The Hancock Jeffersonian. [volume] (Findlay, Ohio) 1857-1870, 1863-05-29


as that which our bleeding country is
now called upon to confront, and for
the suppression Of which all her ener-
lgies are demanded. Its causesis to be
found in the unhallowed ambition Of
political aspirants and ngitators, who
boldly avow their aim, not the estab-
lishment of a Government for the bet
ter security of human rights, but one
in which all political power is to be
concentrated in an odious and des.
Ipotic oligarchy. 1t is indeed consol-
latory to know that in most sections
of the North, those who sympathize
with the rebellion, are not 80 numer-
Gus and formidable, rs the apprehen-
sions of some would seem to Indicate
1t may be assumed, trust, that in
most of the Northern States, reliable
and answering patriotism is the rule,
and disloyalty and treason the except
ion. But there should be no division
of sentiment upon this momentous
question. Men should know, and lay
the truth to their heart, that there is
a course of condnct not involving
overt treason, and not therefore sub
ject to punishment as such, which
nevertheless implies moral guilt and
q gross otlense against their country.
Those who live under the protection
and enjoy the blessings of our benig.
nant Government, must learn that they
cannot stab its vitals with impunity.
If they cherish hatred and hostility
to it, and desire its subversion, let
them withdraw from its jurisdiction,
and seek the fellowship and protect
ion of those with whom they are in
sympathy. If they remain with us,
while they are not of us, they must
be subject to such course of dealing
us the great law of self-preservation
prcscribes and will enforce. And let
them not complain, if the stringent
doctrine of military necessity should
find them to be the legitimate subject
of its action. i have no fears that
the recognition of this doctrine will
lead to'an arbitrary invasion of the
personal security, or personal liberty
of the citizen. 1t is rare indeed that
n charge of disloyalty will be made
upon insufficient grounds. But if
there should be an occasional mistake,
such an occurrence is not to be put in
competition with the preservation of
the life of the nation. And confess,
l am but little moved by the eloquent
appeals of those who, while they in
dignantly denounce, violations of per-
sonal liberty, look with no horror up
on despotism as unmitigated rs the
world has ever witnessed.
But cannot pursue this subject fur
ther. am aware there are points
made by the learned counsel repre-
senting Mr.. Vallandigham, to which I
have not adverted. ] have had nei-
ther time nor strength for a more
elaborate consideration of the ques-
tions involved in this application
For the reasons which | have not at
tempted to set forth, I am led clearly
to the conclusion that / can not judic-
tally pronounce the order of General
En- inside for the arrest of Mr.. Vallan
digham as nullity, and must, there
fore, hold that no sufficient ground
has been cxhiBNed for granting the
writ applied for. And l may proper
ly add here, that am fortified in my
conclusion by the fact just brought to
my notice, that the Legislature of
Ohio, at its late session, has passed
two statutes, in which the validity
and legality of arrests in this State
under military authority are distinctly
sanctioned. This is clear indica-
tion Of the opinion Of that body that
the rights and liberties of the people
.. q not put in jeopardy by the eXer-
cise ,1f the power in question, and is,
noroor. y, n concession that the pres
ont state m the country requires and
iustilics its exc. else. 1t is clear in
timation that the people OF our p"trl-
otic State will sanction. such u con
struction of the Constitute as WIN,
out clear violation OF its letC>"r' VIII
adapt it to the existing emergency'
There is one other consideration t.
which may, perhaps, properly refer,
not ms reason for refusing the writ
applied for, but for the purpose of
saving that, if granted, there is no
probability that it would he available
in relieving Mr.. Vallandigham from
his present position, 1t is, at least
morally certain It would not be obey,
ed. And confess / am somewhat
reluctant to authorize process,
knowing it would not be respected
and that the Court is powerless to en-
force obedience. Yet. il satisfied
there were sufficient grounds for the
allowance of the writ, the considera-
tion to which have adverted would
not be conclusive against it.
Mr.. Pugh then drew up an entry,
to be made upon the records, which
Judge Leavitt accepted, and ordered
to be spread upon the minutes. The
Court then adjourned.
H. ----...----''------
DAYTON, May 26.-As one of the
officers at this point, Sergeant Swig-