The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-11-12

4 I
Every day the popular Indignation grew
stronger and more intense. It had been
Burnside's intention to arrest all the chief
Democratic leaders of the Northwest; and
in some cases the orders had been made
out. In alarm, he was now obliged to
pause. His attempt soon after, to sup
press the Chicago Times, called forth SO
powerful an insurrectionary feeling that
the President was forced to revoke the or
der. Thus, through premature and too
violent development, the whole conspi-
|racy to break down party opposition to
the men in power, and subjugate the
Northwest, utterly failed. tOrder 3S'
died. The counter-revolution, at last,
fairly set in, and continued with increas-
ing violence, till the Confederate inva-
sion of Pennsylvania aud the subsequent
fall of Vicksburg reversed the whole cur
rent, and revived the failing fortunes Of
the war party and the Administrations.
"Two days after the trial before the
military commission, the Hon. George q.
Pugh, on behalf of Mr.. Vallandigham,
moved for writ of habeas corpus, before
Humphrey Ell. Leavitt, Judge Of She
United States Court for the Southern
District Of Ohio. No suspension of the
privilege of the writ had, at that time,
been declared under the act Of Congress,
and the pretense Of a Presidential right
to suspend it had been exploded. Judge
Leavitt required that notice of the ap-
plication should be first given to Burn
side, who submitted an extraordinary pa
per justifying the act, and claiming a
constitutional and legal right to commit
it, as military commandant of the De-
partment Of the Ohio, which he chose to
regard as vast camp, every citizen with
in its limits being subject to military
law. The case was opened on the 11th,
by Mr.. Pugh, in an argument Of great
ability and consummate eloquence. He
was replied to, on behalf of Burnside,by
two members Of the Cincinnati bar, in
elaborate speeches, appropriated and mod
ernized from the crowned lawyers Of the.
reign of Charles the First and James the
Second. s.Mr. Pugh rejoined in an argu-
ment of even greater ability than his first
and Judge Leayitt, after, two or three
days consideration, and upon consulta
ton with Burnside. refused the writ upon
the grounds-frst, that the arrest was
legal; and, second, that though it had
been illegal, it was morally certain that
the writ would not be obeyed, and there
fore ought not to be issued. Not since
the days of. Empson, Dudley or Jefreys,
had such judicial seryility to executive
power been exhibited. Never, except
npnn the trial of John Hampden. in the
ship-money case, was like topinion pro-
nounced. from TIE bench, Let a single
sentence suffice; The sole question, says
this most righteous Judge, SIS whether
the arrest was legal; and, as before re-
marked. its legality depends on the ne
lcesity which existed for making it, and of
that necessity, for the reason stated, this
courtcannot fjudicially determine And
yet this monstrous doctrine is among the
most. moderate utterances of the opinion.
The twelve judges of the first Charles
were not more complaisant There is d
rule Of law, said one Of them, land a
rule of government; and many things
which may, not be done by the rule of
law, may be, done by the rule of govern
ment; and they all agree that, when the
good and safety Of the kingdom in gene.
raj is concerned, the king is the sole
Judge, both of the danger, and when and
how the same is to be prevented and
avoided The English judges held their
Offices during the pleasure Of their mas
ter, the kings The Americanjud held
his for life, and under written consti-
tntion, which expressly declared that no
citizen should be arrested, Except upcu
due process Of law Is.ss,mMc9 e8f
aTwo days after the refusal Of the lsdL
teos corpus, the sentence Of the military
commission and the approval Of it by
Burnside was made public, condemning
Mr.. Vallandigham to 'close confinement
III Fort Warren, Boston tharbor, during
the war;. Imprisonment on the Dry Tor
tngas Islands had, at first, been conten-
plated; and many believed that sentence
of death had been Burnside's original
purpose, from which he was deferred
alone by the violence of the popular in
| ldignation which the arrest had excited
Whether; this be true Or not, he certainly
insisted to q distinguished gentleman of
Cincinnati, that he might justly put Mr..
". to death for a speech delivered by him
at Batavia. in April" OVa7 sa
/, Since this narrative was written con-
elusive proof has appeared, quite inde-
pendent even of one Deacon Gray S state
ment, that my death was Burnside's orig
inal design, though / deny that I am in
any wise indebted for safety to the ten
lder mercies of the late Governor Tod
Benjamin r. Wade said during the recent
campaign, that it was misfortune that
Burnside's purpose had not been carried
out promptly at the time. l dare say that
Wade really thought SO when he spoke,
Fand doubly wishes SO now. 80 % 4el
"On the 18th of May, Mr.. Vallapdig-
ham was transferred from the Burnet
House to the gunboat Exchange, then ~
ing in the Ohio opposite Cincinnati, near
Newport Barracks. The same evening
Abraham Lincoln changed the sentence,
land ordered Burnside to send him, under
secure guard, to Gen. Rosecrans, to be by
him put beyond the Federal military
lines; ordering further, that in case Of his
return within.the lines he should be ar
rested and kept in close custody for the
term originally specified. This order