, 1863-05-21
Chicago Gribnne.
A soUND JUDICIAL OPINION,


Il s0END JUDICIAL OPINION.
The long and very able opinion Of Judge
Leayitt of the United Statea District Court
of Cincinnati, upon the application Of Val
landigham, for writ Of habsds corpus,
whereby he would be released from the
military arrest ordered by Gen. Burnside
as the representative Of the Commander-in-
Chief Of the Army and Navy, il a complete
vindlcation, a. welcome as it Is judicially
sound, Of the position that this journal has
maintained upon the necessity, righttulness
and constitutionait ofarrests in such cases,
since the war commenced. We have held
and still hold, that the Constitution Of the
country contains the right Of sclfpreserYa-
ton within itself; and that to deny to the
President, by the unw1itten military law,
the authority, under the Constitution, to
f'reseroe az well as obey that sacred instru-
ment, is to tie his hands, seal bis mouth,
and permit the rebellion to succeed. And
this is The opinion that Judge Leavitt ex-
presses: Says he:
The Court cannot shut its eyes 10 the grave
fact that war EXITS, involving ths most i'm.
1ninent 1,uhlic danger, aud threatening the
ton itself. In n,y Judgment, when the life Of
tho Republic is iluperilsd, he mistakes his
duty and obligation US q patriot, who Is not
willing to coucede to the Constitution such
capacity Of adaptation to circumstances IS
may he necessary to meet great emergency,
MI T7&si m fre1t Inv,
preservation is paramount law, which a
nation, as well is an individual, may find it
necessary to invoke.
And this is the opinion to which all
reasonable men, who desire the mainte-
nance Of the Constitution, must accedc to as
if it were their OWL Indeed, we do not
sec how any man, who admits that the war
in any Of its aspects is right, or that it may,
under any policy or any General, be right
fully pursued, can dissent from the broad
and comprehensive rule that the Judge
lays down. We have, in the discussion Of
this matter, had frequent occasion to say
That if the President cannot, by virtue Of
the power reposed in him by the Constitu-
ton, cause the arrest, fair trial and Just
punishment OF traitt.r within our lines,
lie cannot, without talsing the stain OF
murder upon his soul, order his
troops to fire upon the enemy when
they approach, in hostile array, without
our lines. They are only traitors like Val
landigham; and If he cannot, in the act of
treason, or TO put it more mildly, and in
constitutional language, while "giving aid
and comfort to tile enemy" be sent to lis
punishment without trial by the civil
law, it is due to the integrity Of the Consti-
tuition that tile individuals composing the
rebel armies be tried and convicted by the
same law, before the order to fire upon
them is issued. We have had frequent
occasion to say this, but as the point in the
case has never been met by any Of the
s1iclSlers for the impunity Of reasonable
practices, we repeat it not only as suff1-
cient Illustration Of the case in hand, but Of
all other cases Of 4 like character that may
arise as the war progresses.
1t Is mistaken notion 70 suppose, that,
in the exercise Of military authority the
persons welding it are " irresponsible" or
that their proceedings are arbitrary"
The President as Commandcf-in Chief, re-
sponsib1e for the acts Of his subordinates,
is amcnab1c tc Impeachment By Congress;
his interiors arc subject TO removal or other
punishment for their errors or mistakes:
and he knows little Of such matters who
surroscs that any alleged criminal under
arrest for disloyal practices, is punished
without hearing. II i only tho form Of
inquiry that is changed Military, takes
The place Of civil, law but i trial, the cx-
animation Of witnesses, the arguments and
efforts Of counsel, and q jury, are part Of
the machinery by which justice is reached; !;
and in all such cases the right Of appeal to
the President is sacred. The proceedings
are summary, but not arbitrary. Judg.
mcnt sometimes follows quickly upon the
heels Of of1ense, but those who pronounce
1t are not irresponsible.
The country is greatly indebted to Judgt
Leavitt for his timely and necessary opin
ion. It was needed as no Judicial deter
mination has ever been needed before. i
is able; and TO all moderate and conserva
tive men, it will be convincing Treasor
has boasted Of the impunity with which
it might choose its own methods OF mani
festations in the North Relying upon thE
text, but not consulting the spirit, of th'
fundamental law, it has said that it,
stopping short Of actual leEying of wal
was secure; that it could broWbeat til
Government, discourage enlistmcnts, hid
deserters, foster disadcction in the armies
and distrust and alarm among the people
and, in countless ways, give the cncm
more aid and comfort than it could hay
rendered on the tield-that it could do q
these things and go off with nothing br
UNCONSCIOUS iniamy for its pains. Fort
nately for the peace Of the Republic, til
civil law steps aside; and another powe
stecl-clad and llanoried," appears upo
The stage; and before it the excuses an
justifcations found in the musty decision
Of the courts, and in the raticinations
4 few old legal pedants 60 for naugh
Nore lucky still will the country be,
those who control it are not frishtenet
by the clamor Of opponents and the timit
ity and hesitation Of friends, from the pat
that Judge Leayitt marks out. lie is
legal Old Hickory, and his words shoul
not pass for nothing.
THE MISSISSIPPI RAID.
War has its romances as we'll as its he
1ors, and it would be difficult to find Al
Thing more exciting. and adventuror
more bravo, daring. and successful. in Il