Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-06-18

soeaal an6 nluAua sonalHe6 q III ossf whom ths fAW
extends" cannot bs claimed that this law was In ope
ration In Gen. Burnsde's department when Mr. Valan-
dgham was arrested Nor is it necessary that should
nave been Ia force TO JUSTLY the arrest The power vested
Dy virtue OF The authority conferred by the appoint
ment OF the President Under that appointment Gen
burnside assumed the command Of this department That
no was man emnenty fitted for the position there is no
room Tor doubt He had achieved during his brief mill
tay career national reputation wise, discreet, pa
dence and respect Of the President of War;
but OF the whole country He had noby laid his party
and upon the altar Of his country,
and cOnsecrated his life to her service 1t known
that the wdey-extsnded department with the military
supervision of which no charged was one Of great
Importance and demanded great vigilance aud ability In
the administration of it's military concerns Kentucky
border State in which there large element Of
disaecon toward the National Government and sympa-
thy with those 10 rebellion against it, Formidable
sons have been attempted and threatened Four
OF the States have river border and in perpetual
danger Of invasion In Ohio. Indiana and Illinois class
OF mischievous politicians had succeeded in poisoning the
minds Of portion Of the community with the rankest
feelings Of dsoyalty Artfu politicians, disgusting their
latent treason under hollow prtensons of devotion to the
UnOn striving to disseminate their pestient heresies
among the masses Of the people. The evil Of
alarming magnitude, and threatened seriously to impede
the military operations of the Government, and greatly
to protract the suppression of the rebellion.
Gen. Burnside not slow to perceive the dangerous
Of these dsnya eol and resolved If pos
sbe TO suppress them In the exercise Of this discretion
he issued the oraerNo 35-which has been brought to
the notice Of the court shall not that ORDER
Say any thing 10 VII dication of its expedency.
refer to it only because Gen. Burnside in his manly and
patriotic communication to the court has stated fully his
motives and for issuing it, and also that for
it's supposed violation that he ordered the of Mr.
Vallandgham He has done this under his responsibility
the Commanding General of this department and in
cOdance with what he supposed to be the power vested
in him by the appointment Of the President 1t vir
tualy the act Of the Executive Department under the
power vested in the President by the Constitution, and
am unable to perceive what principle this Judicial r
bunal be invoked to annu it, In the judg
ment OF the Commanding General the emergency required
it, and whether he acted wisely dscreety not properly
subject for Judicial review. t
is worthy of remark here that this arrest was not
made by Gen Burnside under any claim or petenson that
be had authority to dispose punish the party arrested
according to his will, without trial and proof of the
facts alleged as the ground for the arrest but with view
Such investigation has taken place. the result of which
has not been made known to this court Whether the
military commission for the trial of the charges against
Mr. Vaandigham was legally constituted and had urs
dction Of the 10 not question before this court
There clearly authority in this court the pending
notion to revise reverse the proceedings of the military
ton is whether the arrest legal; and before re-
marked its legality depends on the necessity which existed
for making it, and Of that necessity for the stated
this court cannot judlcaly determine.
Gen Burnside Is unquestonaby amenable to the Exec
uve Department for his conduct If he has acted arbi
trariy and upon insufficient is within the pow
and would be the duty of the President only to an
null his acts but to visit him with decisive marks Of his
dsapprobaton. To the President his capacity of Com.
mandsr-n Chief Of the Army be must answer for his o
cal conduct But under Constitution which sudousIy
seeks to keep the executive legislative and judicial de-
partments OF the Government from all interference and
conflict with each other would be understandable ex-
ercise of the judicial power to decide that 90 ordinate
branch OF the Government acting under its high RESPONSE
btes had violated the Constitution in it's letter or ito
spirit BY author zng the arrest in question Especially in
these troubous times, when the national life in peril
and when union and harmony among the different branches
OF the Government imperatively demanded such
Interference would find excuse or vindcaton If the
doctrine obtain
of acts of mscbevous dsoyalty not within the scope of
the criminal laws of the land in custody under military
corpus requires no argument to prove that the most
alarming conflicts must follow, and the power of the Gov
sroment b most seriously impaired. dare not, in my
Judicial position the fearful responsibility implied
10 the sanction OF such . doctrine.
And here without subjecting myself to the charge Of
renching upon the domain of political discussion may
INDUCED 10 the remark that there is much of the pea
ental esyen of dsoyalty in the community. There is
class of men in the Loyal States who no Just
appreciation Of the deep crminaly of those who In
arms avowedy for the overthrow of the Government and
the establishment of Southern Conederacy They have
not fear rsen to any right estimate Of their duties and
obligations American citizens to a Government which
has strewn ts blessings with prouse hand may ven
ure the assertion that tho page Of history will be searched
in vain for example of rebellion wholly destitute of
excuse vndcaton and dark with crime that which
bleeding country called upon to confront and
for the suppression of which oil her energies demand
ed Its cause to be found 10 the unhallowed ambition
OF political asplrants and sgators, who boldly avow
their aim, not the establishment of Government the
better security of human rights but in which all pol
tcal power to be concentrated odous and despoc
ogarchy 1t 10 indeed consolstory know that in
sections Of the North those who sympathze with the
bellion are not formidable the apple
tensions OF some would to Indicate 1t may be
sumed trust that in most Of the Northern States rea
bic and answering patriotism is the rule and deloyaty
and treason the exception But there should be dvi
sion of sentiment upon this momentous question. Men
should know and lay the truth to their heart that there
course of conduct not involving treason and
therefore subject to punishment SUCH which neverhe
less implies moral guilt and gross offence against their
country Those who live under the protection and enjoy
the blessings of bengnant Government must learn that
they cannot stab its vita with mpuny II they cherish
hatred and hostility to it, and desire its let them
withdraw from it's Jurisdiction and seek the fellowship and
protection of those with whom they in sympathy II
they remain c while they not of they must be
preservation prescribes and will enforce And let them
not complain the stringent doctrine Of military necessity
should find them to be the legitimate subjects OF its action
have no fears that the recognition Of this doctrine will
lead to arbitrary invasion Of the personal security or
personal liberty Of the citizen 1t 10 rare indeed that
charge of dsoyalty will be made upon insufficient grounds
But if there should be mistake such oc
currence not to be put competition with the preser
walton OF the life Of the nation And confess sm but
title moved by the eloquent appeals of those who while
they Indignantly denounce violations Of personal liberty
look with no horror upon despotism - unmitgated
the world has witnessed.
But cannot pursue this subject further am aware
there points made by learned counsel representing
Mr. Valandigham to which have not adyerted. have
had neither time strength for more elaborate
sderation Of the questions involved In this application
For the reas0ns which have attempted set forth,
am led clearly to the conclusion that cannot udcaly