Mt. Vernon Democratic banner (Mount Vernon, Ohio : 1853), 1863-06-13

              J . - ;. " JMW ) W W rW ... - " . . -"Y. ' 4 - - wr- . "-"W.t i' W . wer- wmb s a . a - v u Jkrr Hn- - . - ,- . ' . - - IS '!"J"'"'! oO .JL e a. aw -J' - - -:r .-. sr. Lrn:x tic. 7 T i"fr .Yr LAVISH- -- 1-- . . .- m. ' . f .-- - .wT As -?fSTt' rS A .X HW rr-S I i Y . J l-tr - : i i f j E V 1 t -4- 1 B"l II 1 I 1 - FM 1 B "Jm I Mil f.t icij! u, i j r ix Ulrica v Office in TrN4Wiinl Clock. d Strr. rn r?: j wtnna itx mont&; -t.vv alter tbe xpl ration5 of thB refcf-.-1 , lie ,; f i .: LETTERS TO THE PEOPLE SCJfBEK TWO. , Attejnpt, Ancient nd Modern, to En-'slave thought and Vhain it : Ezpres-: iohAilogt)tii Eflwiti - fixipreis Treedom of Speech audi Freedom of the Press! ; - J-v: In. B17 formr urtVce Kut'io given tlie con wtitntionHi jwraMrw In Jieral, we tr?Hiu.jr m" f tit.mlr6 nria1ly'.'of '.'tlu-j:rnt rixUl of uUeinnee jtJveM ly Gmi to innii mud it aKRoJate urvrriiy to a K-rjiobfirmi gov-rnment. The Coiitiiution declares, "lh tfemffmt thai makr law abtvlging Ike free tm f npetfK, or nf the press" ami entire. Irt-e don i the tirtlipignt of every iiizfi. Howeie nmi'li 1 he lawful exercise may W liftm jnlt or tHterfre4 with by the patra. or -houlfet efrapo of temjnr:iry power. That the - rfglif exicUeannot tUiel that the citizen should exercise euh freedom, -I wHI endeavor to prove. Preliminary to loin o, however. I will give a reoume of pa.fi h istory nl the- eP forio to ptipjTfUfi free Wuiion in former age n4 in Mher eoantrtee in order that the people tuny, from having more ligVt on the'. aaljert. come Co a better unJerstajiding of ell iu hear-inga.In the monarchical anl despotic govern mento of former tiineH and inhe Old World, the feee exercise of Hie tongue and of the pen w.a deni4 -to 1 teir -lufjjerti. Men were in "each thralMom. that it cost them their prop erty and their liven, to speak or write even the - troth concerning the king, potentates, prineec or powers, that were eetahludied oer them or to comment in any mtinnt other than in terms of fulaome adulation and praise upon their management of pnldic atfairs. Tyranla anil despots have always dreaded : free diaru.eioR-and have ever been the enemies of freedom of speech and freedom of the prees. There i nothing truer than that a had cause fill not bear argument. Whenever the people are forbitMen to dUcuiw measures it " may le safely pet down that the ruler are afraid to have thierJeondurt scrnti.nized lesl iemH "men should eondemu them. Recent mrts el early evideoee that " tliere u .6ome-lting rotten in Denmark!" Jn the daya of Augustus Cacear every Ro- mai's life anT fortune couhl te. eatrored tv "-thTlettd 'lrea'tli"of plnjp"'ftnf peHoni prHexts he imposel upon the people hU iron-rule m regard to speaking with Hie penalties of treason agniust the State attached So that a distinguished writer says, "this law e6taldidied his tyranny ; and. for one mwchief which it rreventef. ten thousand evil horri- l1e and ffiicting. sprung.up in irs place." Then as now. informers noted down words od du'jointe"! sentem e. ' The construction of words tieing.iirbitrary. and left to the decision of lite judges-, no man could write or. open -his moiHJi without being in danger of forfeiting "Ids head. The pro'Mjfs of marking men, some-tunes called j-ottiti(' was rarrhtt to .Vtliiin - a great an extent ns tow. 4 Spies followed at I t'e heeV oTdistMigUjIsued nn and in disguise. pretei.dd-frienlt4ipfiea while-' .drinking the wiiie. aid i-hrrli c the horitS'litv ot themselves ajwl jheir frieiula.'- j An able author w.-is put to death for prilling' BruiUK tn his hi.-tory: a metier for je;iliiiig ooblv f, Caseins. Tlie reigns of Otlii!a aiwl TJrro were uotLle for the euppre"-ijn of piii-lic sentinent. and silencing all who were dhv poed to criih-Ve their iniquitous a..ts. Ever, man of aMlity wh' was indined to I it le pemlent and outxpoken was watrhed and lri'-ged by -dirty whelps who were paid out of tlu secret service fund" to plav the irt of tn-fioirmera, .. -., - . . .. ., , -Th brighteet poets ' nA a(4ew writer n toman and Oreeisn history wrote.' under con-tantjlread of punish tnents tor retordiug the IiRussi. Denmark. -Sweden, Norway, pf tln, Fn 'e. Oermahy. ;a well as Turkfy, Cli ioa and Japan 4it jail such goversneni as lis ve'ahounded h modern 1 historv 'fVeedoni o(apeecj) and of the pre have been ignored. fevt'i the'loastel Mother country Eng-la ih!. these great irfvlleges were enUrely xtir-. pa ted and it has been of but recent date that a; 'partial exercise of tbem has been tolerated. How many. ma ny poldeVpi rued .men have . fallen v'utima to the Star Cham Wr despots ! v What manifold acta of tyranny were perpetra ted by the minions of the Seventh and Eighth Henry, the' ldooily Queen Mary, James the . First, the Fiet and Second rftariea and other ; . JfonAreh of Great Briuiu ! J ; . ( At time: the subjects became unruly .and ttddea toinoru and insurreptions irooW break . out ih.the kingdom, tor it hati bee weU : re markedtbaU WNfiiHngvea ( the people fJstraiiiiJ'they; commonly discharge thi reaeaitnewta bjnor. 3agerbtia organj: and break put, h too open :juU. Alt 10lence." But '-for'eentdries ' terrorlaw srsaileJ;Jaad the the motk's4tbte4'ikiuksvsbms. -.!- . ' l W- ' !.'-"' .