The weekly Lancaster gazette. (Lancaster, Ohio) 1860-1863, 1863-05-28

ior donbt. lie had achieved during his
breef military career nationareputai ion
as wise, discreet, patriotic and brave
GenSral. He not only enjoyed the conf
.dencs and respect OF the President and
Secretary of War, but of the whole
country. lie had uobly laid his party
preferences and predictions upon the
altar Of his country, and consecraied his
life 10 her service. 1t was known that
the widely extended Department, with the
military supervision Of which he was
charged, was one Of great importance and
demanded great vigilance and ability in
the administration ofits military concerns.
Kentucky was a border State, 10 which
there was large element Of dissffection
towards the National Government, and
sympathy with those in rebeioo against
it. Formidable invasious have been at
tempted and are now threatened -Four
Of the States have a river border, and are
in perpetual danger of invasion. InOhio,
Indiana and Illinois class Of mschiev
Gus politicians had succeeded in poison
ing the minds of portion Of 'he commu
nifty with the rankest feeling of dislovaI
". Arful politicians Disgusting th-ir
latent treason under hollow pretensiobG of
devotion to the Union. were striving 10
disseminate their peslirrt Eeresies among
The masses of the people. The evil was
one Of alarming magnitude, and threaten
ed seriously TO impeds.the military oper>
stions Of the Government. and greatly TO
protracl lhc suppression Of the rebellion.
General Burnside was not slow TO per
ceive the dangerous consequence Of these
dislOyal cAors, aud resolved, if possible,
TO suppress them. In the exercise Of his
discretion, he issued the order--No So
which has bern brought 10 tho notice #
the Court. shall not comment on that
order,nr say anything more in vindication
Of lis expedienev reIer 10 it only he
cause General Burnside. in his manly
and patriotic communication to the Court
has svlsd fully his motives and reasons
Tor isSning it, and also that il was tor it's
supposed violar ion that he order the ar
rest Of Mr.. Vallandigham. He has done
this under his responsibility as the Com
manding General of this Department, and
III accordance with what he supposed to
be the power vested in him by the ap,
poinrmrnt uf the President. 1t was vir.
Iuslly the act Of the Executive Depart
ment under the power VISITED in the Pre-.
dent by the Constitution and am un.
able to perceive on whist principle the
ju 'ical tribunal can be evoked to annul
or reverse it. In the Judgment OF the
Commanding General, the emergency re
quired il, and whether he act, d wisely
or discreetly is not properly a subject
for judicial review.
1t is worthy Of remark here, that this
arrest was not made by G-ntra. Burnside
Under any claim or pretension that he had
authority 10 dispose Of or punish the par.
" arrested, according to his own will
without trial and PROOF OF The facts alleg
d as the ground for the arrest. but with
view to au investigation by a military
Court or commission. Such an investi
gatIon has taken place, the result of which
has not been made koown 10 this Court
Whether the Military Commission for The
trial of the charges against Mr.. Vallandig.
ham was legally constituted and had ju.
risdictlon Of The case, lie rot a question
before this Court. There is clearly nc
authority in this Court, on the pending
motion, 10 revise or reverse the proceed
iugs of the Military Commission. il they
were before the Court. The sole qucs
'ion is, whether the arrest was legal; and
as before remarked. its legality depends
on the necessity which existed for max
ing it; and ofthat necessity. for the rea.
son stated, this Court cannot judicially
determine. General Burnside is unques
tion.bly amenable to he Executive De
partment Tor his conduct. II he has act.
ed arbitrarily and upon Insult lent rea
sons, it is within the power, and would
be the duty, of the President, not to an.
nul his acts, but 10 visit him with de-
cisive marks OF dsupprobalion. Tc
the President 10 the capacity of the
Commander iu-Chief of the Army, he
must answer for his official conduct. Bu'
under our Constitution, which studiously
seeks to keep tie executive. legislative
and Judicial departments of the Govern.
ment from all interference and conflict
with each other. il would be an unwsr
ranlabe ex rcise Of the Judicial power to
decide that 90 ordinate branch Of the
Government, acting under its high re
spoIsib!llies, had violated the Constitu
uon, in its ! tier or It's spirit, by author
izing the arrest in question. Especially
in these troublous times, WI On the nation
al Ii lie in peril, and when union and
harmony among the different branches oI
the Government as SO imperaively de
manded, such interference would find nc
excuse or vinGicaion Ii the doctrine is
to obtain, that every one charged with
and guilty Of acts Of mlschevous disloy
ally. not within the scope Of the criminal
laws Of the land, in custody under mill
tary authority, is to be set free by Courts
OF Judges on Labcas corpus, it requires
no argument, 10 prove that the most alarm
ing conflict must follow. and the power
Of the Government be most seriouly i'm
paired, dare not in my judicial posi-
ton, assume the faiful responsibility
implied in the sanction Of such doctrine
And here, without sufjecting myself
TO the charge of lreDchiug upon the do
m'ip of political discussion, l may be in
dulged in the remark that there is TOO