Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-06-23

! s1us might occur, as are always hheiy 70 peCut
in such casss; and thsa a clsm9r could DO
raissd ia regard TO thia, which Hight be, st
least, of SONS service 70 the insurgent esose.
Il needed no vary keen psrcep tion TO discover
bis pari of the euemy's proerAmus, 50 soon as
by cpa1 h3stilities their mechlnefy was larry
vnt ii motion Yet. thoroughly imbusd with q
reverence for the guaranteed rights OF indiTldu-
ais rss allow to adopt the strong measures
r7hich by degrees have been iOYesd to Te2Rrd
as being wi hin the exec eptons OF the Constitu-
ton. and ss indispensable to the public safety.
Nothing s better known 20 history thaa thai
tha courts Of justice are utterly Incompetent 70
such cssss. Civil courts are organized chiefly
tar irisls of individuals, OF az NEST, few iudi-
vf1uals actiuF in c7Desrti and this n quiet
firras and Ou charges well dsh0ed by isT
Even IN times of peace bands Of horse thieves
and robbers frequently grow 300 numerous and
e,weriul for ths ordinary courts Of lastce
But v-hst comparisop, in numbers, hsve such
bands ever b1rue ~ the iusurgent sYmpa' hissrs
even In many OF the loysl States Again p
iurv has Gt least one member mere reRGy 20
hang panel than 90 hang the traitor And yet,
aeaia. he wh1 dissuaies one meu from volan-
.esrnr. OF inGuess enc soldier to desert, wsaEeas
ths Uuiou cause 81 much as he who kills a
Unisn sellisr IN battle Yet this discussioE or
iu5uce enleut may ba so conducted as to be no
defined crime Of which auy civil court would
take csgnizance.
Ours is case Of roboEioO-so called by the
rssslntious before me--in fact, cleer, fsgTant,
and gigantic csss OF rabeilisU; and the provision
81 the Constitution that tthe privilege OF the
WI. Of hsbeas corpus shall not be suspsnd9d,
unless whsz, 10 cases Of rebellion OF inTes,on
the pablia safety may require t is the provision
rhics specially applies 70 present case. This
provision plainly attest5~tha understanding Of
.hass who made The Constitution, that ordinary
eoHfss Of iusEcs ere inadequate 70 cases Of re-
beIlior,-att1sts their purpose thst, in such
csscs. men may he held in custody whom the
courts actirz on ordinary rules, wouid Dis
chsr-a. Hsbsas corpus does not discharg9 Tssn
who arc proved 10 bs getty Of defined crlme;
aud its Suspension is allowed By he Consttu-
ton on purpose that men may bs arrested and
held who cannot be proved to bs guilty Of de-
6ns3 crime, when, ia cases Of rsbeliioR or in
vason ths prblic safety may require it." This
is precisely cur present Casa case Of rshoilisE,
wherein TIE public safety does rsquice shs sUs-
pangion. Indeed, arrests by process of courts,
ard arrests il cases OF rsbsilioR, do nos prOcaed
altogether Epon the szme bsss. The former is
directed at tas snsll percentages Of ordinary and
c0uiiaUsus preparation Of crime, whils the lat
tsr is directed a. suddeD and extensive uprisings
Eainst the Government which, at most, will
suscasJ CT fail in no great le2gth of time. Il
for what has been done, as fer what probably
would be done TIC latter Is more fsr the proven
tive snd less for the vindictiYe bsa tse former Ia
such cases the purposes sf men are nuch mere
s.sly understood than in ordinary czsss Of
c-ins. Tire man wis stands by and fays meth
rg when the psril of bic Government ia dis
eussed, cannot be misusderst5od If net hin
3sred, be IS surs 70 help the enemy; much more,
f hs talks ambigu0uziy- for his country
with 'bB;s" and ifs" and "sDdS." OF how
little value the constitutional provisions have
duo-ed wiz be rendered, if arrests shall never
be made tn defined crinss shall have beaR ssna-
r1itsa5, NAV be illustrated BY few notable *
am7les General John G. Brsekinri5To, Gsnsrsl
Robert + Lao. General joseph Johnston,
G7as-sl Joha 3. MsgrudAC General William c..
Preston Gla,ral Simon Z BuekG.r, and Com
U03arc Fanklia Bachqusn, nov oseHpyiae the
" ~ biggest places IN tho rebel ssrvita, were sll
oitti1 the power of tie Government since the
rebellion began, ard were nearly Is well knewD
81 Be traitors lhsn az now. UsqHssti1uably if
ws Ha3 seized ans held thsn, Tbs insgresnt
cause Wsui3 DO 1aueh weaker. Bat no oas Of
t-ca had tion c0m7litssi any crime defined in
tho lsw Every o6c OF them, il sTTestsdi W0sld
have bees DISCHARGED On habsss corpus were
the wis allowed 70 nperssa. In TieW Of thsse
and similar casss. I tb'sk tas time nat unlikely
20 corug when ] shall be bared for having mEda
tsstsF sTresis rather than 100 many.