-t,- brauuei wuhred boi.tron mttwCpjiaf per-, pitiaf imJrlsonnent. .rTb cbeeks ot freatueti ; -of ihwsy ftt-wWclr ttea of taleat, virWI. yfc.MsJ inUtad jeULiud, tiUoriei aadrnt . P"18 ww wW mu oajqiotJiaifciUi r Throughput matir ong jWra of peraUc for utteraaoa of ofAnion io'iLfy, ih political or Ugm dogma. f thai ha4 ituat wore the orowa. or tbe kelldioinidSjorthaStslr Cha miters, who executed 'lhewr $rccjptfVe Uws, Queen Eli bet h- waaHlie lj jwip seemed dispossd to. j)ve;.th petial.ty; pf; fine and imprisonment redodW the bwtoriab relates of her:;thaf ' she' waaoften'lead to applaud , Uiat . recrtpt o- eodosTus- jS 'quit Imperatori malediceret, no statu ixjvfia centttr et 0TMmiejMittx lid dirtHfuUer, kit x 'levitate procesterit, et iie eokUm ttitur, am .ex hufmq. et.. muerabone dyna fettfefur, an ; arv injuria, et tie renuttenda declaralur. (If any person; peak ill of the ttraperor, through a fool ish rashness and Inadvertency, ' it is to. be despised ; if out of madness, it deserves . pity. it from malice ami. aversion, it call for mer cv.") And vet Millar inhis '; liiatonr; or the Eglish Govemmeuf 5 p 454. Bigland 2 p 130. Hume and other historians are compelled to admit, In politics as well as in religion her maxim of government' were aHUtrary ; and she freqtfemly intimuUted parliament by ' im- Iris4nitig the memlters.' The students of English hietorr will fVnd lUich in the fe'gn of King James the First, and of Cliarles the First, analagou to the hijfh ha tide-1 ofieraiiorm of..' certain authnritie fin a government heretofore classed as Refaib- lican. attempting to sprs Free.loin of speech and Freedom f the , Preas.' -In . the onwanl progreea f intolerance it shonU be rfnemlwred, that when the laat named lfow-i arch planned the dispensing wth parliamenta and the subverting of the popular part of the English Constitution, he issued his royal edict, sealed with the 'great sea', commanding his subjects not to prescrile to him any time for holdirg parliaments. Lord Clarendon in ht writings remarks. "That all men took them-, selves to le prohibited under the penalty of censure (the censure of the Star-chamber, which few men cared to incur.) so much as to speak of parliaments, or so much as to meo-tion. that parliaments were again to be called." "..:;';-". Parliaments when convene! acted perat et wfan under threats of arrest and imprisonment. . Three of the ablest leaders of the people in the House of Commons were, in 1628, for expressing their opinions in favor of popular rights ptosec.uted and condemned aa disturbers of the State. Tliey were sentenced to iay . thousands of -'pounds-' and to perpet-nal imprisonment The.mwt learned men in the kingdom in tins professions of divinity, law anl physio were for giving free utterance to their opinions subjected to contumely and scorn. ' It was nothing unusual "then 'for the speaker and the writer to be torn from thelo-som of his family snatched from the embrace of wife and children dragged to the tower, incarcerated in the dungeon and lead. To" the scaHbld."- Some of thw-oobUat chamfnv ons of popular righle in English hhitory lost their property;, others their limbs ;-ome tlieir Iwotnes, bihera their lives; some were furnished by the tyrants passports to another if not a lietter world while others were banished the realm. Nevertheless the rights of the demoo ( racy steadily gained upon the powers of the aristocracy and the monarchy. The graves of tliOfe who have fallen in the encounter with crownel heads have been watered by the tears of millions sud their memories will lie cherished through all time, while getters! execration follows their oppressors. The pages of Knglii-h. hbuory the "records of all-nations eiily. the t-tateuieiiU that he who asserts " the inalienable right d the jcitizen. and coiten!s . fur frceilom of speh and of the presa' titaues 10 liiinsell a lame as ensuring as me nuue tl hi .eoitairr. Var urns eti'orts to trammel and fetter the speaker and writer have teeu resorfel toIn - the days of ChaileK the Second a ItVeneer w AjuiiHed for the stage and press. Sir Roger L Estrange was tL? petty tyrant chosen to ad- iiMKiMer upon the witness and to exoute the behests of the tfret despots. Errry nibnart'h has Iteeii aide to find a willing tool. Slavii-h spirits worship nl theiihrine ot power and err( ilely. . - - - - ' . " crook the piwgnaat kiaf-s ef the k&M, Tht thrift ay futlow lavkuf. ' Ibe man of true nobility of soul scorns and dee piaes all such degraded lackeys, or cringing hangers on to power and place. . , ; Whenever-1 air alminietratioa, monareh. or bis minister attempts to abridge, "or limit the expression of bought endeavors to sup-, press free -discussion I establishes a rule i that he citizen shall not exercise his' rights in this respect, it piay be set oown as ' certajn svi- deine That ths taeasarrs or acta of rhatTWwet would suffer from yentiIaiion.'' 'Yea, the. a titorities or power that, pursue such course, themselves by their ery aeu admit their owu innatecorruDtion-"-Ye, eerily, -"they Ioe tie darkness becaoe'e their deeds are1 evil !' v tee laiaeouaronaMvua, revvuiugj it ao not- bear exposure to the Lrlgbt. sunlight-of heaven. Truth, is beautiful I above all thing H is pur and' holy.