The best remedy for these
plots and disturbances at the rear always was to keep the enemy busy
by a vigorous aggressive at the front. We kept, however, a species
of provost court pretty actively at work, and one or two officers
were assigned to judge-advocate's duty, who ran these courts under a
careful supervision to make sure that they should not fall into
indiscretions.
So long as the hand of military power was laid only on private
persons who were engaged in overt acts of giving aid and comfort to
the rebellion in the ways specified in Order No. 38, there was
little criticism. But the time came when General Burnside seemed to
be challenged by a public character of no little prominence to
enforce his order against him. The Vallandigham case became the
sensation of the day, and acquired a singular historical importance.
The noise which was made about it seemed to create a current opinion
that Burnside's action was a new departure, and that his Order No.
38 was issued wholly on his own responsibility. This was not so. In
the preceding year, and about the time of his Emancipation
Proclamation, the President had also proclaimed against treasonable
practices in very emphatic terms.
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