The Jeffersonian Democrat. [volume] (Chardon, Ohio) 1854-1865, 1863-06-26

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ornmout aud nearly all communities Of the |
people. From this material, uDdor cover
Of liberty Of speech" "liberty Of tho
press" and "hdteos corpus" they hoped to
keep on foot amongst US a most efficient
corps of spies, informors, suppliers and aid.
ors and abcttors of their cause 10 thousand !
ways. They knew that in times such as
they were inaugurSting, by tho Constitution
Itself, tho "habeas corpus" might be sus.
pended but they also knew thoy had friends
who would mako question as to ieho was
to suspend It; meanwhio thoir spies and
others might remain at largo to help on
thoir cause. Or II. as has happened the
Executive should suspend tho writ without
ruinous waste Of time, instances of arresting
innocent persons might occur, as are always
likely to occur in such cases and then a
clamor should be raised in regard to this,
which might be, at least, of some service to
the iusurgeut cause. II needed 10 very
keen perception to discover this part Of the
enemy's programme so soon as by opon
hosIilities their machinery was fairly put in
motion. Yet, thoroughly imbued with
reverence for tho guaranteed rights of in
dividuas, | was slow to adopt the strong
measures which by degrees / have been
forced to regard as being within the oxcep-
tions Of the Constitution, and as indsponsa.
bic to the public safety. Nothing is better
known to history than that courts of justice
are utterly incompetent to such cases. Civ
il courts are organized chiefly for trials Of
individuals, or, at most, few individuals
acting in concert and this in QUOT times,
and on charges of crimes we'll defined in the
law. Even in times Of peace bands of horse
thieves and robbers frequently grow too nu.
merous and powerful Tor tho ordinary courts
Of justice. But what comparison, in num-
bors. have such bands ever borne to the in-
surgent sympathzors even in many of the
loyal States Again, a jury too frequently
has at least one mombor more ready to hang
the panel than to hang the traitor. And
yet, again, he who dissundos one man from
volunteering or induces one soldier to de.
sort, weakens the Uuion cause as much as
he who kills Union soldier in battle. Yet
| this discussion or inducemont may be 30
conducted as to be no defined crime Of
which any civil court would take cognizauco
| Ours is case OF rebe!lon--so called
by the resolutions before me--in fact, a
clear, aagrant, and gigantic case of rebel
| n ipip f.fl ha utit mt tAr
that "the privilege'cl the writ of habeas
corpus shall not be suspended, unles:
when, in cases of rebellion or invsation
the public safety may require it," is Mt
provision which specially applies to our
present case. This provision plainly at
tests the understanding OF those who made
the Constitution, that ordinary courts Of
justice are inadequate to "cases of rebel
lion, ,"-attests their purpose that, in such
cases, men may be held in custody whom
the courts, acting on ordinary rules, would
discharge. Habeas corpus does not dis
charge men who are proved TO be guilty
of defined crime and its suspension is al
lowed by the 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 in
vasion, the public safety may require it. -"
This is precisely our present case--a ease
of rebellion, wherein the public safety does
require the suspension. Indeed, arrests
by process of courts, and arrests in cases
OF rebellion, do not proceed altogether up.
on the same basis. The former is direct
ed at no small percentage OF orduary and
: continuous preparation Of crime, while
the lattor is directed at sudden and extern
svo upriSings against the government, which,
at most, will succeed or fail in no great
length of time In the latter case, arrests
are made, not so much for what has been
, done, as for what probably would be done
The latter is more for tho preventive and
less for the vindctive than the former. In
such cases the purposes of mon are much
more easily understood than in cases of or
dinary crime. He who stands by and says
nothing when the peril of bis government
is discussed, cannot be misunderstood il
not hindered, he is sure to help tho enemy
much more, ii he talks ambiguously-talkt
for his country with "buts" and ''its" and
: sands" OF how little value the constitu
tiona provisions have quoted will be rem
y dered if arrests shall never be made unit
defined crimes shall have been committed
may be illustrated by few notable exam
ples General John G. Breckenridge, Gen
eral Robert L. Lee, General Joseph e
Johnston, General John D, Magruder, Gen
eral William B. Preston, General Simon B
:, Buckner, and Commodore Franklin Buchan
i, an, now occupying the very highest place
=, in the rebel war service, we're all within th'
a power of tho government since tho rebellion
began, and we're nearly as woll known to b'
traitors then as now. Unquostionably If w
: had seized and held them, the insurgenu
cause would be much weaker. But no on'
;. of them had then committed any crime de
= fined in the law. Every ono of them, if nr
g rested, would have been discharged on hG
;, beas corpus we're the writ allowed to operate
+. In view Of these and similar cases, thinl
the time not unlikely to come whom shal