Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1863-05-15

| VALLANDIGHAM'S TRIAL.-The tri
al of Vallandigham before the mill
tary commission sitting at Cincinna
tt, terminated Monday. The finding
of the court has not been officially
announced, but it is generally under.
stood that he was found guilty on a
number of the specifications, and a
despatch from Washington dated
18th says he is sentenced to impris-
onment for the term of two years on
the Tortugas, one of a group of CO.
raj islands off the Florida coast, and
the site of Government Fort now
in process of construction. The
charges and specifications on which
he was arraigned, are as follows:
CHARGE-Publicly expressing, in violation
of General Orders No. 38, from headquarters,
Department of the Ohio, his sympathies for
those in arms against the Government of the
United States, declaring disloyal sentiments
and opinions, with the object and purpose of
| weakening the power of the Government in its
efforts to suppress an unlawful rebellion.
| SPECEICATIoN.-In this, that's the said
Clement L. Vallandigham, a citizen of the
State of Ohio, on or about the 1st day of May,
1868, at Mount Vernon, Knox county, Ohio
did publicly address large meeting of citi-
zens, and did utter sentiments, in words or in
effect, as follows, declaring the present war ga
wicked, cruel and unnecessary war;" "a war
not being waged for the preservation of the
Union;" "a war for the purpose of crushing
out liberty and erecting a despotism;" a war
for the freedom of the blacks and the enslave-
ment of the whites;" stating that ''if the Ad-
ministration had so wished, the war could have
been honorably terminated months ago." "that
peace might have been honorably obtained by
listening to the proposed intermediation of
France" that propositions by which the
Southern States could be won back and the
South be guaranteed their rights under the
Constitution, had been rejected the day before
the late battle at Fredericksburg, by Lincoln
and his minions;" meaning thereby the Presi-
dent of the United States and those under
him in authority. Charging "that the Gov
ernment of the United States was about to
appoint Military Marsbals in every District to
restrain the people of their liberties, 20 de-
prive them of their rights and privileges"
Characterizing General Order No. SO, from
Headquarters Department of the OLio, as "a
base usurpation of arbitrary authority invit-
ing his hearers to resist the same by saying,
"the sooner the people inform the minions of
usurped power that they will not submit to
such restrictions upon their liberties, the bet
ter" declaring "that he was at all times, and |
upon all occasions, resolved to do what be |
could to defeat the attempts now being made
to build up monarchy upon the ruins of our
free Governments" asserting "that he firmly
believed, as he said six months ago, that the |
men in power are attempting TO establish |
despotism in this country, more cruel and more
oppressive than ever existed before"
All of which opinions and sentiments be |
well knew did aid, comfort and encourage those
in arms against the Government and could but |
induce in his hearers distrust of their OVID
Government and sympathy for those in arms
against it, and disposition to resist the laws
of the land. JIM. CUrrs,
Captain lIth Infantry. Judge Advocate, De-
partment of the Ohio. .
On Saturday application was made
to Judge Leavitt of the q. S. Cir
cult Court, by Geo. E. Pugh, coun-
sci for prisoner, for writ of Habe-
as Corpus. The motion was argued
at great length by Mr.. Pugh in the
affirmative, and by A. F. Perry and
District Attorney Ball IN opposition;
but up to date of last advices the
decision of the Court had not been
announced. On being informed of
the application for the writ General
Burnside sent to the Court a state
ment, which is at once so strong a
defence of the course he has deemed
It necessary to pursue in order to
put stop to reasonable utterances
and practices within his military De-
partment, and so Enthusiastically indi-
Gates his infexible determination to
rigidly enforce Order No. 38, that ,
we are constrained to insert it en-
ire.
DEPARTMENT OF THE ONO,
CINCINNATI, ONO, May IL, 1863.
To the Honorable the Circuit Court of the
United States aOittin and for the Southern. /
District Of Ohio; +
The undersigned, commanding the Depart i
nent of the Ohio, having received notice from E
he Clerk of said Court that an application /
or the allowance Of writ of habeus corpus G
will be made this morning before tyour Hon s
'rs, on behalf of Clement L. Yallandigham, r
low prisoner in my custody, asks leave to
ubmit to the Court the following
STATEMENT. ... 4
II were to indulge in wholesale criticisms b
# the policy of the Government, it would de- I
noralize the army under my command, and r
very friend of his country would call me a t.
raitor. If the officers or soldiers were to in
uIge in such criticisms, it would weaken the
rmy to the extent Of their influence; and if \
his criticism were universal in the army, it Il
would cause it to be broken to pieces, the Gov :"