mer 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 government and nearly all communities
of the people. From this material, under cover of "liberty of speech,"
"liberty of the press," and "habeas corpus," they hoped to keep on foot
amongst us a most efficient corps of spies, informers, suppliers, and
aiders and abettors of their cause in a thousand ways. They knew that
in times such as they were 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 deser