Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-02-18

Some time in Aprii or May of last year
Gen. Burnside, whose head quarters
were at that time in Cincinnati, issued
his famous Order No. 3S, which, in
word provided for the effectual discom-
fort Of any person who showed signs of
secession en- the north side of the Union
lines. Under this order, two men who
had been recruiting in Kentucky for the
rebel army, were tried as spies, con-
demncd as spies, and hung as spies" 1t
wss'a time of gloom and perplexity to
the friends of the Union. Misfortunes
one after another had befallen our cause;
the rebels were jubilant and the copper
heads defiant This was especially the
case in some counties of Ohio. Not
long after this stringent but necessary
order was promulgated, vallandigham
made speech in Dayton, in which he
declared this order to be "a base usur-
patton of arbitrary power" that che des-
pissed it, spit upon it, trampled 1t under
his feet, and would never submit to it."
In three days after this defiant and trea-
sonable speech, he had an opportunity
Of showing whether he could trample
the order under foot or not. He was ar
rested and arraigned before a court of
eight officers, for violation of this order,
convicted and sentenced to confinement
in Fort Warren during the war. The
President thinking it either good joke,
or good policy, committed the sentence
to Punishment among the rebels where
he belonged. For reasons best known
to the rebels and to Vallandigham he
embraced an early opportunity to run the
blockade and in due time was heard
from in Canada. What a howl was set
up by all rebel sympathizers How they
were going to annihilate Gen. Burnside
and the President-elect Vallandgham
Governor and bring him from Canada in
triumph! A plump Hundred Thousand
majority of votes against him at the Oc-
tober election produced slight change
in the aspect Of things. This verdict Of
the people and the soldiers was an ele-
ment which the copperheads had not
taken into their calculations.
Their hopes now centered in the Su-
preme Court. They had already poured
out walls Of wrath upon the head of
Judge Leavitt of Ohio, because he had
refused the application for writ of ha-
beas corpus. But now the Supreme
Court of the United States have solemn
ly decided against the application to an
null the sentence of the Military Court.
The Court declare they have no jurisdic
ton in the case they can do nothing to
relieve man who has got himself into
-----J ~ o.'AAo 'A" 0aSniy aia anu
comfort.
So far as our knowledge extends, the
copperheads have been very sparing in
their abuse Of the Supreme Court. They
undoubtedly expected different result
in this case; and whether they will still
continue to treat this body with due
respect, or whether they will say of it as
they did of Judge Leavitt that it is a
+" minion" and a "perjured betrayer of
trust" remains to be seen.
Whatever may have been the past
antecedents Of the Supreme Court, it is
undoubtedly true that since the out
break of the rebellion, the opinion of
this Court has never been given in op-
position to the acts of the President
This ought to pnt to shame and silence
those who have been clamorous about his
unconstitutional and tyrannical usur-
pations."