Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1863-05-26
Decision in the Vallandigham Habeas Cor.
pus Case.
JUDGE LEAvrrT's REASONS FOR REFUSING TO ISSUE
THE WRIT.


The Cincinnati Times of Saturday evening last
has the following abstract Of the decision of Judge
Leavitt, refusing the application Of c. l.. Vallan.
digham for writ Of habeas corpus
"Aher general statement Of the case, which
need not be repeated, as all the particulars are
familiar to our readers, the Judge remarked that
the doctrine was well established, that the writ
could not issue Of course, but only on sufficient
cause shown. He then referred to the Rupert
case, decided in the same court in October, 1862,
which was substantially the same as the present.
in which the writ was disallowed. That was made
with the concurrence Of Judge Swayne, and be
could not reverse il II he would. The fact that
Rupert was pnblc man did not change the
aspect Of the case.
The ground for the application was that Mr..
Vullandlgham was not in the military or ma
val service, and was consequently not amenable
10 the military authority, and the constitutional
provisions for the protection Of liberty were read
by counsel. and commented upon at length
But, says the Judge, the Court cannot shut It's
eyes to the grave fact tina, war exists, threatening
the subversion and destruction OF the Constitu-
ton itself. In my judgment when the life Of the
republ is imperiled, he mistakes his duty and
obligations Of patriot who is not willing to con-
cede 10 the Constitution such capacity Of adapt
aticn 10 circumstances as may be necessary to
meet great emergency and save the nation from
helpless rain.
Self preservation is paramount law, which
nation, as well an individual, may find ii neces,
sary to invoke
Our fathers fore'eeing the result Of ambitious
schemes TOR aggrandizement, provided for Just
such on emergency as the present, by granting
Congress power to raise and support armies and
to create navy. When they made these grants
hey we're aware Of the magnitude Of lhe powers
conferred, in order 10 give the clauses effect. The
rebellion of 1895 called for the enactment Of
law in pursuance OF these provisions OF the Con-
stltuton, and it was enacted. 1t was under this
statute that the President issued his call for vol.
unteers after the bombrdment Of Fort Sumter.
ii is not to he disguised that ths untry is in
imminent danger, and that the crisis demands Of
every American citizen hearty support of all
proper measures for the restoration Of the Union
and the return Of an honorable peace. The
President may not be the man Of our choice, and
his measures not I've such as all can fully approve;
but these are minor considerations, and excuse no
one from the paramount obligation Of lending bis
aid to the salvation Of the country. All should
remember that no evil is so great disunion.
IL Is Clearly no time for any one connected with
the judicial department Of the government to al.
low himself, except from the most stringent OBJ
legations OF duiy to thwar the executive in bis
his Efforts 10 deliver the country from the dam
gers which press no heavily upon il. II General
Burnside mas exceeded his aui ority, il is the du-
iy oi the President TO apply the remedy. The
Presld, ut being Commander n-Cbiei OF the army,
must judge of the military necessity. He is re-
sponsi0l- TO the counir, for violation of hi, du
lies, and can be lmpesched.
The power Of the President undoubtedly i'm
plies the right to srre't persons who are mischiey-
Gus and disoyal. thereby endangering the exist.
ence of th- Government, and the success OF the
army and possessing It, he can delegate 1t 10 the
Commander OF Department.
Martial law is defined TO be " the will OF the
military COMMANDER, operating without restraint,
save his own judgmrnl, upon the entire social
and individual condition OF the people" 10 the
objection that TO proclamation OF martial law hsd
been 'ssutd, it need only be said that no such
thing is necessary.
Gen. Burnside, is here pronounced.
lie then adds AIiul a. d designing poll.
ticians, Disgusting their latent treason Jnder hol-
low pretenses OF devotion to the Union, we're
striving to disse inmate their pestenrial heresiss
among the masses Of the psople. The evil was
one OF alarming magnitude, and threatened seri-
ousy to impede the military operations Of the
Government, and greatly protrsct the war;" 1t
was with this fact before HIN, that Gen. Burnside
promptly issued his famous order No 3S, which
had been brought to the notice Of the Court
He would not dwell further upon il, and only
referred TO it because Gen. Burnside, in bis man.
y and patriotic letter to the Court, gave bis
reason at length for issuing IT, In the judgment
Of the commanding General il was necessary, and
it was not ior lh. judiciary to reverse ii. The lie.
gality OF the arrest depends upon the extent Of
the necessity for making il, ana that was 10 be
determ ned by the military commander.
And here, without subjecting myself to the
charge Of touching upon the domain Of political
discussion, may b. indulged in the remark that
there is too much Of the pestilential leaven Of
dis. yalty in the community. There is a class Of
men in the loyal States who seem to have no ust
appreciation of the deep criminality Of those who
Cover ment and the establishment of Southern
Coniederacy. They have not, fear, risen to any
right estimate Of their duties and obligations as
American cilizens, to a Government, which has
strewn its blessings with profuse hand.
may venture assertion that the page OF
history will be seached in 10 for an example OF
rebellion so wholly destitute Of excuse or vindi-
cation, and so dark with crime as that which our
bleeding country is now called upon to confront,
and for the suppression Of which all her energies
are demanded. It's cause Is TO be ionnd in the
unhallowed ambition Of political aspirants and
agitators, who boldly a,ow as their aim, not the
establishment OF a government for the better Sc
curi,y of human rights but one in which all polit-
icll power is to be concentrated in an odious and
despotc oigarchy. II is, indeed. cpnso latory TO
know that in most sections Of the North, those
who symlath;ze with the rebellion are not so nu.
merous or formidable as the apprehensions Of
some would seem TO indicate.
II NAV be assumed, trust, that in most OF the
Northern States, reliable and un,werving patriot
ism is the rule, and dish ysy and treason the ex-
ception. But there should be no division OF sen
men, upon this momenlous subject. Men should
know, and Icy the truth to heart, that there is
course Of conduct not involving overt treason, and
no, therefore sutjec, to punishment as such,
which, nevertheless, implir, moral guilt, and a
ross oifense against the eou' Try. Those Who live
under the projection, aud enj'y the blessings OF
our bengnant gov,rnm nj must learn that they
cannot stab lts viials with impunl.y. hbey cherish
hatred aud hostility to il, aud desire subverslon, let
them Withdraw from il. jurisdiction, and seek tn
fellowship and protection Of those With whom they
are in sympathy. II they remain with us, while
they are not oil us, they must be subject TO snch
course oi dealing as the great law Of sell preserva.
49,, al .t,l ..t.,a. An l.i than,