Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1863-06-05


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THE COURTS AGAINST THEM
The tories in the North, each man of whom
is doing more to destroy the Union and pro-
long this war than any three armed rebels
constantly sound in our ears the cry that
civil tribunals are the only places where a
mans right to give aid and comfort to his
country's enemies-the liberty to say and dc
what he pleases, and the pursuit Of happi
ness, in gloating and exulting over the bleed
ing form of his country, can be properly
tried. If like any other spy or traitor, they
are seized upon and refused the right Of trial
by jury for season, then the Government
has become so tyrannical and oppressive as
to give no hope Of safety to the citizen. They
tell us if Vallandigham and Beauregard,
Mahony and Morgan, Wood and Wigall,
Thayer and Marmaduke, Wallace and Law
ther, are guilty of the crimes with which
they are charged, arraign them before COM
petent civil tribunal and give them such a
trial as the Constitution guarantees. Now
we have to say, that in March last, the Su-
preme Court of the United States declared
that the President had the authority to exer-
else just such arbitrary power as has been
exercised in the case of Vallandigham, and
for the benefit of the tories among us, we
propose to publish extracts from that opin-
ion and judgment, but not at this time.
But in the particular case of Vallandgham,
over whose merited banishrnent there is so
much weeping, waiing and gnashing of teeth,
we wish to remind his weeping sympathizers
that that unfortunate treason monger was
not refused the privilege of the writ of
enough to say to one another, that although
Vallandigham was tried, convicted and SEN
fenced by a court martial, majority of whose
members were Democrats, summoned to-
gether by General whose Democracy and
bravery are beyond question, his counsel
were permitted to ask for his discharge by
virtue of the great writ; that the applica-
tioa was made before United States Judge,
whose Democracy was so pure as to receive
his appointment from Andrew Jackson, and
who has retained his position through sue
ceeding administratons-Judge Leavitt. If
then the arrest and trial and sentence of the
court-martial was, as is alleged, arbitrary
and unconstitutional, the application for dis
charge was just the time, and United States
Judge just the tribunal to determine the
question. If Vallandigham's arrest was ar
bitrary, his trial illegal and unconstitutional,
an application for discharge would be
granted. Was it? By no means. The
honorable Court, following the precedent of
his able colleague in another case of like
character, found no remedy, and being COM
petent, refused the writ and Vallandigbam's s
release from the custody of a military court
No jury could have determined the legality
and constitutionality of that trial; it was a
matter of law and not of fact, ard therefore
: triable by the Court only.
Surely, Val!andigham's mourning friends
should not complain, for he was not arrested
upon the order of Republican, tried by a
Republican court, or refused the great writ
by Republican Judge. Neither should they
complain of the oppression of an American
citizen by tribunal having no jurisdiction,
when high civil court has determined that
the military court was so regular and legal
that he had no remedy to give. Now, you
who have been such sticklers for acquiesence
in the DEGREES of the courts known to our
laws, we advise you to dry up your hypo-
critical tears and abide the judgment of the
court in the case of Vallandigham, the tory
martyr of '63.
Judge Leavitt was the Court before which
the traitor was willing to rest his case. He
went before it of his own volition. He was
not compelled to enter there, but knowing the
Courts Democratic antecedents, and that if
there was any leaning of mercy, it ought to
be upon the side of political associate,
with whom he felt his cause safe, and was
willing to ask its judgment. The court Of
his own seeking has ruled against him, and
by that ruling he is an outcast among loyal
men, and now walks upon treason's soil, with
brand upon his forehead, as deep and
damning as ever Judas or Arnold wore. May
he never return, and may his mourning
friends soon follow him.
F4
tho hot or o1y
River bridge, near Port Gibson, the I'd brig.
ade of Gen. Carr's division, embracing the
21st, 22d, and 23d Iowa Infantry, and Isl
Iowa battery, under Col. VIM. NJ. Stone, led