Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1863-05-28


II some length, though not written, dis
,inctIy held, that this Court would not grant
The writ OF hdJeas corpus, when II appeared
hat the detention or imprisonment was un.
der military authority. II Is true, that Ru-
pert was man in humble position -un.
known beyond the narrow circle in which
he moved; while the present petitioner has
d wide spread fame as prominent .polti.
clan and statesman. But no one will deny
that thcre should be any difference in the
principles applicable to the two cases. 1T
any distinction were allowable, i would be
against him of admitted intelligence and
distinguished talents.
Imight with entire confidence place the
grounds of action propose in the present
case, upon the decision Of the learned j udge
in that just referred TO. Even II enter
tained doubts Of the soundness Of his views,
I see no principle on which l could be jus.
tilted in treating the opinion rs void Of au-
thority. But the counsel Of Mr.. Vallandig :,
ham was not csuicted N the srssmeseof
this motion to this point. :, Il seemed due
to him that the Court should hear what
could be urged against the legality of the
arrest, and 10 favor Of the interposition Of
the Court in behalf Of the petitioner. And
I have been greatly interested in the forci-
bic argument which has been submitted,
though unable to concur with the speaker
in all his conclusions.
Fit we're my desire to do so, have not
now the physical strength to notice or dis
cuss at length the grounds on which the
learned counsel has attempted TO prove the
iIIegality Of General Gurnside's order for
the arrest of Mr.. vallandigham, and the du.
- ~ 40 ~ tha
for. The basis of the whole argument is
the fact that Mr.. vallsndigham, not being
in the military or naval service of the Gov
ernnient. aud hot therefore subject to the
rules and articles Of war, was not liable to
the various provisions Of the Constitution,
intended to guard the citisen against un-
lawful arrests and imprisonments, have
been cited and urged uSoa the attention Of
the Court as having diroct bearing on the
point. It is hardly necessary to quote these
excellent guarantees Of the rights and lib
critics Of an American citizen, az they arc
! familiar to every reader ofthe Constitution.
And it may be conceded that il, by jus,
construction of the constitutional powers Of
the Government, in the solemn emergency
now existing, they are applicable to, ant
must control. the question Of the legality o
the arrest of the petitioner, it cannot b
sustained for the obvious reason that nj
warrant was issued ''upon probable cause
supported by oath or affirmation" as is re
quirod in ordinary arrests for alleged crimes
But are there not other considerations OF
controlling character applicable to the ques
ton? Is not tho Court imperitively boun'
, to regard the present state of the country
and, in the light which it throws upon tn
subject, to decide upon the expedency q
Interfering with the exercis, OF the militar
power az invoked in tho pending applica
toni Tho Court cannot shut its eyes
the grave fact that Har exists, involving III
most imminent public danger, aud threat
; ening the subversion and destruction of til
; Constitution ITSELF In my judgment, whe
p, the life OF the Republic is imperiled,
mistakes hiI duty nnl obligation as patr
OF, who is not willing to conceds TO the Con
stitutiOn such capaciry Of adaptation t
= circumstances rs may be necessary to met
: a great emergency, and save the nation frol
. hopeless ruin. Self preservation is a par.
!, : mount law, which nation, as we'll as a
y individual, may lind it necessary to invok'
Nothing is ha1arjed in saying, that tt
great and far seeing men who framed II
Constitution of the United States, suppose
they we're laying the foundations Of o,
y National Government on an immovable b
y sis. They did not contemplate the exis
: ence oil the state of things with which Il
nation is now unhappily confronted; Il
! heavy pressure of which is felt by eve
,. true patriot. They did not recognize Il
- right of Secession by one or more State
AZ for the obvious reason that it would ha
been on incorporation OF an element in Il
~ Constitution Z for sSse deseruction Of Il
10 Union. In their glowing visions Of futu
Is ty, there was no foreshadowing Of perio
O. when the people of large geographic
u section would be guilty of the madness al
is the crime of araying themselves in rebelli
ee against Government, under whose mild q
in benignant sway there was 40 much Of no
n, and promise for tho coming ages. We ne
ce not be surprised, therefore, that in the I
I'd ganic law which they gave US, they ma
ng no specific provision for such q lsmental
rs occurrence. They did, however, distinc
contemplate tho possibility Of foreign VI
b and vested in Congress the power to decl'
mt its existence, and "to raise and support {
at mics and provide and maintaihd navy
he They were aware that the grant Of thu
m powers Implied all other powers necesss
". 10 give them full effect. They also declar
on that the President Of the United Sta
nd ''shall be Comma apder in Chief of the AR
= and Navy, and Of the Militia Of the seye
OF States whom called into actual SERVICE. I
're they placed upon him the solemn obi
,x. tion Ito take care that the laws be faithtt
/ OF executed. Undcr this last. named pro-
iso ion, in reference 70 aiocsl rebellion in wh
w the laws of tho Union were obstructed,
ny act Of the 2sth Of February, 1928, was p'
the ed, providing, in substance. that whene
in any State the civil authorities OF
TO Union we're unable to enforce the laws,
to President shsl be empowered to call
ON such military force as might be necessary
the the emergency. Fortunately for tho %
,uit try, this. law was in force when several ST
- of the Union repudiated their allegianc
,la- the National Government, and placed tn
ice, selves in armed rebellion against it. II
ige sufficiently comprehensive in its term
art, meet such an occurrence, although it
chr not case within the contemplation Of
lge, gvess when the, law was enacted. It
suit under this statute that the President ass
upy his Proclamation Of the 18th Of April, Il
tier From that time the country has been
pre- state Of war, the history and progress
,ionl which are familiar TO all. More than
re. years have elapsed during which the tr
cult ure Of the nxtiot9 has been .avishiy cost
suit uted and bID6d hal( freely flowed, and