Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-06-24

and also the limiting safeguards and guars
antees therein provided for the.ctizs "a ~
trials Tor treason, and on his being held 81
answer fof capitaIF or otkerwisc iutanno us
crimes, and, in criminal prosecntionv, HE
right to aepeedy and gpubhc trial bs "a
impartial jury. TheyS proceed to resol ve
6 that theae safeguard Got he rights Of the
citizen against tie prstenslons ofsafbitn-
ry power were Intended more especial ~
for his protection in times OF civil cornmo-
tion." And apparently to demonstrate
the propositions, the resolutions proceed
They were secured substantially to the
English people after Years of protracted
civil war, and Were adopted into cur Con.
situation at the close OF the revolution
Would not the demonstration have been
better, if it could have been truly said
that these safeguards had been adopted
and applied during the civil wars I'd du-
ring our revolution, instead of after the
one and at the close of the other? |, too.
am devo.edly for them after civil war
and 6Jore civil war, and at ali tunes
except when, in cases OF rebellion or
invasion, the public safety may require y
their suspension. The resolutions pro-
coed 10 tell as that these safeguard DIS $ have
stood ia .est of seventy six years OF trial.
under our republican system, under cir
cumstances which show that while they
constitute the foundation of all trse gov
erDment, they are the elements of the en-
during stability of the republic" No
enc denies that they have so stood the
| test up TO the beginning of the present re,
beliion, II We except a certain occurrence
| at New Orleans; nor does any one ques-
ton that they will stand the same test
much longer after the rebellion closes.
But these provisions OF the Constitution
have no application to the case we have
in hand, because the arrests complained OF
We're not made tor treason-that is not
Tor the treason defined in the Constitution,
and upon the conviction OF which the
punishment is death-nor yet were they
made TO hold persons to answer for any
capital or otherwise infamous crimes nor
were the proceedings following, in any
constitutions or legal sense, criminal
| prosecutions" The arrests were made on
totally different grounds, and the proceed
| iDgs following accorded with the grounds
OF the arrest. Let Us consider the real
cause with which We are dealing. and ap-
| ply to 1t the parts of the Constitution
| plainly made for such cases.
Prior to my installation here it had been
inculcated that any State had lawful
right TO secede from the matte nal Union,
and that it would be expedient to exercise
| the right whenever the devotees of the
doctrine should fail to elect President to
their own liking I was elected contrary
to their liking; and, accordingly so far
as 1T was legally possible, they had taken
| seven States out of the Union, had seized
many of the United States forts, and had
fired upon the United States flag, all be-
tore | was inaugurated, and, of course, be
fore had done any official act whatever
| The rebellion thus begun soon ran into the
present civil war and, in certain respects
1t began on very unequal terms between
the parties. The insurgents had been pre-
| pairing for 1t more than thirty wears,
| while the government had taken no steps
to resist them. The former had carefully
considered all the meaDs which could be
turned to their account. 1t undoubtedly
was well-pondered reliance with them
that in their own unrestricted efforts t.
destroy Union, Constitution, and law
all together, the government would, il
great degree, be restrained by the same
Constitution and law from arrestng their
progress. Their sympathizers pervaded all
departments of the government and near
ly all communities of the people. From
speech elderly OF the press" and aha
beas corPus," they hoped to keep on
foot amongst Us a most efficient corps OF
spies, intormers, suppliers, aud aiders
and abettors OF their cause in thousand
ways. They knew that In times such
as they were inGugurating, by the Con
stitutlon itself, the 'habeas corpus y
might be suspended but they also knew
| they had friends who would make a
question as 10 Wh0 was To suspend it
meanwhile their spies and Others might
remain at large TO help on their cause Or
If, As has happened, the Executive should
| suspend the writ, without ruinous waste
OF time, Instances OF arrestiDg innocent
persons might occur, as are always likely
| to occur in such cases and then Il 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 the
enemy's programme, so soon as by open
hostihties their machinery was fairly put
IN motion. ct, thoroughly imbued with
q reverence for the guaranteed rights OF
individuals, | was slow to adopt the strong
measures which By degrees | have been
forced to regard as being within the ex-
| ceptions OF the Constitution, and as indis-
! pSuedU lS 10 the puDlC SAFETY. NOIn1Hg Is
better known to history than that courts
OF justice are utterly incompetent to such
cases. Civil courts are organized chiefly
tor trials Of individuals, or, at most, few
individuals acting in concert; snd 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 power
tul tor the ordinary courts of justice. But
| what comparison, In numbers, have such
| bands ever borne to the Insurgent sympa-
thlzers even in many OF the loyal States
Again jury too frequently has at least
one member more ready to harg the panel
than to hang the traitor. And yet, again,
he aoho dissuGdes one man from uOIunteer-
| ing, or induces one soldier to desert, aoedk
ems the Union cause as much as he aoho
| Kills q Union soldier an battle. Yet this
| discussion or inducement may be SO con
| ducted as to be no defined crime of which
any civil court would take cognzance.
Ours is case of rebellion-so called by
| the resolutions before me-in fact, a clear,
| fragrant, and gigantic case of rebellion :;
and the provision of the Constitution that
g the privilege OF the writ of habeas cor
pus shall not be suspended, unless when,
| in eeses of r-hellipn ar ipvasiop tho puh