Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-05-28
RESPECT FOR LAW.

we quoted, lew Gays ago, the acI VI OonBiooo,
approved by the President on the 18th Of July,
1862, providing for the trial and punishment by
the United States courts Of all persons who "gve aid
and comfort to the enemy, in the way charged by
Gen. Burnside against Mr.. Vallandigham. We
have also published the law, approved by the Pre-
sident on the Sd day of March last, making it the
duty of the Secretary of War to furnish to the
Judges Of the Circuit and District Courts Of the
United States list Of the names of all persons,
citizens of States in which the administration of
the laws has continued unimpaired in the said Fe-
deral courts, who are now or who may hereafter be
held prisoners of the United States in any FORT
arsenal, or other place as State or political pri-
soners." We have shown that the proceedings
instituted by Gen. Burnside against Mr.. Vallan-
digham in palpabe violation of both these sta
tute,, enacted by the last Congress and approved
by the President to meet precisely such
that raised by the alleged language and conduct Of
the accused.
1t is at this stage of these extraordinary pre-
ceedings that met by the fact that the Presi
dent, instead of quashing the entire indictment
der which Mr.. Vallandigham was arraigned by
Gen. Burnside in ignorance of the law, has simply
COMMITTED the punishment illegally imposed by the
court-martial by substituting Punishment to the
South for imprisonment in Fort Warren. Any
such decision the part of the President must of
course give the sanction Of the Executive to the
military jurisdiction asserted by Gen. Burnside, in
disregard Of the law specially made and provided
for such cases. The President cannot commute
the punishment inflicted by court-martal with
out assuming or implying that that court-martial
was legally seized Of the criminal and crime upon
which it assumed to pronounce sentence.
If the President has come to any such decision,
and from intelligence elsewhere given it would
seem that he has, we are sure that he has forgotten
ago, for we cannot believe that he would Willingly
disregard that law in case which comes SO OBJ
viously within it's scope that if it be disregarded
in the person Of Mr.. Vallandigham the intention
of the National Legislature and the express terms
Of the statutes must be practically nullifed
We all remember that when Gen. Fremont issued
his proclamation of the 30th Of August, 1861 con-
fscating the property and liberating the slaves of
rebels, Mr.. Lincoln Immediately advised that Off
that the particular clause in relation to the
confscaton Of property and the liberation of slaves
appeared to him to be Objectionable its non-con
fornaity 10 the act Of Congress passed the oh OF
last august upon the subjects" and hence
he ordered that the said clause of said proclama-
tion be SO modified, held, and construed as to con-
form to and not to transcend the provisions on the
same subject contained in the act of Congress ent-
tied An act to confscate property used for insur
rectionary purposes, approved August 6, 1851,
and that said act be published at length with this
order"
Such was then the respect the President exacted
from his subordinates for the laws of Congress; and
the frankness and promptitude with which he inter
posed his authority to rectify the error of high
military commander impressed the public at the
time with fresh confidence in Mr.. Lincoln's capa-
city 6rmness, and patriotism. If he then asserted
Gas he still assers) in behalf of the shareholders in
Missouri all the rights to which they entitled
by the existing legislation Of Congress, he ought
surely to be equally tenacious of the rights secured
by the law to the citizens of the Free States.
The error of Gen. Burnside in asserting mill
tary jurisdiction over a citizen Of Ohio for words
Of incorporate criticism spoken in public discus
sion is even more grave and vital than that COM
mitted by Gen. Fremont, for it is an error COM
mited not only in violation Ct special statutes, but
of constitutional guarantees old the rudiments
of civil liberty. The last Congress supposed that
it had provided for just such cases that Of Mr.
Vallandigham when it enacted the laws Of July
18th, 1862, end of March Sd, 1868, and to have
provided fer them in such way as would pre-
serve freedom Of political discussion and action
from degeneratipg into disloyal practices agita
tions set on foot with the design of giving aid and
comfort to the enemy. 1t was thus that the Ma
tional Legislature, full in view Of the emergency
that is US, sought to maintain the constitutional
rights of the citizen in the Loyal State., and at
the same time to protect the rights and interests
Of the National Government from all insidious at
tacks 1t was expressly ordained that citizens of
States in which the administration of the laws has
continued unimpaired in the Federal courts >"
should be put on trial for alleged political offences
before the said courts, and longer held by mill
tary authority Such is now the iaD of the land,
and if the President is bound to execute all the
existing laws he is certainly bound to execute the
laws he has himself approved, when the very ext