East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1863-05-26
EAST SAGINAW COURIER.
yALI.ANDIGFIAm.
MAY &c, lseg


sentiments of the soundest America
journals in regard to the recent arrcs,
:. trial aud sentence of Clement G.. Val
landingham 10y military court martial =
1t is Of the utmost importance that th,
law which is to govern in such case
should be well understood. The articl,
which we publish below gives a clea
exposition Of the legal phase of til,
question, and shows plainly that thC
civil law should have been the resort
instead Of the military tribunal.
THE CASE OF vALLANDIGUAM, o. ..
Statement of the Lay in The Case.
Prom the National Intelligenecr May 20
nl As much confusion seems Ia prevail
with regard to the arrest, trial and con
r victiou of Mr. Nallandigham, on the
charge of giving aid and comfort TO the
enemy, we think it proper, in view OF
the interest attached TO this question,
considered as one of law rather than
military caprice, to place distinctly be.
fore our readers the points on which it
turns.
.a The charge brought against Mr.. Val.
landigham was as follows:
Publicly expressing, in violation of
General Order No. 30, from headquar
tiers Department of the Ohio, his SYN.
pathy for those in arms against the gov
eminent OF the United States, declaring
disloyal sentiments and opinions, with
the object and purpose of weakening
the power of the government in its Of.
forts to suppress an unlawful rebellion
The specification adduced by the
Judge Advocate in support of this
charge is in the following terms:
In this, that the said Clement L Val
landingham, a citizen or tie Stqte NJ
Ohio, on or about the first day of May,
1868, at Mount Vernon, Knox county,
Ohio, did publicly address a large meet
ing OF citizens, and did utter sentiments
IN words or in effect rs follows: De
claring the present war "a wicked, cruel
and unnecessary war" a war not be.
ing waged for the preservation of the
Union" "a war for the purpose of
crushing out liberty and erecting DIES
potism;' stating, HAT If the admins
tration had so wished, the war could
have been hcnorably terminated months
ago." that "peace might have been
honorably obtained by listening to the
proposed INTERPRETATION of France :"
that propositions by which the Southern
States could be won back and the South
guaranteed her rights under the con
stitution, had been rejected the day be-
fore tho late battle of fredericksburg
by Lincoln and his minons meaning
thereby the President of the Uni,ed
States and those under him in authority;
charging "that the government of the
United States were about to appoint
military marshals in every district to
restrain the people of their liberties, and
to deprive them of their rights and
privileges" Characterizing General
Order No. 3S, headquarters department
of the Ohio, as "a base usurpation of
arbitrary authority" inviting his hear.
ers to resist the same, 10y saying "the
sooner the people inform the unions of
usnrped power that they wi not sub
nit to such restrictions upon their lib.
critics the better" Declaring that he
was at all times, and upon all occasions,
resolved to do what he could to defeat
the attempts now being made to build
upa monarchy upon the ruins of our free
government" asserting" that he firmly |
believed, as he said six months ago, that |
the mtn IN power are attempting to es
tsblish despotism in the country more
cruel and more oppressive than ever
existed before" AHof arhieh opinions
and sentiments he nell kneU aid aid, |
comfort and encourage those m AIMS
against The government, and could 6ut
induce in las hearers diStruSt Of their
onn g0rernmeet and sympathy 0ith those
IN arms against 10, and disposition TO
resist the d,cs ofthe land.
~. NJ QUITS, Capt. Eleventh Infantry,
"Judge Advocate, Department Of the Ohio"
1t will thus be seen that the charge
and the specification, even if entirely |
sustained by the evidence las TO which
in this inquiry We raise no question:
seek to convict Mr. Vallandlgham, n
citizen of Ohio, of "giving aid and CON-
fort to the enemy"
Now this this offence has, by the re.
cent Legislation of Congress, been made
expressly cognizablc by the Courts of !
the United States. This will appear
from the following statute, being IAN
act to suppress insurrecton, to punish
treason and rebellion, and confscato the
property Of rebels, and for other pur.
poses, approved July IL, 1862, and
found in volume IL, chapter 1876, page
$50 of the statutes at large, as printed
by order of Congress. We cite the
sections relative to this topic, as fol.
lows:
SEC. 2. and be IL further enacted,
That If any person shall hereafter iDcite,
set on foot, assist, or engage in any re.
bellion or insurrection against the an.
shortly of the United States, or the laws
thereof, or shall giro aid or comfort
thereto, or shall engage 10 or give aid
and comfort to any such existing rebel,
lion or insurrection, and he convicted
thereof, such person shall BIO punished
by imprisonment for period not ex.
ceeding ten years, or by fino not ex