Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-05-21
THE LAW OF THE CASE.

AS much confusion seebas to prevail with regard
to the legal aspects Of the arrest, trial, and con-
viction Of Mr.. Vallapdgham, on the charge Of Civ
ing aid aud comfort to the enemy, think il pro-
per- in vewof the interest attaching to this question
considered as one of law rather than of military
caprice, to place distinctly before our readers the
points On which it turns
The charge brought against Mr.. Vallandigham
was as follows: sIiie
Publicly expressing in violation OF General Order No
49, from Headquarters Department of the Ohio bis sym
patty for those in against the Government OF the
with the object and purpose Of weakening the power
the Government In its efforts to suppress an unlawful re
belon"
The specification adduced by the Judge Advo'
cate in support of this charge is in the following
terms:
I'm this that the said Clement L.. Valandighsm, a
Citizen Of the State Of Ohio about the first day Of
May 1863 ut Mount Vernon. Knox county, Ohio, did
publicly address large meeting Of citizens and did utter
sentiments, in words in effect follows Declaring
the present. wicked, cruel and unnecessary war;
not being waged for the preservation Of the Union "
war for The purpose Of crushing out liberty and erect
ing despotsmi"" for tbs freedom Of the blacks
and the ensavement of the whites stating that If the
Administration had so wished the war could have bsen
hhonorsny terminated months ago." that peace might
ntermediatOn of France y that proportions by which
the Southern States could be back and the South be
guaranteed their rights under the Constitution had been
rejected the day before the late battle at Fredericksburg
BY Lincoln and his minoDs, meaning thereby the Pref
dent Of the United States and those under him in authority
Charging that the Government of the United States
to restrain the people of their liberties, deprive them
Of their rights and privileges" Characterzng General
Order No. 80, Headquarters Department of the Ohio
"a base usurpatiOn Of arbitrary authority !" inviting his
sAy ha MIA
inform The minioDs of usurped power that they will not
submit to such restrictions upon their liberties The better
Declaring that he at all times and upon all occasofs
resolved to do what he could to defeat The attempts
being made to build up monarchy upon the ruins Of
free Government asserting g that he firmly believed
he said six months that the 10 power attempt
ing to establish desp0sm in this couDtry cruel and
oppressive thsn existed before 1H of chich
opinions and sentiments he ice hnen did aid comfort and
encourage these against the Government and could
but induce IN his hearers disrnst Of their G0rrn
and sympathy for those in against it, and dis
position to resist ne Laus Of the laad.
81 NJ, QUITS Cap ain llth Infantry,
Judge Advocate Department of the Ohio"
1t will'thus be seen that the charge and the spe-
oi6cation, even if entirely sustained by the evil
dence, Gas to which in this inquiry we raise no
question: seek to convict Mr.. Vallandigham,
citizen Of Ohio, of "giving aid aud comfort to
the enemy"
Z Now, this offence has, by the recent legislation
of Congress, been made expressly cognizable by
the Courts of the United States. This will appear
from the following statute, being IAN act to sup
pre- nsurrecton, to punish treason and rebellion,
and conscate the property of rebels, and for other
purposes" approved July II, 1862, and found in
vol 18th, chapter 1876, page $50, of the Statutes
at Large, as printed by order of Congress. We
cite the sections relative to this topic, as follows
Sec 3 and be it further enacted That if any person
shall hereafter nclte set foot assist engage any
rebellion nsurrec,on against the authority oil the United
States, or the laws thereof shall gire aid comfort
thereto or shall engage in or gire aid and comfort 10 any
such existing rebeion instruction and be conviced
thereof such person ha be punished by imprisonment for
period not exceeding ten yess by fine not exceed
ing ten thousand dollars and by the liberation Of all his
slaves any he have by both Of said punshments at
the discretion Of the court.
/" Sec 3. And be il further enacted That every person
guilty of either OF the offences described in this shall
be forever incapable and disqualified to hold any Office
der the United states"
The tribunal to take ccgnizance of such cases
and questions distinctly appears from the conclud-
ing section of this statute, as follows
Sec a. And be it further enacted That the courts of
he United States shall have full power to institute pro-
ceedngs make orders aud decree issue process and do
all other things necessary 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 offence alleged to have been committed by
Mr.. Vsllandigham.
But 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 act,
approved March Sd, 1868, expressly "relating to
habeas corpus and regulating judicial proceedings
in certain cases" The sections of this act rele-
want to the case of Mr.. Valandigham may be found
page 755 of the volume Of the Statutes at Large
as just printed by order of Congress, and are as
follows:
BE 1t enacted by the Senate and House Of Representatives.
of the United States Of america in Congress assembled
That during the present rebellion the President OF the
United States, whenever bis Judgment the public safe
may require it, is authorized suspend the privilege Of
the writ OF habeas corpus 10 any throughout the Uni
ted States. any part thereof The privilege has not
been suspended In Ohio Aud whenever and wher-
ever the said privilege shall be suspended aforesaid
military other officer shall be compelled in answer to
any writ Of habeas corpus to return the body OF per-
persons detained by him by authority of the Presi
dent but upon the certificate, under oath, Of the officer
having charge Of any detained that such person is
detained by him prisoner under authority Of the Pre-
sdent further proceedings under The writ of habeas
pus shall be suspended by Judge court having issued
the said writ long said suspension by the President
shall remain force and said rebetion continue The
privilege of the writ of babeas corpus not having been
pended 10 Ohio it follows that Judge in that State is
authorized to suspend proceedings instituted under this
writ
O.. IL L. :, c,~,I.. That 49, uaoro,.,,