Mineral Point weekly tribune. (Mineral Point, Wis.) 1859-1868, 1863-05-27

tue ITestQout dS OBSERVATION-DISCLOSURES
and which be justifes rs a military
necessity. 1t lie, perhaps, not easy to de-
hne what acts are properly witain this
designation, but they must undoubtedly
be limited to such as are deemed essential
TO the protection and preservation of the
Government and the Constitution, which
the President has sworn TO support and
defend And in deciding what he may
rightfully do under this power, where
there is no express legislative declaration,
the President is guided solely by his own
Judgment and discretion, and is only
amenable for an abuse of his authority by
impeachment, prosecuted according to the
requirement of the Constitution. The
occasion which calls for the exercise of
of the case; and when the necessity ex-
lists. there is clear Justification of the
act.
Ii this view of the power of the Presi.
dent Is correct, 1t undoubtedly implies the
right to arrest persons, who, py their mis-
chievous acts OF disloyalty, impede or
endanger the military operations OF the
Government. And. if the necessity ex-
lists, | see no reason why the power does
not attach 10 the officer or General in
command of a military department.
ORDER NO. 3S.
1t was well known that the widelv-ex.
tended Department, with the military su-
pervision of which be was charged, was
one CT great Importance, and demanded
great vigilance and ability in the admins
tration OF its military concerns. Ken
lucky was q border State, In which there
was large element of disaff5ction toward
the National Government, and sym pathy
with those in rebellion against it. For
midable inyasions have been attempted,
and are now threatened. Four OF the
States have river border, and are in per-
petual danger of invasion. In Ohio, In
diana and Illinois, class of mischievous
politicians had succeeded in poisoning the
minds of a portion OF the community with
the rankest feelings of disloyalty. Artful
politicians, Disgusting their latent treason
under hollow pretensions Of devotion 10
the Union, were striving to disseminate
their pestilent hereses among the masses
of the people. The evil was one of alarm
ing magnitude, and threatened seriously
to impede the military operations of the
government, and greatly to protract the
suppression OF the rebellion General
Burnside was not slow 10 perceive the
dangerous consequences OF these disloyal
efforts, and resolved, If possible, to sup
press them. In the exercise OF this dis
cretion, he Issued the order-No. IS
which has been brought to the notice of
the Court. | shall not comment on that
order, or say anything more in yindca.
ton of its expediency. | refer to it only
because General Burnside, in his manly
and patriotic communication TO the Court,
has stated fully his motives and reasons
for issuing it, and also that it was for les
supposed violation that he ordered the ar
rest CT Mr.. Vallandigham. He has done
this under his responsibility as the Com
handing General of this Department, and
in accordance with what he supposed to
be the power vested In him by the ap-
pointment OF the President. IL was vir-
tually the act of the Executive Depart
ment under the power vested in the Pres
ident by the Constitution and | am una
BILE to perceive on what principle this iu-
dicial tribunal can be invoked to annul or
reverse II.
THE DIsLoYAL ELEMENT IN THE NORTH.
And here, without subiecting myself to
the charge of trenching upou the domain
of political discussion, | may be INDUCED
IN the remark that there is too much OF
the pestilential leaven of disloyaty in the
community. There is a class of men in
the loyal States who seem to have no lust
appreciation of the deep crimiualty of
those who are III arms avowedly- for the
overthrow of The Government, and the
establishment OF a Southern Confederacy.
They have not, l fear, risen to any right
estimate OF their duties and obligations,
as American citizens to a Government
which has strewn its blessings with a pro-
fuse hand. | may venture the assertion
that the page OF history will be searched
In vain for an example of rebellion so
wholly destitute of excuse or vindication,
and SO dark with crime, as that which our
bleeding country Is now called upon 10
confront, and for the suppression of which
all her energies are demanded. lis cause
is to be found ID the unhallowed ambition
of political aspirants and agitators. who
boldly aVow their aim, not the establish.
ment of Government for the better Sc.
curity of human rights, but one in which
all political power is tC be concentrated in
aD odicus and despotic oligarchy. 1t is
indeed consolatory to know that in most
sections of the North, those who sympa-
Jhize with the rebellion, are not so numer-
Gus and formidable as the apprehensions
of some would seem to Indicate II NAV
be assumed that in most of the Northern
States, reliable and answering PATRIOTISM
is the rule, and dlsl0yalty and treason the
exception. But there should be no di-
vision of sentiment upon this momentous
question. Men should know, and Law the
truth to their hearts, thas there is course
of conduct not involving avert treason.
and not, therefore, subject to punishment
as such, which nevertheless implies moral
guilt and gross otfcnse against their
country. Those who live under the pro
lection and enjoy the blessings of our be.
nlgnant Government, must learn that they
cannot stab its vitals with impuniry. If
they cherish hatred and hostility TO it.
and desire its subversion, let them with
draw from its jurisdiction, and seek the
fellowship and protection of those with
whom they are in sympathy If they re-
main Nth Us, while they are not of us.
they must be subject to such a course of
dealing As the great law of self preserva-
ton prescribes and will enforce. And let
them not complain, if the stringent doc.
trine of military necessity should find
them tn he the legitimate subiecf ,.f ito