East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1863-05-26

the said Judge shall be satisfied sucl
allegations are true.
I The reader. can easily educe from
: these provisions the law of the question
D raised by the arrest of Gen. Burnside
They will perceive that proceeding
, under the writ of haJeaS corpus are t,
, be suspended by the courts whenever
and wherever tho privilege Of this wri
has been suspended 10y the President
which is not the case in the State o
Ohio. Judge Leavitt, in refusing &c
grant the writ sued out in behalf o!
Mr.. Vallandigham, stated that he had
not seen this law, when was cited il
court by Mr.. Pugh. the attorney OF
Mr.. Vallandigham. We infer from this
fact that Judge Leavitt does not deem
il necessary to have knowledge of the
laws which it is his sworn dry To al
minister, or that his means of procuring
information under this head are more
lmi'ed than those Possessed by laymen
who read tn. Journals " hich arc author
lied 10 publish the laws Of the United
States officially. or who possess a suf
ticent interest in such matters to pur.
chase the volume printed 10y the emi.
nent publishers, Messrs. Little & Brown,
of Boston, under the authority of Con.
gross. Ills ignorance of the laws may
be his best excuse for not doing his duty
under them.
And when a Judge of the United
States is ignorant of the legislation of
Congress on this head, surely General
Burnside may be excused for not know.
ing that Congress, Ivy the act of July
II, 1862, had expressly provided for
the trial by the courts of the offcnso he
alleges against Mr.. Vallanlighan Nor
Is It any answer to say, as Gen. Burn.
side urges in his statement made to the
Judge, that "we are in state of civil
war, and an emergency is upon us
which requires. the operation of some
power that moves more quickly than
the civil, " for it was precisely in view
of such an emergency" that Congress
passed the act of last July II, already
cited, and it was to exclude the posi-.
bility of the arbitrary detention of per.
sons held "as prisoners of the United
States by order or authority of the Pres.
ldent of the United States, as State or
political prisoners, or otherwise than as
prisoners of war" that Congress passed
the act approved on the Sd Of March
last, and the sections of which, so far
as they relate To this case, we have re
cited above. The Intervention Of
court martial, illegally charged with the
trial of a citizen, does not alter the ma.
ture of the Imprisonment of Mr.. Vallan.
digham, who, while deprived of his lib.
erty, must be regarded in law as one
imprisoned by the order or authority
of the President, acting through the
Department of War"
If it be true. as is said, that Mr.. Val.
landigham has been imprisoned in Fort
Warren by order OF General Burnside,
confirming the sentence of the court.
martial illegally charged with the trial
of citizen for an offense made cogn.
Fable by the courts, it follows that Mr..
Vallandigham is now held as Estate
or political prisoner" within the terms
of the act of March Sd, 1868, and it |
will therefore be the duty, as we doubt
not it will be the pleasure, of Mr.. Sec
rotary Stanton to report the name of
Mr.. Vallandigham to the Judge of the
United States Circuit or District Court |
which has local and legal jurisdiction of
the offense for which Mr.. Valandigham
is now irregularly detained, that he may
be put on trial according to the statu.
ties made and provided for precisely such
offenses as he is alleged to have com
mtted His conviction, under such cir.
would carry with it the
sanction of law, and AS such would re.
ceivc the assent of law.abiding citizens
and he n terror to evi-doers. D.,
We have said that we believe it will
give Mr.. Stanton pleasure to pursue
legal course in procuring regular trial
for Mr.. Vallandigham under the con.
stitution and laws of tho land, that he
may receive justice or suffer punish.
ment according to his deserts; for Mr..
Stanton signalized his accession to office
10y an "orler" in which he designated
the circumstances that seemed to jus
tify, only for time, departure from
"the normal course Of administration"
at the outbreak of the rebellion, when
the government was called suddenly to
meet an emergency which Congress
had not anticipated and for which it had
not provided" To this effect he de
clared rs follows, under his order Of
February IA, 1862:
The breaking out of formidable in.
based on a conflict of politi
cal IDEAS, being an event without prece.
dent in the United States, was neccs.
sarily attended by great confusion and
of the public mind. Di.loy.
atty, before unsupported, suddenly be.
came bold, and treason astonished the
world 10y bringing at once into the field
military forces supe ror in numbers to
the standing army of the United States.
Even in tho portions Of tho country
which were most loyal political comb.
nations and secret societies were formed
furthering the work of disunion, while,
from motives Of disloyalty or cupidity.
Or from excited passions or perverted
sympathies, individuals were fOnnl fur.
nishing men, money, aud materials of
war anil supplies To the insurgents