Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1863-05-19
rae vALLAs.o,oAAM CASE.
The New York Rad,cai f''

.or,,us va. a,k,d in the case Of 7. -
y.ilandirham, arrested for treasohAoo
words snoken, and tried by a military
commission, i. publisIedon another page
I, is SO patriotic in spitil, 50 decided ID
its expression 81 Legally and - non!
DO q in taking the responsibility 'oat We
.lmo,t disl kn e question IT, piople's'
Set We tbink dangerous itaalts iu'
through i witch ought p be cApos,u'
Gen. Burnside himself will be amor l thc
first 10 rectiy lis 10. tons as soon as II
/. made natitc.. - h.m that ih'y are
wrotg. -,
lie assume, that because IL aud hls
t.iIets NAV not indulge in wholesale
crit4r >,ns ot The poacy q tie sefn-
merit because il would be AZ IL hsr
IN him and his officers 10 undermine the
go iiieucc Of the mrn IN the perfect
wisdum and ability ot tie aimlnistia-
non. therefore no citi2 | a- lit To-
utter such criticisms. But hc iafpets
that persoos TN the military aud ta'si
service OF the United States are enb-
ject 10 military inv, whIe The ordinary
clizcn il subject exclusively tot q eit4
law. Military law Il . part 81 tie u"
OF The land q, WEI a. the cffl la"; hat
I. i applicable onIy IL afatti,QIar lass,
and administered Of y br sPsc~i trbu-
naIa. Soldiers il s"lyicc, cadets at
West Point, servants Of officers, sud cit
lzens within the ac,nal Anes Of the army,
ma, be guilty Of cHsnsas created by
that law AID tired by lis courts, but We
doubt whether il can lie c1teudcdto 9th
rr- III any c4sc. Mr., Nalsnlighsm locs
not belong 10 either OF these c tegaties.
Neit er docs It seem to rs that mar
ial law, As il i called by the Eng sl
aud American writers, aud the "stote Of
sage" hy the French-a different thing
from military law has been ptoclamel
to exist N the Department % the 0hIo.
Or, even II il has lcen pro lalmcd, wc
Il uIt whether it can lie red
against retsons nho are not within the
scope OF active military operations. l.
Is at ra,t ~ arbt ~ APP cation Of mi
It4rY governmental government Of
mere force-whieb substitutes thc Will ol
tue Commanding General FIR 'ho com
mon or muntcp4I I,w, aud wii.h ought
uut TO be resorted to except ~ ysses Ct
4 solute necessity. When domestic
turbulence and riot prevent the exelel {
ID tic ordinary lur sdletlone, WHOM the
presence Of conieudi Z armies drives
out Tie irhabl;aute, lien the behesls Of
! alc set at nau4hl ly al eutire dis
trlc', there j. occasion for the s.rong
hand Of the military powyi But il 9th
III social conditions, the appeal 10 it j.
and N all probability hurt
full
3ieham's offences, mogeo3et,
nave been As vet confined TO the use OF
foolish words. lie calls Mr.. Lincoln bad
lie denounces he republican
iArly hc abuses Burns dc's uew mill
tary orders. and hls example and his
Instructions ate exceedingly pcrnicious.
But, alas . we cannot 10 the spitit Of An.
.chra.is looi's demand, hang al tie
, .stards aud sc0uudrels az discreet on
\ A.lahdigham has not, that Wa hear,
commit ed any overt act 81 treason he
has not re S ed the avs, though be has
peihaps counetlrl resistance, and unut
lie does, his silly babbhng, he Brooks
and " ood's must hc allowed 10 pass toi
what IT worth. II Is not likely t. per-
-uade none than a iow ignorant or ma
guaut men to do wroug. breId NO
- -, 4.
t'.i AS above criticism or even dcnnn-
cation. We know no other way ii cor
rec.ug their iauits-spuirlng on their
nggisGuc ., or rcstrllnlny their tyrau-
los nan 10y open and bold diecusslon.
How can popular gotetumeu', most tt
q +, kaow tho popular VII, and guide its
course IN the Interests Of the commuui-
y, unless 1t be told from time 20 time
nhat the popular convictions and wish
IS are! D.sp lism., IKE that 81 Ions
Napoleon or The Car 4 Russia, have ~
iced oi tbs inspiration and oontrol from
The people, because they are not admin
itetcd N The interests oi the people. ana
.ook 10 those Of u single man or .am,-
Y, which can ve y well manage It's own
affairs. Int q republic lives atone N III,
tiiety TO the sentiments o! the whole
nation.
Abuses aud inccnaes IF cour.e al
here TO this unlimited freedom OF pubic
criticism but these ale apparently IN
-eparab.e from the use; ana without Tie
abuss We should scarcely have the use.
u Is q question, too, WHO il 10 draw he
me between tde nee aud the abuse ont,
SIDE q coutt~ established for The delc,.
ton and punishment OF Az otfenccs. ii
\ Hand gham's peace nonsense Is treas-
enable, may not GrceIey's be equally
So Ire cannot arfaign the contact
81 the war. can Mr. Schalk, who la.
written book on strategy, which il the
seyerest arrangement Of il yet printed I?
I Re may not question the justice of the
propiiely OF Burnside's orders. even the
80 Al 4