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 rebellion--so 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
case