Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1863-05-27


not attach to the officer or General
command of a military department
The only reason why the appointment
made, Is that the President can notdi
charge the duties in person He, there
iore, constitutes an agent to represen
MN, clothed with necessary power 70
the e1hclent supervision of the militar
interests OF the Government throuehou
the department. And it Is not neeessar,
that martial law should be proclaimed O
exist, to enable the General in common,
TO perform the duties assigned to him
Martial law is well defined by an able in
rlst to be the will of military comman
der, operating without any restraint
save his judgment, upon the lives, upor
the persons, upon the entire social con
dItlOn 0i all over whom this law extends.
1t cannot be claimed that this law was
in operation in General Burnside's de
partment, when Mr.. Vallandigham wa:
arrested. Nor is it necessary that il
should be in force to justify the arrest. y
The Court then referred to General
burnside as man eminently fitted for
his position as direct representative OF
the power of the President, and to the
cause which led to the issue of Order SO.
-Four of the States have q river border,
and are in perpetual danger of an inva-
sion. In Ohio, Indiana, and Illinois a
class OF mischieyous politicians succeed
ed IN poisoning the minds of portion of
the community with the rankest feelings
= OF dlsloyalty. Artful politicians. disguis-
ing their latent treason under hollow pre
tensions OF devotion to the Union. were
: STRIVING to disseminate their pestilent her
estes among the masses of the people. >
General Burnside had himself stated ful-
: ly stated his reasons for the issue of the
= order, IN his communication to the Court.
! Whether he acted discreetly or wisely.
was not subject of judicial review.
at is worthy of remark here, that this
arrest was not made by General Burnside
under any claim or pretension that he !
had authority to dispose of OF punish the |
party arrested, according to his own will /
without trial and proof of the facts alleg-
ed as the ground for the arrest, but with /
view to an investigation by a military
court or commission. Such an investiga-
ton has taken place, the result of which
mas not been made known to this Court.
Whether the Military Commission for y
the trial OF the charges against Mr..
Eallandigham was legally constituted
and had jurisdiction of the case is not a
/ question before this Court. There is
clearly no authority in this Court, on the
pending motion, to revise or reverse the
proceedings of the Military Commission.
If they were before the Court. The sole
question is whether the arrest was legal
and, as before remarked, for the reason !
stated, this Court cannot judicially de-
termlne. General Burnside is unOues- .
tlonabiy amenable to the Executive De-
partment for his conduct. If he has act Q
ed arbltrarily y and upon insufficient rea- =
sons, 1t IS within the power. and it would
be the duty OF the President, not only to =
annul his acts, but to visit him with deci- I
sIve marks OF his diSapprobation. To i
the PRESIDENT, IN his capacity of Com u
mander,ln-C Chief of the Army, he must =
answer for his official conduct But, un- o
der our Constitution, which studiously n
seeks to keep the exc 2utive, legislative,
and Judicial departments of the Govern al
ment from all interference and conflict
with each other, it would be an unwar III
fanta6le exercise of the judicial power u
TO decide that coordinate branch of the II
Government, acting under its high re- ge
possibilities, had violated the Constitu- nS
ton in its letter or its spirit, by author OF
zlng the arrest in question. Especially an
n these troublous times when the ma na
ional life is in peri, ,and when union and an
harmony among the difarent broncba1 I in
II the Government are so imperatiyely an
such interference would have &C
losexcuse or Vindication. If the doctrine re
5 to obtain, that every one charged with, 90
nd guilty of, acts of mischievous disloy- m.
lty, not within scope of the criminal re'
avs OF the land, in custody under mill er,
airy authority, Is to be set free BY the MI
ourts or judges. ON ha5eas corpus, it re- Iai
uires no argument TO prove that the me
lost alarming conflicts must follow. and
he power of the Government be most ces
ariOusly impaired. | dare not in nv Of ms
cial position, assume the fearful respon- Tar
bility implied in the sanction of such 40
octrine. Wh
and here, without subjecting myself will will
the charge OF trenching upon the do tn
lain of political discussion, NAV be in -
= 81 a.. I-a,li'stlT Ih tnat Jnere IS 100 mo
,'o n,s PtS.''s"t1gs , lt@eeI' a's'eyaIty IN hay
the loyal States, tghO seem 10 hare no i1tst ~,
so'''t'''' y D'e aeeP p e[a".1a1'ty O. hose Las
E Government and the establishment of oU
Southern Confederacy They have not, tba
fear, risen to any right estimate of their We,
lties and obligations as American citi- acc,
MS, of Government which has strewn of /
blessings with proflse hand. NAV 60,
nture the assertion that the page of 65b
story will be searched in vain for an ysa,
ample Of a rebellion so wholly destitute o1 ,
excuse or vindication, and so dark with Jafs
me as that which our bleeding country icks
now called upon to confront, and for can.
2 suppression of which all her energies Of =
, demanded" There should be no di- III
ion Of sentiment upon this momentous 10 ,
estion. Men should know, and lay the aid
tn to their heart, that there is a course t;r,e
conduct not involving overt treason, sust.
l not therefore subject to punishment ever
such, which nevertheless implies moral Strot
1t and a gross offense against their tbor
lntry. Those who live under the pro- tbo
ton and enjoy the blessings of our be- tbe
nant Government, must learn that On
y can not stab its vitals with impuni- lost /
If they cherish hatred and hostility fva :
{, and desire its subversion, let them son =
hdraw from its jurisdiction, and seek or ar
Fellowship and protection of those tbon,
h whom they are in sympathy. If tbev
y remain ,0ih us, while they are not of naxt
they must be subject to such course tbs,,
ealing as the great law of self preser- are ;
on prescribes and will enforce. And rnin;,
,hem not complain, if the stringent dran
trine of military necessity should find Jress
n to be the legitimate subjects of sno;Is
ction. l have no fears that the rec 1Tor,e U,,e
tion of this doctrine will lead to an bO,,so
tary invasion of the personal liberty beast,
be citizen. 1t is rare, indeed, that TO- 80, {,
arge of disloyalty will be made upon ond = =
ficient ground. But if there should anS =,
n occasional mistake, such an occur notb;
: = ioe ~ oe Pus ~ Win facts.
I confess, L am but little moved by eSt on
eloquent appeals of those who, while
Indignantly denounce violations of THE
onal liberty, look with no horror up ish H
despotism as unmitigated as the one pl