The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-05-27

Of the United States. and am DIT rmiuCd 10 4
support their policy Ii the people DO not ap /
prove that policy. they can change The con-u /
tutoual auihO tiles OF that GOV rAmtut. $40 the /
proper time aud ty ihe proper method. Let
them freely discuss the policy in proper tome. /
nut my duty requires me to stop license. and
Incorporate discussion. which tends 10 weaken
the authority Of the Government and army,
whilst tie latter i ia the presence OF The en-
emy-it Is c0wardly 50 l. weaken IT, This
license could not be used in our camps-the
man would 0e Torn in pieces Is ho would - tempt
it. There j. 10 fear az tac people losing Their
/ b-rties, we all know thar to be ihc cry oi
demagogues. and none bar the ignorant MI
listen 10 10; all intcil -clt men know thar olr
people are too FAR advanced in tn scale az re
4 gion. civil eaton. education and freedom. 60
allow any power GA earth % interfere Cd
their liberte; hut this same dFanceme.t
these great claractcr.stics oi our people. teach
e. them to make all necessary sacrifices Tor
their country, waen an emergency requires
These are substantially ny reasons Tor ISSUE
ing General Order No SIS. NY reasons for
the determination TO enforce it. and also ms
reasons ;or the arrest o. the Hon. {. /. Nallan
bingham for suppos violation OF that order.
Tor which he has been Tried. The result OF that
trial is now in my hands
In enforcing this order, can be unanimously
sustained by the people or | can be opposed
Nv factious. bad men In the former event
ouietness will prevail; In the latter event The
responsibility and retribation viii attach 70 tn
men who resist the authority and the neigh
borhoods that allow il.
All Of which i respectfully subm O. d.
A T. Burnside. Mag. Gcnl.
Commanding 'cp OF Ohio.
OPINION OF IHE COUNT.
The opinion OF Judge Leayitt Is altogether
too lengthy for Is TO. give anything more than a
few brief extracts. He SAYS:
Il is proper to remark here that on the pre-
sanitation OF the petition, the Court slated 60 ths
counsel OF Mr. Nallandgham that, according 20
the usages OF the Couri, well A. o.her courts
OF high authority, tue Wrt was NOT grauiabie Of
course, aud would only De allowed on a s-fic.ent
showing that IL ought 70 issue The Court j.
entirel, satisfied oil the correctness OF the couIsr
thus indicated The subject vas uly examined
by the harmed Justice Seasne, when present,
The presiding Judge of tins Court, on "a petition
for A habeas corpus presented al the last Octo-
Der term; a casc 10 which further reference will
De presently made. | shall nov only note The
authorities on this point, which seems 10 be en-
tirey conclusive. Peters pol. Cushing K. go
HuTd on hd6eGs corpus. -, =. (. L. pHrsu
ance Of this ruling, an order was made by the
Court thai notice be given 10 General Burnside,
OF the pendency la the court OF tie application
Tor tie writ, 10 The end that he might appear bs
counsel, or otherwise, ~ opp lse tile granting OF
/ he writ. That distinguished General has aCcOr
dingly presented respectful communication to
the court, stating generally and argumeutatiyels
the reasons Of the arrest OF Mr.. Nalaugham,
-. a } L.
sm IN resistance OF the application for the writ
Aud the case has been argued II great lcngh
aud With great ability on the motion Tor lis al
lo~ance.
Ii is proper to remark, further, that when the
petition Was presented, the court made >
unct reference 10 the decision OF this court ir
the case o. ie'huel Rupert, at tie October tel IN,
lo62, before noticed as ali suthO itaiive prece
dent for its action on this occasion
The application, however, 10 the case Of Ru
pert, differed irem the one uow before the count
IN this that afiidaViis were exhibited intended 1,
dsprove the charge OF dislosal conduct impst,e
TO him; aud also ga this, that there Wa no pre-
tense or showing by Roper. that there had been
any investigation or trial BY any court of The
charges against him
II it we're nv desire to do so, have not now
!
length the grounds On which the leaned couuse
has attempted To prove the egah,y OF Genera
Burnside's order for the arrest Of Mr. Valla. dig
ham, aud the duty Of the court TO grant the writ
applied for. The basis OF the whole argument
is the fact that Mr.. Valland CHAM, not being ia
| the military or naval service of the government
aud not therefore sur jet 10 the rules and
articles o. war, was IOt liable 10 arrest ~
der or by military power. And the various pro
visions of the constitution, iht-udod TO guard
| the citizen sgainst uu!tefGi arrests and iHpri-
onmeRts, have been cited aaa urged upon ih.
attention of the court having direct bearing
on the point. 1t Is hardly necessary 10 quot,
/ these excellent guarantee OF the rights and LID
critics OF an American citizen, a. they arr iainil
lar TO every reader Of the constitution. Aud %
may be conceded that if. by just construction
Of the constitutional powers OF the government
in the solemn emergency nov existing. they are
applicable 10, aud must control, the question 81
the egaty Of the arrest Of tie prisoner, il car
not be sustained Tor the obvious reason that no
warrant issued upon probable cause, sup.
ported by oath or affirmation, a. is required 10
ordinary arrests for alleged crimes. But are there
10 other considerations OF a controlling charac
| ter applicable 20 the question? J. not the court
imPeratively bound to regard The present stat,
Of the country, and, ia the light which it throws
upon the subject, TO decide upon the expediencs
OF interfering With the exercise Of the military
powers as invoked ia the pending application
The cOart cannot shut its ewes 10 The grave fact
that war exists, involving the most imminent
public danger, and threatening the bver
zion and destruction Of the Constitution it-eli
ln my judgment, when the life OF the Republic
Is impeTilec, be mistakes his duty and obligation.
ss patriot Who is not wiling TO couceds % rhe
constitution such a capacity of adoption o. cir
cuustauces a. NAV be necessary 10 meet great
ener gencT ard save the nation if0si heprl. NJ
ruin. Self preservation i paramount law
which naiion, "a well as an individual. tnay tad
u necessary TO invoke. Nothing j. hsza- ded IN
saying. that the great sad FAR seeing men ~Lc
framed the cOnsti utOn 81 the Uuited states
supposed they were LAYING tue foundations o.
our National government OF on immOvable basis
/ They did not contemplate the existence II the
state Of things with which the nation l. nov un-
happily confronted, the heavy pressure Of which
s felt by every true patriot They did not rec
Ognlze tue right Oi secession by one or more
STATES, for the Obvious reason that it would have
+ been sn Incorporation Of al element in he con
slituuon for the oe-tructiOn Of the Unoa. Tn
their closing visions Of iuturfy. there zas m
ereshadoSing Of perioi. when tie people a
/ large geographic. section would be guilty. ~
l The madness ana the crime o. auavirg them
selves in rebellion against a government under
vIOsc mid and bengusn- -Say there sas.O muc
T Of hope and promise Tor the comm ages We
Aeed not be surprised, therefore hat o. The Or
gzuic iaw which thew gave Is they made ro