The Placer herald., 1864-07-02
The Return of Vallandigham.

Clement L. Valandigham was banishec
from the country, not by process of law, bu
by Presidential edict He was never found
guilty of treason or any other crime known
to the laws by the legally ordained tribunals
A military commission pretended to find him
guilty of discouraging enllstments, and senI
fenced him to Imprisonment. If we were to
admit the legality of this proceeding, which
however we do not, it would not Justify the
President in banishing Vallandgham. The
act of banishment was an arbitrary, despotic
exercise of power-without warrant of law,
without precedent, and is therefore as void of
obligation upon MIR. Valandighsm as an
edict written by him would be banishing
Lincoln from the country. Mr.. Valandig,
ham should have returned long before this
he could have done 50 without violating any
law of his country or any command Of e
gally constituted tribunal of Justice He
was arrested by brute force and carried out
of the country by brute force; but once bel
yond its direction he was free man, and as
free American citizen had right to return
to Ohio, or any other place where his inci-
nations might lead him. We know that it
is claimed that his arrest and banishment
were legal, but those who recognize the bind
ing character of the Constitution of the
United States and the laws of Ohio, know
better. No warrant can be found for arrest
ing and trying a man for a crime of that
character by a military commission in a
State where peace prevailed. Court martials
and military commissions may try men with
in the lines of actual hostilities, for in such
cases the military supercedes the civil law
but at the time Valandigham was arrested
no such state of things prevailed. The civil
law was supreme, and the mere declaration
of any military commander to the contrary
was usurpation Of the rights of the people
of Ohio, and therefore rendered void. Mr.
ValIandigham' case was appealed to the Su
preme Court and that tribunal refused to
take jurisdiction of it. Well it might, for
it is plain enough to those who examine the
case, that no appeal could lie from the action
of such an irregular and illegally constituted
court as passed sentence upon him. The
Supreme Court of the United States could
never indorse the acts of such tribunal by
taking any notice whatever of its acts. The
only relief Vallandigham could have, would
be as against the parties illegally depr.ving
him of his liberty, and carrying him to a
distant place, and that relief could only
come through the civil tribunals in differ
ent form from what the case was presented
to the Supreme Court. He cannot, however,
be considered as entitled to relief for deten,
tion in Canada, for no one has detained him
there. From the time that he was out of
the forcible custody of those who carried
him out of Ohio, he has been at liberty to
60 whore he pleased, no force held him in
Canada. 1t now remains to be seen whether
he will be again arrested and deprived of
liberty, imprisoned or banished. lie has the
same right to walk the earth unrestrained
and breathe the air of Ohio as any other
citizen, and the people of Ohio ought to see
to it, that her citizens are not deprived OF
liberty in any other manner than strictly &C
cordng to the Constitution and laws of the
country. MdrySpile ErpreSs.