Year: 1863

TWO WAYS.


The topic of Arbitrary Arrests seems to have
been bereft of all practical Importance by the wise
forbearance which the Administration has for
some months exercised. In the earlier stages OF
the War, not merely such outright partisans OF
the Rebellion as those who managed the Mary
land Legislature of 1861 and manipulated the Bal
timore Police at the time of the massacre OF the
Massachusetts, Volunteers, but such mere wind
instruments of SlavehOlding Treason as Schnabel,
Mahony, Olds, &C., were caught up on naked
Executive order, hurried of to some strong
hold, and there detained at discretion. But OF
late all this has been discreetly and benehcially
foregono Throughout the late canvass in Con-
necticut, the whole Copperhead pack was let loose
there-Wood, Brooks, Burr, Schnabel, Perrin,
and the rest-and harangues were daily delivered
by them that JEFF. Davis, if present. would have
cheered from beginning to ends yet no one was ar
rested, no one interfered with. Self-confuting
assertions that all freedom of speech or of the
press had been eItnguished by the Abolition
despotism" at Washington, were reeled of by the
hour; and voters were exhorted to arouse in their
might and reclaim a liberty of which the very
terms Of the eIhOrtaton proved them already IN
full possession. A few more such spOusers stump
ing the State must have so sweed the tide OF re-
action in favor Of tho Government as 10 have
swept the last Member Of Congress along with
the current. Every genuine Copperhead speech
made in the State was al once a refutation of the
pretense that Liberty overthrown. aud a de-
monstrnton that-whatever the impolicy OF mag
nifying their Importance by arrests-the bulk Of
the involuntary guests at the Hotel Lafayette and
kindred establishments had received 10 more than
they had richly deserved.


We fully uphold the right Of the President, in
times Of CONFUSION aud peril, to arrest suspected
traitors against whom no overt act can be proven.
The Maryland conspirators whose unseen hand
directed the blows by which the streets of Balti-
moro were redeemed with Massachusetts, blood
and the Federal Metropolis was temporarily iso-
lated from the loyal States, who telegraphed for
Volunteers 10 maintain that isolation, aud who
met as Legislature to afford all possible aid and
comfort to the Rebellion, ought to have been ar
rested and kept fast, no matter how many sym
pathizing judges should issue writs Of habeas
corpus in their behalf And it is absurd to say
that in such crisis, the President must wait for
au express Legislative authorization. He must
save the Repubhc-eyerything else can wat-ths
cannot He must "take the responsibility" and
look to the loyal Millions 10 shield and justify him.
The common sense, the sure instincts, of the Peo-
pie will bear him harmless through all resulting
perple1ities.


But the power herein implied is one OF tre-
mendOus scope, and not to be e1erted lightly or
capriciously. To arrest and unprison q mere
brawler of dsloyalty, poor conduit of windy se-
diton, is fearful blunder at best. 1t digDfes
him, while il degrades the Executive He whose
widest ambition did not soar so high becomes
prisoner Of state, an object of National concern,
a possible memento of a violated constitution. II
his arrest was not a state necessity, it s an un-
justifiablc usurpatOn. lie is invested by the Gov
ernment with a Fictitious eonsequence-the ber-
ties of Twenty Millions may have been assailed in
his person. Hence we hold nine-tenths of the ar
rests made on mere Executive order as unwar-
ranted by any facts known to the public,
while the facility with which their subjects have
generally been let loose without any Judicial pro.
ceedng or even inquiry tends to deepen the natu-
raj presumption that they might safely have been
forborne And every unnecessary arrest contributes
TO weaken the Government and strengthen its



malignant adyersaries. We rejoice to believe that
Arbitrary Arrests will hencoforth be few and far
between