Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-05-27

~ this question. considered - one Of the Law
rather tAan OF military caprice. To pla e dis
tncily before our readers the points which II
turns
The charge brought against Mr.. VAllandigham
was rs follows:
sPublicy expressing violation Of General Order No
81 from Headquarters Department Of the Ohio his sym
pshv for those against the Government of tue
United States deelaring disoys snmet ana oplnohs
with the object and purpose Of weakening the power OF
in is Efforts 10 suppress an unlawful re-
beion."
The specification adduced by the Judge Adyo
cate in support OF this charge is in the following
terms:
cid the Of Ohio. about the first day OF
May. 1863. at Mount Vernon. Knox county. Ohio dn
publicly address large meeting Of citizens and did utter
ments in words OF In effect follows ID clarng
the present wicked cruel, and unnecessary war,
a not being wsged for The preservation Of the
Union. war for the purpose Of crushing out liberty
and erecting despotisfn "A for the freedom % the
blacks and the enslassmsn Of the whites stating that
the Adm ni,traion had wished the could have
been honorably terminated nths ago. that peace
might have been hOnorahly obtained by listening 10 the
proposed Interpretation Of France, that propositions by
which the Southern state could % back and the
South their rights under the Constitution bad
been rejected the day before the late battle AZ Freder
iekshurg by Lhc'n and his minons,' meaning thereby
the President 81 the United States and those under him IN
authority Charging that the Government Of the United
States were about to appoiet military Marshall IN every
district restrain the people of their liberties. 10 deprive
them oftheir rights and privileges Chafacerzng Cen
eral Or No X. Headquarters Department o. the Ohio
base usurpaton II arbitrary authority melting ht
hearers resist the by saying the the PEG
pie inform the miofs Of usurped power that they viii
not submit TO sch restrictions upo their berries the
better Declaring that he oil times and upon all
occasions. oved 10 do whai hF could 70 def AZ the at
tempts NV being msdr 20 build up monarchy upon the
rains 81 free Government asserting that h. firmly
believed, he said six months ago that the men IN
power attempting "a estab ish despotsm in this
country more cruel aud more oppre sve Than ever rNe
before Al II wheh opinions and sentiments he wei
knew did aid, comfort and encourage those In artns
Against the Government and eouli but induce in h.
hearers sdsrast of their own Government ad sympathy
for those IN against IT, and disposition 10 resist the
- NJ cars. Captain 18th Infantry
''Jadge Advocate Department % the Ohio
IL will thus he seen that the charge and the
specification. IL entirely sustained by the evil
dence (as 10 which in this inquiry we raise no
question: seek to convict Mr. Vallandigham. a
citizen of Ohio, OF ''giving aid and comfort to
the enemy -
Now. this offense has. by the recent legislation
ot Congress been nude expressly cognizabe by
the courts OF the United States. This will APP
per from the foowing statute. being IAN act TO
suppress instruction. To punish treason and re-
belhon. AMI c,n6scaie the property of rebels. and
tor other purposes approved July H. 1862, and
found in vol 18TH chapter 1913, page 5s9. OF the
Statutes Mt Large, prIutel by order of Con
gre~s We cite the sections relative to this topic.
follows:
shall hereafter incte. foot assist engage any
rebellion or insuu,etion ag"n-t he authority Of the
United Stats or the sws h'reOf shall give aid or
comfort thereto or shall engage IN OF give and com
fort any such exist reoc on ton and he
pr-o ment Tor period not exceeding ten Years. or by
fine exceeding thousand dollars. aud 10y the lib
Grafton of his iases any he have' or by both Of said
! punishments, NJ the discreet Of the court.
''SEC g. indie |tffher cHtc'ed. That every person
guilty Of ther of the oensrs described in his act shall
be forever incapable and disqualified TO hold Office
under tue United states
The tribunal TO take cognizlnce Of such cases
and questions distinctly appears from the con.
