The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1863-07-02

foiioWlng, IN any constitutional or legal
sense, "criminal prosecutions" The
arrests were made on totally different
grounds, and the proceedings following
accorded with the grounds of the arrest.
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.
Prior to my installation here it had been
inculcated that any State had lawful
right 10 seeede from the national Union,
and that it would be expedlent to exercise
the right whenever the deyotees of the
doctrine should fail to elect president to
their own liking. was elected contrary
to their liking, and accordingly, so lar as
it was legally possible, they had 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 ;naugurated and Of course before l
had done any official act whatever. The
rebellion thus begun soon ran into the
present civil war; and in certain respects
it began on very unequal terms between
the parties The insurgents had been
preparing for it for more than thirty years,
while the government had taken no steps
to resist them. The former had carefully
considered all the means which could be
turned to their account. 1t undoubtedly
was a well pondered reliance with them
that in their own unrestricted efforts TO
destroy Union, Constitution, and law, all
together, the Government would in great
degree be restrained by the same Constitu-
ton and law, from arresting their prog
Il Cd oil
departments of the Government, and near
ly all communities of the people. From
material under cover of '1iberty of speech, y
'sliberty of the press" and "habeas cor
pus," they hoped to keep on foot amongst
US most efficient corps of spies, inform
ers, suppliers, and aiders, and abettors of
their cause in thousand different ways
They knew that in times such as they
were inaugurating, by the Constitution
itself. the habeas corpus might be sls.
pended but they also knew they had
friends who would make question as to
who was to suspend it; meanwhile their
spies and others might remain at large to
help on their cause. Or if, as has hap
pened, the Executive should suspend the
writ, without ruinous waste Of time
instances Of arresting 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, ef some service to the insur-
gent cause. L needed no very keen per-
ception to discover this part OF the enemy's
programme, SO soon as by open hostilities
their machinery was fairly put in motion.
Yet, thoroughly imbued with reverence
for the guaranteed rights of individuals,
I was slow TO adopt the strong measures
which by degrees I have been forced to
regard as being within the exceptions of
the Constitution and as Indispensable to
the public safety. Nothing IS bette
known to history than that courts of
justice are utterly incompetent to such
eases Civil courts are organized chiefly
for trials of individuals, CT at most, a few
acting in concert, and this in
quiet times, and on charges of crimes
well defined in the law Even in times
of peace bands of horse thieves and rob
bers frequently grow too numerous ard
powerful forthe ordinary courts of justice.
But what comparison in numbers have
such bands ever borne to tho insurgent
sympathizers, even in many Of the loyal
Statas Again, jury too frequently
has at least one member more ready to
hang the panel than to hang the traitor
And yet, again, he who dissuades one
man from volunteering, or induces one
soldier to desert, weakens the Union
cause as much as he who kills Union
soldier in battle Yet this dissuasion or
may be so conducted as to be
no defined crime Of which any civil court
would take cognizance.
Ours is case of rebellion-so called |
by the resolutions before me-in fact, a
clear, fragrant, and gigantic case of
and the provision of the Con-
stitution that "the privilege Of the writ
of habeas corpus shall not be suspended,
unless when, in case Of rebellion or
invasion, the public safety may require
it" is the provision which specially ap-
plies to our present case. This provision
plainly attests the understanding, of those
who made the Constitution, that ordinary
courts of justice are inadequate to "cascs
of rebellion :" attests their purpose that,
In such cases men may be held in custody
whom the courts, acting on ordinary rules, i
would discharge. Habeas corpus does
not discharge men who are proved to be
guilty of defining crime, "when in cases
of rebellion or invasion, the public safety
may require it, This is precisely our
present case, case Of rebellion, wherein