Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1863-05-28

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nne what acts are properly within this
designation, but they must undoubtedly
| be limited to such as are deemed essential
TO the protection and preservation of the
Government and the Constitution. which
| the President has sworn &c support and
/ defend. And in deciding what he NAV
| 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 onlv
amenable for an abuse of his authority by
impeachment, prosecuted 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 ex-
lists, there is clear justification of the
act.
If this view of the power of tie Presi-
dent is correct, it undoubtedly implies the
right to arrest persons, who, by their mis-
chievous acts OF disloyalty, impede or
endanger the military operations of the
Government. And, if the necessity ex-
lists, see no reason why the power does
not attach to the officer or General in
command of military department.
ORDER NO. So.
1t was we'll known that the widely-ex-
tended Department., with the military SUI
pervision of which he was charged, was
one of great Importance, and demanded
great vigilance and ability in the admins
tration of its military concerns. Ken
lucky was border State, In which there
was large element of disaffection toward
the National Government, and sympathy
with those in rebellion against it. For
midable invasons have been attempted,
and are now threatened. Four OF the
States have river border, and are in per-
petual danger of invasion. In Ohio, In
diana and Illinois, class of mischievous
politicians had succeeded in poisoning the
minds of portion of the community with
the rankest feelings of disloyalty. Artful
politicians, Disgusting their latent treason
under hollow pretensions of devotion to
the Union, were striving to disseminate
their pestilent heresies among the masses
of the people. Tho evil was one of alarm
ing magnitude, and threatened seriously
to impede the military operations of the
government, and greatly to protract the
suppression of the rebellion. General
Burnside was not slow to perceive the
dangerous consequences of these disloyal
efforts, and resolved, if possible, to sup
press them. In the exercise of this dis
erection, he issued the order-No. IS
which has been brought to the notice of
the Court. l shall not comment on that
order, or say anything more in vindica.
ton of its expediency. refer to it only
because General Burnside, in his manly
and patriotic communication to the Court,
has stated fully his motives and reasons
for issuing it, and also that it was for ita
supposed violation that he ordered the ar,
rest Of Mr.. Vallandigham. He has done
this under his responsibility as the Com
handing General of this Department, and
in accordance with what no supposed to
be the power vested in him by the APP
pointment of the President. 1t was vir-
tually the act of the Executive Depart
ment under the power vested in the Pres
; ident by the Constitution and | am una
{ Bile to perceive On what principle this ju-
dical tribunal can be invoked to annul or
reverse it.
THE DIsLoYAL ELEMENT IN THE NORTH.
And here, without subjecting myself to
the charge OF trenching upon the domain
of political discussion, | may be INDUCED
in the remark that there is too much of
the pestilential leaven of disoyalty in the
community. There is a class of meu in
the loyal States who seem to have no Just
appreciation of the deep criminalty of
those who are in arms avowedly for the
overthrow of the Government, and the
establishment of Southern Confederacv.
They have not, | fear, risen to any right
estimate of their duties and obligations,
, as American citizens to a Government
which has strewn its blessings with pro-
fuse hand. l may venture the assertion
f 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. It's cause
is to be found in the unhallowed ambition
of political aspirants and agitators, who
, boldly aVOw their aim, not the establish.
ment of Government for the better Sc.
curity of human rights, but one in which
|. all political power is to be concentrated in
aD Odious and despOtic oligarchy. 1t is
indeed consolatory to know that in most
sections of the North, those who sympa-
thize with the rebellion, are not so numer-
Gus and formidable as the approximations
of some would seem to indicate 1t NAV
be assumed that in most of the Northern
States, reliable and answering patriotism
is the rule, and dlsloyalty and treason the
exception. But there should be no d.
vision of sentiment upon this momentous
question. Men should know, and lay the
truth to their hearts, that there is course
of conduct not involving avert treason,
and not, therefore, subject to punishment
as such, which nevertheless implies moral
guilt and a gross oftnse against their
country. Those who live under the pro-
lection and enjoy the blessings of cur be-
nignant Government, must learn that they
cannot stab its vitals with impunity. If
they cherish hatred and hostility to it,
and desire its subversion, let them with
draw from its jurisdiction, and seek the
fellowship and protection of those with
whom they are in sympathy. If they re-
main cih Us, while they are not Of US,
they must be subject to such a course of
dealing as the great law of self preserva-
ton prescribes and will enforce. And let
them not complain, if the stringent doc
trine of military necessity should find
them to be the legitimate subject of its
action. l have no fears that the recogn.
ton of this doctrine will lead to an arbi-
trary 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 if
there should De an occasional mistake,
such an occurrence is not to be put il
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