Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1863-05-26

ov JUpGE BYRON PATNE---We
h f.sain the Madison Journal some account Of
n0'iS sm = Of Judge Paine, OF the supreme
the 'b;ls addressing. Union meeting late-
Coul', ira paine speaks The sentiments Of Chiei
lU JUG MON whom the politicians OF this
s,,s managed to start for re-elec,l0n anu 'hen
s'''' onab the course under that usual party
spur ' ' you must choose between TWO e'ils :
yell ~o 4'! o,ils choose the least" Our Su-
or "ol w Court would, unquestionaly' releas
e'lanairbam If in bounds Of their s'a,s .ul.s
faiia"' nrovided the Government would
.nbmit to their orders. ortea that.
savs the Journal, ''Paine remalns4 NO. :,
his opinion, also, tha' ,mere marital mar
Il Wa - try and sentence W o 81 service
P o" moi in the military " his nower he
Pe az Administration eI an ba had mn fears
1t the s:gnr with it. But ne hau no ieais
should diner ,be President designed to usurp
wn nroner authority" m.da tho pros;-
1.nt has sanctioned the arrest 'ria' " eoai'-
u. conviction and sentence OF Vallandig-
NO me-. 10 NOT being in the military or naval SER
nam' III Of which is precisely what the Wis
"" supreme Court would not sanction
"a be prais, d for it, we have not sanctioned
Dixon and Paine.
ch.n tte laws Of war which provide punish
n.nt on trial by co urt-m martial of persons aid
sod abetting the enemy, acting as spies for
~ enemy. recruiting for the enemy or carry
~ on correspondence with the enemy, be
,s0 ~ nugatory by the fiat of the Wisconsin
Supreme CourtE
Tor times Of peace, we submit the Supreme
co.r, NAV or may not be right, but IL time OF
.,.r # must be wrong; else it is no use to UNI
a.,,ake 10 save the country, and at the same
zine save the Constitution. Under Byron
p.ne,s notions, Northern rebels may go TO
SuOst any length in aiding their Southern
brethren.
What does Judge Byron Paine think of the
decision of Judge Leaviti of the Distric. Court
d Cincinnati, on Vallandigham's application
for a writ of habeas corpus to relieve him from
the action of military court? According tc
Paine, he would have granted Vallandigham
bearing and release.
What does Judge Byron Paine think OF the
allowing extract from the decision OF Judge
rsavitt, democratic but loyal Judge OF the
Southern Federal District of Ohio, in his late
,.nsal to release Vallandigham Hear what
besys-directy opposite TO Paine:
81, not the Court imperatively bound to re-
g,rd the present state of the country, and in
bs lipht which il throws upon the subject, to
5eci5e upon the expediency of interfering with
The exercise of the military power as invoked
IN the pending application? The Court can
Tot Shut its eyes TO the grave fact that war ex-
i.ls. involving the most imminent public danger
and threatening the subversion and destruction
If the Constitution itself. In my Judgment,
when the life of the Republic is imperied, he
mistakes his duty and obligation as patriot,
who is not willing to concede TO the Constitu-
lion such capacity of adaptation 20 circnm-
stances as may be necessary to meet a great
emergency, and save the nation from hopeless
ruin. Self DIT sservation is a paramount law,
which nation, as we'll as an individual, may
find it necessary TO invoke"