The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1863-05-27

be hight Of the 5th Of May, a. bis home IN Day
Oh. OHIO, on The following charge and spec.d-
atous:
CHARGE
Publicly expressing. II violation Of General
orders No IS. flom hesdQua. tiers, Department
II the Chic, as symathles Tor those IN arms
.gsns, the Government Of the United States,
declaring disoysl sentiments and opinions. With
he object aud pui pose OF weakening the power
II the Government, IN its efforts 10 suppress ar
lula ~iul rebellion
SPECIFICATION.
In this, that the sad Clement L. Valliadig-
ham, q citizen OF the State OF Ohio, on Or about
the lst day OF Nav, 1868, al NJ. Vernon, Knox
county. Ohio Did publicly address large meet
ng OF ciuzeus ami utter sentiments IN words OF
in effect a. iolltw declaring the present var
II wicked, cruel. AMI unnecessary war" a
var Not being waged tor the preservation Of the
Union :" "a war Tor crushing Out liberty mi
erecting q despolism; "a var for the freedom
OF the blacks sud the eusiayeueut OF the hites
stating THAT If the Administration had so ~istei
tue war could have been bonoraoly terminated
months ago. that peace might have been
henorably obtained by listening to the proposed
of France" that propositions
ov which the Southern States could be wei
back and the South be guaranteed their rights
suder the Constitution, had been rejected tRe
day before the battle OF Fredericksburg. b,
Lincoln and his m'uiOus,' meaning thereby the
President of the United St4res aud those der
him in authority cha ging that the Government
OF the United States we're ao0-t 10 appoint Inil-
itary marshals u every district TO restrain the
people OF their liberties, TO deprive them Of
tneir rights and privileges. Ch4ractericIzing
GENERAL Oder No. IS, from headquarters De-
partment Of the Ohio, as "a base usurpatlon OF
arbitrary authority" inyiting bis hearers 10 re-
slst the same bs saying: The sooner the peO-
pie iaform The miHions of usurped power that
thev will not submit 10 such restrictions upon
their liberties the better" declaring that he
was at all times and upon ali occasions, resolved
10 DO what he could 10 defeat the attempts nOS
being made 10 bald up monarchy upon the
ruins OF our free Government - asserting that
be firmly believed, as he said six months ago,
that the men IN power are attempting TO estao
lish despOtism in this country, more cruel and
more oppressive than ever existed before -
All OF which opinions and sentiments be vel
knew did aid, comfort, and encourage those M
arms against the Government, and could but in
duce ia his hearers a GisIrust for their own Gov
eminent aud sympathy with those in arm,
against it, and disposition 10 resist the laws q
the Land J. N CUTS,
Captain Eleventh Iuf Judge Advocate
Department OF Ohio.
NJ Valandigham WAS tried before militarv
commission, which convened in Cincinnati OF
the 9th OF May, and the case was continued fol-
Two days Witnesses we're summoned both 70
the prosecution and the defense, and although
the case was necessarily conducted by the Judg,
Advocate, the accused had the privilege Of Coun
sci a. well as witnesses During the trial Mr.
yallandis ham entered the foil wing protest:
Mr.. yALLASDIGHANs PROTEST.
Arrested without due process of Jaw, witbOu
warrant from any Judicial officer. and now il
military custody, l have been served with
charge and specifications a. from a coprt MARTA
or military commission. am not either in tn,
aud nor the naval service OF the United States
and, therefore, not trisble for any cause b,
any such court, but AIN subject, by the exores
terms Of the Constitution. 10 arrest only by dn,
process OF law or warrant Issued by some ofi
Ger OF a court Of competent Jurisdiction for trla
Of citizens. | am subject TO indictment aud tri
al on presentment OF grand jury, and sm enti
tied to 4 speedy trial, to be confronted with wit
FesseS, and to compulsory process for witnesse
in my behalf, aud am entitled to counsel. A
these | demand as nav right as a citizen Of to
Uni ed States, under the Constitution of tn
United States. But the alleged offence itself j
not known TO the Constitution nor to any la,
thereof IL is words spoken to the people Oh
in open public political meeting lawfully an,
peacefully assembled under the Constitution
and upon full notice. Ii is the words Of Cit
zen Of the public policy Of the public servants
The people, oy which policy il was alleged tha
the welfare Of the country was not promoted. |
was an appeal TO the people TO change that poll
cy, not by force, but by the elections and th
ballot box. Ii is not pretended that counselle
disobedience TO the Constitution, or resistance L
law or lawful authority ] have never den
his
have nothing further to submit.
g. L. NALLANDIGHAM
Nav 7, 1868.
In reply, the Judge Advocate remarked. il
addition TO the fact already stated that the accuse
had the privilege OF both counsel aud witnesses
that it did not become the accused to question
the jurisdiction OF the Court 1t wac suficien
that the case had been referred to it.
An application for writ of habcas corpu
was presented to the United States Circui
Court. then in session at Cincinnati, (Judg
LeAvitt presiding requiring Gen. Burnside t
produce in Court the body of Mr. Vallandinq
ham. ThACOurt addressed a notice Of th
motion tdNGen Burnside. and also an inquir
why the motion should not be granted. In r,
ply TO this, Gen. Burnside presented state
ment, Of which we give the following portion.
material 10 the case:
STATEMENT.
We are in a state of civil war One Of th
States Of this Department is at this momen
invaded, and three others have been ihreatentd
command the Department, aud it is nv dur
to my country and to this army to keep it 4
the best possible condition; 10 see that il is fed
clad armed, aud. a far as pOss bic. to 8 e tha
1t Is encouraged. 1t is ny duty and the dut
OF the troops TO avoid saying ANYTHING tina
would weaken the army. by preventing a 81.
gle recruit from joining the ranks. by brinoin
the laws of Congress into di~repute. OF b.
causing d satisfaction IN the ranks. il is equal
~ the duty Of every citizen in the Department
10 avoid the same evil. If it is my duty 1
prevent the Propagation Of this evil in ID
army. or in portion OF my department. it /
equally my duty in all portions OF it; and it
my duty TO use all the force in nv power 4
stop it.
II | were 10 find a man from the enemy
country distributing in my camps spec ches 0
their public men that tended 10 oemorslze th
troops. or to destroy their confidence in :.
constituted authorities OF the Government
would have them tried and hung. if foun,
guilty. and all the rules Of modern Harfar
would sustain nae. Why should such specie
-rfr r1r1h n h. n.