The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1863-06-27

when the peril Of bis Government, is dis
cussed, cannot be misunderstood. If
not hindercd, he is sure to help the
enemy; much more, if he talks ambigu-
ousl y-talks for his country with "buts'
and ''ifs" and "ands." OF how little
value the consttu ional provisions
have quo cd 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. Breckinridge, Gen. Rob. :.
+. Lee, Gen. Joseph Z. Johnston, Gen.
John b. Magruder, Gen. William Is.
Preston, Gen. Simon b. BucEner, and
Commodore Franklin buchanan, now oc-
cupying the very highest places in the
Rebel war service, were all within the
power Of the Government since he Re-
bcllion began, aud were nearly as we'll
known to be trai ors then as now. I'm
questlonably if we had seized and held
them, The insurgcnt cause would be
much weaker. But no one of them bad
then committed any crime defined in the
law. Every one of them, if arrested,
would have been discharged on habeaS
corpus were the writ allowed to operate
In view of these aud similar cases,
think the time no. unlikely 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 ar
. al -,
where the rebellion actually exists, but
that suck arrests are unconstitu ;ional in
localities where rebellion or instruction
does not actually exist. They insist
that such arrests shall not be made "out-
side of the lines Of the necessary mill
tary occupation, and the scenes of insur-
rection." Inasmuch, however, as the
Constitution self makes no such dis
tnction, | am unable to believe that
there is any such cousti utional distiuc-
ton. | concede that the class of arrests
complained of can be cons itu ional only
when, in cases of rebellion or invasion,
the public safety may require them and
| iusls. that IN such cases they are con-
ltutional w4e"crer the public safety
does not require them as we'll in pla-
cos o which they may prevent the
Rebellion extending as in those where it
may be already prevailing: as we'll
where they may restrain mischievous
interference with the raising aud supply
ing If armies to suppress he Rebellion,
is where the Rebellion may actually be :
as we'll where they may restrain onticing
men out Of the army, as where they
would prevent mu,iny III the army :
equally constitutional At all places where
;hcy will conduco TO the public safety,
as against the dangers Of rebellion or
INVASION. 1t is as,er cd, in substance
that Mr.. FaIandighan was, by mill
tary commaufer, seized and tried L" for
no her reason han words addressed to
a public meeting, in criticism of the
course Of the administration, and in
condemnation Of the Military orders Of
the Gcncral.' Now, if there be no mis-
take about this : il this assertion is tie
tru h and tue whole truth II there was
no other reason for the arrest, then
conccdc tia the arrest was wrong
But he arrest, as | understand, was
made FOR very different reason. Mr.
Nailandigham avows his hostility to the
War On the part of the Union; and his
arrest was made because he was lab1ring,
with some ettec to prevent the raising
ct troops TO encourage assertions from
the army and to leave the rebellion
without an adequate military force to
.urrrcssi'. He was not arrcs ed because
he was damaging the political prospec 5
Of the administration, or the personal
interests Of the Commanding General,
but because he was damaging the Army
urom the existence and vigor of which
the life of the nation depends. lie was
warning upon the Military, and this gave
the Military constilu ional authority to
lay hands upon him. If Mr.. Vallandig-
ham was not damaging the military power
Of the coun ry, then his arrest was made
on mistake Of fact, which would be
glad to correct on reasonabl y satisfactory
evidence.
| understand the meeting, whose roso-
{ luilpIS dl1 CDilSlutlHp, 10 ne VII IdNOf
Of suppressing the Rebellion by military
by armies. Long experience has
shown tina, armies cannot be main AIMED
unless assertions shall be punished By
the severe penalty of dea h. The case
requires, and the law and the Consti,u-
ton sanction, his punishment. Must |
shoe, supplemented soldier boy who
deserts, while mus not touch hair of
willy agitator who induces hun to desert !
This is none the less injurious when
effected by getting father, or brother,
or friend, into a public meeting, and
there working upon his feelings till he is
persuaded to write the soldier boy that
he is fighting in bad cause, for wick
ed Administ ration of contemplate
Government, too weak to arrest and
punish him if he shall desert. | think
that in such a case to silence the agita-
ia or and save the boy is not only con-
sttutionaI, but vital a great mercy.
If | be wrong on this question of con-
SIT loual power, my error lies in believ-
ing that certain proceedings are cons l.
tutional when, in cases of rebellion or
invasion, the public safety requires them,
which would not be constitutional when,
in the absence of rebellion or invasion,
the public safety does not require them
in other words, tha the Constilu ion is