The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1863-05-27

He would rot dwell further upon ii, and
only referred foiL because Gen. Burnside In
his manly ahd iatriost letter to the court,
gave hrs reason 1t length for Issuing 1t. In
the judgment oi the commanding general it
was necessary, and it was not Tor the Judi
ciary to reverse it. The legality Of the ar
rest depends upon the extent of the necessi-
ty for making it, and that was to be deter
mined by the military eonlmander
And here, without subjecting myself TO the
charge of touching upon the domain of polit-
ical discussion, | may be indulged in the re.
mark that there is too much of the pestilen-
.tial heaven of disloyalty III the community
There is a class of men III. the loyal States
who seem to have no just appreciation of he
deep crinlinality of those who are in. arms
lavowedly for the overthrow of the Govern
rnent and the establishment of Southern
Confederacy. They have not, fear, risen to
any right estimate of their duties and obi
CATIONS as American citizens, to government
which has strewn its blessings with profuse
hand.
j inay venture the assertion that ths i5,ge
of history will be searched in vain fol all *
ample of rebellionso wholly destitnr Of
excuse or yindication, and SO dark with /: me
as that which our bleeding country is lew
called N on to confront, and for the suppress
! sion of which, all her energies are demand
ed. Its cause is to be found In the unhalIowed
ambition of political aspirants and agitators,
who boldly avow as their aim, not the estal,-
lishment of government for the better Sc
curity of human rights, but one in which al
political power is to be concentrate in an obi
Gus and despotic oligarchy. 1t is, indeed,
consolatory to know that in most sections Of
the North, those who sympathize W. h
the rebellion are not so numerous or forInid
| BILE as the apprehensions of some would seei
to Indicate.
! 1t may be assumed, trust, that in most of
/ the Northern States, reliable and unswery III
patriotism is the rule, and disloyalty ard tres;
son the exception But there should be la
division of sentiment upon this momento
subject. Men should know, and lay tl..
4 truth TO heart, that there is a course of cor
duct not involving overt treason, and not
therefore subject TO punishment as such,
which, nevertheless, implies moral guilt, ard
a gross offence against the country. Those
who live under the protection and enjoy the
blessings of our benignant Government, must
learn that it cannot stab its vitals with impu-
! nifty. If they cherish hatred and hostility To
| it, and desire its ,subversion, let them with
|
lowship and protection of these with whom
/ they afe IN sympathy.
If they remain with us, while they are not
] of us, they must be subject to such course
of dealing as the great law of self-preserva-
ton prescribes and will enforce. And les
them not complain if the stringent doctrine
of military necessity should find them to be
the legitimate subjects of action. havesIo
fears that the recognition of this doctrine
will lead to an arbitrary invasion of the per-
sonal security or personal liberty of the citi-
zen. It is rare, indeed, that charge of dis
loyalty will be made upon insufficient
grounds. 8g5s s5l 1a fa s
But if there should be an occasional mis-
take, such an occurrence is not TO be put in
competition with the preservation of the life
of the nation, andJ confess I am but little
moved By the eloquent appeals of those who,
while they indignantly denounce violation Of
personal liberty, look with no horror upon a
despotism as unmitigated as the world has
ever witnessed BIT 1 cannot pursue this
subject further q 4 / am aware there are points
made by the learned counsel representing
Mr.. VaIlandigham,; to which have not adj
verted l have had neither time nor strength
for a more elaborate consideration of the
questions involved IN this application.
For the reasons which / have attempted to
Iset forth, / am led clearly to- the conclusion
that cannot judicially pronounce the order
\ of Gen. Burnside for the arrest of Mr.. Val
landigham as nnliity, and must therefore
hold that no sufficient ground has been ex-
4 hibited for granting the writ applied for. And
/ may properly add here, that am fortified
4 in my conclusion by the fact Just brought to
my notice. that the Legislature Of Ohio, at its
E: late session, has passed two statutes, in which
the legality and validity of arrests in the
State under military authority, are distinctly
sanctioned. This is clear indication of tho
opinion of that body, that the rights and lib
critics of the people are not put in Jeopardy
by the exercise|sof the power in question
and is moreover a concession that the pres
= ent state of the country requires and justiies
its exercise. 1t is a clear intimation that the
people of our patriotic State viii sanction
such construction of the Constitution as
without clear violation of the letter, will
4 adapt it to the existing emergency.
q There is one other consideration to which
4 may, perhaps properly refer, not as a rea-
son for refusing the writ applied for, but fol
the purpose of saying that if granted there
y is probability that it would be available ii
relieving Mr.. Vallandigham from his present
position 1t is at least morally certain i
would not be obeyed. And / confess I an
somewhat reluctant to authorize a proc-e;
knowing it would not be respected. and ili.
+ the Court is power,css to enforce obediene
/ yet, if satisfied there were sufficient grour'i
for the allowance of the writ, the consider.
81 ton to which have adverted, would not h
conclusive against it. a
For these reasons. the writ is notallowed.
I - 81 ---------- --<.---- s-5--
Reflection of disappointed pickpock