WISCONSIN-R. S., chap. 158. sec. 51, &c., page 312, &c. ¿? 1, 52, 53, and 54 provide for the issuing of the habeas corpus in favor of persons claimed as fugitive slaves. 22 55, and 56, direct how proceedings shall be conducted and grant a trial by jury. 8 57, provides a penalty of $1,000, and imprisonment not more than five nor less than one year, against any person who shall falsely and maliciously declare, represent or pretend 8 2. Require two witnesses to prove that any that any free person within the State is a slave person is a slave or owes labor. 3. Provides a penalty of $5,000 against any person seizing, or causing to be seized, any free person with intent to reduce him' to slavery. or owes service or labor, with the intent forceibly to remove such person from the State. 2 58, requires two witnesses to prove a person to be a slave. 59, depositions not to be received in evi 24. Depositions not to be admitted as evi- dence. dence. 25. Witnesses testifying falsely are liable to $5,000 fine, and five years' imprisonment. RHODE ISLAND.-R. S., Title 30, chap. 213, page 532. 2 17. Forbids the carrying away of any person by force out of the State. % 18. Forbids any judge, justice, magistrate or court from officially aiding in the arrest of a fugitive slave under the fugitive law of 1793 or 1850. 2 19. Forbids any sheriff or other officer from arresting or detaining any person claimed as a fugitive slave. 8 20. Provides a penalty of $500, or imprisonment not less than six months, for violating the act. MICHIGAN.-Title 37. ' 21. Requires the State Attorney to act as counsel for fugitives. 2 60, judgment under fugitive slave act not to be liens upon real estate. This however, can only apply to decree of State courts. THE ANIMUS ADMITTED. and their aim and purpose to nullify the act of As exhibiting the real animus of these laws, Congress and the decision of the Supreme Court thereon, we select the following, among a numerous class of admissions, from the Wisconsin State Journal, of Sept. 19, 1854, when such nullification was openly demanded by the radical préss of the country. The Journal said: "The modification (of the State law) pro- : posed, will practically prove an abrogation of the law. (The Fugitive Law.) This must be understood by those who favor it. (That is, the proposed 'modification.') Few slave will desire to incur the cost of reclaiming a ;wners fugitive. While the nation bears the expense, and the free men of the North are compelled ¿¿ 2, 3 and 4. Grant habeas corpus, and pro- to pay the larger portion, slave catching may vide for trial by jury. 2 5. Forbids the use of jails or other prisons to detain fugitives. 26. Provides a punishment of not less than three nor more than five years for falsely declaring, representing or pretending any person to be a slave. 2 7. Provides a fine of not less than $500, or more than $1,000, and imprisonment in State Prison for two years, for forcibly seizing or causing to be seized any free person, with intent to have such person held in slavery. 27. Requires two persons to prove any person to be a slave. be a pleasant business enough for Southern 'impersonations of the high born aristocrat,' But, compel them to foot the bill, on the old principle that those who dance must pay the fiddler, and the fugitive slave act would become as inoperative, in most portions of the Union, as it is now in Wisconsin. The average cost of reclaiming a fugitive, is more than the best. proportioned man, or even the most delicate and perfect sample of Creole beauty, will bring in the shambles of Southern aristocracy. "It is not, then, through any tenderness for the chivalry that this modification is proposed, but merely to accomplish the same end without openly avowing the purpose. * * "We may discourse, it matters not, how eloquently, of the sacredness of law, and of the necessity of respecting all laws, but there is This class of wrongs has been interpreted by the people as an effort solely designed to divide and distract the North, with a view to make peace and Union impossible. God has given us no prerogative to judge of motives, except by and through the medium of acts, and when judged by this standard, we cannot see how it is possible that the unbiased mind can acquit those in power from the design charged herein. Before the system of arbitrary arrests was inaugurated, the whole North was a unit. There was not so much as a ripple on the surface of popular feeling-no popular disturbances manifested themselves, to arouse fear or excite alarm. The people everywhere in the North were not only loyal, but they were more-they formed themselves into one solid wall of military power, to resist and subdue ARBITRARY POWER-MILITARY ARRESTS, &c. limited Power...Order No. 38... Trial of Vallandigham... "N. Y. World." ARBITRARY POWER-MILITARY ARRESTS- [In the great mass of articles, taken promiscuously from a great variety of sources, and at various times, it is quite difficult, in our haste to furnish copy for the printer, as the same shall be needed, to properly arrange and assort the evidences under this head, so as to exactly conform to chronological order. We will, however, endeavor to place the whole easy of access for reference. That is our main object.