The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1863-05-16
Obedience to Law.

the people to the lrements OF law, as that OF
republic like the United States. 1t ispre-em-
inenty government of laws and not Of men,
and a government in which ample provision is
made for the frequent and peaceful settlement of
all political Disputes and all questions respect
ing the expediency, propriety, or justice of its
legislative enactments, and the acls OF It's execu-
tive officers. 1t is a government based. not up,
on traditions and the divine right of kings not
upon inheritance and blood, but spon written
constitution, ordained, established and put in
operation by the agreement and consent of the
people themselves. That constitution, and the
laws made in pursuance of it, are the supreme
authority in the land, and to those all citizens
should render obedience. The only possible ex-
ception to this general principle is when the
Government is waging war with Its enemies;
when, undoubtedly, the law military in many
instances must, and in many more instances
may, set aside for the time being the civil au-
thority,
But the progress Of this war has shown, we
think, that the less we have of this military
law, except in places for the time being the
theatre of war or in imminent danger of insur
rection, the better. Where the Courts are open
and the execution of the ordinary process of law
is unobstructed, there is no more necessity, or
proprietv or common sense in arbitrarily ar
resting any person, by military force, with
out legal process, on a charge of disloyalty or
the utterance Of disloyal sentiments, than there
would be to employ the same lnstrumentality to
arrest him for stealing sheep. Take the case
Of Vallandigham for example. He is copper
head of the most malignant variety, and is un-
doubtedly doing the Union cause much mis-
chief But has he violated any statute law !?
If he has the courts of Ohio, and the U. S.
Courts aresopen, and let the proper complaint
be made against him, and the proper process be
issued, and then put him upon trial. If he has
not broken any law, IL is, to our mind neither in
accordance with The spirit nor the letter Of our
Constitution to arrest him without legal process,
and put him upon trial without legal complaint.
And it is no answer to this view that, he is
either crime or it is not. If it is q crime then
the courts can try him. If it is not crime,
IL Congress has failed in its duty and passed
no law making such seditious language as Val
landigham continually utters against the Gov
eminent an offence punishable by the courts,
then the military arm should not arrogate to
itself legislative functions, and proceed not only
to execute laws, but to make them Vallan-
dighams doctrines are detestable and mischiev-
ious enough, but they will DO made infinitely
more troublesome to the country bysgiving him
the crown Of martyrdom.
Ii is we'll enough for US, also, to reflect that
the military power of the Government is net
superior, but subordinate to the civil power. 1t
il called into existence to aid the civil power
in enforcing the laws in the insurgent States.
The resistance there to the laws has brought on
state Of war in which ell the civil power OF
Government is suspended, and for the time
being, there is, and can be, no law but the mil
itary. But this is not true of Ohio. There the
civil poxsr and the execution of the laws are
unobstructsd, and there is no more necessity fol
tho trial of citizen of that State, who is not
in the army, by Court Martial, than there
would bo in times of profound peace. 1t is al
much Gen. Burnside's duty to respect Vallan
digham's rights as a citizen OF Ohio, asst is Val
landigham 8 to respect Gen. Burnsids's as
General in that Department. And We canno
agree that Gen. Burnside has any more right t.
try vallsndigham. by Court Martial for seditiou
language, shan vallaudigham would have to ar