The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1863-05-21

4
duties In person. He, therefore, consti.
iuies IN agent to represent him, clothed
With the Necessary power for the efficient
supervision Of the military interests OF
the Government throughout the depart
ment. And !. Is not necessary that mar.
tiaI law should be proclaimed or exist, 10
enable the General 10 command to per-
form the duties assigned to him. Martial
law is we'll defined by an able iurist to be
'fhe will OF military commander Opera
ting without any restruini, save his judg-
| ment upon the lives. upon the persons.
npnn the entire social and individual cop
diton oi all over whom this law ex
tends" II cannot be claimed that this
lsw was in operation in Gen. Burnside $
Department, when Mr.. Vallandigham was
arrested.
Nor Is II ne sessary that IL should have
been in force TO Justify the arrest. The
power vested by virtue OF the aulhorii,
vas conferred by the appointment u the
President. Uuder r'a, appointment Gen
Burnside assumed the command Of this
Department That he was a man emi
nently 6,ted for the position there 10 no
rom for doubt. H had achieved du.
ring his brief nstioual career q national
reputation ~ = wise. discreet. patriotic
and brave General. He not only enjoyed
the confidence and respect of the presi
den. and Secretary Of War, but Of the
whole country. He had nobly laid his
party preferences aad predictions upon
.he altar o. bis country, and consecrated
his life to her service. 1t vas known that
the widely extended Department, with
the military supervision Of which he was
charged, WAS one of great Importance, and
demanded great vigilance and ability in
the administration Of its military concerns.
kentucky was border State, in which
there vas Z large element of disaffection
toward the National Government, and
sympathy with those in rebellion against
it. Formidable invasions have been at.
tempted, and are nov threateued -Four
OF the States have river border, and are
in perpetual danger Of invasion. In Ohio,
Indiana and iliinois class Of misc hiev-
Gus Politicians had succeeded in poison
Jog the minds of portion Of the commu-
nifty with the rankess feeling Of dilloyal.y,
Artful politicians, Disgusting their latent
treason under the hollow prs tensions OF
devotion to the Union, we're striving to
disseminate their pes,ient herssiss among
the massss of the people. The evil was
oae Of alarming magnitude, and threat.
ensd seriously 10 impede the military op-
eratlons OF the Government, and greatly
to proiract the oppression of tGe rebellion.
General Burnside was not slow to per-
ceive the DANGEROUS conseq uenoos OF these
disloya efforts. aad resolved, if possible,
TO suppress them. In the exercise of his
discretion, he issued the order-No. 38--
which has been brought to tho notice oil
this Court. ahail not comment on that
order, sr say anything more in yindica-
tioo of its expediency. refer to il be-
cause General Burnside. in his manly and
patriotic communication to the Court. has
stated fully his motives and reasons for
issuing it. and also that it was for its sup
posed violation that he ordered the arrest
of MIR ValIandigham. He has done this
under his responsibility Us the Command
ing General of this DsparI meut, and in
accordance with what he supposed to be
the power vested in him by the appoint
suent Of the President. Ii was virtually
the act OF the Executive Department un-
DIR the power vested in the President BY
tie Constitution; and am unable to per-
ceivc on what principle this judicial rr,-
bunnl can be invoked 10 sunul or reverse
it. 10 che Judgment of the Commanding
General, the emergency required it. and
whether be acted sisely snd discres,iy, 10
not properly . subject for judicial re-
view
1t is worthy Of remark here. that this
arrest was not made BY General Burnside
under any claim or preiension thar he had
authority 10 disposs of or punish the party
srrss,ed, according to his own will, with
out Trial and proof of the facts alleged as
the ground for tho arrest, but with view
to IN invest cation BY military court or
oommiss!on. Such an investigation las
taken place. the result Of which has moi
been made known to this Court. Wheth-
er the military commission for the trial of
the charges agsinst Mr.. Vsllaudigham
Was legally eoossitulsd and had jurisdic
tlon Of the case, il not q question before
the Court. There 10 clearly no authority
in this Court, on the pending motion. u
revise or reverse the proceedings OF the
N Ii,ary Commission, II they were before
the Court. The sole question is. whether
the arrest was legal; and, ~ before re.
marked, its legality depends on the ne
cessity which existed for making it and
of that necessity, for the rcason stated.
this Court cannot juiicialIy deter.
mine. General Burnside 10 unques
tionabIy amenabls to ihe Executive
Department for his conduct. II he has
acted arbitrarily and upon insufficient
reasons, il 10 within the power, and would
BE- the duty Of the President. not only 10
annul his acts. but TO visit him with de-
oi.ivs marks OF his disapprobation. To
the President, in his capacity of Com
mander-in. Chief OF the Army, he must
answer for his official conduct. But un-
der the Constitution, which stpdiously
seek. to keep the executive, legislative
and judicial departments of the Govern
mont from all Interference and conflict
| with each other, it would be an unwarrant.
able exercise Of the judicial power 10 de-
eide thst coordinate branch Of the Gov.
ernment. acting under its high respousi
bilities, had violated the Constitution. in
L. E i a