The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1863-05-29
General Burnside's Response In TIA
Vallandigham Case.

From the New York Evening Post
Gen. Burnside's response to the Circuit
Court from which writ of habeas corpus
was asked in the case of G. L. Vallandig-
ham, arrested for reasonable words spok
en-, and tried by a military commission is
published on another page. 1t is so patri-
otto in spirit, so decided in it's expressions
of loyalty, and so nobly bold in taxing the
responsibility, that we almost dislike to
question its propriety. Yet wesee danger
GUS tallaces run through it which ought to
be exposed. Gen. Burnside will himself
be among the first to rectify his positions
as soon as it is made manifest to him that
they are wrong.
He assumes that because he and his sol
diers cannot indulge in wholesale criti-
cism on the policy of the government"
because it would be an otfense in him and
his officers to undermine the confidence of
the men in the perfect wisdom and integ-
rity of the Administration, therefore no
citizen has right to utter such criticism
But he tOrgets that persons {" in the mill
tary and naval service of the United
States" are subject to military law, while
the ordinary citizen is subject exclusively
to civil law. Military law is part of the
law of the land as well as the civil law;
but it is applicable only to a particular
class, and administered only by special
tribunals. Soldiers in service, cadets at
West Point, servants of officers and cit-
zens within the actual lines of the army
may be guilty of ofenses created by that
law and tried by its courts, but we doubt
whether it can be extended to others in
any case. Mr.. Vallandigham does not
belong to either ofthese categories.
Neither does it seem to us that martial
law, as it is called by English and Ameri-
can writer's, and the estate of siege" by
the French-a different thing from mill
tary law-has been proclaimed to exist in
the Department of the Ohio Or, even if
it has been proclaimed, we doubt whether
any authority under it can be exercised
against persons who are not Immediately
within the scope of active military opera
tons. 1t is at last an arbitrary application
OF military gOvernment-the government
of mere fOrce-which substitutes the will
of the commanding general for the COM
mon or municipal law, and which ought
not to he resorted to except in cases of alb
solute necessity. When domestic turbu-
lence and riot prevent the exercise of the
ordinary Jurisdictions, when the presence
OF contending armies drives out the inhabi
tants, when the behests of law are set at
naught by an entire district, there is Occa-
sion for the strong hand of military power.
But in other social conditions, the appeal
to it is unnecessary, and, in all probability
hurtful.
VallandighalA' S Otfenses, moreover, have
been as yet confined to the use of foolish
words. He calls Mr.. Lincoln bad names
he denounces the republican party; he
abuses Burnsides new military orders
and his example and his instructions are
exceedingly pernicious But alas we can
not, in the spirit of Ancharsis Cloots, hang
all the dastards and scoundrels at dis Gre
ton. Vallandigham has not, that we
hear, committed any overt act of treason;
he has not resisted the laws, though he
has perhaps counseled resistance, and I'M
til he has, his silly babbling like Brooks
and Woods, must be allowed to pass for
what it is worth. 1t is not likely to per-
suale more than few ignorant or malig-
nant men to do wrong. Besides, no gov
ernments or authorities are to be held as
above criticism or even denunciatiOn. We
know of no other way of correcting their
faults-spurring on their sluggishness, or
restraining their tyrannies-.h han by open
and bold discussion. How can popular
government, most of all, know the popu-
lar will, and guide its course in the inter
ests of the community, unless it be told
from time to time what the popular con-
victions and wishes are? Despotislns like
that of Louis Napoleon or the Gar OF
Russia, have no need of this inspiration
and control from the people because they
are not administered in the interests OF