The daily Evansville journal. (Evansville, Ind.) 1862-1863, 1863-08-05

peace. They are entirely consistent
with, yet Independent of, each other
Each has its officer, its tribunals and its
forms of trial. The civil laws prescribe
civil offenses and the mode of punish.
ment but these laws do not apply to
military offenses committed in the time
of war, nor is it possible to define the
latter class of offenses with the precision
of civil laws and tribunals. The general
rule may be stated, that any obstruction
to the military force in time of war.
within the lines of military operations, is
an otfense to be overcome and punished
by military force or military tribunals. as
according to the usages of modern war.
fare. In the execution of this rule in
time of war, military authority and mill
tary tribunals are not substituted in the
place of civil laws and courts.
This is the LAW which all good citizens
and courts are bound to recognize during
war. Now, that may not state a wrong
legal interposition, will venture to read
1fiteffinatf6oiTaaf IL tern tti6ia Law. an li e. rrh''
when military force is called out
to repel invasion or suppress rebellion,
it is not placed under the direction of
the Judiciary, but under that of the Ex-
ecutive. Suppose the military force, le-
gally and constitutionally called into
service for the purposes indicated should
find 1t necessary, in the course of its
military operations, to occupy field or
garden, or destroy trees, or houses be-
longing to some private person, can a
court, by injunction, restrain them from
committing such waste? It can do
so in time of peace and if it's powers are
to continue in time of war, the judiciary
and not the executive will command the
army and navy. The taking or destroy
ing private property in such cases is
military act, an act of war, it is not pro
vided for by the laws of peace In the
same way, person taken and held by
the military forces, whether before, or
in, or after battle, or without any bat
tie at all, is virtually prisoner of sodr.
No matter what his alleged ofense,
whether he is rebel traitor, spy or
an enemy in arms, he is to be held and
punished according to the lars of acar,
for these have been substituted for the
laws of peace"
Now, my friends, have thus read you
the law from law book which is recog-
nized as authority in all the courts 1t
states distinctly that if person is arrest
ed, whether he be rebel, traitor, a
spy or an enemy in arms, he is to be held
and punished by the laws of war and by
the tribunals of war. 1t may be that in
the execution of this fule the executive
or military branch of the Government
has exercised its authority where we
deem it unnecessary and impolitic.-
During war much must be left to the
military discretion. Judge Hall endeav-
ored to aid the British in 1915. General
Jackson promptly suppressed him. Val
| iTc enemIes; he Interfered with military
authority, and General Burnside arrested
him and expelled him beyond our lines.
Both acts were denounced as tyrannical
and impolitic Both would be denounced
| by the civil laws in time of peace-both
are justified by the laws of war in time
of war If in time of war the acts of the
citizen plainly aid the public enemy, OIL
obstruct any of the necessary operations
ofthe general, he must suppress them
The danger must be immediate, palpabl'
and pressing, and the acts complained
of amount to an obstruction of militar,
authority. So General Burnside regard
ed the acts and speeches of Mr. Fallan
digham, and for these he was tried by tn
only tribunal known to military law. lie
us look at the facts.
PROCEEDINGS OF MILITARY AND CIvI
COURTS.
Gen. Burnside was charged by tn
: President with the defense of Ohio, KeT
, lucky and Indiana. Armed enemie
were making forays within his militar
, district, killing, robbing and plunderin
t our citizens. He had to depend upo
| his soldiers and such citizens as coul
: be induced to enlist to repel and ovel
: come these enemies. But for his arm
f guerrillas under John Morgan and othe
5 rebel chiefs could have overrun the whol
e of the States of Kentucky, Indiana an
t Ohio, spreading everywhere the horror
+ and desolations of war. When Vallal
: digham was arrested there were ope
f and secret organizations within tn
# State to induce our soldiers to desert, t
d protect them from arrest and to prevel
g enlistments This was known to Gel
z, Burnside, and to every other citize
J. Vallandigham was actively engaged e.
d citing hostility to the Government, to Il
l. war, and to all constituted authorize
H465ds FaHf646dsiy eppFFo,Rs8tf ted ia 08paPosiHg Eve
e. measure of national defense. The tr'
l. instincts of the rebels and of all at hon
IS who were organized to resist the la
IS pointed him out to them as their frlei
Is and associate. The sure instincts
s. every loyal soldier in our army point
m him out as their enemy Applause
ht Cunning, malignant, and yet Govern
IL his operations with the forms of law,
ny was doing all that one man could to
ID the rebels in their attempt to overthr'
,e, the Government. [Applause.
,e. On the 18th of April last, Gen. Bu1
he side issued General Order No, SO, M
of fying that all persons within our llr
of 4 who commit acts for the benefit of
,ur enemies of our country will be tried
ms spies and traitors" After specify
nd different military offenses that would
nat punished, he says: The habit of
de- claring sympathy for the enemy will
his be allowed in this Department. Pers
to committing sach offenses will be at o
the arrested with q view of being tried
above stated, or sent beyond our Ii