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

| optain, that every one charged with and
guilty OF acts of mischievous disioyalty
not within the scope of criminal laws OF
the land. in custody under military au.
thority, is to be set free by courts or
judges on habeas corpas, it requires no
argument TO prove that the most alarm
ing conflicts must follow, and the power
OF the Government be most seriousiy inn
paired dare not, in my Judicial posi-.
tion, assume the fearful responsibility
implied in the sanction OF such doctrine.
And here, without subjec,ing myself to
The charge Of trenching upon the domain
OF political discussion, | may be INDUCED
IN the remark that there rs too much Of
the pes'ilential leavan of disloyalty 10 the
community. There ia class OF men in
the loyal States who seem to have no just
appreciation of the deep crimina!ity Of
those who are in arms avowedly for the
overthrow OF the Government, and the
establishment of Southern Confederacy.
They have not. fear, risen to sny right
estimate Of their duties and obligations,
as American citizens, to Government.
which has strown i,s blessings with pro-
fuse hand. may venture the assertion
that the page Of history will be searched
IN vain for an example ora rebellion so
wholly destitute Of excuse or viudicatiou,
and 30 dark with crime, - that which our
bleeding country 10 now csllcd upon TO
confront, and for the suppression Of which
all her energies are demanded It's cause
is 70 be found 10 the unhsilowed amLi-
tiou OF political aspirants AID sgisators.
who boldly svow their aim, not the es-
tablishment of Government for the bet
ter security Of human rights, but one in
which all political power is to be concen-
trated in an odious derpotic oil iyarchy. 1t
Is indeed consolstoy to know that in most
sections Of the North, those who sympa.
thI,e with the rebellion. are not 20 nu-
merous and formidable, as the apprehen-
sions Of come would seem to indicate. Il
may be assumed, trust, that in most of
the Northern States, reliable and unswerv-
ing patriotism is the rule, aud jisloyal.y
and treason the exception. But there
should b. no division OF sentiment upon
tins momentous question. Men should
know, and lay the truth to their heart,
that there is course of conduct not in
volving overt treason. and not therefore
subject 10 punishment as such, which
nevertheless implies moral guilt and
gross ohense against theircountry Those
who live under tho protection and enjoy
the protection Of our beD,gnalnt Govern
mont, must learn that they cannot stab
lis vitals with impunily. If 4 hey cherish
hatred and hostility to ii, and desire its
subversIon, let them withdraw from its
Jurisdiction, and seek the fellowship and
protection of those who are in sympathy.
II they remain Nth us, while they are not
IF as, they mnst be subject to such
course OF dealing as the grea. law o. self
preservation prescribes and will enforce.
And let them not complain. If the strin.
gent doctrine OF military necessity should
find them to BE- the legitimate subject Of
its action. have no fears that the ~
cogni'icn Of this doctriue will lead 10 an
arbitrary invasion OF the persona. security,
or personal liberty Of the citizen. II 10
rare indeed tha. charge OF disloyalty will
be made upon insufficient grounds. Hut
il there should be an occasi,nai mistake,
such mn occurrence is not TO be put 10
competition with the preservation of the
life Of the nation. | confess, I am bat
little moved by the eloquent appeals Of
those who. while tley Indignantly Do.
nounce violAtions of persp,laI liberty,
look with no horror upon despotis1l as
anmiligated as the world has ever wit.
messed.
But can not pursue this subject fur
thcr. am aware there aro points made
by the learned counsel representing Mr..
Vsllandigham. to which have not ad-
veried. l have had asither time nor
slreneth for 4 moro slaborn'a q conside ra-
ton Of the question involved in this ap.
pliration. For the reasons which ! have
not attempted to set forth. am led clear
ly to the conclusion thst can not judi
cislly pronounce tho order Of Gen. nurn-
side for the arrest Of Mr.. Vallandixham
As nulli'y, and must, thsrefors ho'd that
no sufficient ground has been exhibited
for granting the writ applied for. And !
may properly add here. that am forti-
fed in my cooclusiou by the kct just
brought 10 my notice, that the Leglsia-
ture Of Ohio, at its last session. has passed
two statutes. in which the validity aud le-
gality Of arrests in this State under. mill
tary authority are distinctly sanctioned
This is clear indication Of the opiuion of
that body that the rights and liberties OIL
the people are not put in jeopardy BY the
exelcise of the power in quesiiop. and is,
moreover, concession that the present
state Of the country requires and justifes
its exercise. Ii is clear intimsE.on that
the people Of our patriotic State will ssno-
tim such . construction OF the Consti,u-
ton as, without clear violstion Of Its
letter, will adapt it to the existing emer-
gency.
There is one other consideration to
which may, perhaps, properly refer. not
As reason for refusing the writ applied
for, but for the purpose Of saying that, if
granted, there ia NO probability that il
would bs available 10 relieving Mr.. VAL
landigham from his present position. 1t
is, At least, morally certain 1t would not
be obeysd. And ] confess / am SONG
what reluctant to authorize : process.
knowing it would not be respected, aad
that the Court il powerlesa 70 enforce obe-
disnce. Yet, If satisfied there were SUN.
cient ground for the allowance Of the
writ, the consideration 10 which have