-ED.] In every nook and corner of the great, busy and powerful North-in the agricultural and in the manufacturing districtsfrom Aroostook to the San Joquin-all was astir in common rivalry to see which state, which county, which town or ward should be the first to answer their country's summons. In short, the whole North was one great military camp. The whole people, forgetting party-forgetting domestic comfort and happiness-forgetting all save their imperiled country, gathered up their wealth, extended their utmost credit, collected their sons, their fathers and their brothers, and throwing them all at the feet of the President, bad him use them as best he might to save liberty, protect and defend the Union. In a spirit of generous confidence that has no parallel in the world's history the peoAs a prelude to what follows, it is but due ple at once resigned to the President the entire to remark, here, that the Democracy of the coun- dominion over the purse and the sword, asking try do not, nor have they ever objected to no conditions, save the defense of personal and any of those extreme military measures that civil liberty, and protecting the Union of their experience and the laws of war have dem- fathers from wanton destruction. We heard onstrated as necessary to good discipline, a then no criminations about "laggards," well regulated military police, and to prevent "shirks," or "sneaks." The only complaints and punish crimes and breaches of martial (and they were many) that afflicted officials in law-within the lines of army operations—in the discharge of their duties, came from the short, that the rigor of war may exist wher-thousands of companies and hundreds of regiever war is. But the Democracy and all con- ments and parts of regiments that were disservative men do protest against visiting peace-banded and turned away, denied the high and ful and loyal states and communities, hundreds of miles away from hostile foes and army operations, with all the rigors of arbitrary, martial law, without even a necessity or excuse being shown for it. noble privilege of offering their sacrifices upon their country's burning altar. 250,000 TROOPS TOO MANY. Even as late as March 29th, 1862, [see Globe of that date] Senators FESSENDEN and WILSON thought it their duty to stop enlistments, be- | trary arrests. Victims in large numbers were cause of some 250,000 soldiers under pay more than were needed. Mr. FESSENDEN said (March 28th): "There are more men than the Government knows what to do with, here, on the Potomac, to-day. What occasion is there to send for others? KE * We have 750,000-if that is ever in dragged from their peaceful abodes, at the criminal hour of midnight and without accusation, judge or jury, were bundled off to some loathsome cell or military fort, kept there from one to twelve months, and finally "honorably discharged" without ever being made acquainted with the charge or character of the "suspicion" against them. These arbitrary, despotic and wholly unnecessary acts, justly aroused, as we believe it was intended, the fears and indignation of the people. The North was all ablaze with excite the number-250,000 more than we tended to have. * * What is the reason why we should go on and appoint Generals to correspond with a number of men that are not needed and are not used? * * I offered a proposition the other day to stop all enlistments until we should get down to the number we wanted and no more. My friend from Mas-ment, and as the arrests were wholly confined sachusetts (Wilson) said we should have a bill soon where I could put on my amendment, I have not seen his bill yet. As soon as he brings it along, so that I can put on my amendment, I will, and hope it will be forthcoming very soon. I understand, however, that the Department has absolutely stopped enlistments. But whether that be so or not, it is best to reduce it to shape, and have a law on the subject. SENATOR WILSON ON SAME SUBJECT. to those who professed the Democratic faith, it very naturally aroused a most intense political excitement, and from that hour parties became arrayed against each other. Not content with letting well enough alonenot content with the patriotic devotion to the country which induced Democrats everywhere to forget party and remember only their country-not content to rely on that mighty aval. Mr. Wilson (Rep. of Mass.)