, 1863-05-19

CHI
penolDg motion. to revise or reverse the pr
eeeoltgs OF the Military Commission, if the
wfnt, wgst nei9fe ,n Inc Court The sole question
waether me arrest was legal; and as befo,
remarked, its legality depends on the nece
Sly which existed for making it; and of tl,f
necessity, Tor the reason stated, tlis Cou1
eannot Judieia1ly determine. General Bnrr
| sloe Il unquestionably amcnable to the Exet
M Muuss department for his conduct. II he ha
acted arbitrarily and upon insufficient rex
| sons, it is within the power, and woul
oe the duty of the President, not only to an
nn1 h1s acts, but to visit him with decisiv
marks Of his disapprobation. To the Presj
CENT, IN his capacity Of COMMANDMENTS Chic
u tne army, he must answer Tor bis oficia
conduct. But under our Constitution, wnic]
sfudionsly seeks to keep the executive. lcgi;
la1Fe and Judicial departments Of the Gov
ernment from all interference and contlic
with each other, it would be IN unwarranta
PIE exercise of the judicial power to decia'
1hat Co ordinate branch Of the Government
aGai'ng aa'g nnaer M its high responsibilities, lat
spnlt, by authorizing the arrest in question
Especially IN these troublons times, when th;
national life is in peril, and when union NM
harmony among the different branches Of hid
uoSefnEent a1e so imperatively demanded
Enca interference would find no e1cusc q,
flhdleaflon. Ii the doctrine is to obtain, thui
every one charged with and guilty Of ac:s d
1nischievous disloyalty, not within the scon,
o. nc criminal laws CT the land, in custody
under military authority, Is to be get free ,,y
coaf1s or Judges on habtds corpus, it rcuuirts
no argument to prove that tho most alarming
CONNECTS must follow, and the power Of lhs
Gosernnens Grn11a. =: oe most seriously impaired l
in FfStIn
1ear1nl responsibility implied in Inc sanction
OF such doctrine. =.
And here, without snbjectine mysc1f to the
chaIge Of trcnchiDg upon the domain Of null
tsai y. oMlseussion, M may be indulgcd in the re-
n'ark INIT there IS too much Of the pestilential
is't'en is o. aislo5aity In the community There
u cEsss Of men i'll the loyal States WIN
seem to hive no just appreciation Of the derp
Srlmlnality OF those WIN are in arms avo we'd
y 1of The overthrow Of the Government. and
1he Il! establishment of Southern Coufederacy.
1he} have not, fear, risen TO any right csti.
maze OF their duties and obligations, as
an; american citizens, to Government, which
1an ,oa1 s1rown ITS blessings with profuse hand.
ms; venture the assertion that the pare Of
history viii be searched in vain for nj eS-
ample OF q rebellion SO wholly destitute Of ex-
cuee or Tlndlcatlon, and SO dark with crime
as that which our bleeding country is
noH called upon to confront, and fur
re suppression of which all her encr-
gies are demanded. Its cause is 10
De found in The unhallowcd ambition Of
pollt1cal aspirants and ag1tatora, who boldly
aFo~ their aim, not the establishment Of 4
Government for the better security Of ha1nan
l2ghts, but one In which nil political power
Is 70 be concentrated in an odious and lts,,ot-
ic oigarchy. 1t is indeed consolasory to know
sympathtzc with tie rebellion, arc not 50
numerous and formidable, as the apprelen-
slons OF some would setnl to Indicate, It NAV
he assumed, l trust, that III most Of til:
Northeru States, reliablc and unsweryiue M.
tflotlsm Is the rule, and disloyalty and treason
thc exception. But there should he no diyis.
ton. Men should know, and Law tie trn1h m 10
their heart, that there is q course Of conduct
not involving overt treason, aud not therefore
sun]ect TO punishment "a such, which never
lhe!ess IMPLIES moral .uill and gross otfcnse
against their country. Those who live unIsr
1he protection and enjoy the protection of orr
oeA'si,ant government, must lcarn that they
canuot stab its vitals with impunity, If they
cherish hatred aud hostility to it, and desire
Us snoVei sion, let them withdraw from its
and seek the fellowship and nro-
lection Of those who are in sym
paths: fihcy renlain sctth US, while they arc
NOT q us, they must be subject to such a
Iouise o. dealing as tile great law Of SELF.
ana let them not complain, if the stringent
1oclf1ne OF military necessity should lind
hem to be the legitimate subject Of its uc-
[,on- have no fears that the recognition of
hls doctrine will lead to an arbitrary iuya-
ION Of the personal security, or personAl lib.
.1ty OF inc citizen 1t is rare indeed that a
:b:rec Of disioyalty will be made UPON ius,1f.
lcicnt grounds. But if there should be an
occasional mistake, such an occurrence is not
. be put in competition with the pre:crya-
ion u tue life Of the nation. A l confess. I
m put little moved BY the eloquent appeals
u those who, while they indignantly d.
,ohnce, violations Of personal liberty, look
'ated as the world has ever witnessed,
bnf cnn not pursue this subject further.
am aware there are points made by tha
earned counsel representing Mr.. Valllndlg.
'am, to which have not advertcd. | have
'nd neither time nor strength for a more elab-
q this application. For the reasons which I
ave not attempted to set forth. am I'D
learly to the conclusion that can not fudici-
lly pronounce the order of Gen. Burnside
or the arrest Of Mr.. Vallaudigham rs nuIIity.
nd must, therefore, hold that no sufficient
Frit applied tor, And / may Properly add
ere, That am fortified In my conclusion Ly
he fact just brought to 1nr notice. that ~.
legislature Of Ohio, a. is last session. has |
assGd two statutes, ir which tue validity and !
tgalfy Of arrests in this State under military
uthority are distinctly sanctioned. This is 4
lear Indication of the opinion Of that BODY
bat the lights and liberties of the people are
ot put in jeopardy by the exercise Of the
over In question, and Is, moreover, couces- |
ion that the present state Of the county re-
uires and justftics Its exercise. It is clear
ntinlation that the people Of our patriotic
tate will sanction such L construction of the !
us, without clear violation Of |
Is letter, will adapt it TO the existing emer- /
cncy.
There Is one other consideration to which |
lay, perhaps, properly refer, not rs a reason |
'r refusing the writ applied for, but for the
urposc Of saying that, II granted, there is |
. probability that it would be available in,
tlieving Mr.. Tallandisham from his present
osition. It is, at 1east, morally certain It
'ould not be obeyed. And confess I am
omeWh hat reluctant to authorize o process. |
moving It would not b: respected, and that
&c Court is powerlcss to enforce obedience.
ct, II satisfied there were sufficient grounds !
'r the allowance Of the writ, the considera-
on to which hare adyerted would not be
onclusiye against it.
Mr. Pngh then drew up an entry, to be
'adc upon the records, which Judge Lcayitt
,cepted, and ordered to be spread upon the
linutes. The Court then nd journed.