Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1863-06-06
Respect for Law.

We quoted, a few days ago, She act OF
Congress, approved by the President on
the l7th of July, 1862, providing for the
trial and punishmentby the United States
Courts of all persons who "give aid and
comfort to the enemy in the way chnrg-
ed By General Burnside against Mr.. Val
landigham. We have also published the
law approved by the President on the Sd
day of March last, making it the duty of
the Secretary of War to furnish to the
Judges OF the Circuit and District Courts
Of the United States 'list of the names
of all persons, citizens of States in which
the administration of the laws has contn-
ucd unimparcd in the said Federal courts,
who are now, or who may hereafter be
held as prisoners Of the United States in
any fort, arsonsl, or other place, as State
or political prisoners.' We have shown
that the proceedings instituted by Gcncaal
Burnside against Mr.. Vallandigham are
in palpable violation of both these statutes
enacted by the last Congress and approx.
ed by the President to meet precisely such
a case as that raised by the alleged Ian
guagc and conduct of the accused.
1t is at this stage of these extraordinary
proceedings that we arc met by the fact
that the President, instead of fuashing the
entire indictment under which Mr.. Val
andgham was arrested by Gen. Burnside,
in ignorance of the law, has simply com.
muted the punishment illegally imposed
by the courtmartal by submitting banish-
mcnt to the South for imprisonment in
Fort Warren. And such decision on the
part Of the President must of course give
the sanction of the Executive to the mill
iary jurisdiction asserted by Gen. Burn
side, in disregard Of the law specially made
and provided for such cases. The Pres
ident cannot commute the punishment in
fictcd by court-martial without assum-
ing or implying that that court-martial
was legally seized of the criminal and
crime npon which it assumed to pronounce
sentence.
If the President has come to any such
decision, and from intelligence elsewhere
given it would seem that he has, we are
sure that he has forgotten the law signed
by him less than three months ago, for
we cannot believe that he would willingly
disregard that law in case which comes
so obviour within its scope that if it be
disrcgarded in the person CT Mr. Vallan-
digham the intention Of the National Ley
is!aturc and the express terms of the stat.
utcs must be practically nulliiicd.
We all remember that when General
Fremont issued his proclamation of the
3Oth OF August, 1861, confscating the
property and libcrating the slaves of Reb,
els, Mr.. Lincoln Immediately advised that
officer that "thc particular clause in rela-
ton 10 the confscation of property and
the liberation of slaves appeared to him
to be Objectionable in as non- con. formHy
TO Me act Of Congress pissed tile 9Th Of
last August upon Me same subjects - and
hence he ordered "that the said clause Of
said proclamation be so modified, held
and constructed, as to conform to and not
to transcend the provisions OH the same
subjec. contained in the act of Congress
entitled 'An act to coniscatc property
used for inSurrectionary purposes, ap-
proved August 6, 1861, and that said act
be published at length with this ORDER
Such was then the respect the President
exacted from his subordinates for the laws
of Congreas and the hankncss and
promptitude with which he interposed his
authority to rectify the error of a high
military commander impressed the public
at the time with fresh confidence in Mr..
Lincolns capacity, frmness and patriot
ism. If he then asserted Gas he still as
serts) in behalf Of the SHAREHOLDERS in
Missouri, all the rights to which they were
entitled by the existing legislation of Con-
gress, he ought surely TO be equally tena-
cious of the rights secuted by the law to
the citizens Of free States.
The error of General Burnside in as
sertng a military Jurisdiction over citi'
zen Of Ohio for words of Incorporate crit
icism spoke in public discussion is even
more grave and vital than that committed
by General Fremont; for it is an error
committed not only in violation ofspccial
statutes, but Of constitutional guarantees
as old as the rudimenIs Of civil liberty
The last Congress supposed that it haC
provided for just such cases as that Of Mr..
Vallandigham when it enacted the laws