The Potter journal. [volume] (Coudersport, Pa.) 1857-1872, 1863-06-24

| nlZaDce.
Ours is a case of rebellion-so called
| by the resolutions before me-in fact, a
clear, fragrant, and gigantic case of rebel
lion and the provision of the ConStltu
tion that "the privilege of the writ of
habeas corpus shall not be suspended
unless when, in cases of rebellion or in
vasion, the public safety may require it"'
is the provision which especially 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 leases
of rebellion '-attests their purpose that,
in such cases men may be held in custody
whom the courts, acting on ordinary
rules, would discharge. Habeas corpus
does not discharge men who are proved TO
be guilty of defined crime and its sus-
pension is allowed by the Constitution on
purpose that men may be arrested and
held who cannot be proved to be guilty
of defined crime, "when, in cases of rebel
lion or invasion, the public safety may re-
quire it This is precisely our present
Casa case of rebellion, wherein the
public safety does require the suspension.
Indeed, arrests by process Of courts, and
arrests in cases of rebellion, do not pro-
ceed altogether upon the same basis The
former is directed at the small per cent
age of ordinary and continuous perpetra-
ton of crime while the latter is directed
at sudden and extensive uprislugs against
the Government, which at most, Rll. sue.
ceed or fail in 90 great length OF time.
so much for what has been done, as for
what probably would be done. The lat
ter is more for the preventive and less for
the vindictive than the former. Iu such
cases, the purposes of men are much more
easily understood than in cases of ordi-
nary crime The man who stands by and
says nothing when the peril of his Gov
ernment is discussed, cannct be misun
derstood If not hiudered, he is sure to
help the enemy much more, If he talks
ambiguously-talks for his country with
butts" and ''its" and lands" OF how
f little value the constitutional provisions
have quoted will be rendered, if arrests
shall never be made until defined crimes
shall have been committed, may be illus
trated by few notable examples Gen.
John G. Breckenridge, Gen. Robert Il.
Lee, Gen Joseph E. Johnston, Gen
John B Magruder, Gen Wllliau b.
Preston, Gen. Simon B Buckner, and
Commodore Franklin Buchanan, nuw oc
cupyIDg the very highest place, in the
Rebel war service, were all within the
power of the Government since the Re
known to be traitors then as bow. I'm
questioDably if we had seized aud held
them the insurgent cause would be much
weaker But 10 one of them had then
t committed any crime dehced in the law
Every one Of them, if arrested, would
have been discharged on haGe0S corpus
we've the writ allowed to operate. 10 view
OF these anG similar cases, | think the
time not unlikely to come when | shall
be blamed for having made too few arrests
rather than too many.
BY the third resolution, the meeting
indicates their opinion that military ar
rests may be constitutional in localities
where rebellion actually exists, but that
!, such arrests are unconstitutional in local.
ties where rebellion or insurection does
not actually exist They Insist that such
arrests shall not be made "outside of the
) lines of necessary military occupation,
and the scenes of insurrccti0n" Inas-
t much, however, as the Constitution itself
makes no such distinction, I am unable
to believe that there as any such consti-
tutional distinction. | concede that the
class of arrests complained of can be con-
stitutional only when in cases of rebellion
or invasion, the public safety may require
them and insist that in such cases they
are constitutional 7chercUer the public
safety does require them as well in
places to which they may prevent the Re
bellion extending as In those where it
may be already prevailing; as well where
they may restrain mischlevous interfer-
!. ence with the raising and supplying of
armies to suppress the Rebellion, as where
the Rebellion may actually be; as we'll
where they may restrain the enticing men
out of the army, as where they would pre-
vent mutiny in the army; eqally consti-
tutional at all places where they will con-
duce to the public safety, az against the
dangers of rebellion or invasion. Take
the particular case mentioned by the
meeting. 1t is asserted. in substance,
that Mr.. Vallandigmha was, by military
commander, seized and tried "for DO other
reason than words addressed to a public
meeting, in criticism of the course of the
Administration, and in condemnation of
; the Military orders of the General Now,