The Portage County Democrat. [volume] (Ravenna, Ohio) 1854-1868, 1863-08-12
RAyENNA, o., WEDNEs DAY, AUGUST12 1868

cuss the reasons for this extraordinary nemina-
ton. And here before proceeding, will
state that if there is a candid man here who
desires to ask any questions touching this
matter I shall be most happy to answer his
questions to the best of my ability.
1t is said that Mr. Vallandigham has been
Illegally convicted, and therefore we must
make him Governor. The familiar provi-
sions of the Constitution of the United States
protecting the personal liberty of the citizen
by trial of a jury are quoted. With the same
application no rebel soldier could be shot
without trial by jury; no deserter could be
arrested without hearing before Judge; no
spy could be hung except upon conviction
by Petit Jury. War has its laws as well as
peace. They are entirely consistent, with and
yet independent of each other. Each has its
office, its tribunal and its form of trial. The
civil laws prescribe civil offences and the mode
of punishment but these laws do not apply
to military offences committed in time of
war. Nor is it possible to define the-latter
class Of offences with the precision of civil
laws and tribunals. The general rules may
be stated, that any obstruction to the military
force in time of war within the lines of mill
tary operation is an offence to be overcome
and punished by military force in military tri-
bunals, and according to the usage of modern
warfare. In the execution of this rule in
time of war, military authority and military
tribunals are substituted in the place of civil
laws and courts. ,,. ,z a....-.s
This is the law which ali good citizens and
the civil courts are bound to recognize during
war. Now, that / may not state wrong le-
gal proposition, l viii venture to read TO YOU
from law book, from Halleck's International
Law. l.7 ee
-" When military force is called out to re-
repcl invasion or suppress rebellion, it is not
placed under the direction of the judiciary,
but under that of the executive. Suppose
the military force. legally, and constitutional
y called into service for the purposes indi-
Gated, should find it necessary, in the course
of its military operations, to occupy field or
garden, or destroy trees, OF houses belonging
to some private person, can court by iniunc-
ton restrain them from committing such
waste? It can do so in time of peace, and, if
its powers are to continue in time of war; the
judiciary, not the executive, will command
the army and navy. The taking or destroy
ing of private property, in such cases, is a
military act, an act of war, and must be gov
erned by the laws of war; /; it is not provided
for by the laws of peace. In the same way
a person taken and held by the military forces
| whether before, or in, or after battle, or
without any battle at all, is virtually prison
er Of s0ar. No matter what his alleged Of
fense, whether he is rebel, traitor, a spy, or
an enemy in arms. he is to be held and pun
ished according to the 1a,os of soar; for these
have been substituted for the laws of peace -
1t may be that in the execution of this rule
the Executive or military branch of the Gov
ernment has in some cases exercised its au-
thority when We deem unnecessary and i'm
polite. During war much must be left to
military discretion. Judge Hall endeavored
to aid the British in 1915. Gen. jackson
promptly suppressed him. Valandigham
was actually aiding the public enemies he
interfered with military authority. General
Burnside expelled him beyond our lines
Both acts have been denounced as tyrannical
and impolitio. Both would be denounced by
the civil laws in time of peace-both are JUS
tilted by the laws of war in time of war;
/ If in time of war the acts of the citizer
!. plainly aid the public enemy or obstruct any
of the necessary operations of the General
he must suppress them. The design mus
be Immediately palpable and pressing. and the
acts complained of must be an obstruction O
military authority. So Gen. Burnside re-
garded the acts and speeches of Mr.. v, anc
for these he was tried by the only tribuna
known to military law. Let us look at tn,
facts Gen. Burnside was charged by tn,
President with the defense of Ohio, Ken
tucky and Indiana, and enemies were thel
making forays within his military district
, killing, robbing and plundering our citizens
He had to depend upon his soldiers and sucl
! and overcome these enemies. But for his ar
my, guerrillas under John Morgan and .thei
rebel chiefs, could have oyerrun the whole Q
9 the States of Kentucky, Indiana and Ohio
spreading everywhere the. horrors and desola
: tions of war. When Valiandig ham was al
9 rested there were open and secret organiza
:. tions within this State to induce our soldier
4 to desert-to protect them from arrest, or
e prevent enlistments. This was known t
q Gen. Burnside and every other citizen. Val
: landigham wss actively engaged exciting hos
y tility to the Government, to the war, and t
g all constituted authorities. He had mad
! himself UNANIMOUSLY prominent in opposin
every measure of National defense Th
: sure instinct of the rebels and all at HON
= who were organized to resist the laws, poin
" ed him out to them as their friend and asst
# ciate. The sure instincts of every loyal so
a dier in our army pointed him out as their Ell
a emy. Cunning, malignant and yet GOVERN
n his operations with the forms of law, he WI
r. doing all that one man could to aid the re-
70 els and overthrow the Government
n On the 18th of April last, Gen. Burnsit
le issued General Order No. SO, notifying .
ar persons within our lines "who commit &C
Il for the benefit of the enemies of our countr
r. that they will. be tried as spies or traitors"
to After specifying different military offenc
he that would be punished, he says: at
inj habit of decIarino symnathv for the enen