Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1863-05-27


sued behalf at Mr. Vslandieh
stated that be bad rot seen this law. which was /
cited IN court by Mr. Pugh. the attorney II
Mr. EHlisudieham We infer from this fact
that Judge Leasitt does not deem II necessary
to have n knop ledge Of the laws which il an .
duty TO administer. that his means OF
procuring Information under this head are more
limited than those possessed by laymen who read
the Journals which authorizeI.t 20 publish the
laws &c the United States officially. or who
Possesses n sufficient interest iu such matters 20
purchase the volume printed by the eminent pub
fishers, Me.srs Little Brown. OF Boston. un
der the authority of Congress. HIS ignorance
OF tn Avs may be his best excuse for not dog
i'm his duty under them
Aud when the Judge of the United States -
fuad ignorant Of the legislation OF Congress on
his head surely Gen. Burnside NAV he excused
fr not knowing that Congress by the set Of July
l7rh. 1862 had expressly provided for the trial
by the courts of the ofenses he alleges against
Mr. Valiandgham Nor Is il any answer TO saw
as Gen. b urges in bis statement ma e to the
Judge. that I'VE are in state of civil war. and
emergency is upon u which requires the ope
ratons of some power that moves more quickly
than the civil. for IL precisely in view Of
such ~ emergency" that Congress passed the
act Of last July 18th, already cited, and IL was TO
exclude the possibility Of the arbitrary detention
of persons held las prisoners Of the United States
by order or authority of the President Of the
United States "a State or political prisoners or
otherwise than a prisoners OF OF war, that Con-
gress passed the act approved on the 81 OF March
last and the sections of which. SO far as they re-
late To this case We have recited above The
intervention of court martial. illegally charged
with the trial Of a citizen. does not alter the ma
ture of the Imprisonment of Vallandigham, who.
while deprived of his liberty. must be regarded
IN iate ~ one imprisoned by the order or an
thorty Of the President, acting through the De
taiiment OF War;"
If be true. as il said that Mr. Vallandigham
has been Imprisoned in Fort Warren by order OF
Gen Burnsie. confirming the sentence OF the
court martial Illegally charged with the trial OF
citizen made cognizable by the courts, il follows
that Mr. Vallandighsm j. now held M State
or political prisoner" within the terms of the act
/ of March 3. 1903 and il will therefore be the
duty. ~ we doubt not il will be the pleasure. of
/ Mr. Secretary Stanton. 10 report the name OF Mr..
! Vallandis ham 10 the Judge of the United States
/ Circuit or District Court which has local and le
gal jurisdiction Of the oifense for which Mr..
/ Valandigham is now irreguarly detained. that
he may he put trial according TO the statutes
made and provided for precisely such oifenses as
| he is alleged to have committed His conviction
under such circumstances would carry with il the
sanction OF law. aud MS such would receive the
assent of law abiding citizens. and be a terror to
evil doors.
We have said that we believe il will give Mr..
! Stanton pleasure to pursue legal course in pro-
curing a regular trial for Mr.. valandieham un
der the constitution End laws Of the land. that he
may rereive Justice or suffer punishment accord
inc To his deserts; for Mr.. Stanton signalized his
accession To office by nm order in which he
designated The circumstances that seemed tojus-
tify only for time. departure from 1.-THE
nal course of administration" at the outbreak
Of the rebellion. VIXEN tho Government was called
/ 10 IN nm VIII
had not anticipated and for which il had not pro.
vided !" To this effect, lac directed as follows
under his order of February IL, 1862:
''The breaking out OF a formidable nsurrec ion based
| on a Il Ct of political ideas. being event without
precedent the United States necessarily attended
hy great confusion and terpiexiiy of the public mind
U-loyalty before unexpected, suddenly became bold
and astonhcd the world by bringing into
the felt military force superior IN numbers to the stand
ING army Of the United states
- ven in the portions o. the country hich were most
loyal. pofi al combinations and secret societies
formed furiherng the work OF dsunion. while from
ves ofai,loyalty cupditv or from excited passions,
perverted sympathies individuals were found furish
ing men money and materials AMI supplies 10 the
in.urgens' military aid naval forces Armies. ship, for
thcaiions, navy yords, arsenal military posts and
sons, one after another wee betrayed or abandoned to
the in. urgents
Congress had not anticipated and so had not provided
eriess and Inactive judicial machinery seemed as II
Il had been desgnednot to sustain the Government, but
to emherrass and hetray II.
'.In this emery the President felt Il his duty
ri with ensrgy The extraordinary powers which the
Cons conHdes TO lin in OF nsurrecton. He
called the field such military end naval force.
horized hv The existing laws. seemed Re
directed prevent the use OF the post oce for
rca enable correspondence lie subjected passengers
and fromfor countries 10 passport regulations
and he instituted blockade suspendedth writ OF habcas
corpus I'm various places. and can'ed who
represented him being about to in diloya
reasonable practices be arrested nv special civil
a. well military agencies. and detained IN military
toy. when necessary, TO prevent them and deter others
from suc practices Examinations ef such cases were
instituted and OF the persons 20 aret" have been
discharged from time 10 time under creun upon
conditions compatible, was thought with the public
| safety.
occurred The line between LOYALTY and di>loyalty Is
plainly Defined the whole Of the Government Is
firm and table; apprehension. Of public danger ami IA
cliieS for enable practices have diminished with tie
pas which prompted needless perso TO adopt them
The in~urrec is believed to have eliminated and to be
declining.
favor a return the normal of the Admnistra-
ton A. fir ud for the public welfare will allow
directs that political prisoners state prisoners
held in military custody be released their subscribing
10 parole engaging them render aid OF comfort 10
the enemies in hostility To the United states
Extraordinary will here fer I've made under
the direction of the military authorities alone"
Congress has 10y its recent legislation ''antci
plted" precisely such case that raised by The
alleged conduct and language of Mr. Vnllandig
ham. and has thus made provision for the "emer
gency" The only Justification heretofore as
signed for such extraordinary arrests in the heart
Of loval population no longer exists for the
"nurmal course" of proceeding is now plainly
marked out by the law made and provided for
the trial and punishment of all who give laid
and comfort 10 the eremv." and who are 'citi
zens of States in which the administration oi
! tie laws has continued unimpaiIed in the Fed
eral Courts"