- "Bright ' and Jdtant it comes forth from etery combat with errors Falsehood tears lb eocounter reason and argument, d Seek to xnarahal a boel of auxilia ries, it crterTer tor1elp, helprBd seeks the aid of alveMltioBl4mt2atanea, or per chance shrinks under jhe "oaatlC powesv am . a m m " . - frw? ' L -1 i ruin m ot uoo, u emasxes- mvp iuar, aoa it duration la etaraal T'9 msesengerf ; aj be bo fretted, aoouTC)d-ec ' In ? pof , 6itim U jracjyaitn-jttt fV' ltit HxT Hd in iu irradiation bsa isaeminstsd . LIIj and boaefiu throagboot tba rstions 7 ' ZIorebjavia a4essoitMyat tiiftJ LU eserst fsauM aad tnkttaUtnatbaf lor atutocrsis ana us ooiamerinJorilSiOf WHBveVea3risi1'fcfpo true to theurasAud they V.nlrah c?ex eVeii'boW tbe tfesJUe 'fbe W ' constitutional pain, and dies amid'its wchrpJwVwno"h' aeciared tbe cause or our Vuion, tu finstita- f tn - 1st m "aAvamtkai aarilL Am la aa tvrl a laan tioo, is acoyenanlBST?di. death and n league With beli? ' sei Hi m J kIIhTsx. i.- - . . THE VALLAHDIQHA1I HABEAS j The 1 Aa Act of the last CoagTC! Oorernliitr fxxceediur Ag-aiut, Person Chaxeed with Oiringr 'Aid MtdCoialbrt-td'the Enemy,?-;' i ,. Freat the Wachlaftoa- Vafaatt InUlllgenew, K1 - ;'a.wBs-iAWr or TH CAS. '"' ' ' , As much confusion seems to" prevail with' regard to the legal aspects of the arrest, trial. and conviction'' of Mr. Vallandigham. 'bn the charge of giving aid and comfort -to the ene my, we think it proper. h rfew- ofthe Inter est attaching to this question, coiieidered aa one of law rather than a military caprice, to place distinctly lefbre our readers the points on which it turns. ' : --. '' - Tlie charge brought, against Mr. Vallandig-ham was as follows:. : . .-, ' --; k Puidicly expressing, iir-iolation o: General Order So-. 38. 'fVonUeTHtouMt-terH brixtrtfuvut ot the Ohio, hie sympathy for those in arms against the Uoveriuueat of the Uni(e.l -States declaring disloyal 'sentiments and opinions,. wiiu ine oiijeoi aim jnirpofe.oi weaaeniug me power ofthe Government in tta efforts to suppress an unlawful rebellion. , The specification alducei by the Judge Ad-1' vocate. in support of this charge, is in the Ad-lowing terma : - ' ; ----. In this, that the said Clement LVallandig-bam. a citizen of the State, on or about the first day of May, 18o3. at Mount Vernon, Knox County, Ohio, did puhliely addres a large meeting of citizen, and did ntter sentiments, in wonls or in efTect ma follows : "Declaring the present war ia a wicked, cruel and ' unnecessary ; war; a war not being wagetl tor the preservation of the Union; a war for the purpose of crushing out l.ibertv and erecting' a despotism: a war tor the freedom" Of the blacks and the enslavement of the whites f stating "that if the Administration Had so wished, the war could have been honorably terminated months ago; that -peace might have been. honorably obtained by listening to the proposed intermediation of France ; that ' propositions by ' which the Southern States could be won back, and the South be guaranteed their rights under the Constitution had rejected the day before the late battle at Fredericksburg' by Lincoln and hie minions," meaning thereby the President of the United States and: those under him iu . authority.) Charging-"that the Government ot the. United States were about to appoint military mar shals in every district-to -restrain the people j of privilege. -Cuarneteruaug "General Order No.- 38, Headquarters Departraenf of . the Ohio." as s baM usurpation of arbitrary authority;" inviting his hearer: to resist the same by aayioihoctlbftiopl fuferm the minione of usurped power that they will not submit to such restrictions upon their liberties the betier.'f . Declaring. Hbat he was at nil times, and upon all occasions, resolred, K do what he could to de'feat the attempts, now. , being uuule to tMiiiiLup a monarcuy upon the , ruins of our free Government;" aaserting "that , lie firmly believV as" be said six months ago. inaviue men in power are auempung 10 es. tablish a despotism in this country more cru- ' el and more oppressive than ever existed bei fore. A 11 of which opinions and sentiments he well knew dil aid, com fort" and encourage those in arms against the" Government, and could but induce in bia - hearers a distrust ; of . their own Government and sympathy forihos. -' . .... - . - . in arms against it. ana a uisposttiou to resist the laws ortlie la mi. . ' J. M. Cittts. Captain Eleventh lafantrr, Judge AdvoeauDepartnSt of the Ohio. - It'will thus bavseei- Umi .the charge- and the specifica tioo. even If 'entirely HnstAlaed by the evidence, (aa to which in this, inquiry we raise no question.) acrlrto convict Mr. Val-landigfiain. a citJien of Ohio, of ' giving aid an Ijromfort to the eVetiiy " " ' Now. this offense has. by the recent legis- Siiuqii '.of Congress, fteen made. exprfS!? "Og- uisHble lr the Courts of i!m- Unite!-. Stat. : This will appwir ; from the . following statute leinj "nn act to aupiTcsv iiisnrrectiot,f'tOnMn-: mJi treason aiwl rel elliwa, and, c6itflicateitl.a prpefty of rebels, and -for other, pqros,'' afiprovel Johrl7, 1852. and found m oL 12, chapter 195 p M9,? of the Statater at Large, a printed by 'order of Cbngres.. We cite the sections relative to tUW.jtopicj,, . .follows t . 