East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1863-05-19
Arbitrary Measures vs.. the Civil
Law.

If martial lazy prevailed ~ Ohio, the
proceedings Of Gen. Burnside With re'
ference 10 Mr.. Vallandigham woaldnots
be in violation of il, rfor that law has no
limit save the will of the Commanding
General and the usages Of civilized war,
fare; and while il cannot be success!ul-'
ly denied that there is no power 10y the
constitution or by military law tn de.
clare martial law in peaceful Statey
outside of actual military operations,1
and where the civil law is perfectly un.
obstructed, yet IL is barely possible that
the shadow of an argument might bsi
made in support of the declaration of
such law in Ohio, on the ground that,
she borders on State whereia military.
force is necessarily maintained AT any
rate, had Gen Burnside declared mar.
tia law on that ground, however poor
might be any argument IN justlhcation'
of it, the civil law, to the extent that he
should have commanded, would, hayo
been suspended by the act, and Mr..
Vallaniigham and every other ctizen
would have known how to govern him.
self accordingly. In that event, his Or.
der No 38 wouki have been law, and
undoubtedly every citizen would have
governed himself accordipSl ,.s-.s'.l !
We can understand extraordinary
and arbitrary measures when there arises
an overwhelming necessity for them.----
We can understand the contempt of
court and the imprisonment of Judge
Hall by Gen. Jackson at. New Orleans.
There have been assumptions of power
during this war that We capanjerstand
and that can be justified on the score of
overwhelming necessity. But we, can,
not unierstai why, if Mr.Vallamligham
il believed to be guilty of any offence,
his case cannot be given into The hands
of the Judiciary. There can certainly
be no objection To that course of action
On the score of the Judge who would
try him, foi be is an appolpre. Of Presi.
dent I.incoln, and, We are cenyince.i, an
able and upright InagiStrate. It. Is nor
alleged that Mr.. Vallaniigham is con,
cerncd in any conspiracy against the
government making his ininedate IN,
carceratlon necessary to the public
safety, or, if it be so alleged, treason
if tina. be the charge aga'n hin,-is
not bailabe otfense by the courts -
1t cannot be doubted that bis arrest and
trial have produced alarm, if not exas-
peration, in the minds of large part of
the people allover the country, and tliat
this alarm and evaporation could DO
allayed by the stoppage of military pro.
cecdings against him and the handing
him over to the judiciary for its disp5.
stion..
IT. then, he shall not be handed ovor
to the judiciary, what shall we, w!lat
can We think, as to tho designs of the
administration in their substitution Of
arbitrary measures for, the civil law in
those States where the civil law is in as
free course of operation as it ever has
been since the government began, an
where the people are now, more than
ever, If possible, resolved to sustain the
civil law?
If the administration have indeed no
unworthy designs they do believe
that these harsh aud arbitrary measures
are necessary for any COOL purpose
whatever--never have men been moro
lanenlably deceived, and never has It
been more tho duty Of men to know the
truth, retrace their steps, AMI them.
selves couforln To that law for the vio-
lation Of which the South has brought
so much suffering and woe upon IIyr.
self - Chicago Times aaiI So