The Lancaster gazette. [volume] (Lancaster, Ohio) 1863-1886, 1863-07-02

als, almost a fewindividnals acting in
concert; and this in quiettimes, and OH
charges oferimes 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, rhave such
bands eyer borne to the iusurgent sym
pathizers eyeP ,ip many of the loyal
States? Again q jury too frequently
has at least one member more. ready to
hang the panel than hang the traitor.
And yet, again he who dissuades one
man from volunteering, or. induces one
so?dier TO desert, weakens the Union
cansc as much as,he who kills Union
so!dierin battle Yet this discussion,
or induceinent may be so conducted as to
be no defined crime Of which any civil
court would take cognizance. 90
ll Ours is q case of .rebellion--so called
by the resolutions before me--in fact,
a clear, fagrant,l and gigantic case Of
rebellion; and the provision of the
Constitution that " the privilege of the
writ Of habeaS corpus shalfnot be sus-
pended. unless when, in cases of rebel
lion or inYasipn, the public safety may
requircit, is the provision which spc-
ci9lly applies to our present case
This provision plainly attests the pn-
derstapding Of those who made the
ConstitutioN, that ordinary, courts Of
justice are inadequate to "cascs of re-
bellion" attest Their purpose that, in
such cases, men may be held in lcusto-
dy whom the courts, acting on ordina.
ry rules, would discharge. Habeas
corpus does not discharge meH who
arc proved to be guilty of defined crime,
and its suspension is, allowed by the
Constitution on purpose that men may
be arrested and held who cannot be
proved to be guilty of defined crime,
i'm cases of rebellion or inva-
sion, the public safety may require it,
This is precisely our present casa
case of rebellion, wherein the public
safety does require the suspension. -
Indeed, arrests by process Of courts,
and arrests in cases 0f rebellion, do not
proceed altogether upon the same basis,
The former n, directed at the small
percentage ordinary and continuous
perpetration Of. crime, while the latter
is directed ut sudden and extensive up
risings against the Government, which,
at most, will succeed or fhil at no great
length of time. In the latter case, mr.
rests are made, not SO much for what
has been done, as for what probably
would be done. The latter is more for
the preventive and less for the vindic4
tive than the former. Inisuch cases
tho purposes of men are much more
easily understood than in cases of or
binary crime The man who stands by
and says nothing when the peril OF
his Government is discussed, cannot be
misunderstood. If not hindcrSd, he is
sure to help the enemy; much more. if
he talks ambigouslv-talks for his
country with butts . and cts and
:" ands.' or how little value the con.
'stitutional provisions ! have quoted will
he rendered, if arrests shall never be
made until defined crimes shall have
been committed, may, be illustrated by
a few notable examples. Gen'l John
&C. Breckinridge, Gent Robert Z. Ice
.Geh1 Joseph H. Johnston, Gen'l John
b. Magrudcr,H HGen'l William B. Pres
tom Gen Simon b. Bucllner, and Com
modorc Franklin Buchanan, now occu-
pying the very highest war service
were all within the power Of the Gov
crnment since the rebellion began, and
were nearly as wollknown to the trai-
tors then as now. Unquestionably il
we had seized and held them, the in
surgent cause would be much weaker
But no one ofthcm had then committed
any crime defined in the law Every
one Of them, if arrested, would have
been discharged on hGJedS c0fpuS were
the writ allowed to operate, In view
ofthese, and similar cases, / think the
time not unlikely to come when | shall
be blamed for having made toofew ar
rests rather than to many ...
Blythe third resolution the meeting
indicate their opinion that military ar
rests may be constitutional in localities
where rebellion actually exist, but that
such arrests are unconstitutional in To-
calities where rebellion or insurrectiOn
does not actually exists. They insist
that such arrests shall not be made
" outside of the lines of necessary mill
tary occupation, and the scene Of insur-
rection.n u Inasmuch, however, as the
constitution itselfmakes no such distinc-
ton. j am unable to believe that there
is any such constitutional distinction
| concede that the class Of arrests COM
planned of can be constitutional only
when, In cases of rebellion or invasion,
the public safety may require them !;
aud | insist that in such cases they arc
constitutional ,chererer the public safe
ty does require them as well in places
to which they may prevent the rebel
lion extending as in those where it may
be already prevailing ;;eas well where
they may restrain mischievous inter-
ference with the raising and supplying
of armies to suppress the rebellion, as
where the rebellion may actually be !;
as well where they may restrain the
enticing of men out Of the army; as
where they would prevent mutiny in
thearmy; equally constitutional at all
places where they will conduce to the
nnhlic safety rs arainst the danmers of