The Vallandigham Arrest

As matter of permanent interest vro ive place in our columns to the followng official papers pertaining to the reent arrest of Hon. C. L. Valandigiam: GENERAL BURNSIDE'S ORDER NO. 38. " Hereafter, all persons found within ur lines who oommit acts for the beneit of the eneraies of the country, wil! be ried as spies or traitors, and, if couviced, will suffer death. This order inludes the foliowing classes of persons : Carriers of secret ïilails ; writers of let ers sent by secret mails ; secret recruit ng officers'within our lines ; persons who iave entered into an agreement to pass our lines for the purpose of joining the enerey; persons found concealed within our lines, belongiug to the service of the eneray, and in fact, all persons found imjroperly within our lines who eould give )rivate information to the enemy ; all )ersons within our linee who harbor, proect, oonoeal, feed, clothe, or in any way lid the enomies in our country. The ïabit of declaring sympathy for the eneny will no longer be tolerated in this dcDartment. Persons committing such )ffenses will at once be arrested, with a view to being tricd as above stated, or sent beyond our lines, into the lines of their'friends. It must be distinetly understood that treason, expressed or implied, will not 1)0 tolerated ir this department. All officers and soldicrs are itrictly chargcd with the execution of this order." General Burnside to the Court An applieation beiug heard by Judge Leaviït, of the Southern District of Ohio, for a writ of halèas corpus, the following paper was presented by tb Attorney General. IIeADQCAETEKS Dl-.rAKTMEXT OF THE OlïIO, Cimcinnati, Oiiio. May 11, 1803. To the Honorable the Circuit Court of the United Staies, within and for the Southern District of Ohio : ... The undersigned, commanding the Department of the Ohio, having receivod uotice ftom the clerk of said court that an applieation for the allowance of a writ of babeas corpus will be made this morning beforo your Honors on behalf of Clement L. Vallandigham, now a prisoner in my custody, asks leave to submit to the court the following STATEMENT. If I wcre to indulge in wliolesale criticisms of tlie policy of tlie Government it would demoralize tlie army utider my commánd, and every friend of the country would cali me a trailor. If the officers or soldiers wero to indulge in such criticisms it would weaken the army to the extont of their influence ; and if this oriticism were universal in the army it would causo it to bo broken to pieces, the Government tobe divided, our homes to be invaded, and anarchy to reign.- My duty to my Government forbids me to 'indulge in súch critieisms ; offleers and soldiers are ïiot allowed to so indulge, and this courso will be sustaiued by all honest men. Now, I will co fuvther. AVe are in a state of civil war. One of the S tatos of this department is at ibis moment invaded, and thrco others have been threatenod. I command the department, and it is my duty to ;ry country and to tlns irmy to keep it in the best possible conditión : to pee tliat is fed, ciad, arm.ed, and, as far as possiblc, to sec that it is encouraged. If it is my duty, and tbe duty of , the troops, tfl avoid snying anytliing that would veaken tbc army.by preventing B single recruit from joining tbe ranks: by bringing the laws of Congress iiito 'disre'put.e, or by causiüg dis aatisfaction in the ranSs, it is cqually the duty of evcry citizen in the department to a"void the samo ovil. If it is my duty j to prevent the propagaiiotJ of this cvil in tbc army, or in a por'tion of my depart I jvent, it is cfjiuilly roy duty in all por ons of it; and it is niy duty_ to uso all ie foroe in my power to stop it. If 1 wero to find a man from tbe eneïy's country, distributiug in my camps jeeches of their public men that tended ) demoralizc tho troops, or to destroy ïeir confideuee in tbe ooustitutcd auïorities of tbe Govonnnent, I would inva hun, triod, and hung, if fouud ;uilty, and all tlie rules of modern warare would sustain me. Wliy should ucb speeches, from our#ivn public men, )o allowcd F The press, and public men, in a great mergency like the present, sbould avoid ,he use of party epithets and bitter inectives, and discourage tbe organization f secret politica! socictios, whicb are tways nndignified and disgraceful to a ree poople, but now they are absolutely wrong and injurious ; they créate dissensious and discord, wbich just now ainount to treason. The simplo naines " Patriot5' and "Traitor," are comprehensivo enough. As I bcfore said, we are ia a state of civil war, and an emorgeney is upon us whicb requires the operations of fiome power that moves more quickly fcban the civil. Thore nover was a war c;irried on" successfully, without tbe exerciso of Ihis power. It is said that the speeches -whioh are eoudemned, have been in the presence of largo bodies of citizens, who, if they thought tbcin