The weekly Lancaster gazette. (Lancaster, Ohio) 1860-1863, 1863-05-28

an excuse or vindication. and go dark
with crime, as that which our bleeding
country is now called upon to confront
and for the suppression of W! icb all hsI
energies are demanded. Iis cause is 10
bs found in the unbailowed ambition Of
lpolitical sspiraDiS and agilators, who
boldly svOw their aim. not for the estab.
lishmeut Of a Governmen. for The better
security Of human nights. but one in
which all political power is TO be concen
trated in al odious and despoic oligar
chy, II is indeed copsolatary 10 know
that in most sections of Che North, those
who sympslhiz with the rebellion are not
so pumerous and formidable, az the ab-
Iprehensions af some would seem 10 iudi.
cate, 1t msy be assumed / trust, that
in most OF the Northern States, roli.bIe
and unswervipg patriotism is the rule,
and disloyalty aud treason the exception
But thore should be no division Of senti
ment upon this momsnruous question. -
Men should know, and lay the truth 10
their heart. that there is course Of con.
duct not involving overt treason, aud rot
therefore. subject to punishment as su ch
which nevertheless implies moral guilt
and gross oIfcnse against their eoun-.
try. Those who live under tho protsc-
ton and enjoy the blessings oi our be-
nignsnt Government, must learn that they
cannot slab its vitals with impunity.-
If they cherish hatred and hostility to il,
and desire its subversion. let them with.
draw from its Jurisdiction, and seek the
fellowship and protection OF those with
whom they are in sympathy. II they
remain with us, while they are not OF US
they must be subject 10 such a course VI
de-ling as the great laW Of sell. I.pressrvs
: lion prescribes and will enforce. And
let hem not complain, if the stringent
doctrine of military necessity should frd
them TO te the legitimate subject Of It's
action. have no fears that the reccg-
milton OF this doclrine will le, 10 arbi-
tary invasion Of the personal St security, or
personal liberty oi the citizen. 1t is rarr
Indeed that charge Of disIoyalty will be
made upon insufficient grounds, But il
there should be an occurrance it is not to
be pnt in composition with the rrtsrIva-
ton Of The life Of the nation, And | con.
Tess am but little moved by tho eloquent
appeals Of those who, while they indig-
nantly deuounce, violations Of personal
liberty. look with no horror upon a des-
potsm as unmitig4 ted as the world has
. ever witnessed.
But caono. persno this subject fur
ther. | am aware there ara points made
by learned counsel representing Mr.. Val,
landig ham, 10 which haYe not sdver.
ted. | have had neither time nor strength
for more elaborate consideration Of the
questions involved in this application
For The reasons which have not AL
tempted to set forth, am led clearly to
the conclusion that ! cannot judlcially
pronounce the order Of General Burnside
for ;he arrest of Mr.. ValIandigham as a
nullity. and must. therefore, hold that NJ
sufficient ground has been exhibited lor
granting the writ applied for. And ]
may properly add here. that am fortified
in my conclusion by tte fact just brought
TO my notice, that the Legislature of Ohio
at its last session, has passed Two statutes,
IN which the validity and legality Of ar
rests in this SAFE under military author.
ity are distinctly sanctioned,
, This is n clear indication Of the opin,
ION Of that body OF The tights and liberties
Of the people are not pnt in jeopardy by
the exercise of the power in question
and is, moreover, concession that the
present state OF the country requires aud
justi6es its exercise. 1t is clear inima
I'on that the people Of our patriotic Stale
will sanction such construction Of the
Constitution as. without clear violation
of its letter, will adapt it to the existing
emergency.
There is one other consideration to which
, | may, perhaps, prop-rly refer, not as a
reason for refusing tie writ applied for
but for the purpose Of saying that, il
granted. there is no probability that il
. would be available in relieving Mr. VAL
. landigham from his present position. 1t
is, at least, morally certain 1t would not
be obeyed. And l confess am some
what reluctant TO authorize a process
knowing it would not he respected, and
that the Court is powerIess to enforce
obedience. Yet il satisfied there were
sufficient grounds for The allowance o.
= the wit, the considerations 10 which
havo averted would not be conclusive
against it.
Mr.. Pugh then drew up an entry 10 be
made upon tbs records, which Judge
Leavits accepted aud ordered 10 be spread
upon the minutes, The Court then Ad'
journed.
A DEMocEArIo Toll GATE KEEPER. A
few weeks since as Messrs VaIlandigham
lond panblofon wnra nOinO IN n onr,i.uu