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Vallandigham In Fort Warren

Vallandigham In Fort Warren image
Parent Issue
Day
22
Month
May
Year
1863
Copyright
Public Domain
OCR Text

A tclcgraphic dispatch in our ncws colunias announces that Vallandiqiiam has been convicted by the military court convened to try him, aud sentenced to confinement during the war in some military fort of the United States, and that Gen. Buunside has confirmed the flndiiig of the court, and naraed Port Warren, in Boston harbor, as Lis place of coufinement. We are no admirer of Hon. C. L. VALr.ANDioilAM. We rogard liim as an ultraist, aud we havo no love for ultraism in men or parties. We havo no more sytnpathy with liis peculiar peace views than wc have with Greelky's attempts to cali in Franee as an arbitrator between the Government and the South. - But we believe Clement L. Vallandigham has a right to diffor from us, a right to coincide with Horace Greeley in asking for peace, a right to censure any measure of the administrador, a right to criticise the orders of any General, a right to address the sovereign people of Ohio, in peaceful convention assemblcd, and advise thera even to demand a change of mensures, and of men, through the exercise of the constitutional right of i tbo elective franchise, without being 1 cited before a military tribunal. If he ' counsels desertion of our soldiers, if he res;stí, or advises resistsnee to, the execution of the laws, if lie gives aid and comfort to tbo eneray, by acting as a spy or by furnishing supplies, the courts of Ohio are loyal and he should be proceeded against in them. We are distinctly opposed to the subordination of the courts in the loyal States, where the execution of judicial process is unobstructed, and judicial mandates promptly and cheerfully obeyed, to the military arm of the government. It takes no longer to send a Marshal with a judiciul writ than a file of solüiers with an order for arrest, and tho constitution and laws warrant the former and do not the Jatter. This business of military arrests is being carricd too far, and if not checked by the government, in response to the earnest protests of the people, the liberties so long boasted of will not be worth a straw. Being a Deraocrat, and having no right to díctate a polioy to the Government at Washington or the Generáis in the field, this plain expresaion of our views rnay cause us to be denounced as ■disloyal. - Nevertheless they are our views. But, for the gratiücation of thoso who would ;, close the mouths oí Democrats, while they concede to Kepubíicans the most unlhnited right of cri}.icsm, censure, and coudemn-.ition, we present a couple of extraets from an editorial review in the N. Y. Evening Post of the statement made by Gen. Buknsidb to the Court of the Southern district of Ohio, defending his order and the arrest in question. Speaking of martial law, and expressing a doubt " whether any authority under itcan be exercised against persons who are not immediately within the scope of active military operations," the Post s&ys : uIt is at least an arbitrary applioation of military goyernmeut- the goverument of mere forcé - whiofa substitutes the will of the commanding General for tlie com mon or military law, and which ought not to bc rosorted to exeept in cases of absolute necessity. When domestic turbulence and riot prevent the exercise of the ordinary jurisdiction, when the presence of the contending arniiea drives out the uliabitants, when the behèsts of law are set at üought by an entire district, there is occasion for the strong hand of military power. JJutinother social conditions, the appeal to it is unnecessanj, and in all probability Imrtful." Tho Post thinks Vallandigiiam's offenses, moreover, havo been aa yet confined to the use of foolish words, but maintains his right to mako foolish speeches, nud to criticiso the govemment. It pointedly says : Beiidcs, no government and no auLhorities are to be held as above eriticism or even denunciation. We know of no other way of correcting their fauit.s spurring oa their sluggishness, or restraining their tyranuius - than bv open ind bold diseu?sion. How can a popular wovernmout, most of all, kuow the lar will, and guide its courso in the intei-ests of tlio comruunity, unless it be told from time to timo what tlio popular convietions and wishes are 'í Despolisms, liko that of Louis Napoloon or tlio Czar oí' Rossia, havo no noid of this inspiration and control í'rom tho poople, becauso tliey aro not idininisterod in the interests of the people, aud look to thoso of a single man or a fainily which can vcry woU inauago its owu affuirs. But a epublic livcs alone in its fidclity to tlio eo timen ta of the whole nation. Abuses and lieense?, of courso, adliore o tliis unluiíited freedom of publie criticism ; but these are appareiüly inseparable from the use; and without the abuso wc sliould scarcely have thc use. It is a question, too, who is to draw the line betweeu the use and tho abuse outsido of the courts tstablished for the detection aud paaishment of all oít'ences. If Vdlandigham'spoaee nonpfnse istreasonable, may not öreuley'n bo èqnally so ? If ho eanuot an aign tho couduct of the war, can Mr. Schalk, who ims written the book on Btratcgr, which is the soverest arraiguuieut oí' it yot priutod ! [f he ' may nut question the justico or the ' prioty ui iW.,siJc's ordor, ovon the Etening l'od or a tLouand other jounials may not veuture ta hint a doubt of tbe euperhuman military abilitiesof General Hallock We know it raay bo said that bis motives are bad and unreasonable, but tribunals and commissions cannot inquiro into motivos. Dccds are tingible, but not thoughts. We commend these extracts to the eareful consideration of our readers, at least to the Eepublican portion of them.

Article

Subjects
Old News
Michigan Argus