wrong, would have then and tbere condemned tbem. That is no argument, These citizens do not realizo the effect upon tho army of our country, wbo are its defenders. They havo liever been in the field ; never faced the enemies of tlieir country ; never uudergono the privations of our soldiers in the field; and, besides, they have been in the habit of hearing their public men speak, nnd, as a genetal thing, of approviug of what they gny ; tberefore, tbe greater responsibility'rests upon the public men and upon the public press, and it behooves tbem to be careful as to what they say. Thev must not use license and plead that tbey aro exercising liberty. ín tilia departuieut it cannot be clone. I shall use ül the power I havo to break down such li cense, and I am suro I'will be sustained .n tbis course by all honest. men. At all events, I will have the consciousness, beEbre God, of having done my duty to my country, and wbeB I ara swerved from this performancjfe cf that duty, by any [tressure, public or private, or by any prejudice, I will no longer be a man ora patriot. I again assert, that every power I posaess on earth, that is given me from above, will be used in defenco of my. Government, on all occasions, at all times, and in all placea within thia departmont. ïhere is no party, no community, no State Government, no State legislativo body, no Corporation, body of mep, that havo the power to inaugúrate a war policy that has the validity of law and power but the constituted authori ties of the Government of the United Sirtes; and I am determined to support their policy. If the pcople do not approve that policy, they ean cliange the constitutional authori ties of that Government at the proper time and by the proper method. Let them freely discuss the policy in a proper tone, but my daty requires me to stop license and internperate dBseaasion, whioh tends to weaken the autliority of the Government and anny ; whilst the latter is in the presence of the cnemy it ia cowardly so to weaken it.. Thïs license could not be used in ourcamps; the men would be torn in pieces w.ho would attempt 't. There is no fear of the people losing their libcrties; we all kcow that to bo the cry of deinagpgues, and none but the ignorant will listen lo it; all intelligent men know that our people are too far ad vaneed in the scalo of civilization, eclucation, and freeuom, to allow any power on carth to interfere witb their liberties ; but this same advoncement in these great cliaracteristics of our people, teacïies them to tnake all neoessary paerifiees for their country, when an emergency requires. - Thcy will support the constituted authonties of the Government, whether they agree with them or not. Indeed, the armj itseli is a part of the people, and is so thoroughly educated in the love of civil liberty, which is the best guarantce for the permanence of our republican institutioiis, that it would itself be the first to oppose any attempt to tinue the exerciso of military authonty after the ostablislimont of pcaoe by the óverturow of the rebolüon. No man on earih cm load our citizeri soldievy to the establishment of a military despotism, nd no man living would have the folly o attompt it. To do so would be to eal liis wn doom. On this point there can be no ground for apprehension on he part of the people. It is said Ihat wc cin liave peace if we ay down our arms-:. All sensible men ïiiow Ihis 10 be untrue. Were it so, ought we to b so cowardly as to lay them down unfil the nnUiority of the Government is !icknovledred ? I heg to cali upon the fathers, mothnrs, brothers, sisters, soiis, daughters, relativos, friends. and neigiitors, of the sol diers in the field, to aid me in stopping tbis liceope and intemperato diseussion, which is discouraging onr armi'es, weakcning the hands of the Government, and thereby streiigthening the enetny. If we use our honest efforts, God will bless us with a glorioua peace and a uiiitcd country. Men of every sha de of opinión have the samo vital interests in the'suppression of this rebellion ; for siiould we fail in the tank the dread horrors of a ruined and distraated nation will fall aliltc on all, whother patriota or traitórs. These are substantiully my iwnsons f .r issuini; " Öeneral Order, No. 38;" mj reasons for llie determination to enforco it, and also my reasotis for tlic arrest of tbc Hori. Cl L. Valhmdighara, for a supposed violation of tbat order, for w'nieli he lias been tric-d. Th.o result of that trial is now in iwv linndf, In enforcing this order, I can be unanimously sustained by the poople, or I eau be opposed by factious, bad men. In the former event, quietnesa wil) prevail : in ba lattcr event, the reeponsibility and etïibution will attach to the meu who asist the authority, and the neighborïoods that allow it. All of whioh is rospeetfully submited. A. E. BURNSIDE, Maj. Gon._ Commauding Department of the Ohio. The Crime of