Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-08-19

been denounced as tyrannical and impoli- |
tic. Both would be denounced by the civil |
laws in time of pesee-both are justified |
by the laws Of war in time Of war. If in
time of war the acts of the citizen plainly
aid the public enemy, or Obstruct any of
the necessary operations Of the General, he
must suppress them. The danger must be
immediate, pslpable and pressing, and the
acts complained Of amount to an obstruc-
ton of military authority. So General
Burnside regarded the acts and speeches Of
Mr.. Vallandigham, and for these he was
tried by the only tribunal known to mill
tary law. Let us look at the facts.
PROCEEDINGS OF MILITARY AND CIVIL
COURTS.
General Burnside was charged by the
President with the defense Of Ohio, Ken
lucky and Indiana. Armed enemies were
making forays within his military district,
killing, robbing and plundering our citi-
zens. He had to depend upon his soldiers
and such citizens as could be induced to
repel and overcome these enemies But
for his army guerrillss under John Morgan
and other rebel chiefs could have overrun
the whole Of the States Of Kentucky, In
diana and Ohio, spreading everywhere the
horrors and desolstions of war. When
Vallandigham was arrested there were
open and secret organizations within this
State TO induce our soldiers to desert, to
protect them from arrest and to prevent
enlistments. This was known to General
Burnside, and to every other citizen. Val
lSndigham was actively engaged exciting
hostility to the Government, to the war,
and to all constituted authorities. Hear,
hear He had made himself infamously
prominent in opposing every measure of
national defense The true instincts Of
the rebels and of all at home who were
organized to resist the law, pointed him
out TO them as their friend and associate.
The sure instincts of every loyal soldier in
our army pointed him out as their enemy.
lTApplause.1 Cunning, malignant, and
yet covering his operations with the forms
of law, he wss doing all that one man
could to aid the rebels in their attempt to
overthrow the Government. Applause.
On the 18th of April last, General
Burnside issued General Order No. 38,
notifying that all persons within our lines
"who commit acts for the benefit Of our
country will be tried as spies and traitors"
After specifying differentmilitary Ofenses
that would be punished, he says: "The
habit of declaring sympathy for the enc
nv will not be allowed in this Depart
ment. Persons committing such offenses
will be at once arrested with view of be-
| ing tried as above stated, or sent beyond
our lines into the lines of their friends"
| A few days after this order was issued,
and when it was we'll known, Mr., Vsllan-
digham went TO Mt. Vernon and made a
speech. Upon that speech he was accused
or charged, in the ordinary form Of mill
tary accusation, "wilh publicly express
ing sympathy for tbsse in arms against
the Government of the United Strtes, and
declaring disloyal sentiments and opin-
ions with the object and purpose of weak
ening the power of the Government in its
efforts to suppress an unlaw tul rebellion"
On this charge he was tried before court
mainly composed of his political friends,
and not one member Of which he objected
to. The trial was open, witnesses were
examined on both sides, the facts were
plain, simple and scarcely controverted,
and he was found guilty. Guilty of what2
or aiding the public enemy in the time
of war, and of Obstructing our military
authorities in suppressing the rebellion.
He was guilty of precisely the Ofense of
John Morgan, JEFF. Davis and other rebels
except that his manner Of rendering aid
and comfort" to the public enemy was less
dangerous to him personally than theirs.
[Applause.
SOLDIERS DUTY.
Now what was the duty of General
Burnside under these circumstances
Should he allow this man to escape and
take some poor dupe who, through igno-
rance and the influence of his leader,
would probably go beyond the terms of
civil law? Should he allow this man, so
determined in his schemes Of treason, to
subvert his law and stir up sedition and
strife among ourselves "No; no"
There was NO doubt of this mans guilt.
He believed these acts plainly Obstructed
his measures Of defense. He considered
them far more injurious than the open acts
of murder and robbery committed by the
rebels-far worse than the desertion Of
soldier-meaner than the act Of 6 spy.
! 1Cheers. Should he be turned over to the
civil courts to be tried some time in the
future for treason, and in the meantime
free to sap and mine the authority of the
Government What do the rebels do with
loyal people under like circumstances
They hang them to the nearest tree.
What would they do to Governor Andrew
JohnstOn-that loyal man, that honest
patriot-if he should speak for the Union
TO his neighbors in East Tennessee. We
know by the fate of thousands Of brave
men. And yet this convicted traitor Of
ours, by the humanity Of our Government is
simply placed in safety beyond our lines
THE POWER OF THE CIVIL COURTS.
But it is said his offense was commit
ted in q region where the courts are spen
and the ordinary course of the civil law
is undisturbed. There are many offenses
that may be punished by military author
ity even in the midst Of the most peaceful
communities. The breach of discipline of
a camp, the act of spy, the desertion of
a soldier an attempted riot or mutiny, and
many similar offenses, are properly pun
ished by military authority even in the
presence of a civil court. The boundary
between these classes of OfFenses is not and
cannot be accurately defined nor is there
any danger to our liberties from this mill
tary power. The accused may apply to q
judge of competent jurisdiction for the
benefit of the writ of hdbeas corpus. The
/ iud s,o--rusr5s UtIoH UvUermIne Wn6Tner INC
writ has been legally suspended, and
whether the offense is a military or civil
one. This was done in the case of Mr.
Vallandigham. Judge Leavitt of the
United States Court, after a full hearing,
decided that the accusation was under the
Jurisdiction Of the military tribunals, and
the writ was therefore denied. The court
was one of his own choosing. He could
have applied to Judge Taney OF Judge
Swayne, but he chose Judge Leavitt, and