Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1863-05-19
Brteu Sit, freeman
MONTPELIER, VT.
Tuesday Morning, bay 10, 1863



Obedience to Law.
There is no other form of Government whose
stability rests so entirely upon the obedience Of
the people to the requirements OF law, as that oil
a republic like the United States. ltispre-em-
lnently government Of laws, and not of men,
and government in which ample provision is
made for the frequent and peaceful settlement oil
all political disputes, and all questions respect
ing the oxpedioncy, propriety, or justice OF Its
legislative enactments, and the acts of its execu-
tive officers. 1t is a government based, not up
on traditions and the divine right Of kings, not
upon inheritance and blood, but upon written
constitution, ordained, established and put IN
operation by the agreement and consent OF the
people themselves That constitutions and the
laws made in pursuance OF it, are the supreme
authority in the land, and to those all citizens
should render obedience. The only possible ex-
ception to this general principle is when the
Government is waging war with Its enemies /;
when, undoubtedly, the law military in many
instances must, and in many more instances
may, set aside for the time being the civil au-
thority.
Rat tho r~oeress nf this has shown we
think, that the less we have of this military
law, except in places for the time being the
theatre of war or in imminent danger Of insur-
rection, the better. Where the Courts are open
and the execution Of the ordinary process OF law
is unobstructed, there is no more necessity, or
propriety or common sense in arbitrarily ar
resting any person, by military force, with
gu. legal process, on charge of dsloyalty or
the utteraace Of disloyal sentiments, than there
would be to employ the same lnstrumentality to
arrest him for stealing sheep. Take the case
Of Yallandigham for example. lie is Il copper
head Of the most malignant variety, and is I'M
doubleday doing the Union cause much mis-
chief. But has he violated any statute law /?
II he has the courts of Ohio, and the U. s.
Courts are open, and let the proper complaint
be made against him, and the proper process be
issued, and then put him upon trial. If he has
not broken anylaw, il is, to our mind, neither in
accordance with the spirit nor the letter of our
Constitution to arrest him without legal process,
and put him upon trial without legal complaint.
And it is no answer to this view that, he is
giving aid and comfort to the enemy. That is
either q crime or il is not. II it is crime then
the courts can try him. II it is not crime,
il Congress has failed in its duty and passed
no law making such seditious language as Val
landigham continually utters against the Gov
eminent an offence punishable by the courts,
then the military arm should not arrogate to
itself legislative functions, and proceed not only
to execute laws, but to make them Vallan-
digham' doctrines are detestable and mischev-
ious enough, but theJ will be made infinitely
more troublesome to the country by giving him
the crown Of martyrdom.
1t is well enough for US, also, to reflect that
the military power Of the Government is not
superior, but subordinate to the civil power. 1t
is called into existence to aid the civil power
in enforcing the laws in tho insurgent States.
The resistance there to the laws has brought on
state of war in which all the civil power Of
Government is suspended, and for the time
being, there is, and can be, no law but the mil
itary. Blu, this is not true of Ohio There the
civil power and the execution of the laws are
unobstructed and there is no more necessity for
the trial OF u ciIiz5n Of that State, who is not
in the army, by Court Martial, than there
would be IN times OF profound peace. 1t is as
much Gen. Burasidss day to respect Vallau-
digham rights as a citizen Of Ohio, as it is VAL
landigham'sto respect Gen. Burnside's as a
General in that Department And We cannot
agree that Gen. Burnside has any more right to
try vallandigham. by Court Martial for seditious
language, .han Vallandigham would have to ar.
raigu Gen. Burnside before the courts for shoot
ing deserter.
To our apprehension this oil seems resolved
into simple question of obedience to law. Gen.
Burnside does not make laws. Hisonly duty in
Ohio is a military duty and he should limit his
government to those who are in his army as pri-
Yates or officers. lie has no right to interfere
with the proper business Of the courts, unless
called upon to aid in the execution of the laws.
He has no authority over the citizens Of that
State unless some great and imminent public
peril renders his assumption of such authority
necessary for the public safety and wo hardly
think Vallandigham has yet put the Republic
in peril by his peace preachIugs. And while it
may be matter Of no difficulty to find hun
dred plausible reasons why such peace preach
ing should bc stopped, it may be worth the
while of those whose duty it is to obey laws
rather than to make them, to consider that our
safety hitherto our safety now, and our safety
hereafter, will be best secured by leaving to the
civil officers Of the Government the punishment
Of citizen offenders in places where the courts
are in the full exercise OF all their functions.