1. r ' 4 ; H -:- :rTl;Hl io -.; -'-Sac. And he it farther ieoaded, Tbwt -if any -person shall hereafter incite or see ow foot. aaWst. kr engage ioany rdelliow or jMurtec-tion against the, authority of tlet7nited State Or.tlw lawa thereof, or give aid and omfArt thereto, or shall Vngage fn Or fveiaikf ' and com fort' to ny such existing reieUfOB of insurrection, and tie eonvirted .thereof.such-.per son shall be punished-by imprisonment for a period AOt exedTngj tfuenralDrjbt sfjfine not exceeding ten thousand dollars and ly the liberation of all his slaves, if any he .have ; or by both of aajd punishments, at'the aiscretldn of the Court. '' sv . i Sac: .37 "And he-It further" enactod;' That every person 'euilty of 'either ' of the offense described in Ibis act shall be forever incapable and d trustified" to bold' any office" under the United Statea. ? ' :' ; ;'"'.-.;4 :t nt ".'The tribunal to take. coguiMnce ' of irab cases and .questions cjietjoctly ppaii( (rora the ooMlng' section of IdiiMatuteaa l.foV lows: ." : . . ".v.:. ae.ilr And W STforthar naeUnVVToat the CostrU of lae. y njcttf Jatee shall barf aJJ riwerrtointote proeedioge makf orders and decrees, issue procsas, ar4 do all other things asoseeary to carry this Act into eCecfc K' A the Courts of 0 United CUte:ft4 of tisro eoarsalttel br-Iir,WaJlaBrbaixii,T tf.l &at-tb'ta ConjTs :tfU' ot ap her As if to abut the door, against aj- - oeh pro- eeed in aTniioaTTtU:-'tetyTfjlelfl?ral 'Curaw , mmst .mm mt9. annMtM rl.T i 3C ' Lfosod cm "pagt ICS, of th TcJaxa oi & UaV t on' this heaiU JtiraJjf fJ&eiai'LarM t- U wo ev tf. Uv jL ' U."tie upasaj Large ust Af.t 1 by OMef )ffeij-j -fTea,aoa are as jomow - r ,. 4 tBalUnat.tba Se'--t al noua,,of Bepreaeatativea of the Vnu J 8tftea pfinerf shall be compelled, io answer to aiPj writ o f harjeas corpus, to retaru the body tr auy per son or persons detained by him by sratbority of tbo PresHertt; .bat oponjtha cniDoate,tinr der oath, of the officer having charge or, any jfone ao detained thatveuca .persou is detained by him as si prisoner aoder authority ofthe Preskten, further proceedings under tbewrit orbabeas-corpus :sball be; auspended by the Judge or Court having issued the sai-l writ so long a said suspension by the President shall remain In force and aald-rebellion continue.- ITbe trivilege of the writ of habeas orpmr not uaring, neen HjwHW .in vnio, Iowa that noJadse in that State ia aatborr iiced.to suspend proceetliugs instituted under i.L'.rii 1- '. ..-i:.-;.r :..-..:-j.. '.-:.,- v th'w ' Sec. 2. And lie it further enacted That S SB J the Secretary of estate-asr.1 the? Secretary of War le and thev are hereby directed, as sooui as may le practlcanie. to furnish to MteJudge of the CSrenH a nf District Courta of the United States and of the District of OilirmUa n list of the nameaof. all perwha.'. cltizena of States in which the Administration of the law ha continued unimpaired, in the said Federal Courta.'who are now. or mar hereafter le held as prisoners of the UMiel State, by order orf authority of the PresHeutot the United States or eit her of ssid Secrrtarie. in any fort, arsenal or other place, as State or political prisoners, or otherwise than a prisoner of war ; the said list to contain the name of those who' nide in tbe respective jarisdictiona of nail Jndge. or who may le deemed- by the said SeereUries.oTitbef;.i,thfm''.to have violar ted anr taw' of ' the United States In" any of aaid jurisdietiona. and also the date " of each ' arrest; the Secretary of State to furnish a list i of such persons as are bn prisoned by tb order . or rnuthority of . the President, . acting through the State department, and the Secretary of War a list'of such as are imprisoned by "the order or . authority of the President, acting tli rough the Department of War, And in alj cases where Grand Jury, having at-, tended any of saUl Courts having juri.lictiort in the premise, after the passage - of thhi net. and after the furnishing of said list aforesaid, ' htaa terminated. its, session without finding an indictment, or presentment, or other proceedings against any such person, it 'hali tie1 the duty of the Judge of said Court forth wit h to make an. order: tliat anyvsnch. prisoner desiring aMischarge Irom such imprisonment be brought tiefore binrto he-discharged, and every officer of the United Stares having custoly of such prisoner is hereby directed immeliately - to obey and execute said Judge's.: .order - and fn case he shalT delay or refuse so to' do be shall be subject to indictment for a nijulemeanor. ami be pun ish el by a Hoe of not less thart fire hundretl dollars and imprisonment in theeom-4 sion jail for a period not less than six montbsv tnhe diacretiou .of. the Court; Provided, bow-ever. That no person Shall be discharged by virtue of the provisions of this net till after he Or1ifts4BUbsajin oath of allegiance to the ; GoVeenmeut of -the United State.. and to support the Constitution thereof; and that he or she will not hereafter in anv wav en courage or give aid and comfort to the present rebellion, or to the supporter thereof; And provided, also. That the Judge, or , Court he-fore whom such person mayjbe btunght, before discharging him or. her from i m prison men L-shall hare power, on examination of the case. and. ine puouc sateiy sua it require; it, suan be required to cause him or. her to enter into recognizance, yan wr iiiwji securiiv, in a uni to be fixed by saw Judge or , Cxinrt , to keep the peace and be of good beha vior toward the United Stales and ita citizens.: and from time to time, and At, such time as such. Judzei or -uri may qireci. appear iehreaa -lu'igw - i- ' ... ' I't'w' "l or Court to be further dealt with accoraiu to lw mm tb .!,iiumat,niH niftir mtiiiip, . And it shall he the duty of ths District Attomer of the United $tatea to atten.l such, examination Sec-3- And be tt further enacted., That in case any of wirb .prisoner shall be" under . in- dictifient or nreeeatiueut for anv offeneeaflrainst. ilielawsoi tiie.noited Slates, and bytexisting taw oau or recoznizance may ne uiaen mr t he anpea rawee for tria I or such ; person it "brill be the duty of said Jndag at once to dis- 'barge, suchr terson. npoa batlor..reeo--nianre or trial a aforesBKl. And m case the said JWretafiea- ortateSnf War shall for any rea- -on refuse and omit to furnsli the said list ot pfrson held prisoners aa nforesahl atlbe time ofthe ftasssgeo f-b f wiihMi .twenty daya V . r .t, r,.