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inaugurating； by the Constitution itself the 〃habeas corpus〃 might be
suspended； but they also knew they had friends who would make a
question as to who was to suspend it； meanwhile their spies and
others might remain at large to help on their cause。 Or if； as has
happened； the Executive should suspend the writ without ruinous waste
of time； instances of arresting innocent persons might occur； as are
always likely to occur in such cases； and then a clamor could be
raised in regard to this； which might be at least of some service to
the insurgent cause。 It needed no very keen perception to discover
this part of the enemies program； so soon as by open hostilities
their machinery was fairly put in motion。 Yet； thoroughly imbued
with a reverence for the guaranteed rights of individuals； I was slow
to adopt the strong measures which by degrees I have been forced to
regard as being within the exceptions of the Constitution； and as
indispensable to the public safety。 Nothing is better known to
history than that courts of justice are utterly incompetent to such
cases。 Civil courts are organized chiefly for trials of individuals…
…or； at most； a few individuals acting in concert； and this in quiet
times； and on charges of crimes well defined in the law。 Even in
times of peace bands of horse…thieves and robbers frequently grow too
numerous and powerful for the ordinary courts of justice。 But what
comparison； in numbers have such bands ever borne to the insurgent
sympathizers even in many of the loyal States？ Again； a jury too
frequently has at least one member more ready to hang the panel than
to hang the traitor。 And yet again； he who dissuades one man from
volunteering； or induces one soldier to desert； weakens the Union
cause as much as he who kills a Union soldier in battle。 Yet this
dissuasion or inducement may be so conducted as to be no defined
crime of which any civil court would take cognizance。
Ours is a case of rebellionso called by the resolutions before me
in fact； a clear； flagrant； 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 can not
be proved to be guilty of defined crime； 〃when； in cases of rebellion
or invasion； the public safety may require it。〃
This is precisely our present casea case of rebellion wherein the
public safety does require the suspensionIndeed； arrests by process
of courts and arrests in cases of rebellion do not proceed altogether
upon the same basis。 The former is directed at the small percentage
of ordinary and continuous perpetration of crime； while the latter is
directed at sudden and extensive uprisings against the government；
which； at most； will succeed or fail 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 ordinary crime。 The man who stands by and says nothing when
the peril of his government is discussed； cannot be misunderstood。
If not hindered； he is sure to help the enemy； much more if he talks
ambiguouslytalks for his country with 〃buts；〃 and 〃ifs；〃 and
〃ands。〃 Of how little value the constitutional provision I have
quoted will be rendered if arrests shall never be made until defined
crimes shall have been committed； may be illustrated by a few notable
examples： General John C。 Breckinridge； General Robert E。 Lee；
General Joseph E。 Johnston； General John B。 Magruder； General William
B。 Preston； General Simon B。 Buckner； and Commodore Franklin
Buchanan； now occupying the very highest places in the rebel war
service； were all within the power of the government since the
rebellion began； and were nearly as well known to be traitors then as
now。 Unquestionably if we had seized and had them the insurgent
cause would be much weaker。 But no one of them had then committed
any crime defined in the law。 Every one of them； if arrested； would
have been discharged on habeas corpus were the writ allowed to
operate。 In view of these and similar cases； I think the time not
unlikely to come when I 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 constitutional in localities where rebellion
actually exists； but that such arrests are unconstitutional in
localities where rebellion or insurrection does not actually exist。
They insist that such arrests shall not be made 〃outside of the lines
of necessary military occupation and the scenes of insurrection。〃
Inasmuch； however； as the Constitution itself makes no such
distinction； I am unable to believe that there is any such
constitutional distinction。 I 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 I insist that in
such casesthey are constitutional wherever 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 mischievous interference with the
raising and supplying of armies to suppress the rebellion as where
the rebellion may actually be； as well where they may restrain the
enticing men out of the army as where 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。 It is
asserted in substance that Mr。 Vallandigham was； by a military
commander； seized and tried 〃for no other reason than words addressed
to a 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 were no other reason for the arrest； then I
concede that the arrest was wrong。 But the arrest； as I understand；
was made for a very different reason。 Mr。 Vallandigham avows his
hostility to the war on the part of the Union； and his arrest