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

easily understood than in cases of ordinary
crime. The man W ho stands by and says
nothing when theperii of his government
Is dis : net be misunderstood. If
not hiudeled, he i sure to help the enemy
much more, ii hetalks annbigno saly--talks q
for his country With chute and "ilS'' AM
Is ands." OF how lutte value the eonsti
tutional provisions / have quoted viii be
rendered, if arrests shall never be- made
until defined crimes shall have bees com
mitted, may be illustrated by a few nots.
BILE examples. General John @. Breckin-
ridge, General Robert z. Lee, General
Joseph Il. Johnstop, General john b. Ma
gruder, General William B. Preston, Gen
eral Simon b Buekuer, and Commodore
Franklin Buchanan, low occupying the
very highest places in the rebel war SER
vice, were all within the power of the
government since the rebellion began, and
were nearly as well known TO be traitors
then as How. PROFESSIONALLY if we had
seized and held them, the insurgent cause
would be much weaker. But no one of
them had then committed any crime de-.
fined in the law. Euery one of Ae,,:,
arrested, could hare been discharged on
hdbeas corpus aeere the scrit dllotced to op-
crate In view OF these and similar cases,
think the time not unlikets; to come phen
I shall be blamed for hocing made too Ieao
arrests rather than too many.
By the third resolution the meeting in
dictate their opinion that military arrests
| may be constitutional in localities where
rebellion actually exists, but that such ar
rests are unconstitutional in localities
where rebellion or insurrection does not
actually exist. They insist that such ar
rests shall not be made "outside of the
lines of necessary military occupation,
and the scenes of insurrection." Inas-
| much, however, as the Constitution itself
makes no such distinction, | am unable to
| believe that there is any such CONSTRUCTION
| al distinction. | concede that the class of
arrests complained of can be constitutional
/ only when, In cases OF rebellion or inva-
sion, the public safety may require them !;
| and insist that in such cases they are
constitutional ehereUer the public safety
| does require them; as will in places to
which they may prevent the rebellion ex
! tending as in those where it may be al
ready prevailing; as well where they may
restrain mischievous interference with
the raising and supplying of armies to
suppress the rebellion, as where the rebel
liom may actually be, as well where they
may restrain the enticing men out of the
army, as where they would prevent nu-
tiny IN the army; equally constitutional
at all places where they will condnce to
| the public safety, as against the dangers of
rebellion or invasion. Take the particular
case mentioned by the meeting. 1t is as
serted, in substance, that MI. Vallandigham
was, by military commander, seized and
tried :" Tor no other reason than words
addressed TO public meeting in criti-
cism OF the course OF the administration,
and in condemnation of the military
orders of the general" Now, if there
be no mistake about this; il this as
sertion is the truth and the whole truth
if there was ne other reason for the ar
rest, then | copcede that the arrest was
wrong. But the arrest, as | under.
stand, was made for a very different rea-
son. Mr.. Vallandighsm avows his hos
tility to the war Oh the part of the Union
and his arrest was made because he aod,
{0borsng, aolth some effect, to preUent tn
raising Of troops to encourage desertion
from the army and to leaUe the rebellion
a0ithOut an adequate military force to sap
press 1T. He was not arrested because h,
was damaging the political prospects o
the administration, or the personal inter
ests OF the commanding general, bat be
cause he was damaging the army, upoI
the existence and vigor of which the lift
s of the nation depends. He was warning
upon the military, and this gave the mill
taiy constitutional jurisdiction to lay hand,
upon him. 1t Mr.. Vallandigham was not
damaging the military power of the coun
try, then his arrest was made on mistake
OF fact, W hich | would be glad to correct
on reasonably satisfactory evidence.
| understand the meeting, whose reso
lutiOns | am considering, to be In favor oil
surprising the rebellion by military force
by armies. Long experience has shown
that armies cannot be maintained unless
assertions shall be punished by the severe
penalty of death. Tie case requires, end
the law and the constitution sanction, this
punishment. Must | shoot simple. mind.
ed soldier boy who deserts, while | must
not touch hair of willy agitator who
induces him to desert? This is none the
less injurious when effected by getting q
father, or brother, or friend, into public
meeting, and there working upon his feel.
ings till he is persuaded to write the sol.
der boy that he is fighting in bad cause,
for a wicked administration OF a con-
temptible government, too weak to arrest
and punish him if he shall desert. |
think that III such case, to silence the
agitator and save the boy is not only con.
stitutioDal, but withal a great mercy.
Ii L be wrong on this question of con-
stitntional power, my error lies in behev
ing that certain proceedings are constitu-
tional when. in cases OF rebellion or
invasion, the public safety requires them,
which would not be constitutional when,
in absence of rebellion or invasion, the
public safety does not require them: in
other words, that the constitution is not,
in its application, in all respects the same,
in cases OF rebellion or invasion involving
the public safety, as it Is in times of pro-
found peace and public security. The
constitution itself makes the distinction ;
and can DO more be persuaded that the
government can constItutlouaiiy take no
| ST. Ong measures In time o' rebellion, be
CT use it can be shown that the same could
act be lawfully taken In time of peace,
than | can be persuaded that particular
drug is not good medicine for sick man,
| because it can be shown to not be good
food tor we'll one. Nor am | able to ap-
preciate the danger unprecedented by the
meeting that the American people will, by
| means of military arrests during the re-