The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1863-05-22
Tho Vallandigham Case.

habeas corpus. The argument is not strong
one, and what force it has, is drawn from the
expediency, and not the legality of the refusal Of
the writ z5alS agiiGJ eli ri 13qB8F'f
We have no desire to .nake any further argu-
mept against the legality of such proceedings as
those of Gen. Burnside in arrestipg and Furnishing
Vallandigham, but we cannot be just to our own
convictions Of the danger, as aaprcedent, of
what appears to us to be a violation of the
rights of a citizen, in community at peace with
in its own borders, without recording our reasons
for dissenting from it. We do not in the
smallest degree impeach Gen. Burnside's sinceri-
ty and honesty in ordering the arrest; and should
rejoice, if it could be legally done, if Vallandig-
han, we're set at hard work ia penitentiary for
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-
stitutions 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: O.. tl.y56. .a.5g..., .as
A place, district or county occupied by an enc
my, stands, in consequence of the occupation, I'M
der the martial law ofthe invading or occupying
army, whether any proclamation declaring mar
tial law, or any public warning to the inhabitants
has been issued or not. aoa3u4 sdi af lyH.iF ad|
Martial law is the immediate or direct effect
and consequence OF occupation or conquest. Mar
tal law is simply military authority exercised in
accordance with the laws and usages Of war. Mil
itary oppression is not martial Jaw. 1t is the
abuse of the power which that law confers, ,Iaags
The proceedings Of Gen. Burnside rest wholly
for ,thtir justification upon the fact that martial
law exists in Ohio, not by proclamation, but as
consequence Of Ohio being in Gen. Burnside's de-.
partment. 1t is quite clear, however,, that our
army in Ohio, is in a friendly, and not hostile
country, being there only as a base of operations
agains, the rebels South, and that as a conse
ouence, the civil law is not set aside by military
law, except as to those in the military service.
Ohio is neither occupied or conquered by the
Federal army, as San enemy" and martial law
according to the above definition, does not exist
there.
But there is still more fatal objection to Gen.
Burnsiaes course in this case. The charge
against Vallandgham was as follows
Publicly expressing, in violation of General Or
der No. 49, from headquarters Department of the
Ohio, his sympathy for those in arms against the
Government of the United States, declaring dis.
loyas sentiments and opinions, with the object and
purpose Of weakening the power of the govern.
ment In its efforts to suppress an unlawful rebel
hon.
This was clearly an offence punishable by the
Federal courts which are in the unobstructed ex-
ercise of their functions in Ohio. The last Con-
gress passed an act in which are the following
sections
SEC. Q. And be il further enacted, That if
sny .srson ehall hereafter incte, set on foot, as
s;st. or engage in any rebellion or instruction
against the United States, or the laws thereof
or shuA gire aid or comfcrt The clio, or shall en-
gage in or giUe aid and comfort TO any such crust
ina rebellion or instruction, and be convicted
thereof, such person shall be punished by I'M
prisonment for period not exceeding ten years
or nv fine not exceeding ten thousand dollars
and by the liberation OF all bis slaves, If any he
have. or by both of said punishments, at the dis
erection of the court.
SEC. 10. And be 1t further enacted, That every
person guilty of either of the offences described
N this act, shall be forever incapable and disqual-
fled to hold any office under the United States.
SEC. IA. .4ad be ii further enacted, That
the courts of the United States shall have full
power to institute proceedings, make orders aud
DEGREES, issue process, and do all other thing
necessary to carry this act into effect.
Under this act, Vallandigham might have been
..I T.. i'll uooass ;rd;eted accordino tn