Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-05-19

eiBumVub U6Gu HuDmltIcu, L0OuRL
unable to concur with the speaker In all hi
conclusions
If it were my desire to do 70, have not noV
the physical strength to notice or discuss a
length the grounds on which the learned counse
has attempted to prove the illegalty of General
Burnside's order for the arrest of Mr.. VaIan
dighsm, and the duty of the Court to grant the
writ applied for. The basis OF the whole ar
gumoDt is the fact that Mr. Vallandigham, mol
being in the military or naval service of the
Government, and not therefore subject TO the
rules and articles of war, was not liable to ar.
rest under or by military power. And the va
rious provisions of tho Constitution, intended
to guard the citizens against unlawful arrests
and imprlaonmensShay been cited and urged
upon the attention of the Court as having a
direct bearing on the point. Il 10 hardly neces-
saFy to quote these excellent guarantees of the
rights and liberties of en- American citizen, ss
they are familiar to every reader of the Consti
tuition. And 1t may be conceded that IL, by a
jnst construction Of the constitutional powers
of the Government, in the solemn emergency
now existing, they are applicable to- aud muat
control, the question OF tae legality of the ar
rest of the prisoner, IL cannot be sustained for
the obvious reason that no warrant was issued
"upou probable cause, supported by oath or af-
firm mstion," as is required in ordinary arrests
| for alleged crimes. But are there no other IN
sideraticns of controlling character npplca-
| BILE 50 the question: Ia not the Court impePa.
lively bound to regari the present stste of the
country, and, in the light which it throws upon
the subject, TO decide upon tho expediency of
interfering with tho exercise of the military
power as Invoked 10 the pending applications
| The Court cannot shut its eyes to the grave
fact that war exists, involving the moat immi-
neat public danger, and threatening the cub
version and destruction of the Constitution IL
self. IN my judgment, when the life of the
| Reoublc ia imperiled, hO mistakes his duty and
obligation as 9 patriot, who is not willing to
concede 10 the Constitution snch CAPACITY of
adaptation TO circumstances a5 may be necessary
to meet great emergency, and save the naton
from hopeless ruin. Self preservation ia par.
amount law, which nation az well "a an in.
divldual, may find IL necessary to invoke
Nothing ia hazlrded in saying, that the great
| and far seeing men who framed the Constitution
of the United States, supposed they were laying
the foundations Of our National Governmea, on
an immovable basis. They did not consem.
plate the existence of the state of things
with which the nation ia now unhappily
confronted, the heavy pressure of which
is felt by every true patriot. They did
not recognize the right of secession by
one or more States, for the obvious reason that
ii would have been an incorporation of an ele-
ment In the Constitution for tho destruction of
the Union. In their glowing visions of futurity,
there was no foEeshadowing OF period, when
the people OF large geographical section would
be guilty OF the madness and the crime OF ar
raging themselves in rebellion against Gov.
ernmeut under whose mild and benignapt pWay
there was 60 much OF hope and promise for the
coming ages. We need not be surprised, thera-
tore, that, in the organic law which they gave
us, they made no epecial provision for such
amentable occurrence They did, ho oEeyor.
distinctly contemplate the possibility of foreign
war, and vested ia Congress the power to de-
clare its existence, aud /" 10 raise and support
armies" and "provide and maintain navy"
They we're aware thas the grant of these powers
implied all other powers necessary to give them
full effect. They also declared that the Presi
dent Of the United States "shall be Com
mander-in Chief of the Army and Navy, and
OF the Militia OF the several States when called
into actual SERVICE" and they placed upon him
the solemn obligation "to take care that the
laws be faithfully executed" Under this Last
named provision, and in reference TO q local re-
belioD, 10 which the laws Of the Union wers
obstructed, the act of the 29th of February.
l795, was passed, providing in substance, that
whenever in any State the civil authorities OF
the Union were unable 80 enforce tho lave, the
President shall be empowered to call out such
military force as might be necessary for the
emergency. Fortunately for the country, this
law was in force when several States of the
Union repudiated their allegiance to the national
Government, aud placed themselves in armed
rebellion against it. lt was sufficiently COM
prehenslve 10 its terms to meet such an occur
renee, although it was not O case within the
contemplation of Congress when the law was
enacted. 1t WAS under this statute that the
President issued his Proclamation of the 18Th of
April, 1861. From that time the country has
been in state OF var, the history and progress
ol which are familiar to ALL More than two
years have elapeedj during which the treasure
OF the nation has been lavishly contributed and
blood has freely flowed, aud this formidable re
belliOn is net yet subdued. The energies of the
loyal people OF the Union are to be put to further
trials, and, in all probability, the enemy ia vet
to be encountered on many bloody field
IL is not to be disguised that our cuunsry is
in imminent peril, and that the crisis dema ds
OF every American citizen, hearty support of
all proper means for the restoration of the
Union, and the return of an honorable pescs =
Those placed by the people at the head of the
ed to Its preservation and perpetuity The
President may not be the man of eur choice
and the measures Of his Administration NAV
not be such as all can tally approve. Bat these
are minor considerations, and can absolye no
man from the paramount obligation OF lending
his aid for the salvation Of his country. All
should feel that no evil they can be called on to
endure as the result of war, ia comparable with
the suDversiOn OF our chosen Government, and
the horrors which must follow from snch ca
tastsophe
have referred thus briefly to the present
crisis of the country as having some bearing on
the question before the Court 10 ia clearly
not u time when any one connected with the
Judicial Department Of the Government eaould
allow himself, except from the mOst stringent
obligations OF duty, to embarrass or thw the
Executive in his efforts TO deliver the country
from the dangers which press so heavily upon
IL. Now, the question which am called upon
GO decide ia, whether General Burnside, as an
agent Of the Executive Department. of the Gov
ernment, has transgressed mia auto;ity 10 order
log the arrest Of Mr.. Vallandigham. Ii the
theory Of hiscounse is sustainable, that there
can be no legal arrest except by warrant based on
an affidavit of probable cause, the conclusion
would be clear that the arrest was illegal. But
do not think am bnund TO regard the inqairy as
occupyius this narrow base. Gen. Burnside, by
the order oi the Presidents, has been designated
and appointed to take the military supervision of
the Department. of the Ohio composed of the
States OF Kentucky, Ohio, Indiana, Illinois and
Michigan, The precise extent OF hia author