Ellsworth American., 1863-06-26

dissuadcs one man from volunteering, or
induces one soldier TO desert, weakcns the
Union cause as much as he who kills n
Union soldier in battle. Yet this dis.
suasion or inducement may be so conduct
ed as to be no defined crime of which any
civil court would take cognzance.
Ours is case of rcbellion-so called
by the resolutions before me-in fact,
clear. fragrant, gigantic case of rebellion;
and the provisions 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 pub
lie safety may require it, is the provis-
ion which specially applies to our present
case. This provision plainly attests the
understanding Of those who made the
Constitution, that ordinary courts of JUS
ticc are inadequate to leases of re1ellion,"
-attes's their purpose that, in such cases.
men may be held in custody whom the
courts, acting on ordinary rules, would
discharge, lIabeas corpus does not dis
charge men who are proved to be guilty
OF defined crime; and its suspension is
allowed 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 CT rebellion or in
yason, the DSblic SAFETY may require it"
This is precisely our present caso-a case
Of rebellion, wherein the public safety
does require the suspension. Indce1, ar
rests by process Of courts, anl arrests in
cases OF rebellion, do not proceed alto.
gtther upon the same basis. The former
Is directed as the small percentage OF or
d5Hary and continuous preparation Of
crime, whiie the latter is directed at sud.
den and extensive uprisings against the
government, which, at most, will succeed
or fail in no great length of time. La the
latter case, arrests are made, not so mach
for what has been done, as for what proba-
bly, would be done. The latter is more
for the preventative and less for the vim
djetiyc than the former. In such cases
the purpose Of men are much more easily
understood than in cases OF ordinary
crime. TIE mln who stands BY and says
nothing when the peril of his government
is discussed, cannot be misunlcrstooi.-
Ii not hinlered, he is sure to help the
enemy much more if he talks ambgu-
ousl ly-ta.ks for his country with "5u,s'
aud ifs and "anls." Of how little
value the constitutional provisions / have
quoted will be replcre1, if arrests shall
never be made until defined crimes shall
have been committed, may be illustrated
by ttw notable examples. Gen. john
e. BreckiErilee, Gen. Robert f. Lee,
G zen. Joseph L. Johnston, Gen. John b.
Ma3ruler, Gen. YIN. b. Preston, Gen.
Simeon B. BaeAner, and Commodore
Franklin Buchanan, now occupying the
very highest place in the re5el WIZ SER
yiea, were all within the power Of the
government since the rebellion began, AMI
we're nearly as we'll known to be traitors
then as now. unquestionably if We had
seizel aui held them, the insaFgent cause
would be mu:h weaker. Bat 10 one Of
them had then committed any crime de-
fined in the law. Every one Of them, if
arrested, would have b9en discharged on
habcas corpus were the writ allowed to
operate. In view OF these aaI similar
cases. taihN tae Time not uhtlNety u
come When | sAaIl DC blamed ior having
naae too lew arrests taah too many
By the third resolution the meeting in
dteate 'Aelr OPINION taat military arrests
may be constitutional III localities "hero
re?e'!'on or insuffect'oh uoes ho' actually
exist. lhey INSIST that sCca arrests snail
not be made 'oatside oil the lines oil nee
essary military occupatlon' ana the scenes
et iaSarreetion' lnasmueh' however as
the Constitution itSelt makes no distinct
ion' | am una5.e to believe that there i,
any such constitutional distinction. J
eoeeeqe that the class OF arrests com
planned OF can be constitutional only
when, IA eases OF rebellion or INVASION,
the pubic safety may require them /; ana
| INSIST that IN such cases they are con-
st'tatIopal wherever the pubic safety re-
qalre them; as well III places 10 "Eich
/ they may prevent the lebeiAon extending
as N those where 1t may be already pre-
yaIIlng as well as where they may re-
strain mlschlevous interference with the
"4lsing and supplying OF armies to sup
press the rebellion, as where the rebellion
my actually be; as well where they may
restrain the enticing men out OF the army
as where they would prevent mutiny III
/ /. h. ~ oil