The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1863-06-03

rom he National Intelligence, May 90,


and conviction OF Mr.. Vsllsnd'ghsn on he
charge OF giving aid and comfort to the enc
my, We thiuk it proper, in view OF the in;er-
est attaching % this question, considered IS
one OF Law rather d an military caprice. 10
place distinctly before our readers the points
ou which il turns.
The charge brought against hr. Vsllan-
digham was as follows:
Publicly expressing, in violation Of Gen
Order No 38 from headquarters Department
oi The Ohio, bis sympathy or those in arms
against the Government of the United
States, declaring disloyal sentiments and
opinions. with the object and purpose OF
weakening the power OF The government in
its Efforts to suppress an unlawful rebellion
The specification adduced by the judge
advocate in support OF this charge is in tie
following terms: -
In this, that the said Clement L. Va'laDd-
ighsm, citizen of the STATE Of Ohio, on or
about the first day OF May, 1863 at Mount
Vernon. Knox county, Ohio, did publlcly ad-
dress large meeting of citizens, and did
utter sentiments, in words or in effect as
follows: Declaring the present war "a wick.
ed, cruel, and unnecessary war; "a war
not being waged for the preservation Of the
Union;'' ga war for the purpose OF crushing
out liberty and erecting q despotsH;' "a
war for the freedom of the blacks and the
enslavement OF the whites" stating THAT
If the administration had so wished, the
war could have been honorshly terminated
months ago;' that peace might have been
honorably obtained by listening TO the pro.
posed intermediatron of Fiance;' that prop
h,,. Il 10 pf, ,il1
te won back and the South be guaranteed
her rights under the Constitution had been
rejected the day before the late battle o.
Fredericksburg by L,ncoln and his minions, -
meaning thereby the President oi tie Uni
ted States and those under him in authority
charging THAT the government OF the Uni
ted States were about to appoint military
marshals in every district to restrain the
people of their liberties to deprive them OF
their rights and privileges" Characteriz
ing General Order No. 38, headquarters De.
.,srtment u the Ohio as "a base usuIpation
OF arbitrary authority" inviting his hear
ers to resist the same, by saying "tte sooner
the people inform the miDions Of usurped
power that they will not submit to such re-
strictions upon their liberties the better"
Declaring ''that he was at all times, and Up
on all occasions resolved to do what be could
to defeat the attempts now te,ng made 10
build up monarchy upon the ruins o'our free
government" ;" asserting that he firmly be@
lieved. as he said six months ago, Il at the
nen in power are attempting to establish r
spotism in the country more cruel and
more oppressive than ever existed he'ore,"--
AH of wh,ch opinions and sentiments lie 1ceH
kne,o did aid, and c0mfoTt, and encourage
those in arms against the government, g,d
could but induce IN his hearers distru% Of
their aon government, and sympofby yfor those
in arms against it, and dispoSito" to resist
the 1a1cs of the land.
~. NJ. CUTS, Captain Eleventh Infantry,
Judge Advocate Department Of the Ohio"
It will thus be seen that the charge and
the specification. even if en- nirely sus' aired
by the evidence, Gas to which in this inqul'
we raise no question: seek to convict Mr..
Eallandieham, citizen OF Chic, OF giving
nid and comfort to the enemy"
Now this offense has, by the recent leg
islation of Congress, been made expressly
cogn&able by the courts Of the UriSeG
States. This will appear from the following
statute, being "An act to suppress iasurrec
tion, 10 punish treason ard reb Hon, and
confscate the property Of rebels. and for
other purposes" approved July II. 1862,
and found in volume y, chapter 1875, page
b89 Of the Statutes at Large, as printed BY
order Of Congress. We cite The section re
lative TO this topic, as folcws:
SEC. Q. .And be ii further enacted, That il
any person shall hereinafter incite, set On
foot, assist, or engage in any rebellion or IN
Surrec;ion against the authoIj'y Of the Ui
ted States or the laws thereof or shall gjUe
aid or comfort Mereto, or shall engage in OF
qiue all and Gonfoyt TO any such frisiing re
belliOn or iasurrectiOn, and be convicted there,
Of such person shall be punished by impri
sonment for period rot exceeding ten ears
or by O fine not exceeding ten thousand
dollars, and by the liberation OF ell his
slaves, il any be have, or by both Of said
punshments, at the discretion OF the court
SEC, 8. And be it further enacted, That
every person guilty Of either Of the oifenses
described in this act shall be forever incapa
Bile and disqualified to hold any Office under
the United States.
The tribunal to take cognlzance Of snct
cases and questions distinctly appears from
the concluding section Of this statute, as fol
lows:
SEC. IA. And be il further enacted, That
the courts of the United Sta es shall hav
full power to institute proceedings, make
orders and decrees, issue process, ard do all
other things necessary 10 carry this act into
effect.
This is conclusive as to the jurisdiction o
the courts OF the United States, ard Of then
alone, over the offense alleged to have beer
b, Vo1In Ia bny m
But tie last Congress did not step here -
As II to Shut the door against any such pre-
ceedipgs as those instituted by Gen. Burn
side, it passed an act, app owed Mach .
1853, expressly ''relatng 10 haJeas corpus and
regulating judicial proceedings in certain
cases" The sections Of this act relevant tc
the case Of Mr.. VailaHdgiism may lie found
on page 755 of the volume Of the Statutes
al Large as just printed BY order OF Congress
and are as follows:
Be it enacted By the Senate and House o.
Representatives of the United States Of inner.
ica in Congress assembled, That, during the
present rebellion, the President OF the Uni
ted States, whenever, in his judgment, the
public sa'ety may require, is authorized to
suspend the privilege OF the writ of habeas
corpus in any case throughout Tie United STATE
or any part therrof. 1.-THE privilege has not
been suspended in Ohiol ADd whenever
and wherever the said privilege shall be sus.
pended as Aforesaid, no military or other
officer shall be compelled in answer TO any
writ Of Aabeas corpus. to return the body oI
any person or persons determined by him by
authority Of the President, but upon the
certificate, under oath, OF The officer having
charge OF any one so detained that such per-
son is detained by him as d prisoner under
authority of the President, further proceed
ings under the writ Of habeas corpus shall be
suspended by the judge or court having i'-