional in localities where rebellion or in
surrrciion does not actually exist. They insist
that such erroote shoaid not he made e. ontsid.
OF the lines OF necessary military occupation,
aud the scenes Of Instruction" Inasmuch.
however. as the Constitution itself makes no
such distinction. am unable to believe that
there Is any such constitutional Distraction
| cOhcede that tue class of arrests complained
Of can be constitutional only when. in cases OF
rebellion or invasion the public safety may
require them; and | insist that in such cases
they are constitutional whenever the public safe
~ does require them as well in places to which
/ they may prevent the rebellion extending, as in
those where II may be already prevailing As
we'll where they may restrain mlschieviOus in
reference with the raising and supplying of ar
mics to suppress the rebellion. as where the
rebellion may actually be a. well where they
may restrain the enricing men out Of the army.
as where they would prevent mutiny in the
army; equally constitutional at all places
where they will cOHduce TO the public safety.
Is against the dangers of rebellion or invasion.
| Take the particular case mentioned by the
meeting. IL Is asserted. in substance, that Mr..
Nallandigham was. by military commander.
seized and tried for no Osher reason than
words addressed to public meeting, in crit
clsm Of the course vi the Administration, aud
in cOndemnat on of the military orders of the
general" Now. if there be no mistake about
this; if this assertion Is the truth and the whole
truth; if there was no other reason for the ar
rest, then | concede that the arrest was wrong.
But the arrest, as | understand. was made for q
very different reason. Mr.. c. L. Vallandi CHAM
ayows his hostility to the war on the part of the
Union and his arrest was made because be
was labOrng. with some effect, TO prevent the
raising OF troops; to encourage desertiOns from
the army and 10 leave the rebellion without
an adequate military force TO suppress 1t. he
was not arr sted because he was dam ging the
political prospects Of the Administration. or
the personal interests Of the commanding gen
eral, but because he was damaging the army,
upOa the existence aud vigOr of which the lie
OF the nation depends. He was warning upon
the military. and this gave the military consti-
tutional jurisdiction to lay hands upon him. Il
Mr.. VallandIgham was not damaging the mill
tary power of the country. then his arrest was
made on mistake of fact, which | would be glad
to correct on reasonable, satisfactory evidence.
! understand the meeting. whose resolutions
| am considering, TO be in favor of suppressing
the rebellion by military force-by armies
Long experience has shown that armies cannot
be maintained unless desertiOn shall be punish
ed by the severe penalty Of death. The case
requires. aud the law and Constitution sanction.
this punishment. Must | shoot a simple mind
I'd soldier boy who deserts, while | must not
touch a hair Of a willy agitator who induces
hin to desert. This Is none the less injurious
when effected by getting father, or brother or
friend, into a public meeting, and there work
upon his feelings till he is persuaded to write
the soldier boy that be is lighting in a bad
cause tor a wicked administration Of a con
temptible government, too weak to arrest and
punish him if he shall desert. | think that in
such case, TO silence the agitator and save the
boy IS not only constitutional, but withal a
great mercy.
If | be wrong on this question of constitu-
tional power. ny error lies in believing that
certain proceedings are constitutional when, in
cases of rebellion or invasion. the public safety
I aquires them, which would not be cOnstitu-
uOnI when. in absence Of rebellion or invasion
the public safety does not require them; in
other words that the Constitution is not in its
application, in all respects the same. in case OF
rebellion or invasion involving the public safe
ty, as it Is in times of profound peace and pub
lie security. The Con-titution itself makes the
distinction; and | can no more be persuaded
that the government can consututOnally take
no strong measures in time Of rebellion, because
it can be shown that the same could not be law
fully taken in time OF peace. than | can be per-
suaded that particular drug is not good med
icine for sick man, because II can be shown
A.