Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1863-06-27

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 part of the Constition plainly
made for such cases.
Prior to my installation here it had been
inculcatcd that any State had n lawful right
to sccede from the national 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
| was elected contrary to their liking and,
accordingly, so far as it was legally possible
they had taken seven States out of the Union
had seized many of the United States forts,
and had fred upon the United States flag
all before | was inauguratcd, and, of course
before | had done any official act whatever
The rebellion thus began soon ran into the
present civil war and, in certain respects
it began on very unequal terms between the
parties. The insurgents had Incorporating
for it more than thirty years, while the gov
ernment had taken no steps to resist them.
The former had carefully considered all the
means which could be turned to their nc
count. 1t undoubtedly was well ponder
cd reliance with them, that in their own
unrestricted efforts to destroy Union Const-
tuition and law, altogether, the Government
would, in great degree. be restrained by the
same Constitution and law from arrestng
their progress. Their sympathzers pervadcd
all departments of the Government, and
nearly all communities of the people. From
this material, under cover of 'liberty of
speech" 'liberty of the press" and 'habeoS
c9rpVS," they hoped to keep on foot among
us Il most efficient corps of spies, informers,
supplicrs and aders and abettors of their
cause in thousand ways. They knew that
in times such as they were inaugurating, by
the Constitution itself, the "habeas corpus"
might be suspended, but they also knew
they had friends who would make ques-
tion as to who was to suspend it; mean
while 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, in
stances of arrcsting 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
tins part OF the cncmy's programme, so soon
as by open hostilities their machinery was
fairly put in motion. Yet thoroughly i'm
bucd with reverence for the guarantees of
individuals, was slow to adopt the strong
measures which by degrees have been for
ced to as being within the exceptions of the
/ Constitution, and as indispensable to the
| public safety. Nothing is better known to
| history than that courts of justice are incom-
| pctcnt to such cases Civil courts are or
ganizcd chiefly for trials of individuals or.
at most a few individuals acting in concert ;
and this in quiet times, and on charges of
crimes well defined in the law. Even in
/ a., g
robbers frequently grow too numerous and
powerful for the ordinary courts of justice.
/ But what comparison, in numbers. have such
| bands ever borne to the insurgrnt sympathi-
GERS even in many of the loyal States Again
jury too frequently has TT least one mem
her more ready to hang the panel than to
| hang the traitor. And yet, again, he who
dissuades one man from volunteering or
induces Cnp sCldicf to desert, weakcns the
| Union cause as much as he who kills Union
soldier in battle. Yet this discussion or
inducement may be so conducted as to be
no defined crime of which any civil court
would take cognizance.
Ours is case of rebelion--so called by
the resolutions before me-in fact, clear,
fragrant, gigantic case of rebellion and the
provision of the Constitution that "thc
privilege of the writ of habeas corpus shall
not he suspended, unless when, in cases of
rebellion or INVASION the public safety may
require it," is tie provision which specially
applies to our present case. This provision
plainly attests the understanding of those
who made the Constitution, that ordinary
courts of justice are inadequate to eases
of rcbcllion"-attcsts their purpose that,
in such cases, msn may De held in custody
whom the courts acting ON ordinary rules,
would discharge. IIabeas corpus does not
discharge men who are 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 he proved to be guilty of defined
crime, "when in cases of rebellion or inva-
sion, the public safety may require it." This
is precisely our present Casa case of re-
belliOn, wherein the public safety does re-
quire the suspension, Indeed, arrests by
process of courts and arrests i'll cases OF
rebellion, do not proceed altogether upon
the same basis. The former is directed 1T
the small percentage Of ordinary and con
tinuous preparation of crime, while the
latter is directed at sudden and extensive
uprisings against the government, which
at most, will succeed or fail in no great
length of time In the latter case, arrests
are made, not so much for what has beer
done. The latter is more for the preventive
and less for the yindictiyc than the former
In such cases the purposes OF men are much
more easily understood than in cases OF
ordinary crime The man who stands by
and says nothing when the peril OF hi
Government is discussed cannot pe mis-
understood. lfnot hindered lac is sure "a
help the enemy; much more, if he talk
ambiguously-t for his country Will
butts" and ''iis" and "ands." OF how litll'
yaluc e the constitutional provisions ! hay'
quoted will be rendered IL arrests shal
never he made until defined crimes shal
/ have been committed, may be ILLUSTRATED
by a few notable examples General John [
Iireckinrdge, General Robert l.. Lee, Genera
+ Joseph h. Johnston, general John Is. Ma
/ grudcr, General William Is. Preston, Genera
! Simon B Buckner aud Commodore Frank
: lin buchanan, pow occupying the yer.
! highest place. in the rebel War service, wer
. all within the power of the Gpyernmen
e1 since the rebellion begaa, and were nearl
{ as rell known To be traiiogg lhen rs now
9 unquesiionably, II we had seized and bel,
6 them, the insurgent cause would be niue
, weaker. Iiul NO one oflhem had cominliie'
Z any crime defined IN the law, Every on
4 of them II arrested would have been Dis
| A h. 49,