adopted into our Constitution at the close of the
Revolution.” Would not the demonstration
have been better if it could have been truly said
that these safeguards had been adopted and applied
during the civil wars and during our Revolution, instead
of after the one and at the close of the other?
I too am devotedly for them after civil war, and
before Civil war, and at all times, “except
when, in cases of rebellion or invasion, the public
safety 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 government, they are the elements of the
enduring stability of the republic.” No
one denies that they have so stood the test up to
the beginning of the present rebellion, if we except
a certain occurrence at New Orleans hereafter to be
mentioned; nor does any one question that they will
stand the same test much longer after the rebellion
closes. But these provisions of the Constitution
have no 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 Constitution,
and upon the conviction of which the punishment is
death—nor yet were they made to hold persons
to answer for any capital or otherwise infamous crimes;
nor were the proceedings following, in any constitutional
or legal sense, “criminal prosecutions.”
The arrests were made on totally different grounds,
and the proceedings following accorded 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 installation here it had been inculcated
that any State had a lawful right to secede from the
national Union, and that it would be expedient to
exercise the right whenever the devotees of the doctrine
should fail to elect a president to their own liking.
I 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 the United
States flag, all before I was inaugurated, and, of
course, before I had done any official act whatever.
The rebellion thus begun soon ran into the present
civil war; and, in certain respects, it began on very
unequal terms between the parties. The insurgents
had been preparing for it more than thirty years,
while the government had taken no steps to resist
them. The former had carefully considered all
the means which could be turned to their account.
It undoubtedly was a well-pondered reliance with them
that in their own unrestricted effort to destroy Union,
Constitution and law, all together, the government
would, in great degree, be restrained by the same
Constitution and law from arresting their progress.
Their sympathizers invaded all departments of the