Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1863-08-01

TepuDllC. NO OIo Uenl0S tnaC tney nave SO
stood the test up to the beginning Of the pres
ent rebellion, if we except a certain occurrence
at New Orleans; nor does any one question
that they will stand the same test much long.
er after the rebellion closes. But these pro-
visions of the Constitution have no applica.
ton to the case We have in hand, because the
arrests complained of were not made for trea-
son-that is, not for the treason 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 capi-
tai or otherwise infamous crimes; nor were
the proceedings following, in any constitu-
tional or legal sense, "criminal prosecutions" !"
The arrests were made on totally different
grounds, and the proceeding following ac-
corded with the grounds of the arrests. Let
us consider the real case with which we are
dealing, and apply to it the parts of the Con.
stitution plainly made for such cases.
Prior to my installation here it had been in
culcated that any State had lawful right to
seccde from the national Union, and that it
would be expedient to exercise the right when-
ever the devoters of the doctrine should fail
to elect a President to their own liking I
was elected contrary to their liking; aud, &C.
cordngly, so far as it was legally possible, they
had taken Seven States out Of the Union, had
seized many of the United States forts, and
had fired upon the United States flag, all be-
fore was inaugurated, and, of course, before
I 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 tho means which
edly was well -pondered reliance with them
that in their own unrestricted efforts to de-
stroy Union, Constitution and law, all togeth-
er, the Government would, in great degree, be-
restrained by the same Constitution and
law from arresiing their progress. Their
sympathizrrs pcrvaded all the departments of
the Government and nearly all communities
of the people. From this material, under COW
er of "liberty of speech" liberty of the
press" and 'haJeas corpus," they hoped to
keep on foot amongst us most efficient
corps of SPIES informers. suppliers. and aiders
and abettors of their cause in thousand ways.
They knew that in times such as they were
inaugnra.ing. by the Constitution itself. the
"habeas corpus" might be suspended but
they also knew they had friends who would
make question as to acho was to suspend it /;
meanwhile their spies and others might re-
main at large to help on their cause. Or if,
as has happened, tho Executive should sus-
pend the writ, without ruinous waste Of time,
instances Of arresting innocent persons might
~, ;I..Js 70 s,,c In,
cases; and then clamor could be raised in re-
gard to this. which might be, at least, of some
service to the insurgent cause. 1t needed no
very keen perception to discover this part OF
the cnemys programme, as soon as by open
hostilities their machinery was put in motion.
Yet, thoroughly 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 Constitution, and
as indispensable to the public safety. Moth
ing is better known to history than that courts
of justice are utterly incompetent to such
cases. Civil courts are organized chiefly for
trials ofindividuals, or, at most, few indidu.
ais acting in concert, and this in quiet times,
and on charges of crimes well defined in law.
Even in times of peace bands of horse-thevcs
and robbers frequently grow too numerous
and powerful for the ordinary courts of jus.
tice. But what comparison, in numbers. have
such bands ever borne to the insurgent sym.
pathizers even in many of the loyal States !?
Again. jury too frequently has at least one
member more ready to hang the panel than to
hang tho traitor And yet, again, he who dis
suades 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 discussion or inducement
may be 80 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. clear, fla.
grant, and gigantic case of rebellion and the
provision of the Constitution that "the priv
ilege of tho writ Of habeas corpus shall not be
suspended, unless when. in cases of rebellion
or invasion, the public safety may require it,"
is the provision which specially applies to our
present case. This provision plainly attests
the understanding Of those who made the Con-
stitution. that ordinary courts of justice are in.
adequate to cases of rebellion, '-attests their
purpose that, in such cases. men may be held
in custody whom the courts, acting on ordina-
ry rules. would discharge. Ha6eas corpus
does not discharge men who are proved to be
guilty of defined crime and its suspension is
allowed by tho Constitution on purpose that
men may be arrested and held who cannot be
proved to be guilty of defined crime. "when.
in cases of rebellion or invasion, the public
safety may require it," This is precisely our
present Casa case of rebellion, wherein the
public safety does require the suspension. In
deed, arrests by process Of courts. and arrests
in cases Of rebellion, do not proceed altogether
upon the same basis. The former ia directed