Delaware State journal and statesman., 1863-06-19

rympathlzers even in many of the loyal States
! Again jury too frequently has at least one mem.
Der more ready to hang the panel than to hang
the traitor. And yet, again, he who dissuades
one nun from volunteering. or induces one sol
der TO desert woakens the Union cause as much
as Ire who kills Union soldier in battle. Yet
this discussion or iuducement may be so con.
Quoted as TO be no defined crime Of which auy
civil court would take r,cognizance.
Ours is onse OF rebelnOn-su called by the
resolutions before me-in TACT, a clear, fragrant,
aud gigantic rebellion mud the provision of the
Constitution TINT "the privilege of the writ Of
haheas corpus shall tot be suspended, unless
when, In cases of rebellion or invasion, the pub
lie safety may require il" is The provision which
specially nppiies to our present case. This pro-
vision plainly Atheists the understanding Of those
who made the Constitution, that ordinary courts
OF justice are inadequate TO "casea of rebellion,
-attests their purpose that, in such cases, men
may be held in custody wA0m the courts, acting
on ordinary Jules would discharge. laheus
corpus does not discharge men who are proved
guilty Of defined crime and its suspension il
allowed by the Constitution on purpose TINT men
may be arrested and held who cannot he proved
to be guilty of defined crime, "when, in easel Of
rebellion or invasion, the public safety may re-
quire it. This is precisely our present case IA
case Of rebellion, wherein the public safety does
ieVulre inc hutpchsluns siuueeuj hIlesis Wy pro-
cess Of courts, and arrests in cases Of rebellion,
do not proceed altogether upon the same basis.
The former IL directed Mt tue auiall percentage
of ordinary and continuous Preparation of crime,
while the latter Is directed at Sudden and exlen-
sve uprising against the government, which, nj
most, will succeed or fail IN 10 great length Of
time. In the latter case, arrests are made not
20 much for what has betn done, ms Tor what
| probably would be done. The latter Is more Tor
the preventive and luss for the vndietve than
the former In such cases the purposes Of men
are much more easily Understood that III cases
Of ordinary crime. The man who stands by and
says nothing when the peril of his government IL
discussed, cannot he misunderstood. II not
hindered, lac is sure To help the enemy much
more, II he talks n1nbiguously-lalks Tor ms
couutey with "buts" aud Ifs" mud sands" OF
how little value tlir constitutional provision
have quoted will he rel dered, II arrests sinll
never he made until defined crimes shall have
been committed, mny be illustrated by o few
notable examples. General John C.Aireekln-
ridge, Genernl Robert Il. Lee, GeLerar Joseph
T. johnson, General John Is. Mugruder, General
W. II. Preston, General Simon Il Bnckner, and
Commodore franklin buchanan, now occupying
tue very highest places in the rebel war service,
were all within the power of the government since
the rebellion began, and were nearly as well
known to be traitors then us now. unqurAtiOn
ably ii we had seized ami held them, the insul-
seant cause would be much weaker. But no
one OF them had then committed any crime de-
fined iu the law, Every one Ut them, If arrest
ed, would hive been discharged on haJeds corpus
were the writ allowed TO operate. In view Of
these aud similar casts l think the time not I'M
likely to come when shall be blamed for having
made too few arrests rather than too many.
BY the third resolution the meeting indicate
their opinion that military arrests may bU cOu-
stituional in localities where rebellion actually
exists, but that such arrests are unconstilu-
tonal in localities where rebellion or iusur-
rection does not actually exist. They insist
that such arrests shall not he made 'outside Of
the lines OF necessary military occupation, and
the scenes of insurrectiun" lnusmuGh, how
ever, rs the Constitution itself makes no such
distinctions, am unable to believe that there Is
my such constitutional distinction | cOnctde
that the class OF arrests complained Of eau be
constitutional only when, in cases Of rebellion VI
invasion, the public safety may require them
and insist that in such cases they arc consttu-
ti0nal rhtTtptr the public safely does require
them; as well in places To which they
inny prevent the rebellion extending as in those
where il may bu alTUndy prevailing AS well
where they may restrain mischievUus inlercr
cuee with the raising aud supplying OF Armies 10
suppress the rebellion, us where the rebellion
may actually be as well where they may re-
strain the eihiciug men out of the arny as where
they would preyuui mulny in the army equal
ly constitutional ut all places where they will
conduce to the public safety, as against the
dangers Of rebellion or invasion Take the
particular case mentioned by tile meeting Its
asserted, in substance that Mr.. Nalandighnm
was, by military commander, seized and tried
"for no other reason than words addressed to IL
public meeting, in criticism OF the course Of the
administration, and in condemnation OF the
military orders Of the general Now, if there
be no mistake about this if this assertion IL
the truth aud the whole truth il there was no
other reason Tor the arrest, then | coneede that
the arrest was wrong. But the arrest, az |
understand, WAS made Tor very different reason.
MIR Yallandigham avows his hostility to the war
on the part OF the Union and his arrest was
made because he was laborick, with some effect,
to prevent the raising of troops TO encourage
desertous frlm the arm and to leave the re-
beun without an adequate military force TO
suppress H. lie was not arrested because he
was damaging the political prospects, of the ad
minisiralion, or the Personal interests Of the
commanding general, but because he was lamag
ing the army, upon the existence and yigor OF
which the lie Of the nation depends lie was
warning upon the military, and this gave the
military constitutional Jurisdiction to lay hands
upon him. II MIR. Vallundigham was not damag-
ing the military power Of the country, then his
arrest was made no mistake Of fact, which would
be glad To correct Oh reasonably satisfactory evil
dence.
understand the meeting, whose resolutions
am considering, to be in favor of expressing the
rebellion by military force-by armies Long
experieuce has shown that armies cannot be
maintained unless deserlion shall he punished
BY the severe penalty of death. The case re-
ouires. and The law and the constitution sane
ton, this punishment. Must shoot IL simple