The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-06-13
The Presidents Revocation OF
Gen. Burnside's Order.

10 MY FELLOW tITIZRNS:-During the
excitement growing out of the Order of
Gen. Burnside, suppressing tie Chicago
Times, was urged to ask the President to
revoke the order. refused to do this, be-
cause not having read that paper for seve-
raj weeks previously | did not know how
far the paper had gone, nor precisely upon
what grounds the order had been issued
I did, however, request the President to
give his careful consideration to petition,
asking that the Order be rescinded or sus-
pended. 1t was not in my power then to
to express any intelligent opinion as to
whether the order should or should not be
abrogated, and / never have expressed any
opinion to the President on that point, one
way or the other. But that which l asked
the President to do, l have endeavered to
do myself. have given it a careful con-
sion that the President did right in revo-
king the Order, and as in this opinion /
differ from some of my friends, l desire to
express the reasons why I approve of this
act of the President.
Ifyou will pause and reflect a little, 1
think I can satisfy you that you have been
doing the President and others great in
justice. 1t was Burke, think, who said
that the shield against calumny was char
acter. sympathize with you in your nat
ural indig nation at the existence of a pa
per among us of the character of the Times.
Your condemnation of me regret, but L
appeal to your sober second thought. Strike
if you please, but hear me first. Is there a
man in Chicago who would have had more
personal reason to rejoice to the suppress
sion of the Times than I? If 50, I know not
who he is. No other man received from it
so much personal abuse, and that of the
most bitter and malignant character. |
believe it's tendencies are dangerous to our
country's cause; yet believing that it has
a constitutional right to abuse me and the
Government, subject to punishment by
the laws Of the land, I think the President
did right in revoking the order for its mil
itary suppression. Had I listened to per-
sonal resentment or Indignation, | should
certainly have urged the President not to
interfere with Burnsides order. Even
those who differ with me will perhaps give
me credit for honesty of purpose. I feel
entirely confident that when the passion
and excitement of the day have passed,
you will approve of my conduct as hearth
ly as some of you now condemn it.
Why do / approve the order of the Pres
iden? Because, in my judgment, the Or
der of Gen. Burnside was unwarranted by
the law and the Constitution Ifthat order
had been sustained by the President, it
would have made an issue before the peo-
pie, upon which the friends of the Admin
istration, not being in the right, could not
have succeeded. The sagacity and good
sense of the President have saved you from
political disaster.
My friends. we have common purpose
to crush this hellish rebellion; but is it
not possible that you are wrong in the
means, when one of them is the suppress
sion of freedom of the press by military
power? When you see the President, the
Judges of the United States Courts, men,
all of them, your own party-nlen whose
patriotism, loyalty and integrity no man
will questiOn-when you see them all, al
though hating the Times as they hate trea-
son itself, yet all declaring that this militia
ry arrest is wrong, is it not possible that
you are in error, and that these thought
full, true men, acting under their RESPONSE
bilities to the Constitution and their oaths
is it not just possible that they may be
right, after all?
l do not propose to argue the constitu-
tional question. 1t is too clear for argu-
ment. No intelligent man can deny that
such an Order violates the Constitution.
Intelligent and candid men, who justify
the Order, defend it, not as constitutional
but as necessity, resulting from the dan
gerous condition of the country.
1t is simply an exercise of power in di-
rect conflict with every guarantee of Con-
stitution and Of the Magma Charta. To
those who excuse or justify this Order on
the ground of necessity to save the life of
the nation, let me beg their attention a mo-
ment, while I attempt to show that no such
necessity exists, and that inadequate rem
edy exists, without resorting to so danger
OBS a precedent. The American people
are not ready to acknowledge our Consti-
tuition failure, nor are they ready to see a
difficulty in Furnishing treason, and sup
pressing sedition, without overturning the
Constitution. Where war or instruction
exists, IN fact, any General in command
may arrest and punish dangerous charac-
ters, and suppress summarily reasonable
and seditious publications. This was done
by Gen. jackson at New Orleans, and de-
fended on the ground of necessity, by
Judge Douglas.
All violations of military orders, which a
military commander, under the articles of
war or the laws of the land, has the right to
make, the military power can punish
For instance, if any person aids deserter
to escape, or resists his arrest, or creates by
word or act, mutiny or INSTRUMENTATION in
the camp, for all such, and like offences,
the offender may be summarily arrested
and punished by military power.
For resisting the draft, and all offences
connected with the raising of troops the
provisions of the law are ample. If the
Chicago Times encourages desertion, advis-
es resistance to the arrest of deserter OF
resistance to the draft, it becomes liable tC
Va II ~ IL
any way gives aid and encouragement tt
the rebels-as in my judgment it often has
under the provisions of the law it may
| be indicted, tried and punished.
But, may be asked, what shall be don,
| where as in the Border States, the civil
| law is paralyzed, when sympathy with the
rebels is active, jealous and dangerouss
answer, for such sections of the country, a.
in Missouri, Tennessee, and portions o
other States-yOu must have martial law
Is Chicago and Illinois in that condition
If so, then I am for martial law. That, my
fellow citizens, is the remedy. If traitors
are conspiring in our midst, to overthrow
the Government, and preparing to inaugu
rate civil war, in our midst, and the danger
is imminent, let tho writ of 10 beas corp,sI
be suspended and martial law proclaimed
.. If instruction, rebellion, and civil wal
are being concocted and prepared in Hi
. nois, and if the public safety requires it
the President has the power, and he ough
to exercise it, of suspending the writ of ho
! beas corpus, and proolaiming martial law