Ex parte Vallandigham
Encyclopedia
Ex parte Vallandigham, , is a United States Supreme Court case, involving a former congressman Clement Vallandigham
of Ohio
, who had violated an Army order against the public expression of sympathy for the Confederate States and their cause. Vallandigham was tried before a military tribunal by General Ambrose Burnside for treason after he delivered an incendiary speech at Mount Vernon
. A writ of certiorari brought the case to the Supreme Court under Chief Justice
Salmon Chase.
"Vallandigham had denounced the War and the Administration at home and in Congress. President Abraham Lincoln banished Vallandigham to rebel territory. He returned and appealed the action in the Supreme Court."
The question before the court was whether or not the military proceedings were constitutional. In February 1864 the Supreme Court unanimously held that it had no power to issue a writ of habeas corpus
to a military commission. The court avoided disagreement with the President or military by arguing that since the extra-legal tribunals were not listed in any documents enumerating courts over which the Supreme Court had authority, Vallandigham had no grounds for appeal. Ex parte Metzger was used as precedent.
, warning that the "habit of declaring sympathies for the enemy" would not be tolerated in the Military District of Ohio, Vallandigham gave a major speech (May 1, 1863) charging the war was being fought not to save the Union but to free blacks and enslave whites. To those who supported the war he declared, "Defeat, debt, taxation [and] sepulchres - these are your trophies."
Vallandigham denounced Abraham Lincoln
calling for "King Lincoln's" removal from the presidency. On May 5 he was arrested as a violator of General Order No. 38. Vallandigham's enraged supporters burned the offices of the Dayton Journal, the Republican rival to the Empire. Vallandigham was tried by a military court 6–7 May, denied a writ of "habeas corpus", convicted by a military tribunal of "uttering disloyal sentiments" and attempting to hinder the prosecution of the war, and sentenced to 2 years' confinement in a military prison. A Federal circuit judge upheld Vallandigham's arrest and military trial as a valid exercise of the President's war powers. President Lincoln wrote the "Birchard Letter
" to several Ohio congressmen offering to release Vallandigham if they agreed to support certain policies of the Administration. President Lincoln, who considered Vallandigham a "wily agitator" and was wary of making him a martyr to the Copperhead
cause, ordered him sent through the lines to the Confederacy, and he was taken under guard to Tennessee. Although he changed Vallandigham's sentence, Lincoln did not repudiate Burnside's actions. In response to a public letter issued by a meeting of angry democrats in Albany, Lincoln's letter to Erastus Corning et al. explains his justification for supporting the tribunal's conviction.
In February 1864 the Supreme Court decided that it had no power to issue a writ of habeas corpus to a military commission (Ex parte Vallandigham, 1 Wallace, 243).
Clement Vallandigham
Clement Laird Vallandigham was an Ohio resident of the Copperhead faction of anti-war Democrats during the American Civil War. He served two terms in the United States House of Representatives.-Biography:...
of Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, who had violated an Army order against the public expression of sympathy for the Confederate States and their cause. Vallandigham was tried before a military tribunal by General Ambrose Burnside for treason after he delivered an incendiary speech at Mount Vernon
Mount Vernon
The name Mount Vernon is a dedication to the English Vice-Admiral Edward Vernon. It was first applied to Mount Vernon, the Virginia estate of George Washington, the first President of the United States...
. A writ of certiorari brought the case to the Supreme Court under Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
Salmon Chase.
"Vallandigham had denounced the War and the Administration at home and in Congress. President Abraham Lincoln banished Vallandigham to rebel territory. He returned and appealed the action in the Supreme Court."
The question before the court was whether or not the military proceedings were constitutional. In February 1864 the Supreme Court unanimously held that it had no power to issue a writ of habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
to a military commission. The court avoided disagreement with the President or military by arguing that since the extra-legal tribunals were not listed in any documents enumerating courts over which the Supreme Court had authority, Vallandigham had no grounds for appeal. Ex parte Metzger was used as precedent.
Background
After General Ambrose E. Burnside issued General Order Number 38General Order Number 38
General Order Number 38 was issued by American Union general Ambrose Burnside on April 13, 1863, during the American Civil War, while Burnside commanded the Department of the Ohio...
, warning that the "habit of declaring sympathies for the enemy" would not be tolerated in the Military District of Ohio, Vallandigham gave a major speech (May 1, 1863) charging the war was being fought not to save the Union but to free blacks and enslave whites. To those who supported the war he declared, "Defeat, debt, taxation [and] sepulchres - these are your trophies."
Vallandigham denounced Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
calling for "King Lincoln's" removal from the presidency. On May 5 he was arrested as a violator of General Order No. 38. Vallandigham's enraged supporters burned the offices of the Dayton Journal, the Republican rival to the Empire. Vallandigham was tried by a military court 6–7 May, denied a writ of "habeas corpus", convicted by a military tribunal of "uttering disloyal sentiments" and attempting to hinder the prosecution of the war, and sentenced to 2 years' confinement in a military prison. A Federal circuit judge upheld Vallandigham's arrest and military trial as a valid exercise of the President's war powers. President Lincoln wrote the "Birchard Letter
Birchard Letter
The Birchard Letter , was a public letter from United States President Abraham Lincoln to M. Birchard and eighteen other Ohio Democrats in which Lincoln defended the administration's treatment of antiwar agitators, and offered to release Clement Vallandigham if a majority of those to whom the...
" to several Ohio congressmen offering to release Vallandigham if they agreed to support certain policies of the Administration. President Lincoln, who considered Vallandigham a "wily agitator" and was wary of making him a martyr to the Copperhead
Copperheads (politics)
The Copperheads were a vocal group of Democrats in the Northern United States who opposed the American Civil War, wanting an immediate peace settlement with the Confederates. Republicans started calling anti-war Democrats "Copperheads," likening them to the venomous snake...
cause, ordered him sent through the lines to the Confederacy, and he was taken under guard to Tennessee. Although he changed Vallandigham's sentence, Lincoln did not repudiate Burnside's actions. In response to a public letter issued by a meeting of angry democrats in Albany, Lincoln's letter to Erastus Corning et al. explains his justification for supporting the tribunal's conviction.
In February 1864 the Supreme Court decided that it had no power to issue a writ of habeas corpus to a military commission (Ex parte Vallandigham, 1 Wallace, 243).