Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1863-07-02

| crimes, and, IN criminal prosecutions, hi
right TO a speedy and public trial by an i'm
partial jury. They proceed to resolve ''ths
these safeguards OF the rights Of the either
against the pretcnsions of arbitrary power
were intended more especially for his pro
lection in times Of civil commotion." And
apparently to demonstrate the proposition
the resolutions proceed: They were secur.
ed substantially to the English people atte,
years Of protracted civil war, and were. .adopt
ed in our Constitution at the close of the
revolution" Would not the demonstration
have been better, if it could have been tru
j.. said that these safeguards had been
adopted aud applied during the civil war:
and during our revolution, instead of ate,
the one and at the close of the other? [,
too, am devotedly for them after civil war,
and before civil war, and at all times, 'ex.
cept when, in case Of rebellion or invasion,
the public safety may require" their sus
pension. The resolutions proceed to tell
us that these safeguards ''have stood the
test OF seventy-six years Of trial, under our
republican system, under circumstances
which show that while they constitute the
foundation Of oil free government, they are
the elements of the enduring stability off the
republic" No one denies that they have
SO stood the test up to the beginning of the
present rebellion, if we except a certain oc
currence at New Orleans; nor does any one
question that they will stand the same test
much 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 treason
defined in the Constitution, aud upon the
conviction ofwhich the punishment is death
nor yet were they made to hold per-
sons to answer for any capital or other.
wise infamous crimes; nor were the proceed
ings 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 US consider
the real case with which we are dealing,
and apply to it the parts of the Constitu-
ton 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
1t would be expedient 10 exercise the right
whenever the devotees of the doctrine
should fail to elect President to their own
liking. was elected contrary to their IL
king; aud, accordingly. so far as it was le-
gally 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 before was inaugu,
rated. and, of course, before had done any
official act whatever. The rebellion thus
begun 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
count. 1t undoubtedly was well pondered
reliance with them that in their own unre
strlcted efforts to destroy Union, Constitu
tion, and law, all together, the government
would, in great degree, be restrained by the
same Constitution and law from arresting
their progress. Their sympathizers perva-
ded all departments OF the government and
nearly all communities of the people. From
this material, under cover Of liberty of
speech, " liberty Of the press, and cha.
beas corpus, they hoped to keep on foot
amongst us a 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 inau.
gurating, by the Constitution itself the
''habeas corpus" might be suspended; but
they also knew they had friends who would
make question as to ,sho was to suspend
it; meanwhile their spies and Others might
remain at large to help on their cause. Or
if, as has happened, the Executive should
suspend the writ, without ruinous waste of
time, instances of arresting innocent per-
sons might occur, as are always likely to oc- |
orr in eunh oo 600. nd than N o1an,ar on,IJ |
be raised in regard 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 enemy's pro-
gramme, so soon as by open hostiltics their |
machinery was fairly put in motion. Yet, |
thoroughly imbued with reverence for the |
guaranteed rights of individuals, | was slow |
to adopt the strong measures which by de- |
gress have been forced to regard as being
within :he exceptions of the Constitution,
and as Indispensable to the public safety
Nothing is better known to history than |
that courts of justice are utterly incompe
tent to such cases. Civil courts are organ
lied chiefly for trials of individuals, or, at
most, n few individuals 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
in numbers, have such bands
ever borne to the insurgent sympathizers
even in many of the loyal Statesl Again,
a 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 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 in
ducement may be so conducted as to be no
defined crime of which any civil court would
take cognizance.
Ours is a case of rebellion-so called by
the resolutions before me-in fact, q clear
Aagrant 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 eases 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 Constitution, that ordinary
courts of justice are inadequate to Ceases Of
--attests their purpose that, in
such cases, men may be held in custody
whom the courts, acting on ordinary rules, |
woWld discharge. Habeas corpus does not
discharge men who are proved to be guilty
Of defined crime; and its suspension IS al. |