The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1863-06-25

ordinary crime. 1le man WIN stduos
by and saws nothing when the peril Of
bis Government is discussed, cannot bt
misunderstood. If not findered, he }:
sure to help the enemy; much more, i
be talks ambisuously-talks fo' hi:
country with "buts' and off" ant
lands" OF Low little value ',ne consti
tutional provisions l have 0r.oted will be
rendered, if arrests shall lever be made
until defined crimes shsil have been com
mitted, may Be ILLUSTRATED by few nota
bic examples. Gen. John c. Brecfin-
ridge, Gen. Robert f. Lee, Gen Joseph
F. Johnston, Gen. John B. Magruder
Gen William b Preston, Gen. Simon
B Buckner, and Commodore Franklin
Buchanan, now occupying the very
highest places in the Rebel war service,
yere all within the power Of the Govern
ment since the Rebellion began, and
we're nearly as well knowa to be traitors
then as now. PROFESSIONALLY if We had
seized and held them, the insurgent
cause woull be much weaker But no
one Of them had then comE tilted any
crime defined in the law. Every one of
them, if arrested. would have been dis
charged on hojeos co,pus were the writ
allowed to operate. In view of these
and similar cases, think the time not
unlikely to come when shah be blamed
for having made too few arrests rather
than too many.
BY the third resolution, the meeting
indicate their opinion that military ar.
rests may be constitutional in localities
where rebellion actually exists, but that
such arrests are unconstitutional 10 To-
cal,es where rebellion or instruction
does not actually exist. They insist that
such arrests shall not be made "outside
of the lines Of necessary military occupa.
ton, and the sctLos Of insurrection."
lnasmucb, however, as the Constitution
itself makes no such distinction, | am
unable to believe that there is any such
constitutional distinction. | core, dc
that the class of arrests complained CT
can be constitutiona onl y when, in cases
of rebellion or invasion, the public safety
may require them and | insist that they
are constitutional whrercr the public
safety does require them as well in
places to which they may prevent the
Rebellion extending as in those where it
may be already prevailing; as well whore
they may restrain mischievous interfer-
cnce with the raising and supplying of
armies to suppress the Rebellion, as
where the Rebellion may actually be; as
well where they may restrain the cntic-
ing men out Of the army, as where they
would prevent mutiuy in the army;
equally constitutional at all places where
hey will conduce to the public safety, as
against the dangers Of rebellion or inva.
ion. Take the particular case mention,
d by the meeting. 1t is asserted, in
ubstaLce, that Mr.. Nallandigham was.
~ military commander, seized and .
ried ''tor no other reason than words !
addressed to public meeting, in crit
;ism OF the course or the Administration,
md in condemnation of the Military or.
!crs of the General" Now, if there lie
20 mistake about this if this assertion
is the truth and the whole truth if there
was no other reason for the arrest. then
coucrdc that the arrest was WRONG
But the arrest, as | understand. was
lnade for a very diff, rent reason. Mr..
Nal!andigham avows his hostility to the
War on the part Of the Union; aud his
arrest was made because he was laborinc.
with some effect, to prevent the rails ng
OF troops to encourage descrtons from
the army and to leave the Rebellion
without an adequate military force to
suppress it. He was not arrested because
he was damaging the political prospects
Of the Administration, or the personal
interests of the Commanding General,
but because he was damaging the Army.
upon the existence and vieor Of which
the life of the nation depends. lie was
warning npon the Military, and this gave
the Military constitutional jurisdiction
to lay hands upon him. Jf Mr.. Vallan.
d1gham was not damaging the military
power of the country, then his arrest
was made en- mistake of fact, which
would be glad to correct on reasonably
satisfactory evidence.
/ understand the meeting, whose res
olutions | am considering, to be in favor
Of suppressing the Rebellion by military
forcc-by armies. Long experience ha:
shown that armies cannot be maintained
unless descrtions shall be punished b,
the severe penalty of death The cas-,
requires. and the law and the Consti.u-
ton sanction, this punishment. Mus
shoot simple minded soldier boy VIII
deserts, while | must not touch a hai
of willy aCitator who induces him t
desert? This is none the less iniuriou
when effected by getting father, 0
brother, or friend, into public mectin Q
and there working upon his feelings ii
he is persuaded to write the soldier DO
that he is fighting in bad cause, for
wicked Administration Of contemptib!
Government, to weak to arrest and pun
lsh him if he shall desert. | think tina
in such case to silence the agitator an
save the boy is not only constitutional
but withal great mercy.
1t | be wrong on this question Of con
StlfutiOnai pow.r my nrror lins ., tol; = :,