Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1863-05-28

HE dangerous Consequences Of these dis-
oyal efforts, and resolved, IL possible, to
suppre,s them. In the exercise of his dis
cretion, he Issued the order No. 3S-which
has been brought 10 the notice Of The Court.
I shall not comment OH that order, or say
duything more in vihdicstion Of its expedi-
ency. refer 10 il only because Gen. Burn
side, 10 his manly and patriotic colnmunica-
ton to the Couri, has stated fully bis mo
tives and reasons for issuing Il, adj also
that il was for its supposed violation that
he ordered the arrest Of Mr.. VallaHdirnam. |
He has done this Under his respon ibility
as the Commanding General Of this Depart
meut, and in accordance Sith what he sup
posed 10 be the power vested in him by the
appointment Of the President. IL was
virtually the act of the Executive Depart
ment under the power vested in the Presi-
dent by the Constitution; and l am unable
to perceive on what principle this judicial
tribunal can be invoked to annul Or reverse
is In the Judgment Of tho Commanding
General, the emergency required it, and
properly subject for judicial review
II is worthy of remark here, that this ar.
rest was not made by General Burnside un.
thoIity to dispose of or punish the party ar.
rested, according TO his own will. without
trial and proof Of the facts alleged as the
ground for the arrest. but with view to an
investigation by a military court or commits.
sion. Such an investigation has taken place,
the result Of which has not been made
known to this Court. Whether the MiitsrJ
Commission for the trial Of the charges
against Mr.. Vallandigham was legally con.
stituted and had Jurisdiction Of the case, is
not question before this Court. There is
clearly no authority in this Court, on the
pending motion, to revise or reverse the
proceedings Of the Military Commission, if
they were before the Court. The sole ques
ton is, whether the arrest was legal and as
before remarked its legality depends on the
necessity which existed for making il; and
OF that necessity, for the reason stated. this
Court cannot judicially determine. General
Burnside is unquestionably amenable to the
Executive Department for his conduct =
II he has acted arbitrarily and upon insuf.
fcient reasons, it is within the power, and
would be the duty. of the President, not
only to annul his acts, but to visit him with
decisive marks Of his disarprobatiou. Tc
the President, in his capacity Of Comman
der in Chief Of the Army, he must answer
for his official conduct. But under oul
Constitution, which studiously seeks e
keep the executive. legislative and ju1icia
departments of the Government from al
Interference AMI conf ct with each other, i
would be an unwarrantable exercise of tn,
judicial power to decide that co ordinat,
branch Of the Government, acting unde
, its high responsibilities. had violate tn,
n Constitution. in its letter or its spirit, b
. authorizing the arrest in question. Especl
1 ally in these troubl0us times. when the na
tional life is in peril, and when unio, Al
t harmany among the different branches q
t tho Government are SO imperatively d,
n mar,dad, such interference, would fnd n
r. excuse or vnlicarion. If the doctrine
!. to obtain, that every one charged with an
guilty Of acts Of mischievous disloyalty, no
!. within the scope of the criminal laws of th
d land, in custody under military authority
J, is to BE- set free by courts or judges O
J. habeas corpus, it requires no Argument
/. prove that the most alarming conflicts mu
!. follow, and the power OF the GovernmeI
v be most serious y impai:ed. / dare not,
e my judicial position, assume the fearful r,
sponsibilty implied in the sanction Of sue
i. u doctrine.
e And here, without subjecting myself to Il
,. charge of trenching upon the domain Of p
!. litical discussion, may be INDUCED in Il
:, romark that there is too much Of the pest
I lential leaven Of disloyalty in the comm
f. nifty. There is a class Of men in the 10y
d States who seem to have no just appreci
N tion of the deep criminality Of those wi
,e are in arms avowedly tor the overthrow
in the Government, and the establishment
nt Southern Confedcracy. They have nc
~ I fear, risen to any right estimate Of the
10 duties and obligations. ps American CT
Mt xens, to Governme nt which has s.rewn
OF blessings with profuse hand. l may We
o. ture the assertion that the page OF histo
in will be searched in vain for an example ol
to rebellion SO wholly destitute Of excuse
lie vindication, and so dark with crime, as tn
n. which our bleeding country is now cal
Il. upon to confront, and for the suppressi
ne of which all her energies are demanded.
d. cause is to be found in the unhallowed al
<. bition Of political aspirants and agitato
,w who boldly avow their aim; not the esta
"a. lishment ofa Government for the better
,r. curity Of human rights, but one in viii
all political power Is to be concentrated
ve an odious and despotic oiigdrchy. 1t is
W. deed consolat0ry to know that in most 8
,as tions Of the North, those who sympath
81. with the rebellion, are not 80 numerous q
raj formidable, as the apprehensions Uf so
)e. would seem 10 indicate. It may be assn
tlv ed, I trust, that in most OF the North
far States, reliable and answering patriot
ief is the rule. and &sloyaity and treason
3 a exception. But there should be no di'
al Of sentiment upon this mcmentous questii
re Men should know, and lay the truth to ii
Of heart, that there is course OF conduct
,ad involving overt treason, and not theref
,re. subject to punishment rs such, which ue'
md flreiess implies moral guilt and gross
Tas feuse against their country. Those
,rt! live under the protection and enjoy
ich blessings Of our benignant Governn,
nj rnust learn that they cannot stab it's Vi
md with impunity. Ifthey cherish hatred
ary hostility to it, aud desire its subversion,
:. h them withdraw from its jurisdiction,
teo seek the fellowship and protection Of Il
and With whom they are in sympathy. II t
IL, remain oitb US, while they are not OF
ed. they must be subject to such cours
,tes dealing as the great hw of self preserval
ual prescribes aud will enforce. And let Il
and not complain, if the stringent doctrine
ans military necessity should find thso' tob
Il allegitimste subject of its action. have
,est fears that the recognitioU OF this doct
mn. will lead to an arbitrars invasion OF the
low sonal security, or personal liberty Of the
~. ;.cnT n h rare indeed that a charge