Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1863-05-22

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ResotUed, That the sentence of the Military
| Court In the case of the traitor, Vallandig
ham ought to be executed to the letter; not on
ly so, but we invoke the vengeance of the law
upon all that class of citizens who give "aid
and comfort to the open enemies Of the Re
public by casting reproach upon the cause
which has led our gallant sons to the battle
| field.
THE HABEAs CORPUS CAsE.-The
application to Judge Leavitt, of the
U. S. Circuit Court, for a writ OF
ha6ea8 corpus in the case of G. L.
Vallandigham, was after thorough
argument and mature consideration
denied. The decision, which has
been published at length, is most
able production-fully sustains the
authority in times of rebellion or civ
il war to make arrests such as that
under consideration shows con
clusively that the Government pos
sesses the power necessary to pre-
serve its own existence, and can le-
gally and properly exercise it.
We make a couple of extracts from
the decision, and commend them to
the attention of the reader
It is clearly not time when any one con-
nected with the Judicial Department of the
Government, should allow himself, except from
the most stringent obligations of duty, to en-
barrass or thwart the Executive in his efforts
to deliver the country from the dangers which
press SO heavily upon it. Now, the question
which / am called upon to decide is, whether
Gen. Burnside as an agent of the Executive
| Department, has transgressed his authority, In
| ordering tie arrest of Mr.. Vallandigham. If
the theory Of bis counsel is sustainable, that
| there can be no legal arrest except by warrant
based en- an affidavit of probable cause, the
conclusion would be clear that the arrest is il
legal But do not think am bound to re-
gard the inquiry as occupying this narrow
base. Gen. Burnside, by the order Of the
President, has been designated and appointed
to take the military supervision of the De-
partment of the Ohio, composed of the States
of Kentucky, Ohio, Indiana, Illinois and Mich
igan. The precise extents of lis authority in
this responsible position are not known to the
Court. It may, however, be properly assumed
as a fair presumption, that the President has
clothed him with all the powers necessary to
the efficient discharge of his duties in the sta
tion to which he has been called. He is the
representative and agent of the President,
within his Department In time Of war, the
President is not above the Constitution, but
derives his power expressly from the provision
of that instrument, declaring that he shall be
Commander Chief of the Army and Navy.
The Constitution does not specify the powers
he may rightfully exercise in this character,
nor are they defined by legislation. No one
denies, however, that the President, in this
character, is invested with very high powers,
which, it is well known, have been exercised
on various occasions during the present rebel
lion. A memorable instance of its exercise is
seen in the Emancipation Proclamation issued
by the President as COMMANDMENTS Chief, and
which he justifes as a military necessity. 1t
is, perhaps, not easy to define what acts are
properly within this designation, but they
must undoubtedly be limited to such as are
deemed essential to the protection and preser-
walton of the Government and the Consttu-
tien, which the President has sworn to sup
port and defend. And in deciding what he
may rightfully do under this power, where
there is no express legislative declaration, the
President is guided solely by his own judgment
and discretion. and is only amenable for an
abuse Of his authority by impeachment, pro-
secuted according to the requirement of the !
Constitution. The occasion which calls for |
the exercise of this power exists only from the |
necessity Of the case; and when the necessity |
exists, there is a clear justification of the act |
And here, without subjectiug myself 10 the |
charge of trenching upon the domain of po-
litical discussion, 1 may be indulged in the re-
mark that there is too much of the pestilential
leaYen of disloyalty in the community. There
is class of men in the loyal States who seem
to have no just appreciation of the deep crimi-
nality of those who are in arms avowedly for /
the overthrow of the Government, and the es-
tablshment of Southern Confederacy. They /
have not, fear, risen to any right estimate of
their duties and obligations, as American citi-
zens, to Government which has strewn its
blessings with prefuse 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 con-
front, and for the suppression of which all her
energies are demanded. Its cause is to be
ound in the unballowed ambition of political
lspirants and agitators, who boldly avow their
aim-not the establishment of a Government
or the better security of human rights, but
one in which all political power is to be con-
,entrated in an odious and despotic oligarchy.
It is indeed consolatory to know that in most
ections of the North, those who sympathize
With the rebellion are not so numerous and for
nidable as the apprehensons of some would
eem to Indicate 1t may be assumed, I trust,
hat in most of the Northern States, reliable
md answering loyalty is the rule, and dsley-
llty and treason the exception. But there
hould be no division of sentiment upon this
question. Men should know, and
ay the truth to their heart, that there is
curse of conduct not involving overt treason,
nd not therefore subject to punishment as
uch, which nevertheless implies moral guilt
nd a gross offense against their country.
hose who live under the protection and enjoy
he blessings of our benignant Government,
aust learn that they cannot stab its vitals ;
nth impunity. IF they cherish hatred and
ostility to it, and desire its subversion, let
hem withdraw from its jurisdiction, and seek
he fellowship and protection of those with
1hom they are in sympathy. If they remain :
nth us, while they are. not of US. they must
e subject to such course of dealing as the
reat law of self preservation prescribes and /
,ill enforce. And let them not complain, if I
be stringent doctrine of military necessity :
houid find them to be the legitimate subject I
t its action. have no fears that the recog- :
;t;ar, of tb;s doctrina ruill lead To an inuasion