Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1863-07-02

puotic tiat " ou IMPARTIAL Jury. lney
proceed to resolve "that these safeguards
Of the rights Of the citizen against the pre-.
tensions of arbitrary power were intended
more sspsciaHy for bis protection in times
of civil commotion." And, apparently to
demonstrate the proposition, the resolu.
tions proceeds: 'sfhey were secured sub.
stantislIy TO the English people after years
of protracted- civil war, aud were adoptel
into our Constitution at the close of the
revolution" Would not the demonstra.
tion have been better. ii it could have been
truly said that these safeguards had been
adopted and applied during the civil wars
and during our revolution. instead of afte,
the one and at the close Of the other? /.
too. am devotedly for them after civil war,
and before civil war. and at all times, ..er.
ceps arhen. ia cases Of rebellion or inrasion,
the pulls safety may require" their suspen
sien. The resolutions proceed to tell us
that these safeguards shave stood the test
of seventy-six years Of trial, under our re-
publican SYSTEM, under circumstances
which show that while they constitute the
foundation Of all free government, they are
the elements Of the enduring stability of
the republic" No one dcnies that they
have SO stood the test up to tho beginning
Of the present rebellion, il we except Ger
tain occurrence at New Orleans; nor does
any one question that they will stand the
same test much longer after the rebellion
closes. But these provisions of the Con.
stitution have 40 application to the case
We have in hand, because the arrests com
planned OF were not made for treason-that
is. not for the treason defined in the Con-
stitution, and upon the conviction OF
which the punishment is deeth--nor vet
were they made to hold persons to answer
for any capital or otherwise infamous
crimes; nor were the procee iipgs follow
ing. in any constitutional or lega,
sense, criminal prosecutions" The ar
rests were made on totally different
grounds, and the proceedings following
ing accorded with the grounds of the ar
rest. Let Us consider the real case with
which we are dealing. and apply to it the
parts of the Constitution plainly made for
such cases. .fe@umr
Prior to my installation here, it had
been inculcatei that any State had law
iul right to secede from the national Uni
on, and that it would be expedient to
to exercise the right whenever the de.
voices Of the doctrine should fail to elect
q President to their own liking. l was
elected contrary to their liking; and, ae-
cordingly. SO far as it was legally possible,
they had taken seven States ont of the Uni.
on. had sslzed many Ct ftha United States
forts. and had fred upon the United States
nag. all before WAS inauguratcd. and, oil
course, before | had done any official act
whatever The rebellion thus began soon
ran into the present civil war; and, in cer-
tain respects. it began on very unequal
terms between the parties. The insur-
gents had been preparing for it more than
thirty years. while the Government had
taken no steps to resist them The former
had calefully considered all the means
which could be turned to their account
1t undoubtedly was well pondered reli-
ance with them that in thoir own unres-
tricted efforts to destroy the Union, Con.
stitution, and law, all together, the Gov
ernment would. in great degree, be restain.
GU W tuo e"ine SohstitutiOn anu law from
arressing their progress. Their sympa.
thies pervadsd all departments Of .hs gov
ernnent and nearly all communities of the
people. From this material, under cover
Of ..liberty of Speech, Liberty of the
press" and "ha6eas eorpus." they hoped
to keep on foot amongst us q most effici-
ent corps OF spies. informers. suppliers.
and aiders and abettors of their cause in q
thousand ways. They knew that in times
such as they were inaugnrating, 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. Orif as
has happened, the Executive should sus-
pend the wilt, without iuinous waste oI
time, instances Of arresting innocent per-
sons might occur, as are always likely to
occur in such cases; and then clamor
could be raised in regard to this, which
might be, at least, of some service O the
insurgent cause. 1t needed no very keen
perception to discover this part of the en-
emy's programme, 80 soon as by open
hostilities their machinery was, fairly put
in motion. Yet. thoroughly imbued with
o reverence for the guaranteed right of in
dividuals, was slow to adopt the strong
measures which, by degrees / have been
forced to regard as being within the excep-
tions OF the Consultation, and as indispen-
sable to the public safety. Nothing is bet
ter known to history than that courts Of
Justice are utterly incompetent to- such ca
ses. Civil courts are organized chiefly for
trials Of indivi lnals. or. at m ost, few in :
dividuals acting in concert; and. this in
quiet times. and on charges we'll defined in
the law. ~Even in times Of peace, bands of
horse thieves aud robbers freq uently grow
too numerous and powerful for the ordina-
ry courts Of Justice But what compare
son. in numbers. have such, banda ever
borne to the ipsurgent sympathizsrs even
in many of the loyal 6tates? Again. .
jury tosafreqnently has at least, one mem
ber more ready to hang the pannsl than to
hang the traitor AndIyet.i again he who
dissuades one nan from volubssering, or is-
daees one soldier To desert, Veaksns the
Union cause as maeA as he scho kills Uni
on soldier IN bqtils. : Yet thisu dissuasiop o
or inducementr may bo.so iconducted as to
he no defined crime e which any civil
court would take cognizance. eat "a .-o
eoOurs IL = casa Of reke1lion --to eallad