Vallandigham. CHARGE. Publicly expressing, in yidlation of General Order No. 38, from Headquartors, Department of tho Ohio, his sym )atbies for tliose in arms ageinsl tho Joveraincnt of the llnited States, declaring disloyal sentiments and opinions, witli the object and purposo of weakenng tho power of tho Government in its eftbrts to suppross an unlawful rcbellion. Sl'ECIFICATION. In this, that the said Clement L. Jfalandighavn, a citizen of the State of OhiO; ou or about the lst day of May, 1863, at Mount Vernon, Kuox county, ühio, did publicly address a largo nieetmer-of citizens, and did.utler sentiments, in worda or in effect, as follases, deolariog tho present war "awicked, cruel, and unueiiessary war;" "a war not beinpr w.aged for tho preservation of the Union;" "a war for the purposo of crushing out liberty and erecting a despotism ; " " a war for the freedora of tho.-blacks and the enslavemcnt of tbo whitos; " stating, "that if the Administration had so wished, the war eould have been honorably ternjjnatod months ago ; " that " peace might have boen honorably obtained by lisieniug to the proposed intermediation of France;" that "propositionsby whieh the Southern States could be won back aud the South be guarantied their rights under the Constitution, had boen rejected the dav boforc the late battle at ericksburg, by Lincoln and bis minióos," mcaning thereby the President of the i United States and those undor Lira in iiuthority. Cbarging " tbat the Government of the United States were about to appoint military marsbals in every district to restrain the people of tbeir libarties, to deprive tbem of thoir rigbts and privileges." Characterizing General Order No. 38, from Headquavters Department of the Obio, as ' a baso usurpation of arbitrary authority," inviting bis hearers to resist the same, by eayiog, "the sooner tbe people inform the miniotis of usurpcd power tbat they will not submit to sueh restrictions upon thcir liberties, the botter;" dcdaring " tbat he was at all times, and upon all occasions, resolved to do wbat he could to defeat tbe attempts now being made to build up a monareby upon the ruins of ou r f ree Government;" asserting " tliat he finnly beücved. as he said six months ago, that tbe men in power are attempting to establish a dospotism in this country, more cruel and moro oppressive thau ever oxisted before." All of wbiob opinions and sentiments he well knew did aid, comfort, and encourago tbose in anns agaiost the Gbvornment, and could but induce in his bearers a distrust of their own Government and sympatby for tbose in anus ao-ainst it, and a disposition to resist the laws of the land. J. M CUTTS, Capt. 11 tb Infantry, Judge Advocate, Department of the Ohio. Protest of Mr. Vallandigliam. Duving tli e progresa of the trial of Mr. V. bofore the Military CommissioD, ho presented the fo'lovnng protest : " Arrested without duo procesa of law, without warrant fVoni aoy judicial officor, and now in a military prison, I have been served with a charge and specifications, as in a court, martial or military comrnission. I ain not either in the land or naval forces of the United States, nor in the militia in the actual service of the United iStates, and thereforo not Hable fot any cause by any such court; but atn subject, by the express tenns of the constitution to arrest only by due process of law; judicial warrant regularly issued upon affidavit, and by gome officer or court of competent jurisdiction.for tlie trials of citizens, and ain qüw entitled to be triod on an indictment E Dr prosentment by a grand jury of suob ( sourt ; to a speeuy and public trial by ( an impartial jury of the State of Ohio; , to be confrönted with witnesses against , mo; to liavo compulnory proeess for ( nesses in my bebalf, the assistanee of , counsel for ïuy defence, and evidente and argument, according to the ooiumon laws and the usages of judicial courts ; and all these I hero deinand aa my right as a citizen of tho United States and under the constitution of the United States. But the alloged offenee itself is not koown to the constitution of the United States, nor to any law tbereof. It is words spoken to the pecplo of Ohio in an open poütical meeting, lnwfully and peaceably assembled under the constitutie;, and üpon full notice. It is words oí' ecitïciwn of the public pulicy of the public sorvaots of the people, by which poücy it wns alleged tbfct the weil'aro of the country was not promoted. It is an appeal to the peoplo to ohange that poücy, not by forcé, but by freo electiems a"nl the ballot box. It is not pretended that I counselcd disobodieiice to the conHtitution or resístante to the laws or lawful auihority. I bever have. ]ieyoid tuis protest, I havo nothing 1 further to submit C. L. VALLANDIGHAM." ?W A western editor h:ving pnblisbcd a lonir l";ulorupon liógs, ; rival paper upbraids hina for obtrucRng hia family iBatters upon the p:slilic.