Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-05-19

tion, that the page Of history will be searche
Ia vain for an example of rebellion 30 who'll
destitute Of excuse or vindicatiop, and 40 dar
with crime, as that which our bleeding counlr
Ia now called upon to confront, and for the sup
preston of which all her energies are demand
ed. Its cause Ia to be found in the unhallowet
ambition of political aapirants and agitators
who boldly avow as their aim, not the establish
ment of Government for the bett'r security
of human rights, but ono In which all politica
power ia to be concentrated In an odious anC
despotlc oligarchy. IL Ia indeed consoatorI
to know that in most sections of the North
those who sympatbize with the rebellion
are not 80 numerous or formidable as tht
apprehensions of some would seem to indicate
II may be assumed, l trust, that 10 mos
Of the Northern States, reliable and un-
sWerving patriotism Is the rule, and dialoySl
ty and treason the exception. Bat there ehould
be no division Of sentiment upon this moment
ous question. Men should know, and lay The
truth TO their hearts, that there is q course oil
conduct not involving overt treason. and uo'
therefore subject to punishment as such, which
nevertheless Implies moral guilt aud gross
ofPenee against their country. Those Who live
under the protection and enjoy the blessings Of
our benignant Government, must lesrn that
they can not stab its vitals with impuuity II
they cherish hatred and hostility TO it, and de
sire its snbversion, let them withdraw from its
Jurisdiction, and seek the felloEehip aud pro-
tection of e. ose with whom they sre in sympa-
thy. IL they remain 1lh us, while they are
not Of us, they must be subject to such course
Of dealing as the great law of sef-preseryation
prescribes and will enforce. Aud lot them not
complain, II the stringent doctrine of military
necessity should find them to be the legitimate
subjects of it's acLion. | have no fears that the
recognition of this doctrine will lead to the ar
bitrary invasion of the personal securlty or per
sonal liberty Of the citizen. l. ia rare, indeed,
that charge Of disloyalty will he made upon
insufficient grounds. But If there should he IN
occasional mistake, such an occurrence is not to
be put IN competition with the preservation of
the life of the nation. And confess, am but
little moved by the eloquent appeals Of those
who, while they Indignantly denounce viola
tions OF personal liberty, look with no horror
upon despotism as unmitigated as The world
has ever witnessed,
But can not pursue this subject further.
am aware that there are points made by the
learned counsel representing Mr. Vallsndig-
ham, to which / have not adverted. have
had neither time nor strength for more
elaborate consideration of the questions in
which | have attempted 10 set forth, | am
led clearly to the conclusion that | can not
judicially pronounce the order of Gen. Burnside
for the arrest of Mr.. Vallsudgham as a nullity,
aud must, therefore, hold that no sufficient
ground has been exhibited for granting the writ
applied for. And may properly add here, that
am fortified 10 my conclusion by the fact Just
brought TO my notice, that the Legislature of
Ohio, at iss late session, has passed two statutes,
in which the validity and legality Of arrests In
this State, under military authority, are dis
tncily sanctioned. This is clear Indication
OF the opinion Of that body, that the rights and
liberties of the people are not put 10 Jeopardy
by the exercise uf the power In question, and is,
moreover, concession that the present state of
the country requires and justifies it, exercise -
1t Ia clear iptimation that the people of our
patriotic State will sanction such construction
OF the Constitution as, without clear violation
OF ts letter, will adapt 1t to the existing emer
gencys
There is one other Consideration TO which |
may, perhaps, properly refer, not 40 a reason for
refusing the writ applied for, but for the purpose
OF saying that, If granted, there is no p,obabil-
ity that IL would be available in relieving Mr..
Va!landigham from his present position. 1t is,
at least, morally certain ii would not be obeyed.
And confess l am somewhat reluctant to au-
thorlze o process, knowing1t would not hs re-
spected, and that the Court Ia powerless TO en-
force obedience. Yet, If satisfied there were
sufficient grounds for the allowance of the writ,
the consideration to which have aVerSed would
not be conclusive against Il.
Mr.. Pugh then drcw up an entry, to be made
upon the records, which Judge Leavitt accepted,
and ordered to be spread upon the minutes The
Court then adjourned.