The Morgantown monitor. [volume] (Morgantown, Va. [W. Va.]) 1863-1864, 1863-05-30
Gen. Burnside Condemned,
Resolutions passed in the Cities Of
Boston and Syracuse.

AS much confusion seems 10 prevail with re-
gard to The legal aspects Of the arrest, trial. ANA
ct,nviction of Mr. Ealandigham: on the charge
OF giving aid and comfort 10 the enemy: we think
il proper in view Of the interest attaching 10
this question, considered rs Cue OF law rather
than military caprice 10 place Jeiore our readers
the points on which it turns
The charge brought against Alr. Faandigham
was a follows:
Puhic" expressing. in violation OF General
Order No. 38, from Headquarters Department Of
the Ohio, his sympathy 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 Go
vernmcnt in its efforts TO suppress IN unlawful!
rebellion.
The specification adiuced by the Judge advo-
cate in support Of this charge is in the following
terms:
In this that the said Clement L. Vallandigham,
citi.en IF the State Of Ohio, on or about the lSt
day of May, 1868, at Mount Vernon, Knox coun-
". Ohio, did publicly address II large meeting OF
citizens and did utter sentiments, in words or IN
effect as follows: Declaring the present war "a
wicked. cruel. and unnecessary war IA war
not being wl.cd for the preservation Of the l.
nion:" -. war for the purpose of crushing out
liberty and erecting despotSm;' "a war for
the freedom of the blacks and the ensavcment of
the whites stating 'lhat il the administration
had 50 wished the war could have been honor
ably terminated months ago. that 'pcace might
have been honorably obtained by listening TO the
proposed inlcrmcdiation of France that 'pro-
positions by which the Southern States could be
won back and the South he guaranteed her rights
under the Constitution hai been rejected the day
before the late battle Of Fredericksburg by Lin
coin and his minions,' meaning thereby the
President Of the United States and those under
him in authority; charging "that the govern
ment of the United States was about 20 appoint
military marshalS in every district to restrain
the people Of their liberties, to deprive them of
their rights and privileges. Charactcrlzlng
General Order No. 81 Headquarters Department
Of the Ohio. as "a base usurpatlon OF arbitrary
au'hority;' inviting his hearers to resist the
same. by saying "thc sooner the people inform
the minions Of uSurpcd powers that they will not
submit 10 such restrictions upon their liberties
the better Declaring "that he was at all
times and upon all occasions, resolved 10 do
what he could do to defeat the attempts now be-
ing made to build up monarchy upon the ruins
Of our free government asserting " that he
firmly believed, as he said six months ago; that
the men in power are attempting to establish
dcspotiSm in the country more cruel and more
oppressive than ever existed before" All of
which opinions and sentiments he well knew did
aid, comfort. and encourage those in arms against
the government, and could but induce in his
hearers Il dStrnst Of their own government and
sympathy for those in arms against it, and dis
position to resist the laws OF the Land.
y. NJ. CrrrS Capt. lth Infantry,
Judge Advocate Depart, Ohio
Il will thus be seen that the charge and the
specification. even if entirely sustained hy the
evidence. (as to which in this inquiry VIC raise
no question. seek TO convict Mr. Nalandi Cham,
= citizen Of Ohio, Of giving aid and comfort 10
the enemy.
Now this otIensc has, by the recent legislation
OF Congress, been made expressly cognizablc by
the courts Of the United States. This will ap-
pear from the following statute, being ''An act
to suppress inSurrcction, to punish treason and
rcb"iion and confScaic the property Of rebels.
and for other purposes, approved July 18th,
1862, ana found in vol! II, chap l"5, page 500
o.! the Statutes al Large as printed by order OF
Congress. We cite the sections relative to this
topic, rs follows:
SEC >. Ind he 1t .tNrfier enacted, That if any
person shall hereafter ncic, set on foot, assist or
engage il any rebellion or inSurrcction a-ainS;
the authority of the United States, or the laws
thereof or shall give aid or comfort thereto, or
such existing rebellion or insurrcction. and lie
couyi.tcd thereof, such person shall be punished
by Imprisonment for Il period not exceeding
ten years, Cr by fine not exceeding Sl0,-
O0O and hv the liberation OF all his slaves, if any
he have or hv both OF said punlshment5, al the
dissection of the court.
SEC. 3. 4nd be 1t turther enacted. That every
person guilty Of either of the ofenscs described
in this act shall hc forever incapable and disQua-
flied to hold any office under the United States.
The tribunal 10 take cognizancc Of such cases
and questions distinctly appears from the con-
Guiding section of this statute, as follows:
SEC. II. .4nd be il further enacted, That the
courts Of the United States shall have full power
TO institute proceedings make orders and de-
crccs, issue process, and do all other things neces
sary to carry this act into effect.
This is conclusive as to the jurisdiction Of the
courts of the United States, and Of them alone,
over the offensc alleged to have been committed
by Mr. Nallandigham.
Rut the last Congress did not stop here. As
If to shut the door against any such proceedings
as those instituted by Gen Burnside it passed
an act approved March 3, 1863, expressly 're-
lating to habeas corpus and regulating judicial
proceedings in certain cases The sections of
this act relevant to the case Of Mr.. Ealandigham
may he found on page 755 OF the volume Of the
Statutes at Large, as just printed BY order Of
Congress, and are as follows:
Be ii enacted jy the Senate and House Of Repre-
senattrcs Of the United SsdteS Of america in Con-
grsss assembled, That, during the present rebel
lion, the President of the United States. when
ever. in his Judgment, the public safety may re-
quire, is authorized to suspend the privilege of
the writ Of hgbcGS corpus in any case throughout
tS .yrffc ~ hor riV.
lece has not been so suspended in Ohio. And
whenever and wherever the said privilege shall
be suspended as aforesaid. no military or other
officer shall te compelled, in answer to any writ
OF habtGS corpus 20 return the body Of any per-
son or persons detained by him by authority Of
the President, but upon the certificate, under
oath, OF the officer having charge of any one so
detained that such person Is detained by him as
prisoner under authority of the President. fur
ther proceedings under the writ of haJeds cerpus
shall be suspended by the Judge or court having
issued the said writ so long as said suspension by
the Prsssdent shall 7enGin in force and said rebel
hon continue. The privilege OF the writ of ha-
bees corpus not having been suspended in Ohio
II follows that no judge in that State is authorl-
zed to suspend the proceedings instituted under
this writ.
SEC. ,. And be Il furthsr enacted, That The Sec
retary OF State and the Secretary OF War be and
they are hereby directed. as soon aS may be prac-
tcabIe. 10 furnish 10 the judges OF the circuit
and district courts of tue t. S and of the Dist.
OF Columbia list of the names of all persons.
citizens Of States in which the administration OF
the laws has continued unmpaired in the said
federal courts. who are now or may hereafter be,
held as prisoners of the United States, or by or
der or authority of the President of the United
States or either cf said Secretaries, in any tort,
arsenal, or other place, State or other political
prisoners or otherwise than rs prisoners OF war;