Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1863-05-20

carriages, Noticesof Funerals, and announcements
oL sermons. 90 oents each nonv11-'69
| ConcIusIon o. eLenvItt's REFUSAL
! Ia the Case OF VallnndIgham.
/ q From the report in the Gin. Gazette. ige
And here, without subjecting myself
to the charge of tTenching upon the do
main of political discussion, / NAV be in
dulSed in the remark that there is too
much of the pestilential leaven of disloy-
atty in the community. There is a class
of men in the loyal States who seem to
have no just appreciation of the deep
criminality of thOsewho are in arms avow-
edly for the overthrow Of the Government,
and the establishment of Southern Con-
federacy. They have not, fear, risen to
any right estimate of their duties and OBJ.
legations, as American citizens, to Gov
ernment which has strewn its blessings
with n profuse hand. may venture the
assertion that the page of history will be
searched IN vain for an example of re-
bellion so wholly destitute of excuse or
vlndlcatlon, and so dark with crime, as
that which our bleeding country is now
| called upon to confront, and for the sup
preston of which all her energies are de-
manded. Its cause is to be found in the
unhallOwed ambition of political aspi-
rants and agitatOrs, who boldly avow
their aim, not the establishment of Gov
ernment for the better security of human
rights, but one in which all political pow
er is to be concentrated in an odious
and despotic oligarchy 1t is indeed con-
solotary to know thatin most sections of
the North, those who sympathise with
the rebellion, are not so numerous and for
midable, as the apprehensions of some
would seem to indicate. 1t may be as
sumed, trust, that in most of the North
ern States, reliable and unswerving pa
triotism is the rule, and disloyalty and
treaSon the exception. But there. should
be no division of sentiment upon this mo-
mentous question. Men should know,
and lay the truth to their heart, that
there is course of conduct not involving
overt treason, and not therefore subject
to punishment as such, which neverthe-
less implies moral guilt and gross of
fence against their country. Those who
live under the protection and enjoy the
blessings of our benignant Government,
must learn that they cannot stab its vitals
with inpunity. If they cherish hatred
and hostility to it, and desire its subver.
sion, let them withdraw from its iurisdic-
ton, and seek the fellowship and protec-
tion of those with whoEl they are in SYM
/ pathy. If they remain Nth us, while
they are not Of us, they must be subject
to such a course of dealing US the great
law of sclf-preseryation prescribes and
will enforce. And let them not com.
plain, if the stringent doctrine of militia.
ry necessity should find them to be the
Legitimate subject of its action. l have
no tears that the recognition of this doc,
trlne will lead to an arbitrary invasion oi
the personal security, or personal liberty
of the citizen. 1t is rare indeed that a
charge of disloyalty will be made upon
insufficient grounds. But if there should
be an occasional mistake, such an occur.
renee 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, violations Of
personal liberty, look with no horror
upon despotism as unmitigated as the
world has ever witnessed. 80 -.
But can not pursue this subject fur.
ther. am aware there are points made
by the learned counsel representing Mr..
Vallandigham, to which have not ad.
verted. have bad neither time nor
strength for q moro elaborate considera-
tion of the questions involved in this ap.
plication. For the reasons which have
not attempted to set forth, 1 am led clear
ly to the conclusion that / can not Judi
cially pronounce the order of General
Burnside for the arrest of Mr.. VaIlandig.
ham as nullity, and must, therefore
hold that no sufficient ground has been
exhibited for granting the writ applied
for. And Imay properly add here, that
am fortified in my conclusion by the
fact just brought to my notice, that the
Legislature of Ohio, at its last session
has passed two statutes, in which the va
lidity and legality of arrests in this STATE
under military authority are distinctly
sanctioned. This is a clear indication o
|, the opinion of that body that the right
8 and liberties of the people are not put il
: jeopardy by the exercise of the power ii
5 question, and is, moreover, a concession
that the present state of the country re
Il quires and justifes its exercise. Itist
clear intimation that the people of ou
patriotic State will sanction such con
struction of the Constitution as, vithou
a clear violation Of its letter, will adap
it to the existing emergency.
There is one other consideration t
which may, perhaps, properly refer, no
L -.