- b time of the arrew; hny utbteai i inae after : the.: ir. J"J "- -"X ".:; Grand; Jury shall have terminated, ila, ;rfsion without Aniunff an lntictment or nresentment a proetdedth' the second section-of this 'act oy a pennon aiiegingineiaeia aforesain uwvn-mgirry'ofthearsooso JM.4tforeaaid impria-otied aqpporf sd.br Abe oatTof such , petitioner or any ot hf rree'lible person obtain and he en-tifled'jo have'tbe SaU J udfre4 order discharge such prison oW'the - terma an4 eon.rs lions: pveWwibW xbe aeetion of ihisnc:-Provided however. That lhe sa'ni. Judge shaj be sav.ajaehjlet V- ' -ra -.The eesidgrjeaa; .asi1y.,redBea from lbese, proyteroM.tbe't pC. the, jqueKioa ea;id.lij he arrret of iGeueraH Parneide, Thjey w preeieve 1 M : proceed hi1 a ? if kmheaftfirpua re, to be eOTrde.by, the Court wheeever nd ,w bererei? fy$p$&ittof wri)Laj bn impended, byjha iiden which W not Umi cae iu the vftate oQhio Judge Leavitt. in reujaing .to. ifraut 5 the j writ aaedsouittJbef o ted titafhr 4l4 siot ajreu $lm wbich My,aa dtfc4 itCov JiyWr. -Fagh (, sioejll Mr. VaHandiglui-rf.- thM Jadjre Leavi Joea not df.neceaarr to have a kuviwjesethe Jaw ..bichJ itif hs.aTom tjK,:fi M4M4nt means of precjtnag f a wmajjqn.undff ;thu head er mere- Jimitel Jlhau- tlioee posaeesell r - ' il ., - , btUymeu wUreanhajv acthejrliegi to publish thejawalisf . the D&ttfd . .. .i . ...1 a i , . 1 r. t?t.derhem vtttvv rv r T " ' - .. ..... ' . ' . V . , r : ' jsm ill isTfwU VMMnniMi.'l tlflv (-jiiiMRor f ns ' W: j. an - n . I . . I t I nal SI aw flT Ti F VfiliQtinNVnavn I sitfr'Mirlif 1' ftIoHsMo4wm4 t,f r TU waa, .nneigeoje--.ttpoB ' ' w.r paper .0. w u?esaa7v bi. -id awsoi enaractat. ouirate i-lbatli AUs the pnTilege othe writ of likbeaa , corpualn w Vblei virea tbTo I v, any case throughout part thereof. l.!! ". - for ft aS precisely fn view ofeuch n ' emeri pnsonment of Mr, Va'lUndjgham fof ah1 of tyht wL.Tt UW.wValis4igham wbiU ed. aa aforesaid, no military or oUieT-''officerJJa7drdj. dtd.-atid-f;wa4 to:.:exclda XJn ted States. -,Ouf e nation of tie statute, sirM. ai.Miol5oldiei..lw4oir0-i cnaiea.' wnenever- id uivjuiiimvni'Uie duoiksi. - -- -.j, - .w. --:t . .-j.- j 1'- r m"i ; it .-- .' w - - . ? v -i Dnniea dt iu Tiioiu'uuuiiPiirr. jj,irnerpi 3' J3ttltrw It of 'Colnrreaa,- Hte 'igiuwunce ef' the, law? IH &k ,l.?JKJs;c-f& excused for not kaowia that Cngras;'bye lactowuij ut 100a, naa -expressiy proyiaea lagaiuajt Lr VaiUodfgbatD, -$or ;is) itMany the postdbilhyi-ofr-the -arbitrary detention, of persons held ae prisoners of IbeUnhed States by "order og au thority of the Presiden t . of the .United States, a State, : r . political, prisoDers or oiherwiae than as prisoners of .war .. that Congress passed the net approved on; the 3rd oiflXartJ) last, and the sectionsI ' of which," so kr as they relate to this case, we have recited above. - The intervention of a : court-martial. iilegally'charged with. the 'trial off a citizen; does not alter the nature Of the imprisonment of .Mr. Vallandigham,' who. while deprived, of t 1 :: 'L- " ' ll "M ' : - ll ..'ll ?L nis. iioeny . must oe rrgaraea jm .iow as . one ."imprisone-I by the onbjr or authority . ' of - the Presiflent, acting throagh the Department of If it be true, as is esi-i. that Mr J . yallan- digham baa been bu prisoned in Fori; Warren by order of General Burnide. confirming the sentence of the court-martial illegally charge! with, the trial of a citizen for an offense ' made cognizable by the Courts, it follows that II r. Vallandigham ia now held a a "State tor political prisoter." within the tenqg of the act of March 3, 1863. and it will therefore be the duty, as we doubt not it will be the pleaanre of Mr. SecreUry Stanton to repojt the eame of Mr. Vallandigham to the Judge of the Un ited States Circuit 'or District Court which has local and legal jurisdiction of the effense for which Mr. Vallandighnm is now irrego- larly detained, that he may be put on trial ac cording to the statutes made and provided for precisely such offense a he is alleged to have committed.1 His conviction, under ench cir cumstancea, would carry with it the satisfac tion of law, and as such would recieve the aa- sent of law-abiding citizens, and be a terror to evil doers. 1 '' ."