Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1863-05-29
VALLANDIGHAM RREST-T'HE LAW
OF THE CASE


Judge Leavitt, of the United States Dis
trct Court Of Ohio, refused the writ Of habeas
corpus in Vallandigham's case, affirming em-
phatically the power Of the President, and in
timating quite distinctly that it was his duty,
to arrest him. After noticing the powers
conferred upon the President by Congress in
1895, as it these President Lincoln is now
executing. the judge said
The power Of the Prendent undoubtedly implies the
right persons who misohievous aud disloy
al thereby endangerng the existence Of the Government
and the ot the army and possessing IT, he
delegate At 70 the Commander Of Department
" Maftiatlaw lie defined 20 be the will Of the militia
y commander, operating without restraint, save his
own judgment upon the entire social and and indvidu
al condition Of the people To the objection that no
proclamation Of martial law had been issued it need
only be said that no such thing in necessary"
Iu concluding his opinion Judge Leayitt
uttered homely truths which are fitted for
some people even in this region, and we com
mend them to careful consideration and re-
membrance.
"And here, without subectng myself 10 the charge Of
touching upon the domain Of political discussion,
be INDUCED in the remark hat there is much " he
pestlentiAl leaven of disoyalty in the community
There is class u in the loyal States who
have lust appreciation ofhe deep ohina of those
who in avowed for the overthrow Of the Govern
mrut and the establishment Of southern Confedrracy.
They have not fear risen 20 any right estimate of their
duties and obligations American citizens 20 Govern
mcnt which has strewn ts blessings with prOfuse hand
may venture the assertion that the page " history
will he searched in vain for Al example of rebellion
wholly destitute Of excuse vindicsli0n. and dark
with crime as that which bleeding oOuntry now
called upon confront and FOR The suppression of which
ali her energies demanded It's cause is TO be found
in the uuhalowed ambition Of political Aspirants and
agtators, Who boldly their aim not the estah
lshmcnt Of government for the better security Of hue
man rights, but one in which all political power as 70 be
concentrated in odous and despote oEArehy. II is
indeed consoa,ory know that in most sections OF the
North, those who sympaihze with the rebellion not
numerous formidable the appreheusions Of
would seem 10 Indicate
~ may be assumed I trust that in most Of tie
Northern States reliable and answering patriotism is
the rule and dsoynlv and treason the exception But
moutous SUBJECT Men should know aud l9f the truth
% heart that there is Of conduct not involving
over treason and not therefore suiec, punishment
such, which, nevertheless, implies moral guilt and
gross 1fense against the country. Those who live
der he protection and cni the blessings ~ our hlnv
uat Voverument must learn hat they stab It's
'lials with mWnity. II they cherish hatred and hos
tiY u1 aud desire su0vefsiou let them withdraw from
Jurisdiction, and seek the feoFship and protection Of
those with whom they are IN sympathy II they remain
with us' while they are not OF u.s. they must be subec,
O. such of dealing the great aw of 5ef pre-
Nfvauon pTescrbes and will eufrce. And let them rot
complain f The stringent doctrine Of military necessity
Should hud them be The legitimate object of its action
have Tears that the recognition nf this d0ct Tine n
lead TO arbitrary Invasion Of the personal security
personal liberty Of the citizen. il is indeed that
charge Of disloyalty will be made upon insufficient
grounds.
But il there should be an occasional mistake.
such is 10 be put in competition with
he preservainu Of the life u the nation and confess
that am but little moved by the eloquent appeals Of
those Who Thile they Indignantly denounee violation q
personal liberty, look with horror upon a despOtsm
as unmitigated as the world has ever Witnessed,