The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1863-08-12

Won from n llM DOOk--tEOn llA.' Inter
rational law,
ov-t,,, ,,,,,rv e,.o, i ,,,,s, ,,,, g., r,,o, -,
vasion or suppress rebellion. II /, not placSd un
der the direction of the judiciary, but under that
of the Executive. Suppose the military force,
.fgail! anu eenS!untl9naIN TauEN mo service i9r
M ~" r M S'CU'' rs,;, ,i y, ] !"
field or garden, or DESTROY trees. or houses belong
ing to some private person, can a court, by injunc-
ton, restrain them from committing such waste
1t eau 90 SO IN time OF peace; ana II ,s powers are
W. Er "a w.;I , " ,,,S ' & any srI 'r
The taking or DESTROYING of private propcrty In
such cases is a military act au act Of war, and
must be governed 10y the laws OF war It 'snot
PROVIDED lor ol 'ne .aNS ~ penV'. y. su' sa'u'
hsr Es'r .Nri nv IN r nr "ya "rr bsi cr w6NH
nny botl, at all is virtually prisop,r Of ,rar No
matter what his alleged od,nse, whether he is
rebel, traitor spy, or an enemy in arms, he is 10
oS hSa ana punished S "GsSr1nE % tne , @ tn' ., ~"
m"orn U navy wv" S"'S'''"'>" W. WV "
". ,.,. c;,,,. ,,,., ,.,,, ,,,, ,.,,,
~! ''',"'is , ~ ,'I? 'IGG w." ""
NJ; ''ie "a" ''u,t "a" u'"n T','',' 10
stato, Ji,|;utI,. u,at ~ '''0 ov"' =; 49,
rested bv military authority whether he
be rebel traitor n spy, or an en-
emy IN arms, he IS 10 he held and pun
,sIe" =! .n' AVE @ VI To' % I''V ny 'ne .lLou-
tion of Mis- rnlo tbc cverntivn or % n,i,ita,,,
branch of the Government has. in some
cases, exercised its authority whore we
ueem IL unnecessary ana ,hpontc. burlhg
t;on' Inn, JnJgo iion cndeoyorcJ to oiJ tbo
British in 1918 General jackson nromptly
suppressed him. Nallandigham was act
lVely aiding the pnOhc enemies he inter,
tered with mlltary authority ana Hehera'
burnside arrested nm ana expelled nm pc
yohu our INES boln aCts nave pcou uS
nounced as tyrannIcal ana lnlpoiltc. Both
would be denounced by the civil laws IN
time OF pcace-both are Justified ny the
laws OF war in time OF war. 1t IN time oi
war the acts OF the citizen plainly aid tho
pubic enemy, or ohstruct any OF the nee
eSsary operations OF the general, he must
suppress them. The danger must be I'M
mediate, palpablc and pressing, and the acts
complained of amount to an obstruction of
military authority. So General Burnside
regarded the acts and speeches Of Mr.. Val
landigham, and for these he was tried by
the only tribunal known to military law
rThe sneaker here referred TO the fact
lat conor,l Rurns;do v.,,, ,L,,.,.od b,, thn
rG,.
'tsl"eu' WIN "'o "elonSo VI oh'o' No"-
lucky and Indiana; that armed enemies
were making forays within his military
district. to tho issuiDo of Order No. 3S
~;,.;.l. n,,;,, t,,t ,II ,,,.,a,. ,,,;th;n o,,,
5N'no i''''o ''''. "'' PI''o''9 "'''''' 0"t
lines "who commit acts Tor the benefit OF
the enemies of our country, will be tried
as spies and traitors:" and to the open
xiolat;on IF This ordar Inv Vall,nd;oham
,,,.,n.,,
Nov. what was thn dutv Of Go, Rrrn.
,;io m,,dn. tlasa o;norn,,tsroa, cLn,,i1
Lo allow, tLis mn, ~ oscann aud iol,n sn,,n
moor dpue who throurb irnorance and the
ir,lnonc6 Of his leader wouiI rrohohlv 90 he.
ynnJ the terms Of ofciyilI,w9 ShonId he nlIow
ihis man 50 JoterminoI in his erhan,n, Of
trrosnn 70 subycrt his law and Stir nm SO.
dition and strife among ourselves? I'No :
no"1 There was no doubt of This mans
Guilt. He believed these acts ph.iuly ob-
structcd his measures of defense. He con-
sidored them far more Injurious than The
open acts of murder and robbery committed
by the rebcls--far worse than the dcser-
tion of A soldicr-meaner than the act of n
spy. TChcersl Should he be turned over
to the civil courts to be tried some time in
the future for treason, and in the meantime
free TO say and mine the authority of the
Government? What do the rebels do with
loyal ncoplc under like circumstances ?
They Hang them to the nearest tree. What
would they do to Governor Andrew John
son-that loyal man, that honest patriot
if he should speak for the Union to his
neighbors in East Tennessee. We know
hv the fate of thousands of brave men.
. And vet this convicted traitor of ours, by
tbe humanity of our Government. is sim.
ply placed in safety bevoud our lines!
TIVE powcp or TINE crrIr corprs
Rut # Is s,iJ his oftrrsa was committed
in a region where the courts are open. and
the ordinary course of the civil law is un-
, disturbed. There are many oiiepses that
nav be runished bv military authority.
, even in the midst Of the most peaceful com
munitics. The breach of discipline of a
: camp. the act of a spy. tho desertion Of a
soldier. an ATTEMPTED riot or mutiny. and
many similar oiienscs. are properly pun
ishoI by military authority, even i'm the
presence Of a civil court. The boundary
between these classes Of oiIenscs is NOT and
! cannot he accurately defined ror is ther,
. ,nv dancer 70 our liberties from this mill
, tarv power. The accused nav apply 70 a
conrt Of compctcnt iurisdiction for thc
bencft Of thc writ Of fLobe1s corn,,e The
iujye must then dnternine whether the
e writ has boon le,allv susuordnd and
1 whether the oiI,nso is military or civil
, ono This was dnna in tbo coec of Mr. Val.
Iandiobam. Jrdge Ioavitt Of tho United
states Court after n fnll hearing decided
| that tbe accusation was one under the inris.
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