Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1863-06-04
TssE LAW IN TmE CASE.
From tho National lntclliscnccr. Ma, eol


digham, on the charge Of giving aid and
comfort to the enemy, we think it proper,
in view of the interest attaching to tins
question, considered as one OF law rather
than military caprice, to place distinctly
before our readers the points on which it
turns.
The charge brought against Mr.. Val
landigham was as follows:
Publicly expressing, in violation of General
Order No. 3S, from headquarters Department OF
the Ohio, his sympathy for those in arms against
the Government of the United States declaring
disloyal sent iments and opinions, with the object
and purpose of weakening the power of the Gov.
ernment in its efforts to suppress an unlawful re.
bcllion
The specifications aaduced by the Judge
advocate in support of this charge in the
following terms:
In this, that the said Clement L. Valandig
ham, citizen of the state of Ohio, on or about
the first day of May; 1853, at Mount Vernon
Knox county, Ohio, did publicly address a large
meeting of citizens, and did utter sent ments il
words or in effect as follows Declaring the
present war ga wicked, cruel, and unnecessary
war;" "a war not being waged for the prescrva-
/ ton of the union," "a war for the purpose Of
crushing out liberty aud erecting dcspotsm -
ga war for the freedom OF the blacks and the en-.
! slavement of the whites :" stating "that if the
| Administration had so wished, the war could have
been honorably terminated months ago - that
I"peace might have been honorably obtained by
listening to the proposed intermcdation OF
Frances" that propositions by which the South
ern States could be won back and the South be
guaranteed her rights under tine Constitution had
been rejected the day before the late battle of
FL edericksburg by Lincoln and his minions -
meaning thereby tie President of the Uni
tel States and those under him in authority;"
charging "that the Government of the United
States were about to appoint military marsbalS
in every district to restrain the people of their
liberties, to deprive them Of their rights and priv.
ileges" Characterizing General Order No. 3S
Headquarters Department of the Ohio, as "a base
usurpation OF arbitrary authority !" inviting his
hearers to resist the same. by saying "the sooner
the people inform the miniUns of usurped power
that they will not submit to such restrictions up.
on their liberties the better" Declaring "that
! he was at all times, and upon all occasions, re.
solved to do what he could to defeat the attempts
| now being made to build up a monarchy upon the
ruins of our free governments" asserting "that
he firmly believed, as he said six months ago,
that the men in power are attempting to estab
lish dcspotism in the country more cruel and
more oppressive than ever existed before" All
of which opinions and'scntimouts he well know
did aid, comfort and encourage those in arms
against the GoveInm nt and could but INDUCE in
his hearers dstrust Of their own Government
and sympathy for those in arms against IL; and a
disposition to resist the laws of the land
]. NJ. QUITS, Capt. lth Infantry,
Judge Advocate Department Of the Ohio.
1t will thus be seen that the charge and
the specification, even if entirely sustain.
ed by the evidence as to which in thi.
inquiry we raise no question:, seek tC
convict Mr.. Nallandigham, citizen O
Ohio, of giving aid and comfort to the
enemy"
Now this ollense has. by the recent leg.
islation of Congress been made express
ly cognizable by the courts of the United
States. This will appear from the follow
ing statute, being AN act to suppress
insurection, to punish treason and rebel.
lion, and conliscae the property of rebels
and for other purposes" approved July
| II, 1862; and found in volume ~ chap
ter l95, page 3S9 of Statutes at Large, as
printed by order OF congress. We cite
the sections relative to this topic, as fol
lows:
SEc .. Ind be aJtTther eRacied, That if an,
person shall hereafter nctc, set on foot, assist
or engage in any rebellion or insurrection against
the authority OF the United Staes, or the laws
thereof, or shall give aid or comfort thereto, OF
shall engage in or give aid and comfort to any
such existing rebellion or. insurrection, and be
convicted thereof, such person shall be punished
/ by imprisonment for n period not exceeding ten
years, or by fine not exceeding ten thousand
doii.rs and by the LIBERATION of all his slaves, il
/ any lie navc, or bv both Of said punshmcnts, at
the discretion of the court
| SEC 3. and be tiIihCr Caacicd, That every
person guilty of either Of the oiltnscs described
in this act shall be Forever incapable and disqual
ihcd to hold any Office under the United States.
The tribunal to take cognzanco of such
cases and questions distinctly appear,
from the concluding section of the statute
as follows:
| SEc ID And be il further enacted, That tho
courts of the United States shall have full powc
to institute proceedings, make orders and DEGREES
issue process and do all other things necessary t
carry this act into effect.
This is conclusive as to the jurisdic
ton OF the courts Of the United States
and of them alone, over the oilense al
! legged to have been committed by Mr.. Val
landigham.
But the last Congress did not stop here
AS i! to shut the door against any such
proceedings as those instituted by Gen
Burnside, it passed an act, approved
March 3, 1868, expressly "rclating tC
habeas corpus and regulating judicial pro-
ceedings in certain eases" Tho sections
of this act relevant to the case of Mr.. Val
landigham may be found on page 755 O
1 tho volume of the Statutes at Large a
just printed by order Of Congress, and ar
as follows:
/ Be il enacted by Me Senate and House of Repre
SeRtatireS of The UHItea States Of 1merica in Con
greSs asscmbicd, That during the present REBEL
ior, the President OF the United States, whenev
cr, in his judgement, the public safety may re
quiro, is authorized to suspend the privilege o
the wit of hd6sdS corpus III any case throughout
the United States or any part thereof The
privilege has not been so suspended in Ohio
/ And whenever or wherever the said privilege shal
be suspended a, aforesaid, no military or other
officer shall be compelled, in answer to any writ
/ of hdbeds corpus. to return the body of any per
son persons detained by him by authority o.
the President, but upon the certificate, under oath
of the officer having charge of any one so dc
tanned by INN rs u prisoner under authority o
the President, further proceedings under the wri
of kdbeds corpus shall I've suspended by the judg,
or court having issued the said writ so long a,
said suspension by the President shall remain il
force and said rebellion continue. The priyi
lcgc Of the writ Of ha5sas corpus not having beer
suspended in Ohio, it follows that no judge il