The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1863-05-27
ssRGs2sxsilEe and VAllandig.
lanl.ss


ssRass'sasitEe and vnI7andig-
ham.sss9 s51,h
The New York Eosning, Posi-, well
known Republican and Administration
fpaper, has in its issue of May IA, lead
ing editorial with the aboveeaption. Hav-
ing published another page General
Burnside,s Statement" made to the Uni
ted .:tates Circuit Court in answer to the
application of Hon, G.. +, .Yallandigham
for writ Of habeas corpus, the Post says
Feditorially Of the Generals response:
| Itis SO patriotic in spirit, SO decided in
II s expressions of loyalty, and SO nobly
boi6 in taking the responsibility, that we
almost dislike to question its propriety
Yet, we think dangerous fallacies run
through it which ought to be exposed.
General Burnside will himself be among
the FIRST to rectify his positions as soon as
tits made manifest to him that they are
wrong. ~ . eE7a 9as asti
| He assumes that because he and his
soldiers may not indulge in wholesale
criticisms of the policy of the gov
ernment," because it would be an Of
fense in him and his officers to under
mine the confdence Of the men in the
perfect wisdom and integrity of the Ad-
ministration; therefore, no citizen has a
fright to utter such criticisms But he
forgets that persons Sin the military and
naval service of the United States are
subjcct to military law, while the ordi-
mary citizen is subject exclusively to
icivil law. Military law is part of the
law of the land as much as the civil
law; but it is applicable only to par
ticular ciaes, and administered only by
special tribunals. Soldiers in service,
cadets at West Point, servants Of Off
GERS and citizens within the actual lines
of the army, MAY be guilty Of offenses
tcrcated by that law and tried by its
courts, but We doubt whether it can be
extended to others In any case. Dir.
Vallandigham does not belong to either
of these categories M 9,t S
Neither does it seem to US that mar
tial Law, as it is called by the English
and American writer's, aud the s.state
Of Siege, by the French different
thing from military iaw-has been pro-
claimed to exist IN the Department Of
the Ohio. Or, even if it has been pro-
claimed, we doubt whether any author
ity under it can be exercised against
persons who are not Immediately within
the scope Of active military operations.
It is at least an arbitrary application of
military goyernment-the government Of
mere force-which substitutes the will Of
the commanding general for. the common
or municipal law, and which ought MOTTO
be resorted to exccptin cases of absolute
necessity. When domestic turbulence
and riot prevent the exercise of the ordi
nary jurisdictions, when the presence of
the contending armies drives out the In
habitants, when the behcsts of law are
set at nausht by an entire district, there
is occasion. for the strong hand of mill
tary power. But in other social condi-
tions, the appeal to it is unnecessary, and
in all probability hurtful.
VallandiSham's otfenses, moreover,
have been as yet confined to the use Of
foolish words. He calls Mr.. Lincoln
bad names; he denounces the Republican
party; be abuses Bnrnsids's new military
ORDERS; and his example and his instruc-
tions are exceedingly pernicious. But,
alas, we cannot, in the spirit of Anachar-
sis Klot's demand, hang. all the dastards
and scoundrels at discretion. Vallandig-
ham has not, that we hear, committed
any overtactof treason; he has not re-
sisted the LAWS, though he has perhaps
eounselled resistance; and until he does,
his silly babbling, like Brooks and Woods
must be allowed to pass for what it is
worth. Itis not likely to pursuade more
than a few ignorant or malignant men to
do wrong Besides, no governments and
no authorities are to be held as sabeve
criticism or even denunciation. We know
of no other way Of correcting their faults
--spnrring on their sluggishness, or re-
straining their rtyrannies-than by open
and bold discussion. How can popular
most of all, know the pop
plar will, and guide its course in the in
tcrests Of tho community, sunlesa it be
told from time to time what the popular
convictions and wishes are Despotisms.
like that of Louis Napoleon or the Gar
Of Russia, have no need of the, inspira-
ton and control from the people, and look
to those of single man or a family, which
can very well manage its own affairs
But a republic lives alone in its senti-
ments of the whole nation. ,.i. ~
Abuses, and Licenses of course adhere
to this sunlimited freedom of public criti-
lcism; bnt these are apparently insepara-.
bic from tho use, we shouldscarcely have
the iuse. lteis q question, too, who is
to draw. the line .betwecn the use and the