Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1863-07-17

had done any ofhcial act whatever. The
rebellion thus began soon ran into the
present cisil war aud. an certain respects
q began on very unequal terms between
the parties The insurgents had been
preparing for il for more that thirty YEAR.
While the government bad taken no step.
70 resist them. The former had carefully
considered all the means which could De
~ their Account. IL undoubtedly vas a
veil pondercd reliance With them that in
their own unrestricted efforts 10 destroy the
Union. Constitution and law all together
the government would, in a great degree.
be restrained BY The sane Constitution and
law from arresting their progress. The
synPathizcrs pervaded all the departments
Of the government and nearly all CON-
munities Of the people. From this ma
terial. under cover Of P" liberty Of speech
liberty of the press. and - Aai,os oorpu,.-
they hoped 70 keep on foot among Us a most
efficient corps Of spies. infornsrs. supplierS
and aiders and abettors Of their cause in a
thousand WAYS. They knew that IN times
such a. they were inAugurating. by the
Constitution itself the "habeas corpus
nigh; be suspended; bat they also knew
they had friends who would make a ques-
iioa a. 70 trso Was 20 suspend IL meanwhile
theIr spies and others might remain az
large 10 help on their cause. Or II. a. has
happened. the Executive should suspend
the Srit. without rainoas waste Of time.
Instances Of arresting Innocent persons
might occur "a are always likely TO occur
"a such cases. and then a clanor could De
raised IN rcGard 20 this. which M sht be. az
least. of some service % the insurgent
cause It needed not very keen P~rcept-
ioa 10 discover this part Of the enemv's
programme. 50 soon a. by open hostilities
their machinery vas put in motion Yet.
thoroughly imbged With a reverence for the
guaranteed rights Of indivd uals Was allow
q adopt the strong me asures which by de-
srces have been forced 70 regard a. be-
ing within the exceptions Of the Constitut-
ion. aad as indisPensable 10 the public
safety. Nothingis Is better known % his
tory thaa that courts Of justice. are utter
'
are orgAnized chiefly for trial. Of Individ-
uals. or. az mosi few individuals ac,inr
A eoacert and this i in quiet times. and
on charges % crimes well defined IN the
law Even in times Of peace bantNs Of
horsethieves and robbers frequently grow.
too numerous and poWcrfal for the ordinary
courts 81 justice. Bot VIA; coFaparison. in
numbers. have such bands ever borne 20
The Insurgcnt sympathizers even IN many Of
tbe loyal States Again jury too frequent
ly Las az least one member more ready q
hang thc panel than 50 hang tbe traitor.
And yct. again. D. Who dissuad-s one man
from volunteering. or induces one soldier
90 desert. wcakcns tie Union soldier in
battle. Yet tbs discussion or indacemcnf
may ~ 80 conducted a. % be no defined
crime Of which any civil court take coz
nikancc.
Ours D a case Of rsbellion-so called bv
;he resolutions before me-in fact. a clear.
aagrant. gigantic case Of rebellion. and
tie provisions Of the Consultation that ..thc
privilege of thc wit of Labeas coupus shall
not BE- suspended unless ~ben in cases of
rebellion or invasion. the public safety nav
require o.. j. the provision which specially
applies to our present case. Thi. provis-
ion which specially applies 70 our present
case. This provision plainly attests the un-
dcrstanding OF those Who made the Con
stitution. that ordinary courts Of iustice are
inadeguate 70 eases Of rebellion. --aitests
their purpose ihat. IN such cases. men may
hc held in custody whom the courts. acting
on ordinary rules. w0uh discha~,c. IA
isas corPus does not dis-har-. men Who are
proved % be guilty q defined crime and
its suspension b. allowed By tie Constita,-
ion on purpose that inen may be arrested
and hrld who cannot bc proved o. bc ga.itv
81 defined crime. "uhen. in cases of re.
hriiiou or invasion. abe public safety NAV
require it, This ispreciseiy our present
csse--a case ofrebeliion. wh, rein tLe pabIic
safety does require che suspension. Indeed.
arrests by process of courts. and arrests in
eases of rebellion. 90 noe proceed ALTO
sctber uTon tie same basis. The former
b. directed az che small pcrccnta-e of or
dinary and coltiuuols preparation ~ crime
vhi.c thc latter is directed 90 sldieu ana
extensive uPrislngs against the government.
uAich. 81 most. vin succeed or fail boz no
great ienth Of time. u she latter case.
arrests arc made. not so much ior vhat has
been done. a. Or ~hst probably uouiI he
donc. The latter is more for the pre-
fertlt.te and iess for the ,ind,ciive than
the former. ln slch cases the purpose OF