The Portland daily press., 1863-05-23

Hal leaven of disloyalty in the community.
| There is class Of men in the loyal States who
| seem to have no just appreciation oil the deep
| crninality Of those who are in arms avowedly
| for the overthrow OF the Government and the
establishment of Southern Confederacy.
They have not, fear, risen to any right esti-
mate of their duties and obligations as Amer
lean citizens, TO a Government which has
strewn its blessings with profuse hand.
may venture the assertion that the page of
history will be searched in vain for an example
of rebellion so wholly destitute OF excuse or
vindication, and so dark with crime as that
which our bleeding country is now called
upon to confront, and for the suppression of
which all her energies are demanded. Its
cause is to be found in its unhallowed ambi-
ton of political aspirants and agtatoIs, who
boldly avow as their aim, not the establish
ment of government for the better security
of human rights, but one in which all political
power is to be concentrated in an odious and
despotic oligarchy. 1t is, indeed. consolatory
TO know that in most sections of the North,
those who sympathize with the rebellion
not SO numerous or formidable as the appre-
tensions of some would seem to indicate.
1t may be assumed, l trust, that in most of
the Northern States. reliable and answering
patriotism is the rule, and disloyalty and trea-
son the exception. But there should be no
division of sentiment upon this momentous
subject. Men should know, and lay the truth
to heart, that there is a course of conduct not
involving overt treason, and not therefore sub
ect TO punishment as such, which, neverthe-
less, implies moral guilt and gross offence
against the country. Those who live under
the protection and enjoy the blessings of our
benignant government, must learn that they
cannot stab its vitals with impunity. Ii they
cherish hatred and hostility to it, and desire
its subversion, let them withdraw from its
jurisdiction, and seek the fellowship and protec-
ton 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 a course of
dealing as the great law of selfpreservation
prescribes and will enforce And let them not
complain if the stringent doctrine of military
necessity should find them to be the legitimate
subjects oil its action. / have no feais 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 charge of disloyalty will be
made upon insufficient grounds.
But ii there should be an occasional mis-
take, such an occurrence is not to be PCT in
competition with the preservation OF the life
OF the nation, and l confess | am but little
moved by the eloquent appeals OF those who,
while they Indignantly denounce violation OF
personal liberty, look with no horror upon
despoiism as unmitigated as the world has
ever Mltutcetu Dut pursue tlis
subject further am aware thereare points made
by the learned counsel representing Mr.. VAL
landigham. to which have not adverted. |
have had neither time nor strength for more
elaborate consideration of the questions in-
volved in this application.
For the reasons which have attempted to
set forth, am led clearly to the conclusion
that | cannot judcially pronounce the order
of Gen. Burnside for the arrest OF Mr.. Vallan-
a,,I l,all
that no sufficient ground has been exhibited
for granting the wit applied for. And may
properly add here that am fortified in my
conclusion by the fact Just brought 10 my no.
tce, that the Legislature of Ohio, at its late
session, has passed two statutes, in which the
legality and validity of arrests in the State,
under military authority. are distinctly sane
toned. This is clear indication of the OPT
Mon of that body that the rights and liberties
of the p ople are not put in jeopardy by the
exercise of the power in question; and is,
moreover, Il concession that the present state
oil the country requires and justifies its exer-
else. 1t is a clear intimation that the people
of our patriotic State will sanction snch a
construction of the Constitution as, without
clear violation of the letter, will adapt it to
the existing emergency.
There is one other consideration to which l
may, perhaps, properly refer, not as a reason
for refusing the writ applied for, but for the
purpose of saying that if granted, there is no
probability that il would be available in re-
lieving Mr.. Vallandigham from his present po-
sition. 1t is at least morally certain that, it
would not be obeyed And / confess i am
somewhat reluctant to authorize a process,
knowing it would not be respected and that
the Court is powerless to enforce obedience;
yet, il satisfied there were sufficient grounds
for the allowance OF the writ, the cohsidera-
ton to which have adverted, would net be
conclusive against it.
For these reasons the writ is not allowed.