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Updated: June 19, 2025


Pugh made application to the United States Circuit Court, Judge Leavitt sitting, for a writ of habeas corpus directed to General Burnside, in order that the lawfulness of Mr. Vallandigham's arrest and trial might be tested. The court directed notice of the application to be given to the general, and set the 11th for the hearing. The case was elaborately argued by Mr.

If such shall be the result we can afford to overlook bygones, and I am inclined to await the development of public sentiment before following up Vallandigham's arrest by many others."

Clement L. Vallandigham His opposition to the war His theory of reconstruction His Mount Vernon speech His arrest Sent before the military commission General Potter its president Counsel for the prisoner The line of defence The judgment Habeas Corpus proceedings Circuit Court of the United States Judge Leavitt denies the release Commutation by the President Sent beyond the lines Conduct of Confederate authorities Vallandigham in Canada Candidate for Governor Political results Martial law Principles underlying it Practical application The intent to aid the public enemy The intent to defeat the draft Armed resistance to arrest of deserters, Noble County To the enrolment in Holmes County A real insurrection Connection of these with Vallandigham's speeches The Supreme Court refuses to interfere Action in the Milligan case after the war Judge Davis's personal views Knights of the Golden Circle The Holmes County outbreak Its suppression Letter to Judge Welker.

President Lincoln met one of their committees, and agreed with them that Vallandigham's arrest was unusual, but he quaintly added: He could not be persuaded that the government should not take measures in time of war which must not be taken in time of peace, any more than he could be persuaded that a sick man must not take medicine which was not good food for a well one.

Even before the convention that nominated them, Farragut had won the splendid victory of Mobile Bay; during the very hours when the streets of Chicago were blazing with Democratic torches, Hood was preparing to evacuate Atlanta; and the same newspaper that printed Vallandigham's peace platform announced Sherman's entrance into the manufacturing metropolis of Georgia.

In everything, and in most stupendous proportion, is this Administration abominable!" Seymour reaffirmed his position of out-and-out partisan hostility to the Administration. Vallandigham's colleague, Pendleton of Ohio, formulated the Democratic doctrine: that the Constitution was being violated by the President's assumption of war powers.

Vallandigham's offense was a public speech of which no accurate report survives. However, the fragments recorded by "plain clothes" men in Burnside's employ, when set in the perspective of Vallandigham's thinking as displayed in Congress, make its tenor plain enough. It was an out-and-out Copperhead harangue. If he was to be treated as hundreds of others had been, the case against him was plain.

He wrote to Burnside deploring his action and sustaining his authority. And then, as a sort of grim practical joke, he commuted Vallandigham's sentence from imprisonment to banishment. The agitator was sent across the lines into the Confederacy. Burnside had effectually played the marplot. Very little chance now of an understanding between Lincoln and either wing of the Democrats.

Listen to The World, of the 19th May, speaking of Vallandigham's arrest: "The blood that already makes crimson Virginian and Kentucky hill-sides, is but a drop to that which will flow on northern soil, when the American people discover that the battle has begun to save the Constitution from tyrants." Brave words, these!

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