The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1863-05-28
4. EBENSBURG. PA, TIL URSDAY MAY 80 1863.


ordinate branch of the Government, act
ing under its high Responsibilities, hac
; violated the Constitution, in its letter ol
its spirit. by authorizing the arrest IL
question Especially in these troublous
times. when union and harmony among
the differ, Mt branches of the Covernme, {
are impcratiyely demanded, such III
teriereuce would find no excuse or vindi-
cation. II the doctrine is to obtain, that
feeery one charged with, and guilty of,
acts OF mischieyous dislovalty, not within
the scope OF the criminal laws of the land.
In custody under military authority, is to
be set free by courts or judges on Aoheos
corpns, IL requires no argument 10 prove
| that the most alarming conflict, mus,
follow. aud the power of the Government
nc most seriously iHlpa;red. l dare not,
in my judicial position. assume the fear
tui cponsifility implied IN the sanction
! o.! such doctrine.
''And here, without suhjecting myself
| 10 the charge of trenching upon the
domfin Of political discussion. l may be
| INDUCED in the remark that there is too
much Of the pestilential leaven of dislcy-
! ally III the community. There is "a class
| Of men in the loyal States, who seem to
| have no just appre eciaiion of the deep
crlminality Of those who are in aruls,
avowediv for the overthrow Of the Gov
crnment, and the establishment of "a
Southern Coniederacy. They have not,
| fear, risen to any right estimate of their
duties aud obligations as American citi-
zens. 20 u Government which has strewn
its blessings with a pfofuse h,i.d. l may
venture the assertion that the page of
| history will be searched in vain Tor an
example of a rebellion SD wholly destitute
ut excuse ar viud.ca:ion, and 50 i irk with
crime as that which our bleeding country
is now called upon 10 confront, and for
the suppression oi which all her energies
are dcinanded'' There should DC no
division ef sentiment upon this momen
/ lay he truth to their heart, that there is
u course OF conduct not involving overt
treason, ard hot therefore subject 10
punishment as such, which nevertheless
ial,lies moral guilt and a gross oifcn>e
aeiin>t their couu'ry. Those who live
under the protection and enjny the bless
siays of our beiieEant Gov vernment, must
learn that they cat. net stab It's vIals with
impunrY II frey cherish hatred and
hostility 10 IT, ant desire its snbyerson,
let them withdraw from IL Jurisdiction
and seek the fellowship AID protection .,i
those with whom they are in sympathy.
If they renaia uitt US, while they are
not of us, they must be subject to such
course OF dealing Is the great law OF sell
preservation prescrihes aud will enforce.
& 81, L., hn
gent doctrine OF military necessity should
action. have 40 fears that the recog-
milton of this doctrine will lead to an
arbitrary invasion OF the Personal security
or personal liberty of the citizen. 1t Is
lare, indeed. that IA charge Of di,loyalty
will be :..ade upon insufficient grounds.
But If there should be an occasional
mistake, such an occurrence Is net to be
put in competition with the preservation
of the life OF the nation And | confess.
am but little moved by the cioquent
appeals OF those who, while they indig,
n1ntly denounce violations ol perSoniI
liberty, look with no horror upon 4 despct-
ism as unnlitigated as the world has eve.
witnessed.
But | can not pursue this subject
farther. | am aware there are points
made by the learned counsel representing
Mr. Nallandig CHAM, to which have not
adverted | have had neither time nor
strength for a more elaborate consideration
of.S,lc questions involved IN tins aipica-
iion. tar the reason, which | have
attempted To SET iolth, L am led clearly t.
the conclusion that canuot judicously
pronounce the order of General burnside
Tor The arrest oi Mr. Valandigham rs
nu'litv, aud must. therefore, hold that nn
sulfi firient ground has Been exhibited far
granting the writ applied for. All l
may properly add here. that | am fortified
in my. conclusion by the iact jn,t brought
to my notce that the Legislature OF Ohio.
at its last session, has passed two statutes,
ilwhich the validity and legality Of arrests
In this S,ate, under military authority,
are distinctly sancfioned. This is a clear
indication Of the opinion OF that body,
that the rights and liberties OF the people
are not put in jeopardy b. the exercise ~
the power In question. aud Is, moreover. u
con ccssion that the present state OF the
country requires and justiies its exercise.
1t is clear intimation that TIE people
of our patriotic State vii! sanction such a.
construction o.! the Constitution as, without
i. clear violation OF its letter, will adapt it
to the existing emergency.
There is one other consideration to
which may, perhaps, properly refer, not
as reason tor. refusingst the wit applied