Year: 1863

Oeh. Is urnside on COpperheads.


THE vALLANDIGHAM CASE


Mr.. Valandigham having made application
to the Circuit Court for writ of hdbeds cor
pus, General Burnside, on not ifcation of the
facts, seut to the court the following docu-
meht:


HEADQUARTERS, DEPART. OF THE OHIO.


CINCINNATI, o., May III, 1853


To the Honorable the Circuit Court of the


United States ,oittin and for the South


era District of Ohio.


The undersigned, commanding the Depart
ment of the Ohio, having received notice from
the clerk OF said court that an application for
the allowance of writ of hdbeas corpds will
be made this morning before your honors on
behalf of G. l.. Vallandigham, now prisoner
In my custody, asks leave to submit to the
court the following statement:


II were toindulge in wholesale criticisms
OF the policy OF the government, it would de-
moralze the army under my command, and
every friend OF his country would call pe a
traitor. III the officers or soldiers were to in
dulge in such criticisms, it would weaken the
army 10 the extent of their influence; and if
this criticism were universal in the army it
would cause it to be broken to pieces the gov
eminent to be divided, our homes to be inva--
ded and anarchy to reign. My duty to my
government forbids me to indulge in such crit
icisms; officers and soldiers are not allowed to
so indulge, and this course will be sustained
by a ii honest men.


Now, l viii go further. We are in a state of
civil war. One OF the states of this depart
ment is at this moment invaded, and three
Others have been threatened. command the
department, and it is my duty to my 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 that it is encour-
aged. If 1t is my duty and the duty of the
troops to avoid saying anything that would
weaken the army, by preventing a single re-
cruit from joining the ranks, by bringing the
laws of Congress into disrepute, or by causing
dissatisfaction in the ranks, it is equally the
duty of every citizen in the department to
avoid the same evil. If it is my duty to pre-
vent the propagation OF this evil in the army,
or in asportion of my department, it is equally
my duty in all portions of it; and it is my
duty TO use all the force in my power to stop
ii.


II l were to find man from the enemy's
country distributing irf my camps speeches of
their public men, that tended to demoralize the
troops, or to destroy their confidence in the
constituted authorities of the government /
would have him tried, and hung if found gull
ty, 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 great emer-
gency like the present, should avoid the use of
party epithets and bitter invectives and dis
courage the organization of secret political
societies, which are always undignited and
disgraceful TO free people, but now are
absolutely wrong and Injurious: they create
dissensons and discord, which just now amount
TO treason. The simple names 'patriot' and
"traiior' are comprehensive enough.


As | before said, we are in a state of civil
war, and an emergency is upon us which re-
ba M offs fIa
more quickly than the civil.


There never was war carried on success
fully without the exercise of that power


Ii is said that the speeches which are con-
demned have been made in the presence Of
large bodies of citizens, who, if they thought
them wrong, would have then and there con-
demned them. That is no argument. These
citizens do not realize the effect upon the ar
my OF our country, who are its defenders.
They have never been in the field; never
faced the enemies OF their country; never un-
derwent the privations OF onr soldiers in the
field; and besides, they have been in the hab-
1t Of hearing their public men speak, and, as
general thing, OF approving of what they
say; therefore. the greater responsibility rests
upon the public men and upon the public
press, and II behooyes them to be careful as to
what they say. They mast not use license.
and plead that they exercising liberty
In this department it cannot be done. shall
use I'll the power / have to break down such
license, and l 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, will no longer be man
or patriot.


again assert, that every power | possess
on earth, or that is given me from above, will
be used in defense of my government, on all
occasions, at all times, and in all places with
in this department. There is no party - no
community mo state government = no state
legislative body - no corporation, or body of
men that have the power TO inaugurate war
policy that has the validity of law and power.
but the constituted authorities of the govern
ment of the United States; and am deter
mined to support their policy. If the people
do not approve that policy, they can change
the constitutional authorities of that govern
ment, at the proper time and by the proper
method. Let them freely discuss the policy
in proper tone; but my duty requires me to
stop license and Incorporate discussion, which
tends to weaken the authority of the govern
ment and army; while the latter is in the pres
ence of the enemy, il is cowardly so to weak
en- it. This license could not be used in our
camps--the man would be torn in pieces who
would use ii.


There is no fear of the people losing their
liberties; we all know that to be the cry of
demagogues, and none but the ignorant will
listen to it; all intelligent men know that our
people are too far advanced in the scale of re-
liglon, civilization education and freedom, to
allow any power on earth to interfere with
their liberties; but this same advancement in
these great characteristics of our people teach
es them TO make all the necessary sacrifices
for their country when an emergency requires.
They will support the constituted authorities
of the government, whether they agree with
them or not. Indeed, the army itself is a part