Year: 1863

5.de-C CFrom the Cincinnati Times, 10Th. ] -, ,E3


The decision on the application for a writ
of Habeas Corpus, was delivered by Judge
Laavtt this morning. We have not room to
publish it in full, which we should otherwise
be glad to do as it is an able document, and
one which will be uniYersallyl-ead .si5si1sa


After a general statement of the case,
which need not be repeated here, as all the
particulars are familiar to our readers, the
Judge remarked that the doctrine was we'll.
established that the writ could not issue ofo
course, but only on sufficient cause shown
He then referred to the Rupert case, decided
in the same Court in October, 1862, which
was substantially the same as the present, in
which the writ was disallowed That was
/ made with the concurrence of Judge Swayne,
and he could not now reverse it if he would.
The fact that Rupert was public man did
not change the aspect of the case. e-'
The ground for the application was that
Mr.. Vallandigham was not in the military OF
naval service, and was consequently not
amenable to the military authority; and the
Constitutional provisions for the protection
of liberty were read by counsel and COM
mented upon at length. Butt says the
Judge, the Court cannot shut its eyes to the
grave fact that war exists, involving the most
imminent public danger, and threatening the
subversion and destruction of the Constitu-
ton itself. In my judgment, when the life
of the Republic is imperiled, he mistakes his
duty and obligations as a patr;ot-who is not
willing to concede to the Constitution such
capacity of adaptation to circumstances as
may be necessary to meet a great emergen-
cy and save the nation from helpless ruin.


Self-preservation is paramount law,
which a nation, as well as an individual, may
find it necessary to invokc.'' lf.f afs 57a


Our fathers, the Judge declares, foreseeing
the result of ambitious schemes for aggran-
dizement, provided for Just such an emergeu-
cy as the present, by granting Congress power
to raise and support armies, and to create
navy When they made these grants they
were aware of the magnitude of the powers
conferred, in order to give the clauses effect.
| The rebellion of 1885 called for the enact
nnent of law in pursuance of these provi
sions of the Constitution, and it was enacted.
1t was under this statute that the President
issued his call for volunteers after the bonn
bardment of Fort Sumter ass -s--aa


i" 1t is not to be disguised" he says, " that
the country is in imminent danger, and that
the crises demands of every American citi-
zee hearty support of all proper measures
for the restoration of the Union and the re-
turn of an honorable peace. = The
President may not be the man of our choice,
and his measures not be such as all can fully
approve; but these are minor considerations,
aud excuse no one from the paramount obi
CATION of lending bis aid to the salvation of
the country. All should remember that no
evil is so great as disunion.'


And again, " 1t is clearly no time for any
one connected with the judicial department
of the government to allow himself, except
from the stringent obligations of duty, to
thwart the executive in his efforts to deliver
the country from the dangers which press so
heavily upon it" If Gen. Burnside has ex-
ceeded his authority, it is the duty of the
President to apply the remedy. The Presi-
dent being Commander in Chief of the army,
must Judge of the military necessity. He is
responsible to the county for a violation OF
his duties, and can be impeached.


The power of the President undoubtedly
implies the right to arrest persons who are
mischievous and disloyal, thereby endapger-
ING the existence of the Government, ard the
success of the army; and possessing it he
can delegate it to the Commander of De-
partment. E a


Martial law is defined to be "the will of
the military commander, operating without
| restraint, save his own judgment, upon the
entire social and individual condition OF the
people. To the objection that no proclama-
| ton of martial law had been issued, 1t need
only be said that no such thing is necessary"


A high culogy on the capacity an integri-
ty of Gen. Burnside, is here pronounced,
| which is altogether lnerlted


He then adds: HArtfur and designing


politicians Disgusting their latent treason un-
der hollow ,pretences OF. devotion to the I'm
| ion. were striving to disseminate their pesti-
lential heresies, among the masses of the
people The evil was one of alarming mag


nitude, and threatened seriously to impede


the military operations of the government,
! and greatly protract the war" 1t was with
this fact before him, that Gen. Burnside


promptly issued his famous order No. 30,


which had been brought to the notice of the
Court.