Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-05-13

Il
tain me, Why should such speeches from our
own public men be allowed7
The press and public men In great emer-
gency like the present, should avoid the uae Of
| party epithets and bitter invectives, and dis
courage the organization of secret political 60
cieties, which are always undigni6ed and dis
graceful to free people, but now they are alb
solutely wrong and injurious; they create dis
sensiona and diecord, which just now amount to
treason. The simple names /" Patriot" and
"Traitor" are comprehensive enough.
| AZ before said, we are In state Of civil
war, and on emergency is upon us which re.
quires the operations Of some power that
moves more quickly than the civil.
| There never was war carried on successful
ly without that power.
IL is said that the speeches which arc con-
demned, have been In the presence Of large
bodies Of citizens, who, IL they thought them
wrong, would have then and there condemned
them. That Ia no argument. These citizens
do not realize the effect upon the army Of our
country, who are iks defenders. They have
never been in the field never faced the enc
mics OF their country never undergone the
privations Of our soldiers IN the field and be'
sides they have been in the habit Of hearing
their public men speak, and as q general thing
OF approving Of what they say therefore, the
/
and upon the public press, and IL beh0oves them
to be careful as to what they say. They must
not use lceose and plead that they are exer-
cising liberty. In this Department IL can not
be done. shall use ell the power have to
break down such license, and | am sure will
be sustained In this course by all honest men.
At all events will have the consciousness, be-
fore God, OF having done my duty TO my coun-
try, and when am swerved from the perform
anoe of that duty by auy pressure, public or
private, or by any prejudice, will no longer be
o man or patriot.
| again assert, that every power polsess on
earth, or that is given me from above, will be
used In defense of my Government, on all oc-
casions, at all times, and in all places within
this Department. There ia no party-no COM
munity-no State Government-no State legls.
lative body--no corporation, body of men that
have the power TO inaugurate war policy that
has the validity of law and power, but the con.
stituted authorities OF the Government of the
United States; and am determined to support
their policy. IL the people do not approve that
policy, they can change the constitutional au-
thorities of that Government, at the proper
tlme and by the proper method. Letthem freely
discuss the policy in proper tone; but my duty
| requires me to stop license, and Incorporate
discussion, which tends to weaken the authority
Of the Government and army; whilst the latter
is In the presence of the enemy-it is eowardly
80 to weaken It. This license could not be used
in our camps-the man would be torn in pieces
who would attempt it,. There is no fear OF the
people losing their liberties; We all know that
to be the cry of demagogues, aud none but the
ignorant will listen to it.; oil intelligent mon
know that our people are too far advanced in
the scale of religion, civilization, education aud
ffnpdnm I'm nj N
fere with their liberties; but this same advance
ment in these great characteristics of our people,
teaches them to make all necessary sacrifices
for their country, when an emergency requires.
They will eupp0rt the constituted authOsitiea of
the Government, whether they agree with them
or not. Indeed, the army itsell is part of the
people, and e 30 thoroughly educated In the love
OF civil liberty, which 10 the best guarantee for
the permanence of our republican institutions,
shat il would itself be the frat to oppose any
attempt to continue the exercise OF military
authority att er the establishment of peace by
| tue overthrow of the rebellion. No man on
| earth can lead our citizen sodierY to the es-
| tsblishment OF military deepotism, and no
man living would have the folly to attempt it.
10 do 30 would be to seal his own doom. On
this point there can be no ground for appfehen-
sion on the part oil the people
1t is said that we can have peace il we Law
down our arms. All sensible men know this
to be untrue. Were it 60, ought we to be go
coWardly as TO lay them down until the author
ity of the Government Ia Acknowledged
IL beg to Cal upon the fathers, mothers, broth
eTs, asttrs, sons, daughters, relatives, friends
aud neighboFs OF the soldiers In the field TO aid
me in stopping this license and Incorporate
discussion, which 10 disc0ursgiug our or mics,
weakening the hands Of tie Government and
thereby strengthening he enemy. II we u.e
our honest efforts, God will bless us with glo-
rious peace and united country, Men OF eve
ry shade OF opinion have the same vital inter
est in. tine suppression OF this rebellion; ioF
should We fail in the taek, the dread horrors OF
o ruined and distracted nation will fall alike on
ali, whether patriots or traitors
These are substantially my reasons for issu-
| ing "General Order No. 49," my reasons for
the determination to enforce it, and also nv
reasons for the arrest OF the Hon. G.. l.. VAL
landigham IN for a supposed violation OF that Or
der, for which no has been tried. The result of
that trial Ia now in my hands
la enforcing this order, Gan be unanimously
sustained by the people, Or Can be opposed by
| factioue, bad men. ln the former event quiet.
ness will prevail; in the latter event the rtspon-
BlbiliIy and retribuiiOn will attach to the men
who resiss the authority, aud the neighborho0ds
| that ALLOW IL.
All OF which 10 respectfully submitted
| A. f. BURNSIDE,
Major-General Commanding Department Of
the Ohio.
Mr.. Pugh thea resumed his argument 10 sup
port of hs moion and spoke for nearly three
hours. We fad it impossible to give anything
like sketch or synopsis of his remarks, the
whole Of which went to show that the arrest,
trial and confinement of his client was without
authority Of Law, and that not even Congress
or the President had the right to deprive him
OF his liberty, much less an officer who was
merely the creature Of the Government. He
4 contended that his client could only be deprived
OF his liberty by due process oil law, and then
only on the presentment or indictment of o
Grand Jury. He quoted freely from the Con-
stitution and various legal authorities, In cup.
port OF bis argument.
Mr.. A. Il. Perry followed on the part of
Gen, Burnside, in clear and able legal argu-
ment. He said he had no instructions from
Gen. Burnside, but that the General desired
that the question should be July discussed as
to his power and duties IA commander 10 the
field. He said he considered the etatemsnt OF
Gen. Burnside unnecessary, but that 1t did not
profess to be defense OF HE course, but Wae
simply given to the Court to make known the
principles upon which he was acting.
Without concluding the argument, the Court
adjournd to this morning at half-pass ter
o'clock.