The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-06-15

civil war, and at all times "sxcept when Of
bsion or invasion. the public safety may require their
suspension The resolutions proceed tell that these
safeguards have stood the test Of sevenysx years Of
trial, under republican system, under
which show that whe they constitute the foundation Of
AL free government, they the elements OF the
during stability OF the republic" No denies that
they have 30 stood the test 70 the beginning Of the
present rebellion, We except certain occurrence at
Now Orleans nor does any one question that they viii
stand the much longer after the rebellion closes
But these provisions Of the constitution have appca
ton TO the have In hand because the arrests
complained OF not made for treasonthat s not for
the treason defined n the constitution and the con-
viction or which the punishment Is deaihnor yet
they made to hold persons for any capital
otherwise Infamous crimes; the proceedings
following in any constitutional legal sense, 'crimnal
prosecutions" he arrests made totally diner
ent grounds and the proceedings following accorded with
the grounds Of the Let consider the real
with which dealing, and apply TO il the parts OF
the constitution plainly made for such
Prior to my installation hero had incncated that
any State had lawful right secede from the national
Unon and that Il would be expcdient 10 exercise tho
right whenever the devoees Of tho doctrine should fail TO
elect President 10 their liking. elected
trary to their liking and accordingly, far it
legally possible, they had taken States out OF the
Union, had seized many Of the United States forts,
and had fred upon the United States flag, all
beore was inaugurated, and, Of course, before
had done any onlciai act whatever. The rebellion
thus began ran into the present civil war;
and in csrtain respects, began very unequal terms
between the parties The insurgents had been prcarmg
for more than thirty yeass, while the government bad
taken seIe 10 resist them. The former had carefully
nsdered all the which could DO turned their
account. 1t undoubtedly was wellpondered reliance
with them that in their UNRESTRICTED efforts des
troy Union, constitution and law, all together the gov
ernment would In great degree be restrained by the
constitution and law from arresng their progress
Their sympahzers pervaded all departments Of the gov
ernment and nearly all ccmmunues OF the people. From
this material, under oovcr:of liberty OF SPEECH" lib
erty OF 'he press and habeas corpus" they hoped
keep foot amongst most efficient corps of spies,
nformers, suppers and aiders and abettors of their
cause in thousand ways They knew that in times such
as they inaaguratiug, by the Constitution itself,
the " haL<as corpta" might be suspended; but they
as, knew they had friends who wonid make a
question as TO who 10 suspend 1t; meanwhile their
spies and others might remain at large to help their
or II, has happened the executive should
ped tho writ, without ruinous of time, instances
Of sresting persons might occur always
likely to in such cases. and then camor could be
raised in regard TO this which might be- at least of
service 10 the insurgeut It needed very
keen perception 10 disco this part OF the enemy pro-
grammc oy open hostilities their machinery
was fairly put in motion. Yet thoroughly imbucd With
for the guaranteed rights OF individuals
slow To adopt the strong which by degrees
! have been forced TO regard being within the
exceptions Of the constitution and indispen-
sable 70 the public safety. Nothing is better
known to history than that OF justice utterly
Incompetent to such Civil courts organized
trial m iudiv or
few individuals acting In concert and this In quiet
times and charges Of crimes well defined In the law.
Even IN times 6 bands Of horse thieves and robbers
frequently grow too aud powerful FOR the ori
nary OF justice But what comparison numbers
such bands borne he nsurgen mplibzers
many OF loyal States Again, Jury TO ire
quenty has at least ono member more ready TO hang
the panel than 70 hang ths traitor Aud yet asS'o he
who dissuAdss from yolntesring or oduces
soldier dssert, thu Uooo mach no
who kills UsIos solder 10 bs,te. Yet this d,ssu.srn
induosment may he co,iuc,ed - 20 ts defined
Of which any court would lake cognissnce
Ours case of rcbellonso o,l'sA oy tho resolutions
before me-in fact csar. dayesnt and gigantic case o
rebellion aud the prcvisicu OF the constitution that the
privilege u the N hseess corpus shall not be
pended unless when OF rebellion INVASION tae
public safely may require it, is the provision wh ch
specially applies 10 our present. case. This pro-
who made the constitution, that ordinary courts
Of justice nsdequte "cases Of rebellion -attests
their purpose that, In such cases, may be held In
custody whom the courts acting ordinary rules would
discharge. Habeas corpus does discharge who
proved TO be guilty OF defined crime and Its
sion 10 allowed by tho constitution purpose that men
may be arrested and held who cannot be proved TO be
guilty OF defined crime, "when, In Of rebellion 10
vasiou, the pubic safety may require It," This pre-
cissy present OF rebellion, wherein tho
public safety does require tho suspension Indeed
by process Of courts and arrests rebelion do
not proceed together altogether upon the bars Tho
directed at the small percentage Of ordinary and
continuous preparation d crime, while The latter d.
rected sudden and extensive uprngs against the gov
crpment which, most. will succeed fai IN great
length of 10 the case made
much for what has been done 90 for what pro-
badly would be done. The inter rs more for tho
preventive and less the vindctfvc the former
In such the purposes of much easily
understood than IN OF ordinary crime TIE
who stands by and says nothing when the peril Of hs
government, 10 discussed cannot be misunderstood. II
not hindsred. he is suro to help the enemy; much
more, " he talks ambiguously-taks for his country
with "butsn and Rsp and "ands." OF how little value
the constitutional provisions have quoted will be ren.
dsred, shall be made until defined crimes
shall have been committed, may be illustrated by few
notable example, General John Brecknridge General
Robert Lee General Joseph T. Johnston. General John
Magruder General william Il. Preston, General simon
b. Buckper and Commodore Franklin Buchanan, now
occupying the very highest places In the rebel war
service, all within the power of the gov.
ernment tho rebellion began, and
nearly a. well known TO be traitors then az
now. Unquestonably, " we had seized and held them
the ipsurgent would Be much weaker. Bu, DO
ef them bad then committed any crime defined IN the
Law. Every q them, arrested, would have been
discharged on corpus the writ allowed ope
rate. In view d these and similar cases, think the
time not unlikely 70 come when shall be blamed for
having MADE TOO few arrests rather than TOO many
BY the third resolution the meeting Indicate their opn
100 tha, military may be constitutional locsi.
tiss whsre rebellion actually exists but tbas such
are unooustsusiouA is localities where rebellion or ussr.