-The Senator from Maine (Mr. Fessenden) the other day anche of strength that had in eight months proposed to reduce the number of men author- surfeited the Union camps with 250,000 more ized by law down to 500,000. I agree with aim men than the chairman of the committee on in that. Still, we have not been able to do it. Military Affairs knew what to do with-not It was suggested also that we ought to stop reto that. I have over and cruiting. I agree to that. content to raise an army of more than twice over again been to the war office and urged up- the size of that which the Great Napoleon led on the Department to stop recruiting in every to Moscow, all for the asking-not content to part of the country. We have had the promise tolerate a united North-this despotic Fire that it should be done, yet, every day, in different parts of the country, we have accounts Brand being but the forerunner of its twin of men being raised and brought forth to fill measure, the proclamation-was cast into the up the ranks of regiments. The papers tell us inflamable materials at the North. It was unthat in Tennessee and other parts of the country where our armies move, we are filling up necessary-it was wanton, and hence believed the ranks of the army. I believe we have toto be the work of design, and that design-day 250,000 more men under the pay of the a division of the North-for a purpose, and Governrent than we need or can well use. I that purpose has already been divined. have not a doubt of it, and I think it ought to be checked. I think the War Department ought to issue peremptory orders, forbidding the enlistment of another soldier into the voluntary force of the United States, until the time shall come when we need them. We can obtain them at any time when we need them." -[See Cong. Globe, March 29, '62. Senator WILSON was Chairman of the Committee on Military Affairs, and of course thought he spoke by card. He had no fears that we could not obtain all the men needed, when their services were required. The unanimous action of the people was an earnest of this. THE CAUSE AND THE EFFECT. Volun The cause is easily tracable to its legitimate results. The North has been divided. tary enlistments were entirely suspended, and within a month's time after these firebrands were cast into the great Northern magazine, and for the first time, the cry of a Draft was heard! A draft came up from Washington. No one can say that the Democracy were in the least at fault in this, for the Republicans themselves immediately stopped enlisting. When the "powers" at Washington saw this But, what followed? At once, without excuse, disastrous result, what did they do? Did they cause or palliation, the State and War De-stop the cause they had set in motion? No, but partments commenced their system of arbi- they gave it new impetus; they aggravated it; they re-enected the old French code, or "law of suspected persons,'' and caused wide spread alarm among the people by their new leviesto fill the LaForce and the Conceigeirre of despotism. If in all this, any necessity had been shown-if the public had been favored with any reasons adequate to the steps taken, the case would have been different. The public in the plentitude of their patriotism, would have overlooked "mistakes," or "errors," or would even have excused hasty acts or false accusations, if there had appeared any desire to calm the popular fears, by assurances that these acts of despotic power had some foundation. But, no attempt at explanation has ever been offered. Thousands who were thrown into prison, after months of suffering, in their persons, their property, and their reputations, were turned loose, without remuneration, without redress, and even without ever knowing the charges against them. And not only this, but the Radical Congress, in order to add insult to injury, passed that bold act of despotism, by which all officers, their aiders, abetors, spies and informers, were exonerated from trial and punishment. And not only this, but Mr. LINCOLN, in his reply to the Albany and Ohio committees, in reference to the despotic arrest and deportation of VALLANDIGHAM, claimed the right to do these things, without being accountable to any power, save his own will and purpose. The The doctrine asserted by the President in his reply to these committees is, that there is no limit to arbitrary power, save the will of the one who happens to be Commander-in-Chief. MR. LINCOLN'S CLAIM OF ARBITRARY POWER. We must be pardoned for the following copious extracts, for as covering the principle involved, they are really of more consequence than any given