Year: 1863

of Mr.. Pugh and Perry.


The United States Courtroom was crowded
yesterday, 70 hear the proceedings in the applica
ton for writ of heabeas corpus for the release
of Hon. Clement L. ValIandgham, now held in
custody by the military authorities. Upon the
opening of the Court, Mr.. Perry, who appeared
with the District Attorney for General Burnside,
presented the following statement from the Gen.
eral:


HEADQUARTERS DEPARrSIE OF THE ONO,


CIScNNATI, Ohio, May II, 1868.
To the Honorable the Circuit of the United States with


in and for the Southern District Of Ohio


The undersigned. commanding the Department
of the Ohio, having received notice from the
| Clerk of said Court that application for the
allowance of writ of heabeas corpus will be
made this morning before your Honors in behalf
of Clement L. Vallandigham, now a prisoner in
my custody, asks leave to submit TO the Court
the following


STATEMENT.


| If were to indulge in wholesale criticism of
the policy of the Government, il would demoral-
ize the army under NV command, and every
friend of bis country would call me traitor. If
the officers, or soldiers. were to indulge in such
criticisms, it would weaken the army to the ex
tent of their influence; and if this criticism were
universal in the army. it would cause it to be
broken to pieces. the Government to be divided,
our homes to be invaded. and anarchy to reign
My duty to NV Government forbids me to indulge
in such criticisms; officers and soldiers are not
allowed to so indulge. and this course will be sus-
tanned by all honest men,


Now, will go further. We are in state of
civil war. One of the States of this department
is at this moment invaded. and three others have
been threatened. / command the department,
and it is my duty to NV country and to this army
to keep il in the best possible condition; to see
that it is fed, clad, armed, and as far as possible
to see that il is encouraged. If it is my duty and
the duty of the troops to avoid saying ANYTHING
that would weaken the army by preventing a
single recruit from joining the ranks, by bringing
the laws of Congress into disrepute, or by caus
ing dissatisfaction in the ranks il is equally the
duty of every citizen l. the department to avoid
the same evil. If it is my duty to prevent the
propagation of this evil in the army, or in por-
ton of my department, il is equally my duty in
all portions of it, and it is my duty to all the
force in my power to stop il.


If were to find man from the enemy's
country. distributing in my camps speeches of
their men that tended to demoralize the troops,
or TO destroy their confidence in the constituted
authorities of the Government. [ would have
them tried and hung if found guilty. and all the
rules of modern warfare would sustain me. Why
should such speeches from our own public men
be allowed?


The press and public men, in a great emergen-
cy like the present, should avoid the of party
epthets and bitter invectves, and discourage the
organization of secret political societies, which
are always undignifed and disgracefu to free
people, but now absolutely wrong and inin-
rious; they create dissensons and discord, which
just now amount 10 treason. The simple names
Patriot" and Traitor" are comprehensive
enough.


As before said, we are in state of civil war,
end an emergency is upon us which requires the
operations of some power that moves more quick
| ly than the civil.


There never war carried on successfully
without the exercise of that power
! 1t is said that the speeches which are condemn
ed, we're made in the presence of large bodies of
citizens. Who il they thought them wrong, would
have then and there condemned them. That is
no argument. These citizens do not realize the
effect upon the army of the country, who are its
defenders. They have never been in the feld
never faced the enemies of their country; never
undergone the privauOns of our soldiers in the
field; and besides. they have been in the habit of
hearing their public men speak. and, a general
thing, of approving of what they say; therefore,
the greater responsibility rests upon the public
men and upon the public press, and it behooves
| them to be careful as to what they say. They
must not use license and plead that they are ex-
ercisng liberty. In this Department it can not
be done / shall use all the power / have to
break down such license, and am sure will be
sustained in this course by all honest men. At
all events will have the consciousness, before
God, of having done my duty to my country, and
when am swerved from the performance of that
duty by any pressure, public or private, or by
any prejudice, l will no longer be man
patriot.


Iagain assert, that every power | possess on
earth, that is given me from above, will be
used i'm defense of my Government, on all occa
sions at all times and all places within this De-
partment. There is no party-no community
no State GOvernment-nO State legislative body
no corporation or body of men that have the
power TO inaugrrate a policy that has the
validity OF law and power, but the constituted au
thorities of the Government of the United States;
and am determined to support their policy. If
| the people do not approve that policy, they
change the constitutional authorities of the Gov
ernment at the proper time and by the proper
method. Let them freely discuss the policy in a
proper tone; but my duty requires me to stop Ii
cense and Incorporate discussion. which tend to
weaken the authority of the Government and ar
my; while the latter is in the presence of the
enemy, it is cowardly so to weaken it, This H.
cense could not be used in our camps-tbe man
would be torn in pieces who would attempt it,
There is no fear of the people losing their lber
ties; all know that to be CRY of dema sogues,
and none but the ignorant will listen to t; all
intelligent men know that our people are too far
advanced in the scale of religion, civilization edu
cation and freedom to allow any power on earth
to interfere with their liberties; but this same ad
vancement in these great characteristics of our
people, teaches them to make all necessary sac
rifces for their country. when an emergency re
qIires. They will support the constituted
th0rities of the Government whether they agree
with them or not. Indeed, the army itself is a
part of the people, and is so thoroughly educated
in the love OF civil liberty, which is the best guar
antee for the permanence of our republican inst
tutions that it would itself be the first to oppose
any attempt to continue the exercise OF military
authority after the establishment of peace by the
overthrow of the rebellion No man on earth
can lead our citizen soldiery to the establishment
of military despotism, and no man living would
nave the folly to attempt it. To do so would be
to seal his own doom. On this point there can
be no ground for apprehension the part of
the people.


Ii is said tina. we can have peace if we Law
down our arms All sensible men know this to
be untrue. Were it so, ought we to be so cow
ardy as to lay them until the authority of the
Government is acknowledged


| beg to call upon the fathers. mothers, broth
ers, sisters, sons, daughters relatives, friends and
neighbors OF the soldiers in the field to aid me in
stopping this license and incorporate discussion,
which is discouraging our armies. weakening the
hands OF the Government, and thereby strength
ening the enemy. III we our honest efforts,
God will bless US with a glorious peace and
united country. Men of every shade of opinion
have the same vital interest in the suppression of
the rebellion; for should we fail in the task the
dread horrors of a ruined and distracted nation
will fall alike on ALL whether patriots or traitors.


These are, substantially. nv reasons for
Issuing General Order No. 3S, my reasons for