New Oregon plaindealer. (New Oregon, Iowa) 1859-1866, 1863-07-17

whom application was made or behalf
Of Mr.. Vallandigham for writ Of ha
beas corpus. 49,"
On muck less proyication (as regards
the riding rough-shol over all consti
tutional principles) Lord Chatham ex
claimed, II rejoice my lords, that Amer
lea has resisted p And, as we hope
some vestiges Of free and legal govern-
ment may survive the Lincoln Presl
dencv, which unfortunately has halt its
aisaster-teeming course yet to run, we
heartily echo Lord Chatham's exclama
tion--we rejoice that America is re-
sisting.
If President Lincoln, backed by
Judge Ieavitt, is resolved that to the
end, as since the beginning Of this w@r
there shall be no law in the Union but
that of arms. then it must be felt, as
it is plainly beginning to he felt, that
there is no security for any man, or
any State, in that Union but in pre-
pairing against the last necessity Of
armed resistance to the unlimited pow
ers Of outrages asserted by the Fec eral
government on their liberties.
The provisions Of the constitution If
the United States, as amended within
a short perion after it's first establish
met, are distinct and positive against
any such extension of the lawless laws
Of war to persons not engaged in mill.
tarv service as that which has been
made IN the person of the eminent and
we don't doubt troubleso ne, spokesman
of the opposition party in Ohio in this
instance. The 5tb article of amend
ments to the constitution expressly pro
vides that mo person shall be held to
answer for capital or otherwise infa-
nous crime unless on presentment Of
indictment ef a grand jury, except in
cases arising in the land or naval for,
cee, or in the militia when in actual
service in the time of war or public
'anger.'' The same clause provides
that no person shall be deprived or
liberty without due process of law"
Our readers have seen with what
drum-head logic Gen. Burnside con
tended for the part Of reason for sup
pressing freedom Of speech out of the
army as we'll as in it; since the conta.
gion of civilian '',scontents might spread
within his lines if not extirpated every
where And Judge Leavitt defines
martial law (if that can be termed a
definition, which is the assertion Of a
power without limit, As "the will of the
military commander, operating without
restraint, save his own Judgment, up
an the entire social and individual con-
dition of the people, To the objection
that no proclamation of martial law had
been issued, it need only be sa,d, ac-
cording to this luminary of the law
that no such thing is necessary.
1t has come to this ,hen-that war
70 vindicate the constitution has led tc
the assumed necessity Of trampling its
plainest rrovisons under the honfs IF a
defeated but at home a despotic solaiery
that war to restore the Union has
} led to the violation Of every right re
served bv that Union in every State
which still remains in it's pale. Al
American pamphlet, published las
year in London, under the title O
"Thought. for the Times, Addressed
to the Considerate People Of the North
ern States" contained the following re
e markable- and remarkably prophetic
( passage. We can write nothing nov
more exactly fitting the situation !:
. "Do YOU know what clause in th'
constitution it may next please th'
1 President to violate, under the plea o
! necessity? Doyou know how soon,
? you indulge the undonbtcd privilege Q
: an American, in thinking Of the affair
a ofyour unhappy country, and speakin!
: what you think, it may he your lot t.
q have your house invaded at the dead 0