The Ohio Democrat. [volume] (Canal Dover, Ohio) 1840-1900, 1863-06-12
TIE LAW THE CASE.


arrest, trial and conviction of Mr.. VAL
landigham, on the charge of giving aid
and comfort to the enemy We think it
proper, in view of the interest attaching
to this question, considered as one Of
law rather than military cuprice, to place
distinctly before our readers the points
on which it turns.
The charge brought against Mr.. Val.
landigham was as follows:
Publicly expressing, in violation of General
Order No. 3S, from headquarters Department
of the Ohio, his sympathy for those in arms
against the Government Of the United States,
declaring disloyal sentiments and opinions,
with the object and purpose of weakening the
power of the Government in its efforts to sup
press an unlawful rebellion.
The specification adduced by the Judge
advocate in support of this charge in
tine following terms:
In this, that the said Clement L. Vallandig-
ham, a citizen Of the State of Ohio on or about
the first day of May, 1868, at Mount Vernon,
Knox county, O., did publicly address large
meeting of citizens, and did utter sentiments in
words or in effect as follows Declaring the
| present war "a wicked, cruel, and unnecessary
war;" "a war not being waged for the preser-
walton of the Union," "a war for the purpose
of crushing out liberty and erecting a despot-
ISM" "a war for the freedom of the blacks and
the enslayement of the Whites" stating "that
if the Administration had so wished, the %Sr ...r
could have been hOnorably ter%!..lated months
ago., that "DHsto might have been hororably
9ota!aed By listening to the proposed interme
diation Of France" that propositions by
which the Southern States could be won back
and the South guaranteed her rights under the
Constitution had been rejected the day before
the late battle of Fredericksburg by Lincoln
and his minions;" meaning thereby the Pres.
dent Of the United States and those under him
in authority" charging "that the Government
of the United States were about to appoint
military marshals in every district to restrain
the people of their rights and privileges" -
Ch0racteliSing General Order No. SO, Head.
quarters Department of the Ohio, as ia base
usurpati0n Of arbitrary authority" inviting
his hearers to resist the same by saying "the
sooner the people inform the minions of usurp-
ed power that they will not submit to such re-
SNiAS'lpho NHDh NuSll llOSltOo tuS DGllNl' -
Declaring "that he was at all times, and upon
all occasions, resolved to do what he could to
defeat the attempts now being made to build
up monarchy upon the ruins of our free gov
ernmont;" asserting "that he firmly believed,
as he sail six months ago, that the men in
power are attempting to establish a despOtism
in the country more cruel and more opprcs.
siye than ever existed before" All of which
opinions and sentiments he well know did aid,
comfort and encourage those in arms against
the Government, and coull but induce in his
hearers distlust Of their own Government
and sympathy for those in arms against it,
and disposition to resist the laws of the land
J. NJ, QUITS, Capt llih Infantry,
Judge Advocate Department of the Ohio
1t will thus be seen that the charge
and the specification, even if entirely
sustained by the evidence (aS to which
in this inquiry we raise no question:
seek to convict Mr.. Vallandigham, a
citizen of Ohio, of "giving aid and com.
fort to the enemy"
Now this ofenSe has, by the recent
legislation of Congress been made ex-
preSsly coguizable by the courts of the
United States. This will appear from
the following statute, being "An act to
suppress inSurrection, to punish treason
and rebellion, and contiscate the proper
ty of rebels, and for other purposes" ap.
proved July II, 1862, and found in vol.
nme IL, chapter 1856, page $50 of states
at large, as printed by order of Con.
greSs. We cite the sections relative to
this topic, aS follows;
SEC. q And be ii further enacted, That if
any person shall hereafter n1ite, set OH foot
assist or engage in any rebellion or insurrec-
ton against the authority of the United States,
or the laws thereof, or shall give aid or com
fort thereto, or shall engage in or give aid or
comfort to any such existing rebellion or i'll
surrecton, and be convicted thereof, such per-
son shall be punished by inn ris )nment for q
period not exceeding ten years, or by Il fine not
exceeding ten thousand dollars, and by the
liberation Of all his slaves, if any he have, or
by both of said punishments, at the discretion
Of the court
Sec. 3. And be it further enacted, That cy-
cry person guilty of either of the offensive de-
scrbed in this act shall be forever incapable
and disqualified to hold any office under the
United States.
The tribunal to take cognizance of
such cases and questions distinctly ap.
pears from the concluding section of the
statute, as follows:
SEC. IA. And be it further enacted, That
the courts of the United States shall have full
power to institute proceedings, make orders
and DEGREES, issue process and do oil other
things necessary to carry this act into effect.
This is conclusive as to the iurisdc.
ton of the courts Of the United States,
and of them alone, over the effense al,
legged to have been committed by Mr..
Vallandigham.
But the last Congress did not stop
here. AS if 10 shut the door against
any such proceedings as those instituted
by Gen. Burnside, it passed an act, ap-
proved March 8, 1868, expressly relating
to habeaS corpus and regulating judicial
proceedings in certain cases. The sec.
tions of this act relevant to the case of
Mr.. Vallandigham may be found on
page 1855 Of the volume of the Statutes
at Large, as just printed by order of Con.
gress, and are as follows:
Be it enacted by the Senate and House of
Representatives of the United States of Amer
lea in Congress assembled, That, during the
present rebellion, the President of the United |