The New York herald., 1863-05-20
HE YALLAnpIaHAM CASE.
The Admi nistratfon Condemned by Ats
own Organs.
fFrom he Ryan poat Mav
IFrom INC Evening Post, May IA. ]
BURNSIDE AND VAIL ANDI0HAM.


The Administration Condemned BY Its
[From the Evening Post, May 14.l
BURNSIDE AND vALLANDIGHAM.
General Burnsdes W the Circuit Court. from
which writ OF habeas corpus asked in the of
c. l.. valandigham arrested for treasonabls words
spoken and tried by military oommssicn, is publish
cd ON anothsr page 10 SO patriotic In spirit decided
In expressions OF loyalty so noby bold in taking
the responsibility that almost dislike to question It's
propriey. Yet, think dangerous faaces through
Il which ought 10 be exposed. General Burnside win
It is made manifest TO him that they are wrong.
He assumes that because he and his soldiers may not
N critic CRITICISMS Of the policy 2, the FSs
officers 70 undermine the confidence OF the in the
perfect wisdom and integrity Of the administration,
But he forges that persons sn military and naval
service Of the United States" are subject military law,
wno as Citizen subject ~ zee ~ .ns 20 s I.
much the OWL law; but II is applicable only 70 par
tcuar GLASS; and administered only BY special tribunals
citizens within the actual lines Of the army may
be guilty Of offences created by that law and tried by It's
any Mr. vaiandghAm does not belong 10 either
OF these categores at
Neither does seem 10 us that martial law, n Il ID
called BY the English and American writer's, and the
estate Of siege" BY the French--a different thing from
military awhas been proclaimed TO exist in the depart
nent Of the Ohio Or even II Il has been proclaimed,
we doubt whether any authority under IL be
csed against persons who are not immediately within
tho SCOPE o actve military operatlons at least an
arbitrary application OF military govornnent-the gov
ernment OF oroe-which substtutes the will Of the
commanding general for the common municipal law,
absolute necessity when domestic turbulence and riot
prevent the exercise Of the ordinary jurisdictions wnsu
the presence Of coussndins armies drives! out tse
On entire district there Is occasion for tho strong hand
Of military power. But In other social conditions the
taiiAndigbams offences, moreover. have besn as vet
confined TO the use or foolish words He calls Mr. lincoln
bad he denounces the republican party no abuses
md NJ an
Instructions are exceedingly perniyious But aas wc
cannot IN the spirit Of Anscharss Kioots demand, hang
ham has not, that we hear committed overt act Of
treason resisted the laws though he has per-
bling, IKE Brooks and woods must be allowed 70 pass
for ns,.,,a what NIT .s. worth not issIy ,;,,.s' :;
asAess b held a. above eriiicis or eosn de-
mwnciattos. We know Of no other way Of correcting
log their syrsnnies-tnsn by opeo and bold dscasson
How can popular government, most Of ai know the
81 ums s
popular Convictions and Wishes ares Dcspotisms, like
that Of louis Napoleon the Czar Of Russa. have
cause they not administered In the interests OF
people. and look TO those Of single or q family,
public lives alone Rs adeiiy to the sentiments Of the
whole nation.
Abuses nd licenses ot course adhere to this unlimited
freedom Of public criticism but these apparently in
separabie from the use, and without the buso should
scarcely have the II is question: too who Is to
draw the line between tho and the abuse outside OF
the courts established for the detection and punishment
OF AZ o6nces. Kvs!andghams pe,ce nonsense Ii trea
sps may moi % be equally so hS nss
written book on stsegy which the severes arraign
mont OF It yet printedf be may not question the justice
Or the propriety OF Burnsdes orders, may the Erng
Post thousand other journals venture to hint doubt
OF the superhuman military abilities OF General Raleck.
We know II may DO said that his motives are bad and
treasonabs while those OF the others oyai but tr
bunah and commissions cannot inquire into motives
Deeds are tangible, but noe thoughts.
Our article k already too long, should like to add
limo OF the punishment Noted out 70 this Western dena
gosue He has been sentenced Il is said 10 two years.
connnement 70 the Torugas Islands. " penalty
which will make hm martyr. and his old friends
and others 70 earncst cxpressions Of sympathy. He
ought meroiy, at most. to have b,en sent beyond
nos the rebel friends whom SO much adinlres aud
serves, and the change would have been gain h
great gain 70 them Nor surprising the rghtfuness OF
the jurisdiction, could have complained of
tencc which mcrcfuy councs the cuprt 70 the agree
bic society OF hts kind.
[From the New York Tribune, May 15.l
vALLAyDIGHAM.
General .Iackosn doubtIess of than
sverage sagacfty yet 10 not think he showed Il in
writing. after taking AMPLE FOR cool reflection, that,
had hs been military comnandant in Connecticut In De-
cember 1914 he would have hung the leading members
Of tho Hartford Convention nndcr the second section Of
the Articles Of War; We will not hero discuss tho legal
~ of such oxccutinn bur insist that II would have
been mNsi mpotc and unwise. The Tia tfprd Conven-
tration falling into general contempt aud odum II
gave the country its rst aok tho procpce o dts
sovc 70 hear Nv ien.oors M ,,
s"'uu ~ W oo" .y .cmpoaIy 's r"'ner thNn pmee nto
.ne yswnng vor.eA osnen' TOT ssuppor,er o. Madison
@ cno .ne wl ~ nave sno OF nang .ne leading hartord
sS sSnonsss "vu'u "A'e ooc" D' "c'ey harsu out uh
s'rso'a. m
,, v =, Vpi.. ~ sp.n ne.e1 nsu a''cer ocve,opmen.
snan ~ .ae recent .onneeucnt eectpn Were harmed
Sa' .nose " susnt 70 serve fah he ocniucrhs OF
~. s,s.e Simply renomnaen ,hsir former Gndid..es
m neu nel' .onsues Iney Must nave tiunpneu SUI
had such mcl as roucey, Mayor Wood Brooks Richard
ocnoAo snu errn 70 aid MN ~ tnc canvass ani
49, 'ne,. oee .neir YES rau no !nwes
oca' c put 'ney were pcrecty ane 70 oeat tneni.
Mr Clement T. yalandieham s n pro.s,,vsrv dsmocra,
of an exccedngiy coprery hue Ills otcs are as had a.
bad can be- II there were penalties sor holding IRA
& anu lnn'nan ve"s WIN M Iesar9 70 po
Offenders But our federal ard state COZ siiiuons 10 moi
recogn,ze peryerse opinions nor sneeces
grounds OF ,uaction beyopd tho ,nicon of be