he firmly believed, as he said six months ago, that the men in power are attempting to establish a despotism 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 en friend, contradicted, in some particulars, the testimony of the prosecution, and in his report of the speech greatly extenuated the offensiveness of its character. At the close of the testimony, Mr. Vallandigham said: "Gentlemen of the Court, very brief courage those in arms against the Gov-ly and respectfully I offer the following ernment, and could but induce in his hearers a distrust of their own Government and sympathy for those in arms against it, and a disposition to resist the laws of the land. J. M. CUTTS, 66 Captain Eleventh Infantry, Judge Advocate, Department of the Ohio." The chief witnesses against the accused were two officers of the army, who had been sent by their superiors in command from Cincinnati, where they were on duty, to Mount Vernon, in order to report Mr. Vallandigham's expected speech at the Democratic meeting to be held there. These military witnesses were accordingly present, though not in their uniforms, and having listened to Mr. Vallandigham's oration, reported the expressions upon which the charge and their testimony in confirmation were based. The accused cross-examined the witnesses for the prosecution, but failed to extort from them any contradiction of their direct testimony; but he himself, in the course of their examination, positively denied the accuracy of some of their statements. His own witness, the Hon. S. S. Cox, a member of Congress from Ohio, who, like Vallandigham, had spoken at the Mount Vernon meeting, and was known to be his political เ "I am not in either the land or naval forces of the United States, nor in the militia in the actual service of the United States,' and therefore am not triable for any cause by any such court, but am subject, by the express terms of the Constitution, to arrest only by due process of law, judicial warrant, regularly issued upon affidavit and by some officer or court of competent jurisdiction for the trial of citizens, and am now entitled to be tried on an indictment or presentment of a grand jury of such court, to speedy and public trial by an impartial jury of the State of Ohio, to be confronted with witnesses against me, to have compulsory process. for witnesses in my behalf, the assistance of counsel for my defence, and evidence and argument according to the common laws and the ways of judicial courts. "And all these I here demand as my right as a citizen of the United States and under the constitution of the United States. "But the alleged offence' itself is not known to the Constitution of the United States, nor to any law thereof. It is words spoken to the people of Ohio | in an open and public political meeting, lawfully and peaceably assembled under the Constitution and upon full notice. It is words of criticism of the public policy of the public servants of the people, by which policy it was alleged that the welfare of the country was not promoted. It was an appeal to the people to change that policy, not by force, but by free elections and the ballot box. It is not pretended that I counseled disobedience to the Constitution or resistance to laws and lawful authority. I never have. Beyond this protest, I have nothing further to submit." The Judge Advocate in reply said : "I find nothing in the defence of the accused to call for remark, except that in regard to counsel and summoning of witnesses. He was permitted to have, and did have, counsel to consult with, and an opportunity was offered him to send for witnesses." The court was now cleared, and the Commission, after a deliberation of three hours, came to a decision, which was submitted to General Burnside for his approval. The sentence, as subsequently promulgated by this officer, is here given, with the exception of the charge and specification, already printed on a previous page. GENERAL ORDER-NO. 68. "HEADQUARTERS, DEPARTMENT OF THE OHIO, CINCINNATI, OHIO, May 18, 1863. "I. At a military Commission, which convened at Cincinnati, Ohio, on the 6th day of May, 1863, pursuant to Special Order No. 135, of April 21, 1863, current series, from these headquarters, and of which Brigadier-General Robert B. Potter, United States Volunteers, is President, was arraigned and tried Clement L. Vallandigham, a citizen of the State of Ohio, on the following charge and specification of charge, to wit: "To which charge and specification the prisoner refusing to plead guilty' or 'not guilty,' the Commission directed the Judge Advocate to enter on the records the plea of not guilty.' "The Commission, after mature deliberation on the evidence adduced and the statement of the accused, find the accused, Clement L. Vallandigham, a citizen of the State of Ohio, as follows: เ "Of the specification (except the words, That propositions by which the Northern States could be won back, and the South guaranteed their rights under the Constitution, had been rejected the day before the last battle of Fredericksburg, by Lincoln and his minions,' meaning thereby the President of the United States, and those under him in authority; and the words asserting that he firmly believed, as he asserted six months ago, that the men in power are attempting to establish a despotism in this country, more cruel and more oppressive than ever existed before'), 'guilty.' "And as to these words, 'not guilty.' "Of the charge, 'guilty.' "And the Commission do therefore sentence him, the said Clement L. Val landigham, a citizen of the State of Ohio, to be placed in close confinement in some fortress of the United States, to be designated by the commanding officer of this department, there to be kept during the continuance of the war. "II. The proceedings, finding, and sentence in the foregoing case are approved and confirmed, and it is directed that the place of confinement of the prisoner, Clement L. Vallandigham, in accordance with said sentence, be Fort Warren, Boston Harbor. "By command of the Hon. Clement L. Vallandig- June ham was nominated for Governor, II. by a vote of 448 out of 461. His nomination was subsequently made unanimous. At this convention, resolutions were unanimously adopted protesting against President Lincoln's emancipation proclamation; condemning martial law in loyal States where war does not exist; denouncing the suspension of the writ of habeas corpus; protesting against the banishment of Hon. Clement L. Vallandigham, and invoking the President to recall him and restore him "MAJOR-GENERAL BURNSIDE. to all his rights as a citizen of the "LEWIS RICHMOND, "Assistant-Adjutant General." President Lincoln having commuted the sentence from confinement in Fort Warrento transportation within the lines of the enemy, Mr. Vallandigham was accordingly conveyed from Ohio to Tennessee, and passed by