Guiding section of this statute. as follows:
src IL And be ftfor1e- enacted That the courts Of
the United States shall have fun power ttute pro
ceedng', make orers and DEGREES. tissue prce.', and
feet"
This is conclusive to the jurisdiction of the
courts of the United States and of them alone
over the oftense alleged to have been committed
by Mr. Nallandieham
But the last Congress did not stop here As il
TO shut the door against any snch proceedings as
those instituted by Gen Burnside, il passed an
act approved March 81. 1868, expressly ''relat
ins TO habeas corpus, and regulating judicial pro
ceeings in certain cases" The sections of this
act relevant to the case of Mr. Vaandis ham
nav be found on page 755 of the volume of the
Statutes at Large as just printed by order of Con
gress. and are rs follows:
BE enacted on the Senate and House ri ReDressp-
ttttre, ~ ne Ii,sd Ndfes er Ane,ica "a Congress
deut r the United States, whichever, H his jud ,ment
the public safety may require it, is authorized suspend
Ua,ea states, or any part thsreof rhe privilege has
not been Suspended in Ohio md whenever and
wherever he sad pnviegc shall be pended afore
said military other officer shall be compc led in
writ of habcas corpus to return the body
Of any person persons detained by him by authority Il
the Presidents but upon the certificate under oath, OF The
officer having charge Of any detained that such
person detained by him a. prisoner under the author
ty of the President farther proceedings under the
of habeas corpus shall be su petded by the Judge
having issued he said writ long sad suSpen
sion by The Pres dent shall force AMI sail rebel
lion continue The privilege # the writ OF htteaS cor
pu not having been suspended in Ohio follows that no
Jge in that State is authorized to Suspend proc eding
Instituted nnder this writ
SEc . Ind he IL ruth acted. That the Secrefa airy
Of and the Secretary Of War be aud they hereby
directed b. practicable. TO furnish 10 the
Judges Of the Circuit and D>trc Courts OF tue United
States and the District of Columbia list OF the
all persons citizens of states in which the admin ira
ton Of the laws has continued unimp'red IN the said Fed
cral courts who now, hereafter he, held as
prisoners of he United states By order OF authority OF
the President Of che United States or either o. sad Secre
fort arsenal OF place. state or po
tcll prisoner or otherwise than prisoner OF war:
list 10 contain all those who reside
in tie respective Jurisdiction said Judges. who may
be deemed by III Secretaries either OF them. TO have
violated any law Of the United State in any Of sad urs
dcton. AMI also the date of each the Secretary
State 10 furnish lit Of such persons Imprisoned
by the ord authority Of the Pres dent acting through
such are Imprisoned by order authority of The
Pre- deut, acting through the Department Of War And
in all where grand jury having attended any
said having jurisdiction The premi-es after
passage Of this act and after the furnishing Of said list
aforesaid has terminated its session without finding
Indictment or pres neni o. other preceding ag INST
such person. shalt be the duty the ia Of aid
court forthwith make order that any such mi
desiring discharge from said Imprisonment lie brough
before him To be ID chsrsed; and officer If the
United States having custody Of such prisoner hereby
directed Immediately 10 obey and execute said JndscS
order: and. IN lac shall delay refuse
hall be subject 10 indictment for mdemcanor and lie
punished by fine Of not less than five hundred dol
and Imprisonment Ia the common TAIL for period
less han month. in the discretion the court: Pro-
rtfed hplcrrer, That person shall be discharged BY
Of the provisions OF this he
sho have taken oat of allegiance to the Government
Of the United States and support the CouSti'u on
thereon AID this h she viii hereafer-fn
give all AID .Infort the present bel
on the poriers the e0f. And ploride,i afso.
That the Judge before whom such person may
DO ighf. before d~ch rinx him her from irnpri~on
mea; shall have power. on examination Of the Gaze and
II the public safety shall require hall b. required
bm her into recogniz with with
sGrry in be fixed 10y said Judge court,
keep the peace and be n god heb tvior towards the
United and citizens. AMI from time time
n such judge dire appear
before said Judge TO be further dealt wiihac
in- to law : the circun may reQurp. And r.
shall be the duty of the District Attorney Of tie United
states Ia attend such examination before tue Jsdye
$50 3 lad Dc % faJ Their eaactef. That IN any
OF such prisoners shall be under Indictment
mcnt for ornSe the laws o the Uni State
and By existing laws bail recognrsnce may BE- taken
appearance for trial # such Fcrson shall be
duty Of said Judge al to discharge such person