-'.'' ' ' ' ; -- We have said that we believe -it will give Mr. Stanton pleasure to pursue a legal course in proenriog a regular trial of Mr., Vallandigham under the Constitation and laws of the lanl, that hi may receive justice or SHffr punishment according to his deserts; for Mr.Stan- ton signalized his accession to office bj a n or-der" in which h designated the ircuwstai- ce that aeemed to justify only iir tkue, a departare from "the tiormAl course of admin- istratibr-,' at the outbreak of the rebellion, whea the Goyenuneut was callei sudlenly to meet ao Emergency wrbkh Congress, had not anticipated nod for- which it bad not provided." To this" effect he declared aa follows uuder bis order of f ebraary 151802: : '.';.. '. . The breaking out of a formidable . insurrection, lasel on a conflict ot . political ides, being aa event-without precedent iu the Uniteti States is necessarily attendet by great confusion and perplexity of the public lutud. Disloyalty, lefore uasuspecteC, suddenly became bold, and ' treaiK astonished the world:, by bringing at once into the field; military forces superior in- number to tlie -standing axinv of the United States. ' . V ' Even: in the portions of ths country which were jiiost-loyal .political combiiiauons ad Secret societies were formed Jfurthering the work Of disunion, wliilo trom. moti ves of disloyalty 'or cupiKty or from xcUel , passions rr. p -verted ym path hs. individuals were found fumishing men money,-and materials pf war afMi-siJpplieS to the insurgent's military bud naval forces. ' Armies fsh'ps. fortifications navy-yarls,!ri8enals. titilitary-posta .and . gari-isona. ooe atier. another, were . betrayed and mbandoned to the insurgenU. i j ' ; Congress bad nut anticipated, and so had mot'provided for the ertiergency. Tle muiii-jcipal athoritie were powerlta and inactive. The judicial maehinary seemed as if.it baI been desigoel not to sustain the Governiueut, ibut to embarrass and betray it. t r In thia euergeiMjy thePresident felt it his tanlor with energy; the extraordinary, powers f which the Constitution confides to bun in case otiiMiurrection. .IlecalM into the field such .military and naval forces nnathorizel by the existing btwa i aa seeined .necessary. He di- ivnw4iiwrw ,- y. K- II ihsubiected d. subjected passengers to and. fro -from foreign lru to ftew pnasport regulations, and be ui-stitnted Wockade, wispended the; writ of ha-Ireaa corpua in various pLaees, and -causl per-wane who were represented to bjm as being or about to engage in .disloyal, and. treasonable pnaciieee to. .he', arrested . hy special civil,".aa well es military agenciea. and detained in military .custody when necessary, to prevent them aed.iletef otbers from such pracUee. Exam-iaetione of such, eases ."were- instituted end someof the persons so arrested hare beea die charged Jrotn time to time, under, eireuniataa oea j or. upon vebdijiona' eojeualUtlsv Wae though with the poblic safety, , j .; . ..rr -Jieautinise.ija. rorable change .of.-; public opinion baa occurred. The line .between , loyalty and - dwkyHy ie -pbtisly- defined; the ebletStructura, of theGoyernnient iafirmand fble apprebsaeioupf' publitt,aafety; and .fat fillies Xar,trasonals practicesr fbeve dimin.. ihei with the passwaa which prompted heed-leaav Mrsonsj to adopihVm: The Jasnrreion ia.belreved toJbavf culminated and to bs . de "WC i, -.,? .j m . a.i fclThe.Pjreft4rnt,in yiew, of. these, fact, a.nd anxious to faror rern:toiheJnorpaeourse pfthe Administration ea tar as regard for the pulics welfare "will lfow. directs that po-iitieal prisoner, bow he.ld in miOviry fyl&lj', bereleaseii p their eubacribine froleen" gaging ibetp. to render o; aid or' eemfon' t9 the fngmiea io, hosUUty. to the Uqted " tales' taolinAry arrrsta .will hereaer be tnadj poje r the direqtioei of ijicjpirwreonikf ':ir:Wtyis'Si his hr.i.Aii tanfihamTarid tuaa ifiue witleVpvieronVJor too her iinc ertrt 9rjinary arrests II . "'fw 1 " - - ' ?r led. preciotTy wueh' c-Hhai Jraisad by the aJlesel coodwst'aad !(gMge'oTMrVa"l- tbereneTl!ri aministraUon of tb't.la ws h air i'on tinned ' a-impairejd in the Felei Courts. t i .4.' .. . J('; i: .uit. tl.VSi.iJ. (Front the National IaUfilgtacer, May, 11 4 relevant to the'ease having met theeye of an eminent jurist' of the" iNorih" sojoarning; !itj this 'city he has adJresseil 41a ' the1 following note rtn the topic which' thoogh ' not designed' for " publication, wi' cotnfu anicate to'oifr readers as well for fjbe sound "concloBlon'ft enforces as 'for )he new so'gestlons it makes : Messes. EDtTo8:: I have read nhe law 1 of ibe case" with sediea as -well as interest. The act of 163 which you cite, makes General Bu r nside 'a action awore openly -illegal than t bJ supposed it., TJiafact of 18M3 was, aa its date and history show passed to counteract 'the President's Proclamation of September 84, l&i2, which subjeoted ail persons 'afioniing aid and comfort to the rebels" to "trial by courts-martial and military cominis-sioiis." and Suspeuded the writ of habeas corpus for all such persons arrested. And thus nullified the act of July 17, 1862, before a case had occurred under it. ;; ' ': . This stirrol the country and Congress, and the act of March 3, 1863 was thecotisequenee. The first section of this aci ignores the right of the cresident.' without - legislation, to sua pend the writ of habeas corpus; and the second section secures to all persons art ea lei by the President's authority a trial, or a; die charge without, trial, by the civjl Courts, It does thia b-cause if the Grand Jury find a bill, the prisoner is necessarily tried on that by the civil Courts. - If no hill is found, he is then necessarily discharged by the civil Courts, according to the act.