The New York herald., 1863-05-15
DuRNslOE AND vAllANDloHAM.
military and Ctvii Auehorities-Pehtsbn
ssr Writ OF Habeas Corp~s-AnsweT OF
0esseral Burnside.
PETITION OF VALLAEDIGHAM.
VNirxp 5rArns<ls AnsRicA,
SOvr,RgA DisTR,Cv'OF ONO, -.

,,as NO anInaI servos as one o The militia OF any
ats; nevertheless on the oh day o, May INST between
evo aud three O'Clock the mornDg Of said day, has
dwelling house (ia which he and ms family then were,
N the city Of Dayton and county Of Montgo merry aoro'
ua,d WAS surrounded by about hundred soldiers,
armed in uniform as such, and acting under the d.
vscssoo Of Ambrose Burnside, Major Genc al in the
vioently broke tho cr and doSrs OF
pstoner's SAID house, and entered The and then
bsrs and thence carried MIN 70 the city Of Cincnnat
Hamilton county in the State and Southern district or
OHIO, where they imprisoned him against his viii, M
building Second or Colnmba street, then used
military prison. and your peutioner says thai he has ever
Cincinnati; under military guard OF which said Am
brose Z. burnside is commander.
Your petitioner alleges that he thus violently seized
- his house IN the night time without any warrant
ssucd upon probIoc cause supported by oath or arma
son ana in contempt Of his rights as an American citizen
He says aso that since his Imprisonment aforesaid
paper has been delivered 10 him (of which true copy
b herewith annexed purporting 70 contain charge and
specification AGAINST him, s.gned by j. h Cuts, chap
lain and Judge Advocate which charge and spec,sca
ton he has been arraigned, against his will he
United States, assembled in room q tho st.
Charles Exchange East Third street, the city Of Gin
oinnati styling themselves military commission, and
assuming TO Judicial authority at tho instgaon
q said ambrose h. Burnside as Major General aforesaid
But your petitioner deems that he is subject to
such mode Of arragnment OF trial. and claims that all
proceedings OF that description in his case forbidden
by The cons stituton and laws Of the tinted states
therefore, and the that he may be relieved from
manifest oppression under color OF military authority,
court or some other with whatsoever crime he Is in.
tended to be imputed by the charge and specification
above mentioned your petitioner moves honors to
grant him OF habeas corpus directed TO said
broso Burnside and all assembled TO act in obe
dience his orders commanding him and them forthwith
" bring the BODY Of petitioner before this court To-
gethcr with the cause Of bis capture and dcen
lion And your petitioner submits hereby whatsoever
The constitution OF the United States in this behalf may
require. G. L. VALLANDIGhAM.
ANSWER OF GENERAL BURNSIDE.
HEADQUARTERS, DEPARrMESr or TIE Ono,
CINCINNATI, Ohio, May II, 1853.
70 TIE HONORABLE THE CIRCUIT COURT or xK UNITED
eIArEs WITHIN AND FOR rHx SOUTHERN DISTRICT ONO.
