The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-05-23
BURLINGTON WEEKLY HAWKEYE.

lEAL1 ia w AL i Il.
the unhallowed ambition of political aspi-
rants and agitators, who boldly avow as
their aim, not the establishment of Gov
eminent for the better security of human
rights, but one in which all political power
is TO be concentrated in an odious and des-
potic oligarchy. 1t is indeed consolatbry
TO know that in most sections of the North,
those who sympathize with the rebellion,
are not so numerous or formidable as the
apprehensions of some would seem to in
dictate. 1t may be assumed, l trust, that in
most of the Northern States, reliable and
answering patriotism is the rule, and dis
loyalty and treason the exception. But
there should be no division of sentiment
upon this momentous question. Men
should know, and lay the truth to their
heart, that there is a course OF conduct not
involving overt treason, and not therefore
subject to punishment as such, which new
ertheless implies moral guilt and gross
offense against their country. Those who
live under the protection and enjoy the
blessings of our benignant Government,
must learn that they can not stab its yltals
with IMMUNITY! If they cherish hatred and
hostility toit, and desire its subversion, let
them withdraw from its Jurisdiction, and
seek the fellowship and protection OF those
with whom they are in sympathy. If they
remain Nth 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 let
them not complain, if the stringent doc
trine Of military necessity should find
them to be the legitimate subjects of its ac-
ton. 1 have no fears that the recognition
of this doctrine will lead to an arbitrary in
vasion of the personal security or personal
liberty of the citizen. It is rare, indeed,
that a charge of disloyalty will be made
upon insufficient grounds. But if there
should be an occasional mistake, such an
occurrence is not to be put in competition
with the preservation of the life OF the ma
ton. 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
a despotism as unmitigated as the world
has ever witnessed.
But can not pursue this subject further.
] aw aware there are points made by the
learned counsel representing Mr.. Vallan-
diGham. to which / have not aVerted. /
have had neither time nor strength for a
more elaborate consideration of the ques-
tons involved in this application. For the
reasons which / have attempted to set
forth. / am led to the conclusion that l can
not judicially pronounce the order OF Gen.
Burnside for the arrest of Mr.. Vallandig-
ham as nullity, and must, therefore, hold
that no sufficient ground has been exhibit
ed for the writ applied for. And 1 may
properly add here, that l am fortified in
my conclusion by the fact just brought to
my notice, that the Legislature of Ohio, at
| its late session, has passed two statutes, in
which the validity and legality Of arrests
| in this State, under military authority, are
distinctly sanctioned. This is clear indi-
cation of the opinion of that body, that the
rights and the liberties Of the people are
not put in Jeopardy by the exercise of the
power in question, and is, moreover, a con-
| cession that the present state of the coun-
try requires and iustities its exercise. II
is a clear intimation that the people of our
patriotic State viii sanction such a con-
struction of the Constitution as, without a
clear violation Of it's letter, viii adapt it to
the existing emergency.
| There is one other consideration to which
I may properly refer, not as a reason fol
refusing the writ applied for, but for the
purpose of saying that, if granted, there is
no probability that it would be availableir
relieving Mr.. Vallandigham from Inspires
ent position. It is, at least, morally GER
tain it would not be obeyed. And l confess
l am somewhat reluctrnt to authorize {
process, knowing it would not be respect
ed, and that the Court is powerless to en-
force obedience. Yet, if satisfied there
were sufficient grounds for the allowance
of the writ. the consideration to which
have averted would not be conclusive
against it.
Mr.. Pugh then drew up an entry, to b.
made upon the records, which Judge Lea
witt accepted and ordered to be spread up
on the minutes. The Court then adjourn
ed.