Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1863-09-28

Arbitrary Arrest, Trial and Banlsh-
ment OF Hon. @. l.. vaIiandigham,
Delivered at B~ellbrooK, Greene Cos,
ohio, August 22.
l propose. gentlemen, to con6ne myself upon
this OCCASION TO the discussion of a single qaes-
tion-second in importance, however. to none
that can be submitted To the consideration of a
free people.
Do we enjoy our personal liberty and the Sc.
curity of our homes under the guarantees of the
Constitution aud laws of the country. or by the
sufferance of the President of the United States
or any military officer he may place in command
over us2
The President himself. by bis own action. and
by the act of his subordinates, has presented this
issue for the decision of the people of Ohio at the
approaching election.
On the oath day of September, 1862, assuming
an authority no where conferred upon him. but
directly forbidden, as / shall show by the Consti-
tuition Of the United States, he issued the follow
ing proclamation:
WHEREAS, 1t has become necessary TO call into
service not only volunteers, but also portions of
the militia of the States by draft in order to sup
press instruction existing in the Uuited States.
and disloyal persons are not adequately re-
strained by the ordinary process Of law from
hindering this measure and from giving aid and
comfort in various ways to the insurrection; now,
therefore,
Be 1t ordered, LIST. That during the existing
insurrection, and as a necessary measure for sup
pressing the same. all rebels aud insurgents,
their aiders and abettors within the United States.
and all persons discouraging enlistments, resist
ing militia drafts, or guilty of any dislOyal prac
tice, offering aid and comfort to the rebels against
the authority of the United States, shall be sub
ject to martial law, and liable to trial and
punishment by court martial or military CON-
mission.
Cd. That the writ of habeas corpus is sus
pended in regard to all persons arrested, or who
are now or hereafter during the rebellion shall be
imprisoned in any fort, arsenal, camp, military
prison. or other place of confinement, by any
military authority or by sentence of any court
martial or military commission.
In witness whereof, | have hereunto set my
hand and caused the seal of the United States to
be affixed.
Done at the city of Washington this 9th day
of September. 1862, and of the independence OF
the United States the eighty seventh.
(Signed) ABRAHAM LINCOLN.
By the President:
VIM. H SEWARD. Secretary of State.
On the 9Th day of August previous to the
issuing of this Presidential proclamation. his sub
ordinate. Edwin NJ. Stanton, Secretary of War,
issued the following order:
WAR DEPARTMENT, WASHINGTON, D. ca
AukuNt " "
Ordered, l. That all the United States Mar
shals and Superintendent or Chiefs of Police OF
any town, city or district, be and they are hereby
authorized and directed to arrest or imprisOn any
person or persons who may be engaged by act, OF
speech, or writing, in discouraging volunteer en-
listments, or in any way giving aid or comfort to
the enemy, or in any other disloyal practice
against the United States.
2 That immediate report be made to Major l.
n =. Il H. z..l
persons may be tried by a military commission.
3. The expenses of such arrest and imprison
ment will be certified to the Chief Clerk of the
War Department for settlement and payment.
(Signed:) EDWIN NJ STANTON.
Secretary of War.
On the 18th day of April, 1863, General A
E. Burnside, placed in command of what had
been designated as the Department of the
Ohio" assuming a military jurisdiction over al
citizens and persons, as well as soldiers, within
the limits of that Department" in furtherance
of the policy of the President. as indicated by thu
foregoing proclamation, issued his General Ordei
No. 80, to wit:
HEADQUARTERS DEPARTMENT OF THE OHIo,l
CISGINNArI, ONO, April Is, 1863.
Thef Rnding General publishes, for th'
inform all concerned, tina; hereafter al
personWouhN within our lines who commit act
Tor the benefit of the enemies of our country
will be tried as spies or traitors. and if convicted
will suffer death. This order includes the fol
loving class of persons:
Carriers of secret mails.
Writers of letters sent BIZ secret mails.
Secret recruiting officers within the lines.
Persons who have entered into an agreemen
to pass our lines for the purpose of joining h'
enemy.
Persons found concealed within our lines be
longing to the service of the enemy; and in fact
all persons found improperly within our lines whit
could give private to the enemy.
All persons within our lines who harbOr, pro
tect. conceal. feed, clothe, or in any way aid the
enemies of our country.
The habit of declaring sympathies for th'
enemy will not be allowed in this Department
Persons committing such offenses will be at one,
arrested, with a view to be tried as above stated
or sent beyond our lines into the lines of thei
friends.
1t must be distinctly understood that treason
expressed or implied, will not be tolerated in thi
Department.
All officers and soldiers are strictly charged
with the execution of this order.
BY command OF Major General Burnside.
LEWIS RICHMOND,
Assistant Adiutant General.
Official: d. r. LARNED. Capt and A. A. G..
On the LIST day of May, 1853, Hon. G. l. Val
landigham, iu the exercise of his constitutions
right as a citizen of the State of Ohio and of thu
United States, addressed a large assembly of hi
fellow citizens at Mount Vernon, who met peace
ably together to take counsel together concern
ing the distracted state of the country. II,
criticised, as he had a right to do, and as | nov
propose to do, the policy of the measures re
sorted to by the Administration in the suppress
sion of the rebellion. He denounced Order No
80 AS a base usurpation of arbitrary authority ant
among other things asserted that the men il
power were attempting to establish a d~espotisn
in this country more cruel and oppressive thai
ever existed neutrality-suspicious. which ] nov
undertake to assert and prove to be true.
For the language used in that speerh, garble
from it by an unskillful reporter, Mr.. Vallan
digham was arrested by virtue of the ~followir,
order:
HEADQUARTERS DEPARTMENT OF THE OHIol
CINCINNATI, OHIo, May A, 1863.
Capt. Charles G.. Hutton, A. ID c.. &c:
CAPTAIN: You will proceed at once to Dayton
Ohio, by special train, and cause the arrest o
the Hon. Clement L. Vallandigham. afte
which you will at once return to these Head
quarters.
You will confer with the Provost Marshal, VIII
will await your arrival at Dayton. and see tina
the arrest is made as quietly as possible. Capt
Murray will accompany you and render you an,
assistance you may request Of him.
The Superintendent of the c., H & ID. R. r
will make all the necessary arrangements 10
trains upon your showing him this order. YoI
will endeavor to arrive here before daylight TO
morrow morning.
Much discretion is allowed to your good judg
ment in this matter.
By command OF Major General A. E Burnside
ID. r. LARSED,
Capt. and Asst. Adjt. General.
The arrest was made between two and tire