The Portland daily press., 1863-05-23
vallandigham, the Democrats, and the
Habeas Corpus.

tone oil the meetings neiu III view vi that
event, that Mr. V. had become martyr to his
principles, that he is the most injured patriot
on the face of the EARTH and that the demo-
cratic party expects to ride into power on the
wave of popular feeling which will be aroused
by this act OF the military authorities at the
West.
The "remains" of the great demagogue are
pompously paraded in public parks and halls,
on public squares, and even in the crowded
streets of our large cities, and over this cop
perheaded Cesar the party Mark Antonys
pronounce their solemn orations and har-
angue the multitude, and strive hard to raise
popular tumult. With eyes streaming with
odorous rheum, countenances indicating hor-
ror ut the violation of popular rights. and
voices choking with emotion, we can almost
hear them exclaim:
Ny heart is in Fort Warren there with Villain.
And must pause till it come back to me.
Mr.. valandigham has become the "dead
Cesar" whose wounds the faithful are expect
ed to kiss
And dip their napkins in his sacred blood;
Yea, beg hair of him for memory.
But then these artful Antony's mean no mis-
hief, of course not; for are not they all Hon
ord6ie men? They are not the men to stir up
their friends ito sudden food of mutiny."
They are only "plain blunt men," that love
their friend, and hence they speak of him.
They only
Show you Caesars wounds poor poor dumb mouths
And bid them speak. but were they Biuius,
And Bruius Antony, they would ihen no doubt,
Rufiie up the vile spirits. and put ongue
In every would OF Caesar, tia should move
The stones OF Rome TO rise and mutiny
But while the Democratic organs are so
ready to give one side-the disoyal side-and
while they are so ready TO indulge in language
that will be repeated with demoniac glee in
every rebel paper and by every rebel leader
in the Confederacy. very little will be found
in their columns the other side of the ques-
ton. A few democratic papers, we have no.
ticed, have copied Gen. Burnsides communi-
cation to the Court to which application was
made in behalf of Vallandigham for a writ of
habeas corpus, but, while all OF them seize
upon Gov. Seymour's letter to the copperhead
demonstration in New York with an avidity
and greed that show Enthusiastically their
natural bias not one OF them, probably, will
publish the able decision of Judge Leavitt,
embracing his reasons Tor refusing the writ of
habeas corpus in this case. That our readers
may not suppose the action of Gen. Burnside
has no show of Justification, or that Valan-
digham has been outrageously dealt with, or
that his right to the privileges of the habeas
corpus were clear and undeniable beyond the
shadow of doubt, we give below liberal
extract from that decision, as it is published
ip the Cincinnati Times:
"The ground for the application was that
Mr. Vallandigham was not in the military or
naval service, and was consequently not
amenable to the military authority, aud the
constitutional provisions Tor the protection of
liberty were read by counsel, and cor .mented
upon at length. But says the Jpdge, the
Court cannot shut its eyes to the grave tact
that war exists, involving the mot imminent
public danger and threatening tie subversion
aud destruction of the Constitution itself. In
my judgment, when the life o. the republic is
inperiIed, he mistakes his duty and obligations
as patriot who is not willing to concede TO
the Constitution such cspacity OF adaptation
to circumstances as may be necessary to meet
a great emergency, and save the nation from
helpless ruin. Selfpre3ervation is a paramount
law, which nation, as well an individual,
may find IL necessary to invoke.
1t is clearly no tine for any one connected
with the judicial department of the Govern
ment to allow himself, except from the most
stringest obligations OF duty, TO thwart the
executive in his efforts to deliver the country
from the dangers which press so heavily upon
it, III Gen. Burnside has exceeded his au-
thority, II is the duty of the President to ap-
ply the remedy. The President being Com
mande' -in-Chef OF the army, must Judge of
the military necessity. He is responsible to
the country for violation of his duties, and
call be impeached.
rhe power OF the President undoubtedly
implies the right to arrest persons who are
mischievous aud disloyal, thereby endanger-
ing the existence Of the Government aud the
success OF the army; and possessing it, he can
delegate it to the commander OF department.
Martial law is defined TO be "the will of the
military commander, operating without re-
strant, save bis own judgment, upon the en-
tire social and individual condition of the
people" To the objection that no proclama-
tiop of martial law had been issued, it need
only be said that no such thing is necessary"
After paying a very high compliment to the
patriotism, the fidelity and the capacity Of
Gen. Burnside, the learned judge said:
Artful and designing politicians, Disgusting
their latent treason under hollow pretenses OF
devotion TO the Union, We're striving to dissem-
masses of the people. The evil was one of
alarming magnitude, and threatened seriously
TO impede the military operations of the gov
eminent, and greatly prolract the war. 1t
was with this fact before him, that General
Burnside promptly issued his famous order
No. 80, which had been brought to the notice
OF the Court.
He would not dwell further upon it, and on
ly referred to il because Gen. Burnside, in bis
manly and patriotic letter TO the Court, gave
his reason at length for issuing it. In the
judgment of the commanding General it was
necessary, and it was not for the Judiciary to
reverse it. The legality OF the arrest depends
upon the extent of the necessity for making it
and that was to be determined by the military
commander.
And here, without subjectiDg myself to the
charge of touching upon the domain of politi
cal discussion, l may be INDUCED in the re
mark that there is too much Of the pestilen