The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1863-06-06
From the National Intelligercer, Nay 20.
The Law In the Case.


regard to the legal aspects Of the arrest
trial and conviction Of Mr.. Vallandiughan
or the charge Of giving aid and comfort x
the enemy, we think it proper, in view o
the interest attaching to this question
considered as one of law rather than mill
tary caprice. to place distinctly before ouI
readers the point on which it turns
The charge brought against Mr. Vallan,
bingham was as follows:
Publicly expressing, in violation of Gen
eral Order No 3S, from Headquarters De'
partment Of the Ohio, his sympathy foi
those in arms against the Government oi
the United States declaring disloyal senti
ments and opinions with the object and
purpose of weakening the power of the
Government in its efforts to supp, ess an
unlawful rebellion.
The specification adduced by the Judge
Advocate in support of this charge is in
the following terms:
In this. that the said Clement L. Val
landIngham, a citizen Of the State Of Ohio, on
or about the 6rst day of May, 1868, at
Mount Vernon, Knox county, Ohio, did
publicly address large meeting of citi-
zens, and did utter sentiments, in words
or in effect as follows: Declaring the
present war "a wicked, cruel, and unnec
essary war "a war not being waved for
the preservation of the Uaion;" "a war
for the Purpose of crushing out liberty
and erecting despotism;" "a war for the
freedom of the blacks and enslavement of
the whites - stating that if the admins
| tration had so wished, the war could have
been honorably terminated months ago"
that peace might have been bonoratly
obtained by listening to the proposed in
! termediation of France" that ''posposi-
! tions by which the Southern States could
/ be won back and the South be guaranteed
her rights under the Constitution had
been rejected the day bef re the late bat
tie Of Fredericksburg by Lincoln and his
minloDs, meaning thereby the President
of the United States and those under him
in authority; charging that the govern
ment of the L. 5. were about to appoint
military marshals in every district TO re-
strain the people OF their liberties to de
prive them of their rights and privileges
Characterizins General Order No. 80,
Headquarters Department Of the Ohio as
"a base usurpation of arbitrary authority;
inviting his hearers to resist the same, by
saying the sooner the people inform the
mlnions Of usurped power that they will
not submit 10 such restrictions upon their
liberties the better" Declaring that he
was at all times, and upon all occasions re
solved TO do what he could to defeat the
attemps being made 10 build up Inoa-
archy upon the ruins of our free govern
ment; asserting that he firmly believed
as he said six months ago that the men
in power are attempting TO establish
despotism IN the country more cruel and
more oppressive tLan ever existed before"
All OF which opinions and sentiments he
well knew did aid, comfort, and encourage
those IN arms againt the government, and
could but induce in his hearers distrust
OF their own government and sympathy
for those in arms agsins, it, and disposi-
,ion TO resist the laws of the land.
'J. NJ Currs Captain Eleventh Infantry,
Judge Advocate Department OF the Ohio
1t will thus be seen that the charge and
the specification, even if entirely sustained
by the evidence, as to which in this iaau4-
ry we raise no qnestion,-seek 10 convict
Mr. Valiandingham, Il citizen of Ohio. of
| giving aid and comfort 10 the enemy.
Nov this oHense has, by the recent leg
islation of Congress, been made expressly
/ cognizabie by the courts OF the United
States Tins will appear from the follow
I ing statute, being An act TO suppress in
surrcction, to puaish treason and REBEL
| ion, and confiscate the property of rebels
and for other purposes, approved July
| II, 1862, aad found in volume II. chapter
! lYj. page $50 Of the Statutes at Large, as
! printed by order of Congress We cite the
! sections relative to this topic, as follows:
| SEC . And he IL further enacted, Tnat If
! any person shall hereafter incite, set oh
| foot, assist, or engage Ia any rebellion or
| insurrection against the authority OF the
| United States, or the laws thereof OF shall
give aid and comfort to any such existing
rebellion or insurrectien and be convict
ed thereof, such person shall be punished
| by Imprisonment tor a period not exceeit
ing ten years. or by q fine not exceeding
| ten thousand dollars, and by the libea
| ton of all his slaves, if any he have, or BY
| both of said punishments, at the disc,e-
| ton Of the court
SEC g. And Be ii further enacted, That
every person galty of either of the ofen
ses described in this act. shall be foreyer
incapable and disqualified to hold any Of
fee under the United States.
The tribunal to take cognizance of nch
cases and questions, distinctly apIears
from the concluding sections OF this tat
ute, as follows:
SEC a. And Be 1t further enacted. That
the courts of the United States shall hve
| full power to institute proceedings, make
!
all other things necessary to carry thiaact
into effect
/ This is conclusive as to the jurisdiction
Of the courts of the United States, ant Of
them alone, over the of1euse allesee to
have been committed by Mr.. VallanonS
ham.
But the last Congress did not st p ffre.
As if to shut the door against any nch
proceedings as those instituted by Genral
Burnside it passed an act, approved Mich
3. 1863, expressly relating to hobsas copus
| and regulating judicial proceedings inIe
| tain cases. The sections OF this ac: rle
want to the case OF Mr. Vallandnghm
may be found on page 755 of the voltspe
Of Statutes at Large as just printed byor-
der of Congress, and are as follows:
/ Be it enacted by tn. Senate and Hose Of
Representatives. Of tie United States Of A,fr,ea
in Congress assembled, That during the res
ent rebellion, the President Of the Utted
States, whenever, in his judgmentIthe
public safety may require, is authorize to
suspend the privilege of the writ Of haeas
corpus in any case throughout the U4ed
States or any part thereof. (The privfge
has not been SO suspended in Ohio) lnd
whenever and wherever the said privtgeIl
shall be suspended as aforesaid, no mhta-
ry or other officer shall be compelled IN
answer to any writ of habeas corpus tore
turn the body Of any person or perbrs
detained by him by authority OF the HeA
dent, but upon the certificate, under dt!
of the officer having charge of any ons 3
detained that such person is detained Il |
him as prisoner under authority OF tlt
President. further proceedings undet tn
writ of haLeas corpus shall be susperd4
the jndse or court having issued thesat
writ SO long as said suspension by th
! President shall remain in force and sail
rebellion continue. (7'he privilege OF th'|
writ of habsas corpus not having oeen sus''