number of special cases. THE VALLANDIGHAM CASE-IN COURT AND OUT OF COURT. As the principles involved in this case cover the whole ground, and as the people have been so thoroughly aroused and excited on this subject, we will principally confine our quotations to this particular case. THE BURNSIDE ORDER No. 38. This will be our first witness on the stand, because we have good reasons for believing this order was issued expressly, and for no other purpose than to form an excuse to arrest and punish Mr. VALLANDIGHAM, so far as the latter clause is concerned. Certain it is, that we have heard of no other victim being arrested under this order, though hundreds of others said harsher things than Mr. VALLANDIGHAM. This order reads as follows: "HEADQUARTERS DEPARTMENT OF THE OHIO, CINCINNATI, April 1863. "General Order No. 38. "The Commanding General publishes, for the information of all concerned "That hereafter all persons found within our lines who commit acts for the benefit of the enemies of our country, will be tried as spies or traitors, and, if convicted, will suffer death. This order includes the following classes of persons: "Carriers of secret mails. "Writers of letters sent by secret mails. "Secret recruiting offices within the lines. "Persons who have entered into an agreement to pass our lines for the purpose of joining the enemy. "Persons found concealed within our lines belonging to the service of the enemy; and in fact all persons found improperly within our lines who could give private information of the enemy. "All persons within our lines who harbor, protect, conceal, feed, clothe, or in any way aid the enemies of our country. "The habit of declaring sympathies for the enemy will no longer be tolerated in the department. Persons committing such offences will be at once arrested, with a view to being tried as above stated, or sent beyond our lines into the lines of their friends. "It must be distinctly understood that treason, expressed or implied, will not be tolerated in this department. "All officers and soldiers are strictly charged with the execution of this order. By command of Major General A. E. BURNSIDE: LEWIS RICHMOND, Assistant Adjutant General. When it is known that any criticism on the conduct of the Administration, however just and pertinent, was held by the radicals as "declaring sympathies for the enemy," we are enabled to read this order in its true meaning. Take what followed under this order, and compare it with the old, justly odious Sedition law, and the reader will be astonished at the mildness of that law which hurled the Federals from power in 1801. [See Sedition law on p. 36. SPIES SENT OUT. After issuing this order, General BURNSIDE sent out a couple of spies to track and hunt down Mr. VALLANDIGHAM, who attended the Democratic meeting at Mount Vernon, Ohio, on the 1st of May, 1863, for the purpose of evesdropping-catching parts of sentences, distorting others, and garbling the whole, with a view to make out a case. These spies reported at headquarters, and Mr. VALLANMr. VALLANDIGHAM was arrested at 2 o'clock at night. His domicil at Dayton, Ohio, was surrounded by 100 soldiers, broken into and himself seized and carried by force to Cincinnati, and to give the full history of this transaction, we present, THE TRIAL OF.C. L. VALLANDIGHAM. The Charge and Specifications—Testimony for the Prosecution and Defense.-Protest of Mr. Vallandigham, &c. FIRST DAY. WEDNESDAY, May 6, 1863. The commission convened at 10 o'clock a. m. The Judge Advocate read the General Order from the headquarters of the Department of the Ohio, appointing the following officers a commission to try all parties brought before it, and Mr. Vallaudigham was asked whether he had any objections to offer to any member of the court. The followinn officers compose the court: Brig. Gen. R. B. POTTER, President. Capt. J. M. CUTTS' Judge Advocate. Col. J. F. DeCOURCEY, 16th 0. V. I. Lieut. Col. E. R, GOODRICH, Com. Sub. Major VAN BUREN, A. D. C. Major BROWN, 10th Kentucky Cavalry. Capt. LYDIG, A. D. C. Mr. Vallandigham said he was not acquainted with any of the members of the court, and had no objection to offer to them individually, but he protested that the Commission had no authority to try him, he being neither in the land naval force of the United States, and was not therefore triable by such a court, but was amenable only to the judicial courts of the land. The members of his court were, then sworn to try his case impartially... The Judge Advocate then read the following charge and specification: THE CHARGE. Charge-Publicly expressing in violation of General Orders No. 38, from Headquarters Department of the Ohio, his sympaties with those in arms against the government of the United