Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-05-21
THE VOICE OF REASON.


New York Evening Post, the following apprecia
tion of Gen. Burpsides proceedings in arrestine
and trying Mr.. Vallandgham, under martial law
for words of Incorporate criticism spoken in public
discussion. The observations of our influential
and able contemporary are so entirely in accord
with those we offered day or two ago that we cite
them for the qualification of our readers, as serving
to show that, in spite of the empty clamors raised
by Ignorance and servility, the Government still
has many enlightened friends who can address
themselves to its rather than to its passions
| Wequote from the Post of Thursday last:
Gen. Burnsdes response to the Circuit Court from
which writ of habeas corpus asked in the Of
Valandgham, arrested for reasonable words spoken
and tried by military COMMISSIONS published another
page Ii is patriotic in spirit decided in its express
son Of loyalty and noby bold taking the respons
hy, that we almost dislike TO question its propriety
Yet thuk dangerous falacies run through it which
ought to be- exposed. t N
"Gen Burnside will himself be among the Hrst to rec.
ty biz positions as s made manifest him that
they wrong He that because be and his SOL
ders may not indulge in Wholesale criticisms of the policy
of the Government because it would be offence in him
and his officers to undermine the confidence of the
the perfect wisdom and integrity of the Adminstrato
therefore no citizen has right to utter such criticisms
But be forges that persons n the military and naval
vice Of the United States subject to military law while
the ordinary citizen is subject exclusively to civil law Mill
ary law is part of the law of the land much the
civil law but it is applicable only to particular class and
admins tered only BY special tribunals Soldiers in SER
vice. cadets at West Point servants of officers, and c
within the actual lines of the army, may be guilty of
offences created by that law and tried by it's courts but
we doubt whether it be extended to others in any
case Mr. Vaandgham does not belong to either of these
categories
Neither does it to that martial law as it ia
called by the English and American writer's and the state
of sega" by the Frencha different thing from military
awhas been proclaimed TO exist in the department of
the Ohio Or, if it has been proclaimed, we doubt
whether any authority under it be exercised against
persons who not Immediately within the scope of
active military operations 1t Is at least arbitrary ap-
pication OF military government-he government of mere
frcewfich substitutes the will the commanding general
for the municipal law aud which ought
be resored to except in OF absolute necessity When
domestic turbuance and riot prevent the exercise Of the
ordinary Jurisdictions when the presence of coDtendng
armies drives out the inhabitants wbenhe behests Of law
are set at naught by entire district there occasion for
the strong hand of military power But other social
conditions the appeal to it is unnecessary and in all prob
ability hurtful.
"Valandigham's Offences moreover have been as yet
confined 10 the of foolish words He calls Mr. LncOn
bad names he denounces the Republican party he abuses
Burnsdes new military orders aud his example and his
instructions are exceedingly perncious. But, alas, we
cannot in the spirit Of Anacharss Kootss demand hang
all the dastards and scoundrels discretion Vaandi
ham has not, that hear, committed any overt Of
he has not resisted the laws though he has
baps counseed resistance; and until he does his silly bab
bling oke Brookss and Woods must be allowed to pass
/ more
than few ignorant malignant men to do wrong Be.
sdes, governments and authorities be held al
above criticism denunciation. We kaow Of nc
other way of correcting their ous spurrng their tlug
gishnefs restraining their rannies than by open aud
bold discussion. How popular Cover nment most oil
ALL know the popular will and guide its course in the in
terests Of the community unless t be told from time to
time what the popular convfcons and wishes are Des-
posms Ike that OF Louis Napoleon the Gar OF Rus
have need Of this Inspiration from the
people, because they administered In the inte
Of he 10 of A sinUle a
which very well manage its own affairs But re-
public lives alone 10 it's fidelity the sentiments Of the
whole nation.
"Abuses and license. of course adhere to this unlimited
freedom of public criticism but these apparently
eparabe from the use, and without the abuse should
scarcely have the use H question too wboi to draw
the line between the use and the abuse outsde
established for the detection and punishment of all oeDces
II Valandghams peace treas0nable may not
Greeeys be equally 60 II he cannot arragn the conduct
OF the war, Mr.. schak, who has written book ON
strategy which the severest arragnment Of il vet print
ed Ii he may question the Justice or the proprety
Of Bnnsdes orders may the Evening Post thousand
other Journals venture to hint doubt Of the
military abilities Of Gen Haeck7 We know Ii may be
said that bis motives bad and reasonable while thoss
Of the others loyal; but tribunals and comm sons
caDno inquire into motives Deeds tangible bat not
thoughts,
"0ur article is already too long or We should like to
add line Of the punishment meed to this Western
demagogue. He has been sentenced it is said TO two
years confinement 10 the Tortugas Islands 1t is penal
ty which will make hun martyr, and rouse his old friends
and others to earnest expressions Of sympathy He ought
merely at the most to have been beyond our lines To
the rebel friends whom he much admires and serves
and the change would have been gain to u.s. no great
gam TO them Nor, supposing the rghtuness Of the iu
rlsdciion, could any have complained OF sentence
which mercifuy confines the culprt to the agreeable 80
| ciety OF his kiGdf"
To these sensible observations Of the Evening
Post on the law and right of the case, we append
the following practical reflections of the New York
Tribune to the same purport
"Mr. Clement l.. vsandigharn is a Pro.sayery Demo.
crat Of an exceedingly coppery hue. His politics are as
bad IS bad can be- Ii there penalties for holdnQ
irrational unpatroc, aud inhuman views with regard to
political questions, he would be one of the most aerant
Offenders. But Federal and State Constitutions do
not recognise perverss opinions unpatroc
grounds of irfction, beyond the inf ction of the
speeches themselves and then the hearer suffers the penal
", not the speaker So don't exactly see how Mr.
ia to be lawfully punished tor making bad speech unless
by compelling him 10 mSkeit to empty seats
We fully agree with Gen. Burnside that Val ought
not to make such speeches that he ought to be
OF himstlf bnt then he ui make them and ,oont be
ashamed-so what will you do about it7 Send him TO
the Dry Tortugas says the Gehersprobaby as hint to
him to dry up Set him over into Dixie the Presi.
deat sad to suggest as an alternative But this s the
worst Joke MT Lincoln has yet made.
Mr Vaiandigham wants TO run for Governor of Ohio
next fa and we hope he will Now that the soldiers are
to vote we couldn't have better Democratic candidate
And as Gen Burnside has probably secured bis nomna-
hon we pray the President to pardon him and turn him
,oose re can De 80 useful no where else speaking
through the State cf Ohio