-' In this state of the law, what does General Burnaidef He arrests, tries and 'sentences Mr. Vallandigham by av court-martial, and 1 then send hi ju out of ths jurisdiction ofthe civ.iI Courts which have cognizance ot bis case, aui which alone can render hitu -the' protection of the act of 1803. If, as you sug gest, Mr. Stanton acts, lie can only, under the statute ot IH63, send a list - containing Mr. Vallandigham's case to the United , States Courts of Ohio, ami on this list they must issue an' order to brings Mr. Vallandigham before them. But their order has n power and cau not; be served or executed beyood their judicial circuit, and Mr. Vallandigham is at Fort Warren, and 4s much out of reach ;ot tlieir official onier, as if he was at - Feejee Island. No United States Court but, theJ Ohio Courta have jurisdiction. The list on which the order ia made is tefore. no other .Ceort. and the atalut giwea cognizawca of the case to no other.; m. .' Then General BurnsUie sends the prisoner to a prison outside of his own. military district and leTon4 bis military authority. How, caw hedo this t Why may h not as welt, so far aa.hie own offieUl iautbority goea. vssud hiu to the Bhick Ho of Calcutta T , ; - : ,r 1 ha-e no s vui path y with Mr, VaJlanlig ham; but the treatment of bis caa 'ia a aad foreboding of the execution and maiutaiaaoce et the law X READ 1 1 DCID I f f- ; ; A STARTLING DISCLOSUeE . .The Syracuse (New! York) Courier publishes the following, furnished to it by the geiitle man to whom it was addressed. Although a Republican in hie..politlcs be was . not .vile enough to sanction the infamous scheme recommended to destroy the liberties ofthe country, and consequently lias made the exposure. Let oof petnocraric-fneiidi look ' onk; 1?ifch secret organizHtions Jar t he atrocious purposes indicated juoei prolutbly exist In every. Suta " '"' ' ' Uti5a' Mar 9, 18C3 - "Mr. --i 4-. Y;iVo'fcu me .for a"tressing you, a stranger to me ; but from what I bear of you we" neel "no tbrniaf introduction". . We are ltdth loyal men. and as atictr are'frietids at higlrt. ' My object in,"ad- ilreesine you on this occasion is to learn' if there eah be'orgenized in" yon r town a Loyal League Keodeavoue; -You ere perhaps aware that our Loyal Leagnea of thi' SU4eJarje Uo hohl a State Convention alibis place , on the 27th instant. I km informed that yonr League is in process of formation-! I daresay yon know there are two Leagues--one public and another secret the. former civil and the lattar military ia its plans; and from what I am told of your peculiar abiliiies, I especially wish' you to take part in the latter, It is essentially necessary that this, orgauization ehouhl b sceedily effected. The Jucreasing bohfaesa end numbers ofthe Copperhead in this State are such that most be put down oeiore tbe next Preshlential electioa. or they will otit-vote ua et the polls. e.Tbeir claittor ainxit " free speech," arUtrary arreets,". and ' the Constitution" is "misleading, the people.. W, fnust'-fiot be' too careful or' timid about the measure 'necessary to keep, them under. - It' may be that the military forces of. our inner Loyal Leegwes, ieeo aperating with the Gov-emmentrvuuiy b ifeetrvelf need Sgainat them in certam" localities. Ua ing been. Ichosea by out Iriewd In New ' York city aa travelling agent for Csnirai Ww York. I shall noon give von a oall. -. ' ! am not able to name the day st this (imepatrill advise you .of my v visits by time for you to caB in aew reliabjs .friend for consultation, - -Don't, invite any squeamish; RephbHcatteuon but A hrf5 most "radical.-' .1 hall thru eomraaniceie to yon the sitfus. my4 tie gripstaud other -orkia o(iotrJlordr tmi WTrnte-u fVe of tht Taxuly 4Th4 following advertreemeht appears Tit the Oahkosh (Whiconsin) Itinhifi " WaarVBaw-Br si respectable1; colored' fami Iv. brtght bvelUgeth giriTOe fbi the c pack v -of bbnua' eaevant. Steh: a gir! r4,f??F?dbeie aew of the uimuT.i Keferrnee a to honesty an-i intelligence paired.' 'Address X Y 0h- ia iijjii , ii.gi saaa fiiaiOiX.-rT- i VZJ if a art Vruit ha the &dTtf3nripxP bJt3;!VJar!i Xti fast Srelir vail! wdiha ConiUfiKoB of fhe UaUed Stalest -? If -anjr: one feltVOre.nt our j -stung euea document toeureolamns. -we a tale fall amends Si eth bypubliehin Judge Leavitt indicial opinioa, to whichf B euaciOTtlroth7!rrf liJe fcrequatixe a? ' ,is V f i i i nan I . ' .," ?1 u TJ- r -nr-sl rf y bM tar c(, , rtoRB w-ii . "!.'; L baa. eat on leg, gui v r.rsrjte J i; tohli Lcrzi wh ea the 1 . -i r - rnmm - - . t - m wa u w - mm . w i 1 The DemocracyJafety -.held ' Urrteaae . meeting at tarneaiMiriieiuoni voaqiy.ywo, ejw . n. ma " H . rW '1; - " " Third Ohr'X'Kegunent.-1" fhis, ere"sujpoe,'-waj uoueat lue lusiigation or some or toe Avolk lion Eoyal iLWgUir Of BarnesrHllsV V .1 f Tn ? !; 'VhUMr.lese Hint anil others wefe'at tempting to rescue the flag from the hands of tie'riresMJt5? .soldier ijrew Jnttfa.trnd "7 Bia'MeI Mr. Hunt, eattittg bins from the' tern -pie down through the rheek to the lower part of the jaw, iiifiictlnjg qnjte ant bgly wound. A warrant was biaued for "the oliera appro hension. and we leam-that he baa been bound over to the neat term of Court, la . penalty or $2U0. -: .;-.' : - .. .. . ' . "We understand by, letter from Barnes vdlu . that it is asserted that f he flag was a Seceasioa fbtg. and that this is thrrvasoa for its being torn. This, we say; ia false, let si bo will ae sen it. The noi!ed.4anber ia now at tba N tional Hotel. ia this place, end may be eyen.by, eny one wha. jdsirea.lt .is a flag of thirty j four stars, and is compose! of red,.