Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-06-02

in those provided against by the laws / hav
quoted, then it is no offense at ALL unless 1t b.
treason. We know that treason can not be triet
except in pursuance of certain fixed con- stitu
tional rules, and that these rules have not beer
pursued in this case.
Where then does the chief Executive or hi
agents get this power of arrest2 It Is said By
its advocates to be an implied power, belonging
to the CommAnder-in Chief of the army. II
this capacity, II is said that he can, in subduinl
the enemy, use any power In bis opinion neces
sary to that end. If 90, then he has no limiI
but his own will. Such power Ia purely despot
ic. True, he has all the power, and no osher
of the General-iD. Chief of the army, but 1t ID
confined to the sphere of actual operations, and
all such power ia derived from and must be
subordinate to tho law which creates II. To
command tho army as its first chief, 10 not to
have supreme control over all citizens, for that
Is legislation, and the Executive cannot legis-
late. He cannot erect tribunals. He cannot
create offenses He cannot arrest arbitrarily
citizens who are not soldiers. Is martial Law
pleaded2 Why this has not yet been declared
over the whole country. Nor does It apply
whcre there ia no army or rebellion. It was
not applied to Ohio at all. nor to Dayton, till
after the arrest Judge Curtis thus refers to
this extraordinary power, asserted for tho Com
|
BRwhsn he military commander controls the perion
property OF citizens, who are beyond the sphere OF
his actual operations in the field; when he makes lava
TO govern their conduct, he becomes legislator.
Those lava may bs made actually operatives; obedience
to them may DO enforced by military power; their pur
poses may be solely TO support and recruit his armies
to weaken the power Of the enemy with whom he Is
conteLding. But no legislator st aud whether his
edc clothed In the form Of proclamations OF mill
tary ORDERS by whatever name they may be called they
laws. II he have the legislative power, conferred
on him by tho people, 1t Is we'll. II not, he usurps II.
He has no more lawful authority to hold all the ct
Of the entire country, outside OF the sphere Of his
operations in the eld amenable to his military
edcts than he has to hold all the property OF the
country subject to his military requsions He Is not
the military commander Of the cscns of the United
States, but OF Its soldiers.
! If what Judge Curtis says be true, the power
which has thus arrested one of our citizens, and
created an offense, or q strange tribunal to try
real or alleged offenge, is usurpatlOn. If Judge
Curtis be not mistaken, and il the Republican
Supreme Court Of Wisconsin are not also mis-
taken in similar Judgment; IL the comments
tor5 aud jurss OF the land are not in error, then
Governor Seymour has not oveIetated the case,
when he says such conduct "Will not only lead
to military despotism, it establishes military
despotism."
In Ohio. tho civil machinery of the State has
not stopped. Every part of it was running
without jar under the Constitution. The Courts
were open, the process of the State unimpeded.
not single pulley, lever, joint, wheel or cog
out of place-all evolving out OF harmony, Or
der, peace and security. Discussion was free;
printing unrestricted; meetiugs public; the bal
lot-oox and all other eiemeats OF freedom we're
unimpaIred, when, 10! q citizen 10 seized in his
oWn house, in the night time, and by military
force taken before military tribunal, and By a
mode of seizure and duress unknownDso the in-
sututlons OF tne State, TO answer for an offsnse,
| for the trial of which law bad already been
passed and a different tribunal already designa
ted He ia tried, ana justice laughs st the mock
esy. He is sentenced to be thrust within the
borders of formidable rebellion, whose sue
cess he had everywhere deprecated. What
can come of it2 What does it forebode2 What
does it meant Horace Greeley told the truth
when he said that this bsnishment was the worst
joke which Mr.. Lincoln had yet perpetrated. -
Precisely what Mr.. Greeley means | cannot cay;
but ii Mr.. Vallandigham declares boldly in the
South, az he has in the North, against the in
dependence of their section and the internal
atfocity OF their var against our Government,
sais axle will be a comedy OF eriOrs. II Mr..
Vailsndighsm should, through what he may
conceive 60 be the injustice Of the North. or
the Establishments of the South, show the least
shall De mistaken 10 his character. His Demo.
cratic iriends will be the frat to snslhemst tizs
such recreancy. Time, to which he has appeal
ed, will solve the wisdom or the unwisdom, the
seriousness or jocosenese OF this peculiar punish
melt.
3 What crime has sought to be thus punished
Mr.. Vallandigham's speech at MI. Vernon was
the oatenslble-Dut his sentiments as to the war,
expressed for two yeara, was the real Offense.
But would thess come within the Law o. July
IL, 1927 If so. let him be tried legally for his
peace principles under that Law. In his Mount
Vernon speech, no did not indulge in any urgent
speeches for peace. He confined himsef TO de
nOuhoing the Administration for the iniractions
OF the Constitution. He urged compliance with
law and obedience to legitimate authority. His
speech there allayed excitement, and estopped
all tendency to violence.
IL ia ON tecord, that on some most material
questions, my voted and speechss were not in
accordance with Vallandigham'a. | differed
with him then, and ye; differ, as you know, aa to
hia peRce policy; but upon that occasion, | said
very littlb thas would not be obnoxious TO the
sane punishment, If, indeed, his speech there
were ObGoxi0us. Yet my speech Was reported
as "harmlees;" his aa dangerous. think
am right i'll assuming that Vallandigham's
peace policy WAS the real reason of his arrest.
This again enlarges the discussion. Had he a
right TO indulge in unwise and uDps.rotic
speeches2 Surprising that he is wrong and 9TH
era right, till there remains an important ques-
tjOn, something more mOmentous than the ar
rest of one man. Il is the right of free speech.
IL is tho right always exercised in timo OF war
by some cne in favor of peace; right indis-
pensable TO the attsinment OF the very object Of
war, Whicd ia peace. This right has been al
Uays used in time OF war, as we'll in England
as in America. 10 vindioate that right before
you, would be superhuous. As we'll re- argue the
principle of gravitation, the circulation oi the
blood, or the exIatence of light. The time was
when John MilGUu wrote hla scholarly defence
of unlicensed printing, and proved the thesis Of
Euripidea, fixed in immortal Greek at the head
OF hia chapter, that
"This is true liberty when freeborn men,
Having to advise the public, may speak Free"
Time was when his Puritan thunder echoed
through the English land and made the Parlla-
ments listen to his plea for the liberties Of dis
course on all subjects, without the imprimstur
of censor or the supervision Of the provost
With what sterling sense he plead for that free
speech, which allowed the wise man 70 gather
the gold from the drossiest volume, and which
did not fear to add any more folly to the fool
"Thc Ssate," ssid he, "shsll be my governor,
but not my critical What he thought then,
at the dawn Of English popular freedom, the
courts of England afterWard applied to both re-
ligion and poiticl. On the 24!h OF July, 1881,