Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-05-26
Che Ohio 6tatesnram
The Law in the Case.

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gard to tho legal aspecs OF the arrest, trial
and conviction Of Mr. Vallandigham, on Oh,
charge OF giving aid and comfort to the enemy
we saiuk 10 proper, in view OF the lnterest at
taching TO this question, considered Gs one o
law rather Than military caprice, to place dis
tinctly before our readers tho points on whict
il turns.
The charge brought against Mr.. Vallandig
bam Waa as fOllows:
Publicly expressing, in violation of General Order
No. 49, from headquarters Department Of the Ohio hi
sympathy for those in arms against the Government
the United States, declaring dibloysl sentiments and
opinions with the object and purpoie Of weakening the
power Of the Government in its efforts to suppress an
unlawful rebellion.
The specification adduced by tho Judge adyo
cate Ia support OF this charge is in tho follow.
ing terma:
In this that the said Clement L. vallandigham a cit
issn of tho State OF ONO, about the FIRST day o
May, 1863 a. Mount Vernon Knox county, Ohio, did
publicly address large meeting OF citizens did ut
ter sentiments In words or In effect follows. De
caring the present war "a wicked cruel and unneceg
say war;; "a war not being waged for the preservation
OF the Uni0n, "a war for the purpose OF crushpg ou
liberty and eTeciidg despotsm" "a war for the ffs
dom OF The blacks and the enslaVemen OF the whtes
stating that II the Administration had wished, the
could have been honorably terminated ago
that peace might have been h0noraby obtained by lis
tening to the proposed iuermediaon Of FTance that
& , ,h ~ v'h n,I sno " oaeS could DC
the Consttuon had been reeoted the dav hetoIs ,ss
late battle Of Fredericksburg byLincoln and his min
ions,' meaning thereby the President OF the United
,h nna,rmsn, ni ne ni,sd s,an. ensgns 'nat
point military marshals in every district 10 resIran
the people of their Liberties, to deprive them Of
.hef d nsntS ANA PsVi,eses. ohar4eterizng Gen.
the Ohio, as "a base Ssurpation pf stht,,S" .,
authorty;' inviting his hearers to ynsst the same by
saying the sooner the tpeople inform the minions Of
,on NJ .ha,r ,ba hs,,sr " suGn reslc
he was AZ ali timea and unon all occasonS a
no ,yh,t he nnnId to defsat the attenn,s @ W
m bniid nm mnnsycbv nnon The SnIs - w. Dns naue
eInmentu asserting shat he ilrmIv bsiiaved a "ot
,nonthq ago thaI the men I'm nosar a 20 ~, ~ e sau
ss,aIish a ee',oti,m a., the c,,,,t w 10
onnyea,Iva thsn eyer s.,s,pd beiors - ~ a. anu y
o,,; ions and sa,tin,ents ba sraU los,, ~ so'
yayl Gnd s,oo7,rIa Mose ;o arm, S :, w. ~ e1 S
sy,,,nsUL and ooqted Gt l1d,ca Sn hi sno
oI,'p t ~, osr,, ~, .. o " ess' "eHeTS dts-
GoSs tg ~ sns GSgS,T ~ asG " liz sgpAy JeI
he I,ps Of Ua iand A'O'''0' I" 'e0'''
Nj OIJTTs Capt,in EIsver,h r,,.
- W. 49, IP -, oaP'sin n EIsVehth infantry.
,.
III Sii tnuS % seeu enuS tue charge nnn the
specinc@Uon' oven IL enuTeiy sustained by the
eViuenCe lS9 W mui'n IN snis inquiry we RAISE
NO quesuep/I seeh u cuhtIct mr. Fhl!anulgnhm,
O citizen OF Ohio, OF giving aid and comfort
10 the enemy" .r...
