The Trial of Hon. Clement L. Vallandigham: And the Proceedings Under His Application for a Writ ...
The Trial of Hon. Clement L. Vallandigham: And the Proceedings Under His Application for a Writ ...
United States. Circuit Court (4th Circuit)
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Counsel tells us that, except the Union provided for m the Constitution, there is no legal Union. Yet that Union is, temporarily I hope, but for the present, suspended and annulled. This Court can have no existence except under that Union, and that Union now, in the judgment of those who have been intrusted by the Con- stitution with the duty of preserving it, depends upon the success of its armies. The civil administration can no longer preserve it. The courts which yet hold their places, with... or without mili- tary support, may perform most useful functions. Their juris- diction and labors were never more wanted than now. But they were not intended to command armies. When Generals and armies were sent here, they were sent to make war according to the laws of war. I have no authority from General Burnside to inquire, and I have hesitated to inquire, but, after all, will venture to inquire, whether an interference by this Court with the duties of military command must not tend to disturb that harmony between different branches of government, which, at this time, is most especially to be desired ?
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