The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1863-06-05

"'Artful and designing politicians, disguis-
ing their latent treason under the hollow pre-
tense OF devotion to the Union, were striv-
ing to disseminate their pestilential hcrcsies
among the masses Of the people. Inc c'h
was one OF alarming magnitude; ana 'nlea.
encd seriously to impede the military oPer"
tions OF the Government, ana greatly Pro'
tract the war; IL was with this TACT before
him, that Gen. Burnside promptly Issued MS
famous order No. SO, which had been brought
10 the notice Of the Court. lie would not
dwell further upon it. and only referred to 1t
because Gen. Burnside, in his manly and
patriotic letter to the Court, gave his reasons
at length for issuing it. The legality Of the
arrest depends upon the extent Of the neces-
sity for making it, and that was to be deter
mined by the military commander"
After stating that those who have sworn
allegiance to a country must learn that they
cannot stab its yitals with IMMUNITY, whether
with arms in their hands upon the field or
with equally destructive weapons upon the
rostrum, he concludes:
"lf they cherish hatred and hostility to 1t,
and desire its subversion, let them withdraw
from its jurisdiction. and seek the fellowship
and protection Of those with whom they are
in sympathy. II they remain with US, while
they are not Of us. they must be subject to
such course Of dealing rs the great law OF
sclf.preservation prcscribes and will enforce.
And let them not complain If the stringent
doctrine of military necessity should find
them to be the legitimate subjects Of its ac-
ton. have no fears that the recognition
Of this doctrine will lead to an arbitrary In
yasion of the personal security or personal
liberty of the citizen. II is rare, indeed,
that a charge of disloyalty will be made up
on insufficient grounds. But If there should
DO an occasional mistake, such an occurrence
is not to be put in competition with tho pres
eryation of the life Of the nation, and con-
fess am but little moved by the eloquent
appeals of those who, while they Indignantly
denounce violation OF personal liberty, look
with no horror upon despotism as unmti.
gated rs the world has ever witnessed.
For the reasons which have attempted to
set forth, am led clearly to the conclusion
that cannot judiciously pronounce the or
der of Gen. Burnside for tho arrest OF Mr..
Vallandigham as nulity, and must there
fore hold that no sufficient ground has been
exhibited for granting the writ applied for
And may properly add here, that am for
tilted in my conclusion by the fact just
brought to my notice, that the Legislature Of
Ohio, at its late session, has passed two stat
utes in which the legality and validity OF
arrests in the State. under military authori'
ty. are distinctly sanctioned. This is clear
indication of the opinion of that body that
the rights and liberties Of the people are not
put in jeopardy by the exercise of the power
in question, and is moreover concession
that the pfesent state Of the country requires
and justifes its exercise. LISA clear inti-
nation that the people Of our patriotic State
will sanction such construction OF the Con-
stitution as, without clear violation of the
letter, will adapt it to the existing emcr-
gency."