Gen. Rosecrans through his lines to the enemy's advanced May picket guard at Shelbyville. Upon 25. being delivered up by the Union guard, he said to the Confederate soldier who received him, "I am a citizen of the State of Ohio, and of the United States; I am here by force and against my will. I therefore surrender myself to you as a prisoner of war." He was United States; declaring that, "we will hail with delight a desire of the seceded States to return to their allegiance, and that we will co-operate with the citizens of those States to restore peace; and that we insist upon the freedom of the press and the right of trial by jury." Mr. Vallandigham, after a brief stay among the insurgents, found his way through a blockaded Southern port to Nassau, whence he proceeded to Canada. While at Niagara Falls, he issued an address to his political allies of Ohio, and accepted their nomination for the governorship of that State. It is convenient here, though in advance of the regular course of the courteously received by General Bragg general narrative, to record the result of the extraordinary nomination, by the influential party of a great State for its chief office, of a man who was expiating an offence against the Federal authority. The election in Ohio took place on the 13th of October, and Mr. Vallandigham was defeated by his antagonist, Mr. at his headquarters. And notwithstanding a rumor that he was imprisoned, it soon became apparent that his freedom of movement was not interfered with. Meanwhile, the Ohio Democratic convention met at Columbus, Ohio, and Brough, who was chosen by the large majority of more than 60,000. The arrest, trial, and condemnation of Vallandigham by the military authorities agitated not only his own State of Ohio, but excited the public feeling in other parts of the country. Large assemblages gathered in Albany, New York, and Philadelphia, at which resolutions were passed and speeches delivered, denouncing the arrest of Mr. Vallandigham as an unwarrantable assumption of military authority. At the meeting in Albany, a letter was read from Governor Seymour, in which he spoke of the arrest of Mr. Vallandigham as an act which has brought dishonor upon our country; which is full of danger to our persons and our homes, and which bears upon its front, conscious violation of law and justice.". Expressions of similar opinions from prominent men abounded at the meeting in Philadelphia. These assemblages were composed, it must be recollected, principally of those who, belonging to the Democratic party, might be considered political partisans of Mr. Vallandigham, although it would not be fair to impute to all of them an unconditional sympathy with his extreme views. The Albany meeting having resolved that a copy of its resolutions should be transmitted to the President, Mr. Lincoln, on receiving them, replied in a long letter, controverting in detail the various positions assumed against the constitutionality of the suspension of the Habeas Corpus Act and the legality of military arrests. While justifying the general principles of such military arrests, Mr. Lincoln at the same time made this remarkable concession in regard to the particular case of Mr. Vallandigham: And yet, let me say," he added, "that, in my own discretion, I do not know whether I would have ordered the arrest of Mr. Vallandigham. While I cannot shift the responsibility from myself, I hold that, as a general rule, the commander in the field is the better judge of the necessity in any particular case. Of course I must practise a general directory and revisory power in the matter. "One of the resolutions expresses the opinion of the meeting, that arbitrary arrests will have the effect to divide and distract those who should be united in suppressing the rebellion, and I am specifically called on to discharge Mr. Vallandigham. I regard this as, at least, a fair appeal to me on the expediency of exercising a constitutional power which I think exists. In response to such appeal I have to say, it gave me pain when I learned that Mr. Vallandigham had been arrested-that is, I was pained that there should have seemed to be a necessity for arresting him—and that it will afford me great pleasure to discharge him so soon as I can, by any means, believe the public safety will not suffer by it. I further say that, as the war progresses, it appears to me opinion and action, which were in great confusion at first, take shape and fall into more regular channels, so that the necessity for strong nation in cries of "Down with the Copperheads!" "Down with Vallandigham, the traitor!" as they tore into shreds the offensive bulletin. The pro dealing with them gradually decreases. I have every reason to desire that it should cease altogether, and far from the least is my regard for the opinions and wishes of those who, like the meet-prietors of the Age, after having remoning at Albany, declare their purpose to sustain the Government in every constitutional and lawful measure to suppress the rebellion. Still, I must continue to do so much as may seem to be required by the public safety." strated with the excited crowd, pasted up The expressions of indignation against the Government and sympathy with its offender, at these meetings of the "Democrats," and in some of their newspapers, provoked violent demonstrations of opposition. During the meeting at Albany, some returned soldiers disturbed the proceedings by manifestations of dissatisfaction, and finally rushing upon the stage, broke the chairs and tables, and strove to put to rout the speakers. The rioters, however, being few in number, were readily checked, and comparatively good order was secured. In Philadelphia, the Age" news-tary authorities were constantly on the paper having made itself obnoxious by alert to encourage every manifestation its persistent opposition to the Govern- of loyalty, and repress the least indicament and repeated expressions of sym- tion of disloyalty. pathy with Vallandigham, not only in its printed columns but on its bulletins, a crowd collected in front of the office and tore in pieces one of the offensive placards. The mob vented its indig The obnoxious placard was as follows: EAST SIDE." Another terrible disaster-Retreat of our army-Rebel cavalry advancing on Falmouth-Capture of Grand Gulf--500 prisoners, arms, etc. "Editorial-General Sigel snubbed. "The moral of the campaign. "The arbitrary arrest of Clement L. Vallandigham." The political movements in Kentucky were watched with eager interest by the Federal Government and all friends of the Union. The United States mili A "Democratic convention," as it was termed, though it was not recognized as such by all the Democrats of Kentucky, was invited to meet at Frankfort in accordance with the following call: WEST SIDE." From the seat of war. "Rebel cavalry advancing on Falmouth. |