lhe undersigned, commanding the Department OF the
ohio having received the Clerk Of Court
hat ali apphcaton for the allowance OF writ habcas
corpus VIII De made this morning before your hOnors
behalf Of Clement L. valandigham prisoner in my
custody asks leave to submit the Court the following
were TO indulge in wholesale criticisms Of the policy
q the government, 1t would demoraze tho army under
my command, and friend Of his country would call
ne traitor the officers soldiers TO indulge in
such criticisms would weaken the army the OF
ther influence and this criticism were universal in tho
army II would cause it 70 be broken TO pieces the go
vernment DO divided our homes 10 be invaded and
% indulge in such criticisms ocers and soldiers ars not
allowed 10 50 indulge and this course will be sustained
Now, will 90 further. We are In state Of civil war;
gne Of the states Of this department ia this
invaded, and three others have threatened i com
mand the department aud is duty 10 rny country
and 70 this army to keep in the best possblecondon
70 see that fed, clad, armed and FAR possible
g the troops to avoid saying anything would weaken
The army BY preventing single from joining tho
y causing dissatisfaction the ranks is equally tho
duty OF every citizen In the department avoid the same
hs aS pos ne Of h:
equai my duty in all portions Of IL; and Il s my duty 10
use - tpe force in my power 10 stop 1t. --
were to find man from the euemy's country dis
trbutng in my camps sleeches Of their pubic that
landed u demoralize the troops destroy their conn
dencc 10 the Constituted authorities of the government
gould have them tried aud hung found guilty, and all
The rules OF modern warfare would sustain me. Why
should such speeches fSom our own public men be
~ The and public men in great emergency like the
present shou avoid the use Of party ephes ana bitter
hvectves and discourage the organization OF poll
ea socesies which always undigned and disgrace
f1 70 irse people but now they are absolutely wrong
whish just now amount TO treason. The simple names
''pairiot' and "trator" are comprehensive enough
~ before SAID, IN n state Of civil war and
emergency upon 10 which requires the operations OF
some power that moves more quickly than the civu:
Tie exercise Of that power
II s said that the speeches which are condemned have
been in the presence Of large bodies OF ctzens who,
They thought them wrong would have then and there
condemned them. That Is argument. These citizens
who its defenders They bave never the field
never faced the enemies OF their country undergone
the prvaous OF our soldiers in the field BESIDES
have been habit Of hearing their public men speak
and as general thing Of approving Of what they say
ths greater responsibility rests on the public
men and upon the public press and IL behooves them to
be careful as TO what they say. They must not
license and plead that they are exercising liberty Ia
TINS del artment II cannot be done. shall all the
power have to break down such license, and
viii NC sustained in this course by all honest At
All events will have the consciousness, before God, OF
having dune my duty to my country, and when | am
svcrvod from the performance OF that duty by any
pressure, puoc or private or by any prejudice will no
again assert that every power possess earth, or
that given me from above, will be 10 defence Of
my government, al occasions at all times and in all
places within this department ThGe is party,
community, no State government no state legislative
body no corporation, body men that have the power
naugara,e war phicy that has the validity
Jaw anu power but the constituted anthori-
Iruitea state and
am determined TO support their policy. II the people
nJ. that policy they can change the costtu.
and by the proper method Let them freely discuss the
policy proper tone but my duty requires me 70 stop
weaken the authority d the government -, nryov
whilst the latter Is IN the presen.. Of The enemy~t s
n our CO. This license could not be used
.--..r-the man would be torn in pieces who
ouid attempt II. There fear OF the people losing
their bertes we all know that 10 be the cry OF dema-
gogucs aud but the ignorant will listen IL: all in
ssigeut know that people arc too far advanced
In the scale OF religion, civilization, education and free
bat S an no m
great charactcristics Of our people, teaches them
70 make all necessary sacrifices for their coun.
try when emergency requires. They will sup
port the constituted authorities OF the government
whether they with them or not Indeed the army
itself 10 part OF the people, and s so thoroughly edu
sated In the love OF civil liberty which Is the best guar
for the permanence Of republican Institutions
that would itself be the first TO oppose any attempt u
continue the exercise OF military authority after the
tabhmont Of peace by the overthrow OF the rebellion
No earth can lead our citizen soldery 10 the es
tahlishment oc military despotsm, and no man livin
would have the folly TO attempt It, To do so woud be
seal his DOOM On this point there DO groun
for app ehension on the part VI the people,
II Is said that we can have peace we lay down on
arms All sensible men know this to be untrue wer
so, ought We ~ be wardly as TO lay them dowl
until the authority OF the government iedgedf
beg to call upon tho fathers, mothers brothers, sis
ters sOns daughters, relatives. friends and neighbor
Of the soldiers In the ded aid IN stopping II
oense and niemperato discussion which y discoaragiul
armies weakening the bands Of government an,
thereby strengthening the enemy. II we use our homes
Efforts, God win bless us with glorious peace and
united country Men Of every shada-or opinion have tn
same vital Interest in the suppression of this rebellion
Tor should We lal In the task, dread horrors Of
ruined and distracted will fall alike on ALL whethe
patriots traitors.
These are substantially my reasons for Issuing Gene
raj Order No. - " my reasons Glr The
enforce IT, and also for the arrest az the Hon