The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1863-05-21
Becislon in the Vallandigham Habeas Cor
pus Case.
FUDGE. LEAyITT's REASONS FOR REFUSING TO IsSU
THE WRIT.

The Cincinnati Times Of Saturday evening last
has the following abstract Of the decision of Judge
Eeavitt, refusing the application of c. H. Valan
,dgham for writ of habeas corpus
After general statement of the case, which
need not be repeated, as all the particulars are
familiar to readers, the Judge remarked that
she doctrine was we'll established, that the writ
could not issue of course, but only on sufficient
ecaase shown He then referred to the Rupert
,case, decided in the court in October, 1862,
which was substantially the same as the present,
IN which the writ was disaowed. That was made
with the concurrence of Judge Swayne, and he
scoud not reverse it if he would. The fact that
sf Aupert a pnblic man did not change the
q" aspect of the case. .r.
.igg Yhe ground for the application was that Mr..
Wallaudigham was not in the military or ma
, "a, service, and was consequently not amenable
IS GO the military authority, and the constitutional
provisions for the protection of liberty were read
b. 10y counsel. and commented upon at length
" But says the Judge, the Court cannot shut its
eyes to the grave fact that war exists, threatening
the subversion and destruction of the Constitu-
rsioa itself. In my judgment when the life of the
republc is Imperfect, he mistakes his duty and
D. obligations of patriot who is not willing to con.
ocede to the Constitution such capacity of adapt
aticn TO circumstances may be necessary to
meet great emergency and save The nation from
helpless ruin. ...s i.n,l
e.. BELL preservation IS paramount law, which
nation, we'll individual, may find it neces,
:sary TO invoke. ron ..,' '
~ q. Our fathers, foreseeng the result of ambitious
schemes tor ACKNOWLEDGEMENT, provided for just
such an emergency as the present, BY granting
Congress power to raise and support armies and
ito create navy.~When they made these grants
Hs shav nF do - ~.
conferred, in order to give the clauses effect The
si rebellion of 1895 called for the enactment of a
law IN pursuance Of these provisions OF the Con-
stltution, and 1t was enacted. 1t under this
atatnte that the President issued his call for VOL
s5s unteers after the bombardmentsof FortSumter.
1t is rot to be disguised that the country is lin
ns Gmminent danger, and that the crisis demands of
every American citizen a hearty support of all
proper measures for the restoration of the Union
and the return of an honorable peace. 10 The
President may not be the man of our choice, and
7his measures not be such all can fully approve;
Ell, but taese minor considerations and excuse no
&ne from the paramount obligation Of lending his
aid to the salvation Of the county All should
remember That no evil is so great as disunon. !,
G is clearly no time for any one connected with
sar theSuocla department of the government to al
Aes low himself, except from the most stringent OBJ
legations of duty, to thwart the executive in his
hls efforts to deliver the country from the dam
gers watch press so heavily upon it. If General
Burnside has exceeded his authority, tits the du-
a. rty of the President to apply the remedy. The
President being Commandern-Cbi ef Of the army,
18anust Judge Of the military necessity. He is re-
h sponsble TO The country for violation of his du
ases, and can be impeached
n The power of the President undoubtedly i'm
q piles the right to arrest persons who mischief
aus and dis!oyal, thereby endangering the exist
Il lsa1e OF the Government, and the success of the
E2rmys and possessing it, he can delegate it to the
Ccmtnsnaer of Department ~l4L
verg Alartay ssw is defined TO be +" the will of the
military commander, operating without restraint
SAGE bis own Judgment, upon the entire socla
& aud individual condition OF the people" 10 the
AFFECTION that no proclamation of martial law had
been issued, it need only be said that no such
q shingis necessary W. VI WV
XIV A high euogy on the capacity and ltegrity o.
over Gen Burnside is here pronounced.
- IN he then adds " Artful and designing poll
riciaus, Disgusting their latent treason dnder ho-
low pretenses of devotion to the Union were
striving to disseminate their pestential heresies
among the masses of the p9ople. The evil was
AI one OF alarming magnitude, and threatened seri-
4susy to impede the military operations of the
Government, and greatly protract the war;" 1t
xas with this fact before him, that Gen. Burnside
promptly issued his famous order No. SO, which
siad been brought to the notice of the Court. It'd.
- He would not dwell further upon it, and only
referred to it because Gen. Burnside, in hi man.
Nv aud patriotic letter to the Court, gave his
reason at length for issuing it. In the Judgment
W of the commanding General it was necessary, and
-, M, ,o~ ,udciary tn reverse n The le