The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1863-06-24

sion that more injurious consequences than
any merely personal to myself might follow
the censures systematically cast upon Inc
for doing what, i'll my view of duty, could
not forbear. The resolutions promise to
| support me in every constitutional and law
full measure to suppress the rebellion; and
thave not knowingly employed, nor shall
| knowingly employ, any other But the
meeting, by their resolutions, assert and
argue that certain military arrests, and
proceedings following them, for which
am ultimately responsible, are unconstitu.
tional. | think they are not. The resolu-
tions quote from the Constitution tho detin-
ition of treason, and also the limiting safe.
guards and guarantees therein provided
for the citizen on trials fer treason. and on
his being held to answer for capital or other
wise infamous crimes, and, in criminal
prosecutions. his right to u speedy and pub
lie trial Ivy an impartial jury. They proceed
to resolve that these safeguards of the
right of the citizen against the pretcusions
of arbitrary power were intended more eS-
peci,tlig for his protection in times of civil
commotion." But, apparently to demon
strato the proposition, the resolutions pro-
coed "They were secured substantially to
the English people after years of protracted
civil war, aud were adopted into our Con
stitution at the close of the Revolution.
Would not the demonstration have been
better, ifit could have been adapted and ap-
piled during the civil wars and during our
Revolution, instead of after the one aud at
the close of the other? too, am devotedly
for them after civil war, and at all times,
Except when, in cases of rebellion or in-
vasion the public safety may require" their
suspension. The resolutions proceed to
tell lis that those safeguards have stood
the test of seventy-siX years OF trial, under
our republican system, under circumstan-
ces 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 denies that they
have stood the test up to the beginning of
the present rebellion, if we eXcepta certain
occurrence at New Orleans; nor does any
one question that they will stand the test
mnch longer after the rebellion closes. But
these provisions of the Constitution have
no application to the case we have in hand
because the arrests complained OF were not
made for treason-that is, not for the trea-
son defined in the Constitution, and upon
the conviction of which the punishment is
death--nor yet were they made to hold
persons to answer for any capital or other
.
ceedings following, in any constitutional or
legal sense, criminal prosecutions" The ar
rests were made on totally different grounds,
and the proceedings following accorded
with the grounds of the arrests. Let lis
consider the real case with which we are
dealing, and apply to 1t the parts OF the Con-
sttution plainly made for such cases.
Prior to my installation here, it had been
inculcated that any State had lawful
right to secede from the national Union, and
that it would be eXpedient to exercise the
| right whenever the devotees of the doc
trine should fail to elect President to their
| own liking. | was elected contrary to
their liking and accordingly, SO far as it
was legally possible, they had taken seven
| States out of the Union. seized many of the
| United States forts, and had fired upon the
United States flag, all before | was inaugu-
rated. and, of course before | had done any
! official act whatever. The rebellion thus
| began, 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 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 ac-
| II.
reliance with them that in their own unre-
stricted efforts to destroy Union, Constitu-
ton and law, all together. the Government
would. in great degree, be restrained by
the same Constitution and law from arrest
ing their progress. Their sympathizers
pervaded all departments of the Govern
memt and nearly all the communities of the
people. From this material, under cover of
" liberty of speech, ~" liberty Of the press,
and "hdJedS cOlpUS," they hoped to keep
on foot amongst us most efficient corps of
spies, informers, supplerS, and aiders and
abettors of their cause i'll II thousand ways.
! They knew that in times such as they We're
| iuaugurating, by the Constitution itself, the
hdbe0S cOrpuS," might be suspended bur
they also knew they had friends who would
make a question as to who was to suspend
it meanwhile their spies and others might
remain at large to help OH their cause. Or
! it, as has happened, the Executive should
suspend the writ without ruinous waste of
time, instances ofarresting innocent persons
might occur, as are always likely to occur
| in such cases and then Il clamor could be
raised in regard to this, which might be,
at least, of some service to the insurgept
cause. 1t needed no very keen perception
to discover this part of the enemy's pro-
gramme so soon as 10y open hostilities their
machinery was fairly put in motion. Yet
thorougly imbued with reverence for the
guaranteed rights of individuals, | was
slow to adopt the strong measures which
! by degrees have been forced to regard as
being within the exceptions of the Consti-
tuition, and as indispensable to the public
safety. Nothing is better known to his
tory than that courts of justice are utterly
| incompetent to such cases. Civil courts are
organized chiefly Tor trials of individuals
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 robbers frequently grow
| too numerous and powerful for the ordinary
courts Of Justice. But what comparison in
numbers have such bands ever borne to
the insurgent sympathizcrs even in many of
the loyal States? Again, a jury too fire.
quenty has at least one member more
ready 10 hang the panel than TO hang the
traitor. And yet, again, he who dissuados
one man from volunteering, or induces one
soldier to desert, weakens the Union cause
as much as he who kills a Union soldier in
battle. Yet this dissuasion or mducement
may be SO conducted rs TO be no defined
crime of which any civil court would take
cogniZance.
Ours is a case of rebellon--so called by
the resolutions before me--in fact, n clear
fragrant and gigantic case Of rebellion and
| the provision of the Constitution that the
privilege of the writ of habeas corpus shall
not be suspended unless when, in cases
of rebellion or invasion, the public
| safntv NAV rn,rira - - is tho nro,.iS;o ~,