Bv he tbir5 r-7llchaB tho messing islicstss
has military arrests msy bs constitutional in
localities where E6balijcn actually exists but
that such arrests are une0nstt tisnal in locali-
ties where rebellion OF i1suTpctios does zot
setually erist They insist thst such arTssts
shall not BE- made "oUtsids of the lines Of uecss-
ssry military occupation, and the scenes Of in
surrccticn" Inasmush. hoTavsT, as the Goa
stisuu0u itself makes no such distinction, / an
unable 80 belsva that theEe is airy such eoussi-
tuhonsl distinction conclude shat the class
of arrests concia ned of csa be constitutional
only when, In esse5 Of re5eiliOu or invasion the
public sefstv may require them snd,I insist
ikst in sBca eases they are consituien1l
loterc0eT tha plbio ss5sty dees require them
Hs vel i'm places 10 which they may prevent be
rebellion extending IS in those where Il May b.
sires]Y prevailing; as well where they may
restrain miscaiev0us interference with the rsie-
iBg snd Supplying Of armies to suppress the
be; as wol where they nay restrain the eneeiov
msn oat Of The srmy as wbers they woHd prss
vent m1tiRy in the army squEly constitutional
At 1l places where they viii csndUcs to the pBb-
JIG safety, az against the dangers Of rebeiiion
or invasion Take the particular cass men
toned by the meeting. it ia asserted, in
substance, that Air Talspiighzm was
by a military c0nma1dsr, seBsd snd tried "f3F
no OTTER reason than words addressed to = pub,
lie meeting, in criticism 0s the course sf the A3-
moistrati1n, ard Ia condensation eff e military
order of general Now, If there be 10 mis-
taks about this, this assertion Is the trath AID
he waa.e truth, If there was no other Tezson fox
tbs arrest, then / csnceds that ths arrest
Ess wrosg. But the arrest, IS I understand,
wns made for a vary different reason. Bfr.
PsisndiEhsm avows big hostility to tbs war on
ths part OF the Union, snd bis arrest rss made
because hs was ls0oring, with sons effsct, to
prevent iae raising Of troops TO encourage de-
sctiouE fr0m TIE army, AID 80 lsave the rebellion
without 80 adequate military forcs TO sappross
il. Ha was not arrested because hs was dana
aging tic Poiical prospects of the Alminissra-
tion, or the personal interests Of the c5mmsnd-
ing gsE0ral, bat beanie he was dasariug the
army upon the existence and vigor Of which
fhe iis, Of tie nation depends. lie was wRring
upon ths mil5sry, and ths Esvs sls hlilss5
constitutional jurisdiction to lay handg np7a
] him- lf Af- Yalisndgbaa was not damaging
the military power Of iAe couutry, then his ar
4 rest was made on mistake Of fact, which I would
be gisd 10 correct on reasonably satisfactory
/ evidence.
Iundsrs.and the meeting, whose resoluEons ]
an considering, to be in favor of supprassihg
Tee rebsli0a BY military foyce-by a7mie5,
I Leag expsTisnce has shows that armies cannot
he n1a.nisincd upless describes shall hs panishsd
I by tho severe penalty Of death. The ease rs
+ qaiIas aud The law and TIA Constitution sane
I loa this panishnsnt Must 7 aheys q simple
mina83 g8l1ier boy who deserts while must
nos touch hair Of willy agiiassr who ip6Uees
I him 30 deseTt1 Ths Is meme she less i1iuTioug
whan Effected By getting father, or brother, or
J friend, into a public meeting snd theTs working
upon bis fseings ill he is persuaded 70 write
! the soldier boy thata ha IS 6ghiag in g bad
I eause, fer q wicked administration Of q con-
4 tenptibls Government. 500 weak to arees. aud
! puuish hin if he shall desert, I think thss in
such case, 70 silence the egitstor snd save ths
soy is not only constitutional, bus withal a
! greet mercy.
! IfIbo wrong on this question Of eonstisu-
sional power, my error lies in beijsving that ear
] tdn proceedings are constitutions 'ynon' 70
esfss Of rebsiiisn or invasion, the puble safety
/ reaaires them, which woald not bs constiin
J sional when. ia tbs absences Of rebellion or lnTs-
SION. The pu6lic safety does no uire them: 10