Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-06-17


courts of justice. But what comparison, il
numbers, have such bands ever borne to the
lnsurgent sympatllizers even in many of the
loyal statesp Again: a jury too frequently
has at least one member more ready to hans
the panel than to hang the traitor. And vet
again, he who dissuades one man from volun
teerlng, or induces one soldier to desert
weakens the Union cause as much as he who
kills Union soldier in battle. Yet this dis.
suasion or inducement may be SO conducted
as to be no defined crime of which any civil
court would take cognzance.
Ours is case of rebellion-so called by
the resolutions before me-in fact, clear,
fragrant, and gigantic case of rebellion; and
the provision 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 public safety may
require it, is the provision which specially
applies to our present case. This provision
plainly attests the understanding of those who
made the constitution, that ordinary courts of
justice are inadequate to ''cases of rebellion"
-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 discharge 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, i'll cases of invasion or rebel
lion, the public safety may require it, This
is precisely our present Casa case of rebel
lion, wherein the public safety does require
the suspension. Indeed, arrests by process
of courts, and arrests in cases of rebellion,
do not proceed altogether upon the same ba-
sis. The former is directed at the small per
centage of ordinary a.Id continuous perpetra-
ton Of crime; while the latter is directed at
sudden and extensive uprisings against the
government, which at most will succeed or
tail 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 the preventive
and less for the vindictive than the former.
In such cases, the purposes of men are much
more easily understood than in cases of ordi
nary crime. The man who stands by and
says nothing whenthe peril of his government
Is discussed, can not be misunderstood. If
not numbered, he is sure to help the enemy
mucn more, If he talks ambiguuusly-taiks
Tor his country with ''buts" and ''ifs' and
lands" OF how little value the constitution
al provisions have quoted will be rendered,
if arrests shall never be made until defined
crimes shall have been committed NAV be il
Illustrated by few notable examples Gen.
John Z. breckenridge, Gen. Robert E. Lee,
Gen. Joseph e. Johnston, Gen. John b. Ma
gruder, Gen. William B. Preston, Gen. Simon
Il. Buckner, and Commodore Franklin Blu
chanan, row occupying the very highest
places IN the rebel war service, were all with
i'll the power of the government since the re-
bellion began, and were nearly as well known
to be traitors then as now. Unquestionably,
if had SpizH1 and halt ha
cause would be much weaker. But no one
of them had then committed any crime de-
fined in the law. Every one of them, if ar
rested, would have been discharged on habeas
corpus, were the writ allowed 10 operate In
view OF these and similar cases, | think the
time not unlikely to come when | shall be
blamed for having made too few arrests rather
than too many.
BY the third resolution, the meeting indicate
their opinion that military arrests may be con-
stitutional in localities where rebellion actu-
ally exists, but that such arrests are uncon-
SttutiOnal in localities where rebellion or in
surrection does not actually exist. They in
sist that such arrests shall not be made ''Out-
side Of the lines of necessary military occup3-
ton, and the scenes of inSurrection." lnas-
much, however, as the constitution itself
makes no such distinction, / am unable to be-
lieve that there is any such constitutional dis
tinction. [ concede that the class OF arrests
complained of can be constitutional only
when, in cases OF rebellion or invasion, the
public safety may require them; and | insist
that in such cases they are constitutional
chereger the public safety does require them ;
as well in places to which they may prevent
the rebellion extending as in those where it
may be already prevailing; as well where
they may restrain miSchlevous interference
with the raising and supplying OF armies to
suppress the rebellion, as where the rebellion
may actually be; as well where they may re-
strain entcing men out of the army, as wher,
they would prevent mutiny in the army !;
equally constitutional at all places where
they will conduce to the public safety, as
against the dangers of rebellion or invasion.
Take the particular case mentioned by the
meeting. 1t is asserted, in substance, that
MIR. Vallandigham was, by military COM
mander, seized and tried ''tor no other reason
than words addressed to public meeting, in
criticism Of the course of the administration,
and IN condemnation of the military orders of
the General" Now, if there be no mistake
about this; if this assertion is the truth and
the whole truth; if there was no other reason
for the arrest, then concede that the arrest
was wrong. But the arrest, as | understand,
was made for very different reason. Mr..
Vallandigham avOws his hostility to the war
on the part OF the Union; and his arrest was
made because he was laboring, with some eff.
feet, to prevent the raising of troops; to en-
courage assertions from the army; and to
leave the rebellion without an adequate mill
tary force to suppress it. He was not arrest
ed because he was damaging the political
prospects of the administration, or the per-
sonal interests of the commanding general,
but because he was DAMAGING the army, upon
the existence and vigor of which the life of
the nation depends. He was warning upon
the military, and this gave the military con-
stitutonal jurisdiction to lay hands upon him.
If MIR. Vallandigham was not damaging the
military power of the country, then his arrest
was made on mistake of fact, which would
be glad to correct on reasonably satisfactory
evidence.
l understand the meeting, whose resolu-
tons | am considering, to be in favor of sup
pressing the rebellion by military force-by
armies. Long experience has shown that ar
mics cannot be maintained unless assertions
shall be punished by the severe penalty of
death. The case requires, and the law and
the constitution sanction, this punishment.
Must | shoot a simple minded soldier boy
who deserts, while | must not touch a hair of
a willy agitator who induces him to desert
This is none the less injurious when effected
by getting father, or brother, or friend, into
public meeting, and there working upon his
feelings till he is persuaded to write the SOL
der boy that he is fighting in a bad cause, for
wicked administration of a contemplate
government, too weak to arrest and punish