Year: 1863

The Vallandigham Habeas Cor
Is pus Case.


We have received report Of the opin.
ion of Judge Leavitt, in the above case in
full, which covers three columns of the dali
lies, from which we make 3 few extracts =
Th Judge thus touches upon the situation
Of the country, and the duties of citizens in
the premises


81 is not to be disguised that our country
is in imminent peril, and that the crisis de-
mands Of every American citizen, ashearty
support Of all proper means for the restora-
ton of the Union, and the safe return Of an
honorable peace. Those placed by the peo-
pie at the bead Of the government, are ear.
nestly and sincerely devoted to its preser-
walton and perpetuity. The President may
not be the man of our choice, and the meas
ures Of his administration may not be such
as all can fully approve. But these are MI
nor considerations, and can absolve no man
from the paramount obligation Of lending
his aid for the salvation of his country. All
shoule feel that no evil they can be called
on to endure as the result Of war is compar-
able with the subversion Of our chosen gov
errment, and the horrors which must fol.
low from such catastrophe.


He thus meets the question as to whether
military arrests can be justly made, where
Martial Law has not been proclaimed.


"Nor is it necessary that it (martial law
SHOULD have been in force to justify the ar.
rest. The power vested by virtue Of the au
thority was conferred by the appointment Of
the President. Under that appointment
General Burnside assumed the command of
this department. That he was man emf
neatly fitted for the position there is no
rom for adoubt. He had achieved, during
his brief military career, Q national reputa.
tlon as wise, discrete, patriotic and brave
General. He not only enjoyed the conf
dence and respect the President and Sec
retary Of War, but ofthe whole county
he had nobly lad bis party preference and
predictions upon the altar of his country
and consecrated his life to her service. 1t
was known that the widely extended de-
partment, with the military supervision of
which he was charged, was one Of great in-
portance, and demanded great vigilance and
ability in the administration Of its military
concerns. Kentucky was border State, in
which there was large element of disaffec.
ton towards the national government, and
sympathy with those in rebellion against it.
Formidable invasions have been attempted, !,
and are now threaten ed Four of the States
have river border and are in perpetual
danger of invasion. In Ohio, Indiana and
Illinois 9 class of mischievous politicians
had succeeded in poisoning the minds of a
portion Of the community with the rankest
feelings of disloyalty. Artful politicians,
Disgusting their latent treason under the
hollow pretensions of devotion to the Union
were striving to disseminate their pestilent
heresies among the masses of the people
The evil was one of alarming magnitude
and threatened seriously to impede the
military operations of the government, and
greatly to protract the suppression Of the
rebellion. Burnside was not slow to per-
ceive the dangerous consequences of these
disloyal Efforts, and resolved, ifpossible, to
suppress them


We suppose the copperhead fraternity will
find but little comfort in the following


And here, without subjecting myself to
the charge of trenching upon the domain of
political discussion, may be indulged in
the remark that there is to much of the pes.
tilential leaven of the disloyalty in the CON-
munity. There is class Of men in the
loyal States who seem to have no just ap-
precstion Of the deep crirninalty of those
who are in arms avowedly for the overthrow
Of the Government, and the establishment
ofa Southern Confederacy, They have not,
I fear, risen to any right estimate of their
duties and obligations, as American citizens
to Government, which has strown its
blessings with q profuse band. may ven-
ture the assertion that the page of history
will be searched in vain for an example of a
rebellion SO wholly destitute of excuse or
vindication, and as dark with crime, as that
which our bleeding country is now called
upon to confront, and for the suppression Of
which all her energies are demanded. Its
cause is to be found in the lnhallowed am
bition of political aspirants and agitators,
who boldly avow their aim, not the estab-
lishmsnt ofa Government for the better Sc
curity of human rights, but one in which all
political power is to be concentrated in an
odious despotic oligarchy. It is indeed
consolatory to know that in most sections
of the North, those who sympathise with
the rebellion, are not so numerous and form
idable, as the apprehensions of some would
seem to indicate. It may be assumed,
trust, that in most Of the Northern States,
reliable and unwilling and unwearying pa
triotism is the rule, and disloyalty and trea-
son tho exception. But there should be no
division of sentiments upon this momentous
question. Men should know, and lay the
truth to their heart, that there is course
Of conduct not involving over treason, and
not therefore subject to punishment as such,