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The Military Trial of Vallandigham: Martial Law in the Civil War

Burnside and Mathew Brady, the famous photographer. Click for a larger view. Brady is next to the tree. Burnside looks like a Keystone cop.

Fresh from his humiliation at Fredericksburg, where Oregon boys were slaughtered at "Burnside's Bridge" (click here), Burnside was stationed in the Midwest and was in no mood to tolerate those who sympathized with the Army which had trounced him. The details of his arrest of Vallandigham, to the dismay of Lincoln and his cabinet, are below. As will be seen, the trial simply proved once again that the suppression of dissent does not stifle but, rather, fosters it, and can make it formidable indeed. Burnside's ineptitude in the case of Vallandigham marked his career in the service generally.

Col. John F. De Conrcy, Sixteenth Regiment Ohio Volunteer Infantry, is hereby assigned to duty as a member of the military commission convened by paragraph IV, of Special Orders, No. 135, current series, from these headquarters, and of which Brig. Gen. Robert B. Potter is president. By command of Major-General Burnside: W. P. ANDERSON, Assi8saat Adjutant-General. Present, General Potter, Lieutenant-Colonel Goodrich, Major Brown, Captain Lydig, Colonel De Courcy, Major Van Buren, Major Fitch and Judge-advocate. The judge-advocate stated that the absence of Major Corwine and Captain Gay is sufficiently explained by the fact that they had recently been ordered on other duty by the general commanding the department.

The proceedings of the preceding day were read by the judge- advocate and approved. The commission theit proceeded to the trial of Clement L. Vallandig- hani, a citizen of the State of Ohio, who being called into court and having heard the foregoing orders read was asked if he had any objec- tion to any of the members named therein, to which he replied iii the negative. The contmnission was then duly sworn by the judge-advocate, and the judge-advocate was sworn by the president in the presence of the accused, and Clement L. Vallandigham was arraigned on the following charge and specification of charge: CHARGE: Publicly expressing in violation of General Orders No. 38 from head- quarters Department of the Ohio, sympathy for those in arms against the Govern- ment of the United States and declarin~ disloyal sentiments and opinions with the object and purpose of weakening the power of the Government in its efforts to suppress an unlawful rebellion. Specifi cation .—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 large meeting of citizens and did utter sentiments in words or in effect as follows, declaring the present war “a wicked, cruel and nunecessary war;” “a war not being waged for the preservation of the Union;” “a war for the pnrpose of crushing out liberty and erecting a despotism;” “a war for the freedom of the blacks and the enslavement of the whites;” stating “that if the Administra- tion had so wished the war could have been honorably terminated months ago;” that “peace niight have been honorably obtained by listenimmg to the proposed inter- mediation of France;” that “propositions by which the Northern States could be won back and the South gilarantee(l their rights under the Constitution had been rejected the day before the late battle of Fredericksburg by Lincoln and his min- ions, meaning thereby time President of the United States and those under him in authority; charging “that the Government of the United States was about to appoint military marshals in every district to restrain the people of their liber- ties, to deprive them of their rights aul privileges;” characterizing General Orders, No. 38, from headquarters Department of the Ohio, as “a base usurpation of arbi trary anthority,” inviting his hearers to resist the same by saying “the sooner the people infbrm the minions of lisnrpe(l powel. that they will not submit to such restrictions upon their liberties the better;’~ declaring “that he was at all times and upon nil occasions resolved to do what he could to defeat the attempts now being made to build np a monarchy fl~Ofl the ruins of our free Government;” ass~rt- ing “that he firmly believed, as lie said six months ago, that the men in power are attempting to establish a (lespotisni in this country more cruel and more oppressive than ever existed before.” All of which opinions and sentiments he well knew did aid, comfort and encourage those in arms against the Government and (onid but induce in his hearers a distrust of their own Government, sympathy for those in arms against it and a disposition to resist the laws of the land. The accused asked delay to procure counsel, stating that he was engaged iii preparing his plea and required advice. The commission was duly cleared for (leliberation, and on its reopen- ing the judge-advocate announced as its decision that the commission would rcqnire the accnsed to plead guilty or not guilty to the charge and specificatioti, and would then adjourn for half an hour to permit the accused to procure counsel w~ien the commission would proceed to bear the evidence for the prosecution. The accused denying the jurisdiction of the commission and refus- ing to plead as directed by the commission, the commission directed that the plea of not guilty to the specification and charge be entered for him by the judge. advocate. The commission then adjourned for half an hour. The commission reassembled pursuant to its a(ljournmnent. All persons required to give evidence were directed to withdraw and remain in waiting till called for. Capt. U. H. HILL, of the One hundred and fifteenth Regiment Ohio Volunteer Infantry, a witness for the prosecution, being duly sworn testifies as follows: