Year: 1862

9 gainst punishment for treason, but wha,
l. In his innermost heart of hearts a traitor.
is do not want to hear any more of a n,
g than that he is invoking the forbearancs
/. the Constitution and the great barriers
9 favor OF American liberty to protect an
: iernal traitor in his course. to know that
a IS sympathizer. Our Administration
J. assailed because. not having the technic
d evidence in their possession to bring m.
: to trial and judgment OF death, they do n
b lei him go at large to plot against the Ii
}. of the Government.


r Mr.. President, 1 have said a great de
e more than l intended: but the theme is
>. very fruitful one. A tyranny exists her
? It Is said. Sir, is it not manifest TO every
: body th lat from the time when this treaso
broke out. when we bad traitors in the Ser
, ate proclalming their treason on this fool
, when they conspired to take the lie {


your President on his way to the capita


when they beset your regiments conib


here Tor no other purpose than to defen,


your capital. until now every scintilla of in


formation that your Executive has is com


municated to traitors on the other side o


the river as soon, as it is 10 people on thi





to put that down; they have not succeeded


and yet the Senator stands there. and says


you know his heart is witt the enemy, bu,


who meanly skulks from overt acts in their


favor; you should not imprison him, you


should not restrain him; but you must let il


all go. and permit the enemy TO be perfect


iy cognizant ofevery expedition and Of eve


ry move you make. am sorry that the


Sci


meet The consequences of his insinuations
against the Administration and against the


committee.


Sir, it is perfectly manifest that if persons
are shut up in dungeons, and restrained OF
their liberty. 1t is that the Constitution may
live. know it is not in accordance with
the principles OF our Constitution. In ordi
nary times it could not for a moment be tol-
Grated; but when, with all your caution, and
with all his pretended tyranny, you have
not been able, as yet,~to conceal a knowl-
edge OF the most important expeditions of
your armies and your intended movements
from tie enemy as soon as your own people |
possess it. the man who stauds up for rig
Id execution of the ha5eas corpus and the /
law, as in time Of peace, is but a sympathi
ger with them. While am up let me say
that in times of revolution and rebellion like i
his, when whole States have come out and
proclaimed their intention to destroy the life
y our glorious Government. whenthey have
heir material hosts in the field. bent o.. iksa
ns col 6lSs fsu6uhesd r
| utterly. They have struck at your life.
hey would take your hearts blood. They I
roclaim themselves ready to do it. And
ct, sir, you are to treat them with lenity!
y. hot M
hall be deprived of his life, or despoiled of {
lis goods, without the process OF law. 1t
to every man the right Of life,
liberty, and property; but are you not COM
yelled to advance into his country with your
Irmies, to plant your cannon, and destroy
lin by whole armies togetherl Is that
l.? NY Secession friend. if
here is any such here, why do you not in-
yoke the Constitution 10 opposition to our
cannon and our musketry against these re
Delsl The Constitution protects their rights.
Y on do not invoke it on the field of battle.
You do not summon jury. You do not
Try him there by jury, as the Constitution
says you shall. Why do you not carry
our doctrines to their legitimate end! Why
stop short? Does the Senator from Cali
Iornia pretend that when our iosts march in
battle array. and meet those of the enemy.
and it is life against life, we should summon
\ jury before we begin to shoot, and see
they had committed actual rebel
ion? Your Constitution says there lives
shall not be taken without due process OF
law. ask you, cavalier about the Consti-
tuition. where is the law tor itl


Sir, no jurist yet has had the folly TO at
tempt TO limit the powers that a man may
u Sc in defence of his own life when assailed
and so no statesman will attempt to limit
The power that nation may use when the
lie of the hation is assailed. There is no
limit TO it. You have right to go for
ward in All individual case in yonr might,
and if your life is sought, any force, any
power. anything that you may do honestly
iu defense "f your own lite, the law pro-
nounces jusiiable act. So. when the
life Of the nation is asssiled by vile traitors
embodied IN military array for its destruc
ton. they are beyord all law. they have re
pudated all law, and the nation. in defense
Of its Constitution. its Uuion, and its flag,
may resort to any means that God AL
mighty has put in their hands honestly to
maintain their constitutional rights. l know
very well that small lawyers may get up on
these great questions Of sta,esmauship and |
as a man would 10 screen .
telon before justice of the peace. and place
his arguments on those narrow principles of
law He may require all the
prescriptions Of innocence that are so often 4
resorted to shield culprit from the pun
ishment OF this crime. 1t is done here
But sir, the man whose life is assailed does !
not summon jury. and the nation whose
life is assailed by traitors need not summon
a jury. All you want is the power. honest
ly exercised. to put il down.


Let me say. in passing. that every word /
and every syllable that the Senator in.
voked in favor Of General Some might 4
have been just as well. and with more pro-
priety and more strength. urged In favor of
JEFF Davis to day. He had played a very !
important part 10 Mexico; he had held high |
offices under your Constitution: and all the /
arguments tha, the gentleman resorted to to
shield General Stone would be indefinitely /