The Goodhue volunteer., 1863-07-01

by their Ieal alAtlons, assert and argue that
certain military arrests, and proceedings
following them, for which am ultimately
responsible, are unconstitutional. l think
they are not. The resolutions quote from
the Constitution the definition Of treason and
also the limiting safeguards and guarantees
therein provided for the citizen on trials
for treason, and on his being held to answer
for capital or otherwise Infamous crimes,
and, in criminal prosecutions, his right to a
speedy and public trial by an impartial jury
They proceed to resolve that these safe
guards Of the rights of the citizen against
the pTstensions sf arbitrary power were in.
tended more especially for his protection in
times ofcivil comotion. And, apparently
to demonstrate the proposition, the resolu.
tions proceed. They were secured substan-
TALLY to the English people after years Of
protracted civil war, and were adopted into
our Constitution At the close OF the revolu-
tion'' Would not the demonstration have
been better, il it could have been truly said
that these safeguards had been adopted and
ap'ied during the civil wars and during the
revolution, instead Of after the one and at
the close Of the other? I, too. am devoted
~ for them after civil war, and before civil
war. and at all times, except srh<n, in cases
Of rebellion or ;nrasio'a, the public salty may
require their suspension. 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 all free govern
ment, they are the elements Of the enduring
stability Of the rcpublic.' No one denies
that they have so stood the test up to the
beginning Of the present rebellion, if we ex
cept certain occurrence at New Orleans:
nor does any ore question that thcy will
stand the same test much longer after the
rebellion closes But these provisions Of
the Constitution have on 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 Con
stitulion, and upon the conviction Of which
the punishment is death nor yet we're they
made to hold persons t. answer for any capt.
tai Of otherwise Infamous crimes: nor we're
the proceedings following, in any constitu:
tional or legal sense, criminal prosecutions.'
The arrests were made on totally different
grounds, and the proceedings following &C
corded 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
Constitution plainly made for such cases.
Prior to my ins'alIment here, it had been
'nculcated that any State had lawful right
to scccde from the national Union. and that
It would bo expedient 70 exercise the right
whenever the devotecs of the doctrine should
fail to elect President to their own liking
was elected contrary to their liking and
accordingly, SO far as it was legally possible
they had taken seven States out Of the
Union, had seized many Of the United
States forts, and had fired upon tho United
States flag, all before was inauguratcd, and
Of course. before had done any official act
whatever. The rebellion thus began soon
ran into the present civil war and, in GER
tain respects, it began on very unequal terms
between tho parties. The insurgents had
been preparing for it more than thirty years.
while the Government had taken no ste1,s
to resist them. The former had carefully
!considered all tho means which could b.
turned to their account. It undoubtedly
was we'll pondered reliance with them that
lin their own unrestricted efforts to destroy
tho Union. Constitution, and law, all tose,h
|er, the Government: would in great degree,
b restrained by the same Constitution and
law from arresting their progress. Their
I*ympathizers pervsded oil departments Of
the Government aud nearly oil ommunitiss
Eof the people. From this matsrial, 'unds,
cover Of liberty Of speech, liberty Of press
and 'habsas corpus they hoped to keep on
foot smongst rs most efficient corps Q,
spies. iniormers, supp'iers, and aiders and
abettors Of thsiT cause in thousand vays
They knew that in times such g they wer,
'nansuraiing. BY the Constitution ITSELF the
'habeas corpus might b suspended 81,
they also knew they had friends who would
make QUESTION 8 to Who was 70 .u.pend
Iis; neaswhiIs their spies and others rixh,
|Tsnain q hsgs to help On their cause. o,
lie y has happsned. The Executive should
,is0psad she writ; uithsat ruinoos vas.s 8
l''ne. Instasosa g arrsstinS isnscsns psrsos.
ds5ht oerur. = srs alvays likely . oocu,
In - casss; and thea elamor ooud 5,
lraised = regard . shs. which might s., !.
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