The weekly pioneer and Democrat., 1863-05-22
THE VALLANDIGHAM CASE.
Reasons of Gen. Burnside for Hold.
ing MIR. Vallandigham in CUSTODY

Reasons of Gen. Burnside for Ho1d.
ing Mr.. Va1landigham in Custody,
CINCINNATI, May lin the U. S. Cir
cult Court, to-day, the application for a
writ of habeds corpus in the case of Mr..
Vallandigham was heard before Judge
Leavitt. Gen. Burnside submitted a
lengthy statement in writing to the court,
giving reasons why he held Mr.. Vallan-
digham in custody. He deprecated whole
sale criticisms of the policy of the govern
ment as demoralizing to the army, result
ing IN Its being broken to pieces, the gov
ernment divided, homes invaded, and an
archy reigning. If he indulged it he
would be called traitor. 1t was his duty
to prevent anything being said to weaken
the army, prevent recruits from Joining
the ranks, bring the laws of Congress into
dlsrepute, etc., and it was the duty of ey-
cry citizen to avoid the same evil He
claims it as his duty to prevent the
propagation of this evil in ali portions Of
his department, and to use all the force in
his power to stop it. If he found a man
in camp distributing speeches of public
men tending to demoralize the troops. he
would have him tried and hung, and such
speeches from our public men should not he
epithets and bitter invectives, and dis
courage the allowed. Public men should
avoid the use of party organization of Sc
cret societies. The latter create dissen-
sions and discord, amounting to treason.
Patriot and traitor are comprehensive
enough. The emergency requires the
operations OF some power that moves more
quickly than the civil, and no war was
ever carried on successfully without that
power That public speeches made in the
presence of large bodies of citizens, who
could then and there condemn them, was
no argument. Public speakers and the
press must not use license, and plead they
are exercising liberty, and in this depart
ment it could not be done, and he would
use all his power to break it down. To
swerve from this duty, he would be nei-
ther man or patriot. The people need
not fear losing their liberties That to lay
down arms will secure peace is untrue.
These reasons governed him in issuing
Order No. SO, and arresting Mr.. Vallan-
digham for a supposed violation of that
order, for which he has been tried, and
ClO lCSulU VI W llICLl 10 Ill Ills lltuuS.
Gen. Burnside's statement closes thus:
''In enforcing this order, l can be unani-
mously sustained by the people, and can
be opposed by factious bad men. In the
former event, quietness will prevail. In
the latter event, the responsibility and ret
ribution will attach to the men who resist
the authority, and the neighborhOod that
allows it,
Mr.. Pugh, who appeared lor Mr.. Vallan-
digham, addressed the court at length in
support of the application to grant the
writ, and discussed the indemnity act, the
articles of war, the writ of habeos corpus,
etc. speaking three hours.
Mr.. Perry followed for Gen. Burnside,
claiming that the military authorities had
power to declare martial law, and to act
under it, whenever they deem it necessary
for the good Of the government.
THE CHARGES AGAINST vALLANDIGHAM
The following is the charge upon which
Vallandigham was tried
Charge-Publicly expressing, in violation of
General Orders No. So from Headquarters De-
partment of the Ohio his sympathies with
those in arms against the government of the
United States. declaring dsloyal sentiments and
opinions, with the object and purpose Of weak
ening the power of the government in its efforts
to suppress an unlawful rebellion.
Specitcation-In this, that the said Clement
l.. Vallandingham, citizen of the State of
Ohio on or about the 1st day Of May 1868, at
Mount Vernon, Knox county, Ohio, did pub
licly address large meeting Of citizens, and
did utter sentiments in words, or in effect, as
follows: declaring the present war wicked
cruel and unnecessary war,"a war not being
waged for the preservation of the Union," "a
war for the purpose of crushing out liberty,
and erecting u despotism" "a war for the free
dom of the blacks and the ensaving of the
whites, stating THAT if the administration had
SO wished, the war could have been hOnorably
terminated months ago." that ''peace might
have been hOnorably obtained by listening to
the proposed internediatiOnn of France; - that
propositions by which the Southern States
could be won back, and the South be guaran-
teed their rights under the Constitution.
had been rejected the day before the late
battle of Fredericksburg, by Lincoln and
his minions; meaning thereby the President
of the United States and those under him in
authority; charging that 1.-THE government
Of the United States were about to appoint
military marshals in every district to restrain
the people OF their liberties, to deprive them of
their rights and privileges ;" characterizing
General Order No. 50, from headquarters de-
partment of the Ohio, as s. a base usurpation
of arbitrary authority" inviting his hearers
10 reSlSI Ine same Dy saying, Inc soon
Cr the people inform the miniOns of usurped
power that they will not submit to such
restrictions upon their liberties the better;" de-
claring that g he was at all times and upon all
occasions resolved to do what he could to de-
feat the attempts now being made to build upa
monarchy 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 this country more cruel and more Oppres-
sive than ever existed before
All of which opinions and sentiments he well
knew did aid, comfort and encourage those in
arms against the government, and could but
induce in his hearers distrust of their own
government and sympathy for those in arms
against it, and disposition to resist the laws
of the land
G. w. QUITS, Captain 18th Infantry,
Judge Advocate.