Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1863-05-26
ThA Vallandirham Case

bose Of Gen. Burnside in arrestirg and Furnishing
Vallandiebam, but we cannot be just to our own
convictions Ct the danger, IS a precedent, oil
wat appears 10 US to be violation Of the
rights Of a citizen, in community at peace WIN
in its own borders, without recording our reasons
for dissenting from it, We do not in the
smallest degree impeach Gen. Burnsdes sneer-
ly and hote.ty 10 ordering the arrest; and should
r, oce if il could be legally done, if Valandig'
ham were set at hard work In a penitentlary Ter
the remainder OF his natural life. Neither Of
these facts, however, vary the rights Ct the case,
but leave them still to be determined by our
constitution, the maxims upon which our free in
slilullons rest and the law Of the land.
In recent publication Of the Laws Of War, by
The War Department, for the guidance Of the
army, Is the following
A place, district or county occupied by an enc
my, stands, in consequence OF the occupation, I'M
der the martial law Of the Invading or occupying
| army whether any proclamation declaring mar
lial law, or any public warning 10 the inhabitants
has been issued or not
| Martial law is the immediate or direct effect
and consequence of occupation or conquest Mar
ial Law is simply military authority exercised in
accordance with the laws and usages OF war. Mil
Itary oppression is not martial law. 1t is the
abuse Of the power which thit law conlers.
The proceedings Of Gen. Burnside rest wholly
for lhrr justification upon the fact that martial
law exists in Ohio, not by proclamation, but as a
consequence Of Ohio being in Gen. BuI nsides de-
parment. 1t is quite clear, however, that our
army in OHIO, is in u friendly, and not hostile
country, being there only as b.se of operations
against the rebel. South, and that, as a eonse'
quence, the civil law is not set aside by military
lhw, except as to those in the military service.
Ohio is nellher occupied or conquered by the
Federal army, as an enemy" and martial law
according to the above definition, does not exist
there.
But there |, a still more fatal objection to Gen
Burnside's course in this case. The charge
against Vallandigham was as follows
Publicly expressing, in violation Of General Or
der No. 80, IRON headquarters Department OF The
Otia hs sympathy for those in arms az inst the
Government, Of the United States, declaring dis
loyal sentiments nd opinions, with The object and
purpose oi weakening the power of the govern
men; in its efforts TO suppress an unlawful rebel
on.
This was clearly an offence punishable by The
q dcraI conus which are in the unobstrucled ex
ercise Of their functions in Ohio. The last Con.
gress passed an act in which are the following
sections
SIC 9. And be il further enacied, That il
any 2,rlon shall neretlter lncite, set on foot, as
,s', " engage in any rebellion or instruction
gnost the United States, or the laws thereof
or shall give aid or comfort The eto. or shall en-.
gige IN " g,pe aid and comfort 10 any such crust
ing REBELLION or inSurTeciios, and be coLvlced
thereof such srson snail he punished by i'm.
pTisoumFnt ior period not exceeding ten years
or a fibe not exceed ding ten thousand dollars
and by the llbtratlon OF all his sases, il any he
have, or by both Of said punIsnmenIs, at the dis.
erection Of the court.
SEC. 10. Ind be u further endcied That every
person guilty OF either oil the offences described
N this act, shall be forever incapable and dpquil
fled to hold any office ubder The United States
Sac. IA. lind be il further enacted, rha
the courts Of the United States shall have iul
power 10 institute proceedings, make orders and
deer, es, issue process, and do all other thing
necessary TO carry this act into effect.
Under this act, yaandigh,m might have beer
ares ed by civil process, indicted according t
the forms Of law, tried by a jury, 1--WE, in Vermont
have insisted upon he jury trial where a person
claimed as fugitive is on trial for bis liberty
and ii convicted, punished by imprisonment 70
the period Of ten years. We are clearly Of tn
opinion tina, in every view, whether We con. ide
the theory Of or Government aud the spirit
our institutions, or the lower considerations
policy and expediency, this method was the onI
one which should have been pursued.
We are aware that it is not easy to judge tn
case without allowing ourselves to be influence
by our deles,ation Of Vallandgham, and our d,
sire tha, the pes,ilen, fellow may ia some way
punished for his dislcyaly; and there is dang,
, that we lose sight Of the principle involved, in o,
satisfaction in learning that this vile.mouthe
Northern sympalhizer with treason has met put
shment, which we cannot feel is too severe 4
him. But let US remember that the facts OF todd
u become the presidents of tomorrow, We mi
now feel safe, believing that those in office, Dol
4 civil and military will not abuse the powers th,
y are using, and we may comfort ourselves with Il
!. assurance that none but traitor sympathizers W
be visited with these extraordinary methods
office have less than two years more Of powe
r and we do not yet know who will succeed ther
e The next Presideu, may be a pro-slayery Dem
, crat who will be Of the opinion that words 81
ken against slavery are treason TO the Union a,
with the immense military power at bis comman
: who can give us assurance that he will not ere
: Vermont intoa military district, and try, by druI
y lead court-marlial, all who express their detesl
a ,oa OF the peculiar institution. ", may be Il
j, cilisons then who may wish to be protected in fl
speech, and let US not, il ii can be avoided, aid
establishing presidents which can be bye and.b
'rlumphontly quoted against us. Mos, Of all,
not those who Tough, the battles Of the right
petition under John Quincy Adams, or those WI
later fcugb' the battles Of free speech under Jol
: {. Fremont now turn their backs upon their O
" principles aud arguments 1t is by no means it
, pr blble that we may nave occasion to use the
q hereafter, and we should be careful how we for