The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-06-05

THE LAW In VALLANDIGHAnI'S
4 .iie'' CASE. '5nom.:iin2 7a

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From the New York Evening Post, Repubhcan.)
We are indebted to the National Intel
Hgencer for summary of the laws relat-
ing to reasonable offences, which shows
that such cases as that of VALLANDlaHAM's
have been provided for in the statutes, and
made cognizable by the courts. The arbi-
trary arrests ordered in the earlier days OF
the rebellion were justified on the ground
that the emergency created by civil war
was one which Congress had not antici-
pated, and in which the government was
compelled to act in an irregular manner,
in order to save the nation. In this plea
the loyal part of the country acquiesced,
and Congress itself approved the course
which had been pursued, by bill to in
demnify the executive authorities o..
But, at the same time, Congress pro-
vided against the necessity for resort to
these abnormal proceedings by describing
offences of reasonable nature, declaring
their penalties, and Indicating the courts
in which they should be tried. This will
appear from the following statute, being
can act to suppress insurrection, to pun
ish treason and rebellion, and contiscate
the property of rebels, and for other pur-
poses, approved July IS, 1868, and found
in volume 10, chapter 1876, page $50, of
the Statutes at large, as printed by order
of Congress. We cite the sections relative
to this topic as follows:
Sec. g And be it further enacted, That if
any person shall hereafter incite, set on foot,
assist, or engage in any rebellion or insurrec-
ton against the authority of the United States,
or the laws thereof, or shall gire aid or comfort
thereto, or shall engage in or give aid and COM
fort to any such existing rebellion or insurrec-
ton, and be convicted thereof, such person
shall be punished by imprisonment for period
not exceeding ten years, or by a fine not eX-
ceeding ten thousand dollars. and by the liber-
alton of all his slaves, if any he have c, or by
both of said punishments at the discretion of
the court.
Sec. 5. And be it further enacted, That every
person guilty of either of the otfenses described
in this act shall be forever incapable and dis
qualified to hold any Office under the United
States.
The tribunal to take cognizance of such
cases and questions distinctly appears from
the concluding section of this statute, as
follows:
Sec. II. And be it further enacted, That the
courts of the United Suites shall have full
power to institute proceedings, make orders
and DEGREES, issue process, and do all other
things necessary to carry this act into effect.
This is conclusive as to the jurisdiction
of the courts of the United States, and of
them alone, over the offence alleged to
have been committed by Mr.. VALLAND1G-
HAM, of whom it is alleged in the specif-
cation on which he was tried that he "did
aid, comfort and encourage those in arms
against the government.
But the last Congress did not stop here.
AS if to shut the door against any such
proceedings as those instituted by Gene
raj Burnside, it passed an act, approved
March 3, 1868, expressly relating to ha-
beas corpus and regulating judicial pro
ceedings in certain cases." The sections
of this act relevant to the case Of Mr..
Vallandigham may be found on page 755
of the volume of the Statutes at Large, as
just printed by order of Congress, and are
as follows:
Be it enacted by the Senate and House of
REPRESENTATIVES, nf th, limited Ctornc Of
lea in Congress assembled, That during the
present rebellion, the President of the Unite
States, whenever iii his judgment, the public
safety may require, is authorized to suspend
the privilege CT the writ Of habeaS corpus in any
case throughout the United States or anu pouf
htereof: The privilege has not been so sus-
pended in Ohio And whenever and where
yer the said privilege shall be suspended as
aforesaid, no military Or other officer shall be
compelled in answer to any writ of hubens
corpus, to return the body of any person or
persons detained by him by authority OF the
President But upon the certificate. under
oath, Of the officer having charge OF any one so
detained that such person is detained by him as
u prisoner under authority of the President,
further proceedings under the writ CT haJens
corpus shall be suspended by the judge or court
having issued the said writ 50 long Us said sus
re,ssion by the President stall remain IN force
mi said rebellion conttnae.
This privilege of the writ of Aabeas cor
pus not having been suspended in Ohio,
it follows that no. judge in that state is
authorized to suspend proceedings insti-
tuted under this writ. The statute then
proceeds:
Sec. 2. And be it further enacted That the
Secretary OF State and the Secretary OF War be
and they are hereby directed, as soon as may
be practicable, to furnish to the judges of the
Circuit and District Courts of the United States
and of the District of Columbia a list Of the
names of all persons citizens of sttrtes in clich
the administration of the l0ws has continued un-
impaired IN the said federal courts, who are now,
or may hereafter be, held as prisoners of the
United Sttstes, or By order or authority of the
President ofMe United States or either of said
Secretaries, in any fort, arsenal or other place,
as state or other political prisoners, or other
| wise than as prisoners of war; tie said list to
contain tile names of all those aeho reside IN the
respectire jurisdiction Of said judges, Or who may
| be deemed by the said secretaries, or either Of
them. to have violated any law of the United
States in any of said Jurisdictions, and also the
date of each arrest; the Secretary of State to
furnish list of such persons as are imprisoned
by the order or authority of the President, act
ing through the State Department, and the
Secretary of War list of such as are impris-
soned by order or authority of the President,
acting through the Department of War; And
in ali cases where a grand jury, having at
tended any of said courts having jurisdiction