The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1863-06-16

We are uesHnSi anu Apply 10 IL tue pafss OF lne
Constitution plainly made for such csees.
Prior to my lns aIl,tion here il had been incpl.
Gated that any State had lawful right to seceoe
from the National Union, and that it would be ex,
psdent to exercise the right whenever the devolees
OF the doctrine should tail TO elect President to
their own liking. l was elected contrary to their
liking end, according y, 50 far as 1t was legally
possible, they had taken States out of the Union,
had seized many of the United States forts, and
had fired upon the United States flag, all before
was inaugurated, and, OF course, before had done
any official act whatever. The rebellion thus be-
gun soon run into The present civil war; and, in
certain respects II began on very unequal terms
between the parties. The insurgents hau been pre-
pairing for it more than thirty years, while the
Government had taken no steps to resist them.
The former had carefully conslde cred all the means
, which could be turned TO their account. 1t I'M
doubtedly was well-pondered reliance with them
that 10 their own unrestricted efforts to destroy
Union, Constitution and law all together, the
Government would, IN great degree, be restrained
by the same constitution and law from arrestiug
their progress. their sympathizers pervaded 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 "ha6eas corpus" they hoped to
keep on foot among US most efficient corps of
spies nformers SupplierS, and alders and abettors
OF their cause in a thousand ways. They knew
that in times such as they were inaugurarlng, by
the Constitution ITSELF the "habeas corpus might
be suspended buG they also knew they had
friends who would make question as to tOho 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 rulnous waste of time, instances
OF arreStlng 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 insur-
gent cause 1t needed no very keen perception
to discover tnls part OF the enemy's programme,
so soon as by open hostlities their machinery was
fairly put in motion. Yet, thoroughly lmbued
with reverence tor the guaranteed rig Is Of in
dlSldualS, was slow to adopt the strong meas
u'es which by degrees have been forced to re-
gard as beng within the exceptions OF the Con-
sututlon, and as Indispensable to the public safety
Nothing Is better nown in history than that courts
OF justice are utterly incompetent TO such cases
Civil courts are organized chiefly for trials of in
dvlduals, or at most few individuals acting in
concert, and this IN quiet times, and on charges
Of crimes well defued 10 the law. Even in times
of peace bands OF horse-thieves and robbers, ire
quenty grow too numerous and powerful for tn.
ordinary courts OF justice. But what compa son
in numbers, have such bands ever borne to the
nSurgent sympathizers even in many OF the loya
States ? Again, a jury too frequently has al
least one member more ready to hang the pane
than to hang the traitor. And yet, again, he
who dlsSuades one from volunteering, or induces
one soldier to desert, weakens the Union cause as
much as he who kills Union soldier in battle
Yet this dissuaslCn or inducement may be so con
Quoted as to be no defined crime of which an,
civil court would take cognizance.
(To coNrINUxD)