- whit and due,ii1c ffiU hid reseai blance . to eeassle flag whatever. It is iimt than probable that ; it was the motto thai gave offense to the Ley r al Leaguereol Barneevilje" ....,.-'. -- j "..'. i . Are we uoutsr jsacx io iaxDaxu-qr Will anything abort ' of general massacre satisfy the onatural craving' of aboiitionisni-for blood? - The Cleveland Herald, one of the. ." most aroiaW of ha class, says, upon the-aub i ject of the seceasiou governiueot sending Pd- - pte North, " -: - . "We again' protestarainstthe poUey olseadi ing bbUant traitors North to roam at Urgej ;? and teach treason by. precept and example; . and we regret to see by the Union of the 24th that W. F. Moore, Tboa. Betts, Ji D. Isbell.- K. R labalW and R. P. Smith.- all citixeua. of Nashville, were sent North that morniojc, ,te . remain during the war.: Better tot-bans; tbem." The Herald (and all papers of it class) ap-. prove of sending VaTIandigham and all ' his-friends South, as disloyal and is In t favor of hanging all whom the rebels send North for .-. the same reason, ' A man is driven from, hi home in the South', by the tterbaritles of Jeff." Davis', and is then threatened with hanging ia '.' the Nortb'for being" a traitor;' a man is sent Souths by the intolerance of the furious Tansj' ties who rule, and is there shot lor a spy. So, " a man must either be a rebel or a fanatic or-be executed! Are We receding to the barber-; "ism of the twelfthVentury?'. Abolition intolerance is becouiin'g attrocious, just in proportionj -. : to the degree to which a)ofuion logic appros imateji to the ifotlc:- JaAM &a7iarL .' . ; i rree Speech." - ' Froa.th Btwtoa Pofa. ... ;- Sard Wemlell Phillip, on Mon-layv in Trs- moot T tuple borf I nanpipat'pu Leaguj riisnk'tiod for McCledan, for Camcroai thanlc Gof for defeat. " With a man for President, we should have put down the re lioa in ninety day steadied slavery-where it waa.'" The is freedom of speech iu MassachuseUa . and iht without a squad of soldiers to drag; hiiii from the "speaker's stand. " What was-thesceuetwoor three laya ago at the Capitol of Indiana? - .The Democrats held , a Conven tion where they desired to express their sentiments on the war. The soldiers of the' Gov-errmcnt, with rixcl bayonets and loaded gnnSy dsl all in their power to eupfd-eas trea speech. Speakers wera-erowded out et'tlieir places by, sohliers. they ,were dragzelroni their stands Ihejr were arrestel and dragged off and locked tip. and AWilionHts made greaf1 noises, .and.' preeentell Speakers leing heard,': A vauexuber, OfCongrese was forced from - a stand at... the, point ojT the bayonet. . Swords, bayoneta -and,. Cannon "were used to awe men "in to. speaking; favorably of the A Jiuiuist ration and ita fof cy. . . ' But how ia H with Phillips in; Boatouf Ha thanks God. for defeat, says the President ia. not a "urin. and be speaks io peace.- v ." A tear or more since. Mr. PhilHr,In llaa-." ic Hall, quoted these words from Milton: "The;: rieht io think, 'o know and. ro utter, ia the-dearest of all liberties. Without thia right thcie can be ad liberty to any people; with "Itf there can be no slavery." tie thee-oaotea; froraGor. Andrew tob;"Ieare not forth 4 nth. or error of the ojaniorsj held; or4 uttered, nor. for the wisdom of the words or time ef their. Utemptej expression, when I consider this great question of fundamental significancej this great "right which must rflrst be secured before free society; can. b said to stand on any. foundation, but onJy on temporary and. capr ctows props. . i - . ... Welt.' Pliilfrpps and Andre as weH as Mil ton, belie v in- free speech. They see the bee dom aJaewa-Thai ia ther use, it here., but d they allow it to be need against them in-: the, veeu tjan vaitanaignam nave me aamr ileres fn Obior Can the Dereocratfir bevf. the eime privilegee- Ia . Indiana potisjr. 1 1 - aee ats ". not. They speak agaiast tae. sentiments oi PbiUips and :Andrew; end the bayonet asidt can non aye uaed to suppress' them, - .' ." " x ''Afe'nbt these gentlemen Uyine; up wrath) against the day of vfratht - Arerthey eot. sow ing the windT- xaey treed ow e -eoiceao, oat . t bey he' not got.ey ea te see U.- " Iyrxiay' ia Qreea pqzstj '.. " ' SeTeral days iro sergeant went to Green, county, 'oo some boeinesa. sIIe retBrned way-ht that he' was fired' upon; 'several times by boa!) whacker- tn Beaver : township. Greet county jM.'ijor, Keatb sends- out, a goodly. nnmbVVof menT wlia unable ; discover the. amliuacJule If there was any rt est sd sia protuj wtenf- ejten, Betternnta. of that vicinity, en brooch ttbetn to Dayton. Oi eeurse iheylnr nothieg about U mrii tohl Keith that, an is-pnsoament of to J er. row UT not force "thenx-tb djSjose facts thee were ignore nf of. The ffoHanf Uajor .locked them in Jail." to behebb-as hostage until, the "oL'enders ar delieered-' tfpi "We can bo wofiyaor graafr easiimpj va t fvfier4it4jhtfrzU" wf.!t- - I Wiehtet the pvece cTUn betn rereo'fnced'ih the very centre of a loyal State. tVjll tli nommenf nvT N Va';nul t Ia, ? Uthetie-efjii!n of th e atrra tjvpro .lo-a, Jeacrtr'i .' oiauon i-yrv. . , 'jw o'''a.'-"e I t Prtrt T?eve, i;.t m rilnT.ff ttAfu "haw et rrepeEt. Cev. j tr-f re,jT. tr r.( th bl' V-rtvrr ee longand.1 uvrff .iun:: !rrr-i saauf- ioero5r They -.e ..J j va t .it.f V-. ' -l " j