Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1863-05-27

President, in his capacity of Commander-in-
Chief of the army, he must answer for his
official conduct. But, under our Constitu-
tion, which studiously seeks TO keep the ex-
eeutive, Legislative and judicial departments of
the Government from all interferences and
conflict with each OF cr,it would be unwar-
rantable exercise of the judicial power to de-
eide that coordinate branch of the Govern
ment, acting under its high responsibilities,
had violated the Constitution, in its letter or
its spirit by authorizing the arrest in question:.
Especially in these troublous times, when
the national life is in peril. and when union
and harmony among the different branches of
the Government are so inperatively demand
ed. such interference would find no excuse or
vlndication. If the doctrine is TO obtain, that
every one charged with, and guilty of, acts OF
mIschieyous disioyalty, not within the scope
Of the criminal laws of the land, in custody
under military authority, is to be set free by
courts.or judges on habeGs corpus, it requires
10 argument 10 prove that the most alarming
conflicts must follow. and the power of the
government be most seriously impaired. /
dare not in my judicial position, assume the
fearful responsibility implied in the sanction
of such doctrine.
And here, without subjecting myself to the
charge OF trenching upon the domain of poIit-
ical discussion, may be indulged in the re-
mark that there is too much OF the pestilen-
tial leaven of disloyaity in the community.
There is class of men in the loyal States,
who seem to have no just appreciation of the
6an ai,1,t <,f,
avowedly tor the overthrow of the Govern
ment, and the establishment of Southern
Confederacy. They have not, fear. risen to
any right estimate OF their duties and obIiga-
tions as American citizens. to Government
which has strewn its blessings with profuse
hand. may venture the assertion, that the
page of history will be searched in vain for
an example of rebellion so wholly destitute
of excuse vindication, and so dark with
crime, as that which our bleeding country is
ynew called upon to confront, and for the sup
preston of which all her energies are deman-
ded. Its cause is to be found in the unhal-
lowed ambition OF political aspirants and
agitators. who boldly avow as their aim, not
the establishment of Government for the bet
all political power is to be concentrated In an
odious and despotic oigarchy. 1t is indeed
consolatory to know that in most sections of
the North. those who sympathise with the re-
belliop, are not SO numerous or formidable as
the apprehensions of some wonld seem to in
dicate. 1t may be assumed, trust, eAat in
most of the Northern States, reliable and un-
swerying patriotism is the rule, and disloyai-
ty and treason the exception. But there
should be no division of sentiment upon this
momeDtous question. Men should know,
and lay the truth to their heart, that there is
course of conduct not involving over. trea-
son, and not therefore subject to punishment
as such, which nevertheless implies moral
guilt and gross offensc against their country.
Those who live under the prote ction and
enjoy the blessings of our benignant Govern
ment, must learn that they cannot stab its
vitals with impunity. If they cherish hatred
and hostility to IT., and desire its subversion,
let them withdraw from its jurisdiction, and
seek the fellowship and protection of those
with whom they are in sympathy. If they
remain teifh us, while they are not of us, they
must be subject to such a course of dealing as
the great law of self-preservation prescribes
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 action.
have fears that the recognition of this
doctrine will lead to an arbitrary invasion of
the personal security or personal liberty of the
citizen. 1t is rare indeed, that charge OF
disloyaity will be made npon insufficient
grounds. But, if there should be an occa-
sional misktake, such an occurrence is not to
be put in competition with the preservation of
the life of the nation. And 1 confess, l am
but little moved by the eloquent appeals of
those who, while they Indignantly denounce
violations OF personal liberty. look with no
horror upon despotism as unmitgated as
the world has ever Witnessed
Bst can not pursue this subject further.
1 am aware there points made by the |
learned counsel representing Mr.. Vallandig- |
ham, to which / have not adverted. / have |
crate consideration of the questions involved |
in this application. For the reasons which l |
have attempted to set forth, am led clearly |
to the conclusion that / can not judicially |
pronounce the order of Gen. Burnside for the
arresI of Mr.. Vallandigbam as a nullity, aud
must. therefore, hold that sufficient ground
has been exhibited for granting the writ ap-
piled for.