States, declaring disloyal sentiments and opinions, with the object and purpose of weakening the power of the government in its efforts to suppress an unlawful rebellion. THE SPECIFICATION. Specification In this, that the said Clement L. Vallandigham, a citizen of the State of Ohio, on or about the 1st day of May, 1863, at Mount Vernon, Knox county, Ohio, did publicly address a meeting of citizens, and did utter sentiments in words, or in effect, as follows: Declaring the present war a "wicked, cruel and unnecessary war," a war "not being waged for the preservation of the Union," "a war for the purpose of crushing out liberty, and erecting a despotism," "a war for the freedom of the blacks and the enslaving of the whites," stating "that if the administration had so wished, the war could have been honorably terminated months ago, "that "peace might have been honorbly abtained by listening to the proposed intermediation of France;" [that "propositions by which the Southern states could be won back, and the south guaranteed their rights under the Constitution, had been rejected the day before the late battle of Fredericksburg, by Lincoln and his minions;" meaning thereby the President of the United States and those under him in authority; charging that "the government of the United States were about to appoint military marshals in every district to restrain the people of their liberties, to deprive them of their rights and privileges;" characterizing General Order No. 38, from headquarters department of the Ohio; as "a base usurpation of arbitrary authority," inviting his hearers to resist the same by saying, "The sooner the people inform the *The portion enclosed in brackets was struck out. Mr. Vallandigham was asked by the Judge Advocate, what his plea was. Mr. Vallandigham refused to plead, and asked time to consult his counsel, and for process to compel the attendance of Fernando Wood, of New York city, who should be required to bring with him the letter which he received from Richmond in relation to terms offered for the return of southern Senators to their seats in Congress, with the letter of the President declining to entertain the proposition. Mr. Vallandigham continued to refuse to plead to the charge, the President directed that the plea of "not guilty," be entered on the record. The court then gave Mr. Vallandigham time to consult his counsel, and for that purpose ordered a recess to half past 1 o'clock. The court was then cleared for deliberation, as to whether the delay asked for by Mr. Vallandigham should be granted, and remained closed until near noon. The court again met pursuant to adjournment, and the doors were opened. The president asked Mr. Vallandigham whether he desired to appear with counsel. Mr. Vallandigham said he did not. His counsel, Geo. E. Pugh, Geo. Pendleton, and Alexander Ferguson, remained in the adjoining room. Capt. H. R. Hill, of the 115th O. V. I., who was sworn. Question by Judge Advocate-Were you present at a meeting of citizens of Mount Vernon, on May 1st, 1863? A.-I was. Q. Did you hear accused address that meteing? Q. What position did you occupy at the meeting, and were you near enough to hear all he said? A.-I was leaning against the end of the platform on which he was speaking. Was about six feet from him. I remained in this position during the whole time he was speaking. By Judge Advocate--State what remarks he made in relation to the war; what he said about the President of the United States and the orders of military commanders. Witness--In order that I may bring in events as they were referred to by the speaker, I ask permission of the court to refresh my memory from the notes which I took at the time. President-You can read from your notes. Witness--The speaker commenced by referring to the canopy under which he was speaking--the stand having been decorated with an American flag--the flag under the Constitution- Witness-After finishing his exordium, he spoke of the designs of those in power to erect a despotism. That it was not their intention to effect a restoration of the Union That previous to the battle of Fredericksburg an attempt was made to stay this wicked, cruel and unnecessary war. That the war could have been ended in February last. That a day or two before the battle of Fredericksburg a proposition had been made for the re-admission of southern Senators into the United States Congress, and that the refusal was still in existence over the President's own signature, which would be made pulic as soon as the ban of secrecy imposed by the President was removed. That the Union could have been saved if the plan proposed by the speaker had been adopted; that the Union could have been saved upon the basis of reconstruction; but that it |