Nov this ofenso has, by the recent legisla-
tion OF Congresa, beeu made expressly cOgniza-
Bile by tho courts Of the United States. TAia
will appear from the following statute, being
"An acs to suppress instruction, to punish trea.
son and rebellion, and c0niscate the property
of rebels, and for other purpOsts," approved
July IL, 1862, and fCund in volume l2, chapter
l95, page 5o9 OF the Statutes at Large, as print.
ed by order OF Congress. We cite the sections
In IA toni (Nll
sEo. Q. and be IL further enacted, That ii any pc n.
son snail hsreS.er lnee set on loot assist or engage
~ ~, % OF ,nsueSuon s sgalnst the authority q
or comfort thereto, shall engage in or give aid and
comfort 10 any sueh existing rebellion or insuIecon.
anu NC convicted thereoi sncn person shall be punished
py lprsonmsnt ior PERIOD not exceeding ten years,
OF ny me hot exceeding Ten thousand dollars ana by
the liberation oi al his slaves, II aoy he have, by
both OF said punshments, at the discretion of the
court
SIC - anu Oe a. JarEher enacted, That every per.
son guilty oil either OF the olenses descrbed in this act
ne ioIoter incapable and disqualified 10 holl any
oince uu'er 'he on''ed STATES
The tribunal 10 taxa co0nizanoe ot .ucb o.aoo
and nusaliona d;unnctIu 60, 80. oAoo'
oIndin,, aect,or of ,hic ,'ou one COLL
ciuuinS eectioh vi tnle statute, as iolioWs:
Sac. n. And be IL further enacted That the cou,,s
Of the United staes shall have full power ia instine
proceedings make orders decrees process aud
m. '~ Nv '''' N-'o''
Ihih ID conclusive as 10 heJnrisdIction oil the
c0urtB OF the United States, aud of them aIDne
over The Offenae slla0ed IN have baon o,r, r,;t >
"a h,, AZ. V.IIonutsE wv" ''""rV
~ " W. u"I.
Bat Jhe lass congress did not stop hero. As
ii 20 shut the door against any such urOce.dinps
aa trosa iostitptsd no GanE.,I orno,I
- 49,. ,,t or-sr,,e,!! ~ o. ,oea 'oe' ~
PAsoOu "u "eo, @PP'o'eu Watcu 81 ioooj expressly
"reiAIing ~ hdOeds corpus ana regulating Judi
cial proceedings in certain c.ses.r T6e acc
tious nf ,hia Act rel.vant +, H. oo.. ~ a..
49,, - ~, '-0 " O''o '".v VI Mi'
NhhHhuIbuuln May oo iVunu On page 100 0l the
volume OF tho Statutes at Large as just printed
by order of Congress, and are ma ToII,wa: --
Be enacted oy the Senate and House Of Represent
dtt0e8 OF ne CledStateS or america in Congress as
senJLed That dutng the present rebellion tho pres
dent OF the United States, whenever, In his
the public safety may require is authorized TO sutpend
the privilege OF the writ OF hd6eaS corpus in any case
Me United States or am mart ther0of
The privilege has not been 80 suspended in Ohio
And whenever or wherever the said privilege shall be-
suspended aforesaid military or other officer shall
DO compelled IN 10 any writ of ka664s cOrans
return the body Of any person or persons aimed by
him by authority OF the President, but upon tne cert
cate under oath of the officer having charge of any one
detained that such person is detaned by MIN as pra-
Dner under authority OF the President, further pro
,eedings under the writ Of ha6eds COrDas shall
be suspended by the Judge or court having Ia
sued the said writ so long as said susD61si0,a
By Me President shall rem ia In force and
said rebellion continue. The privilege Of the wYr
tsdeLS CORPUS not having been suspended in Ohio A
follows that no adge In that State is authorized to aus
pend proceedings instituted under this writ. I
SKC. =, And 6e IL JHrthsT enacted, That the Seere
aTy OF State and the Secretary of War be ana hev ara
hereby directed soon MAJ be practicable 10 furnish
the judges Of the circuit and district courj Of the
a NuNN Nha n..N-G