Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-05-11
ThsCourt MARITAL Of vaIIapdieham.


States. The charge and specification was
then read, as follows:
~HCHARGE.
"Publicly expressing, in violation Of
General Orders No. SO, from Headquarters
Department Of the Ohio, his sympsthies
for those in arms against the Government
ofthe United States, declaring disloyal sen
timents and opinions, with the object and
purpose Of weakening the power of the
Government in its efforts to suppress an
unlawful rebellion.
"sPECIFIcATIoS.
ain this, that the said Clement L. VAL
l~andigham, citizen Of the State of Ohio,
on or about the LIST day of May, 1868, at
Mount Vernon, Knox county, Ohio, did
publicly address q large meeting of citi-
zens. and did utter sentiments in words, or
in effect, as follows, declaring the present
war q wicked, cruel and unnecessary
war; "a war not being waged for the pres
ervation of the Union a war for the
purpose of crushing out liberty and
erecting q despotism; "a war for the free
| dom Of the blacks and the enslsvement Of
the whites stating that if the Admins
/ tration had 80 wished, the war could have
OEEu uOuOEhDLN AbInlAuhEt0 UNI dkU D..
that peace might have been honorably OBJ
tanned by listening to the proposed inter
mediation of France that propositions
by which the Northern States could be won
back and the South be guaranteed their
rights under the Constitution, had been re-
jected the day before the late battle Of
fredericksburg by Lincoln and his min
ions; meaning thereby the President Of
the United States and those under hin in
authority. Charging that the Govern
ment Of the United States were about to
appoint Military Marshals in every Dis
trict to restrain the people Of their liber-
ties, to deprive them of their rights and
privileges" Characterizing General Or
der No. SO, from Headquarters Department
Of the Ohio, as a base %usurpation Of arbi-
trary authority inviting his hearers to
resist the same by saying, the sooner the
people inform the minions of usurped pow
er that they will not submit to such re-
strictiOns upon their liberties, the better
declaring { that he was ut all times, and
upon all occasions, resolved to do what he
could to defeat the attempts now being
ruins Of our free Government asserting
that he firmly believed, as he said six
Uuln hEuf lunI u AuE III DQWtE hIE H.
tempting to establish a despotism in this
country, more cruel and more oppressive
than ever existed before.
GAN Of which opinions and sentiments
be well knew did aid, comfort and encour-
age those in arms against the Government,
aud could but induce in his hearers a dis
trust Of their own Government and sym
pathy for those in arms against it, and q
disposition to resist the laws of the land.
J. NJ. QUITS,
Captain nth Infantry, Judge Advocate, Depart
ment Of the Ohio"
Mr.. Vallandigham refused to plead and
asked for a process to compel the attend
ance Of Fernando Wood, of New York, he
to bring with him the letter which he re-
ceived from Richmond in relation to terms
offered for the return of Southern Senators
to their seats in Congress, with the letter
of the President declining to entertain the
proposition.
The delay asked for was not granted,
and the principal witness for the prosecu-
ton, Captain H. R. Hill, of the 1I5th Ohio,
was called. He was present at the meet
ing in Mount Vernon and heard Vallan-
digham's speech throughout. He read
copiously from full notes taken at the time.
Referring TO "Order No. 49," Vallandig-
ham had stated that he had the most su-
preme contempt for such power, and de-
spised and spit upon ii, and that he would
never submit to a military order prohibit
ing the free discussion Of civil or military
authority. The witness testified to there
being hundreds of Butternut and Copper
head badges worn at the meeting. Cap
tain Hill stated that he was sent to listen
to the speech by the Assistant Adiutant
General Of the Military Department Of
Ohio.
On the second day of the trial, Captain
of the same regiment, was called to
He, also, was at the Mount Yer
non meeting and testified to what the aC-
cused had said there. He said that Val
lsndigham had advised the people to come
up together and at the ballot-box to "hurl
the tyrsnt from his throne" In one part
Of his speech he styled the President as
u King Lincoln"
The defense then called up S. s. Cox as
his witness. He testified as to the eharac-
,er of Vallandigham's speech, and, of
course, being in the same boat, or at least,
alongside, gave as favorable a cOloring as
lis oath would allow.
Mr.. Vsllandigham desired to call three
more witnesses, Zone of them, Lecky Har-
yer, editor of the eopperhead "Banner"
It Mount Vernon but as this wouldinvolve ,
! continuance Of the case, the Court admit 7
ed that they would testify substantially !
he same as Mr.. Cox had done. The case E
hen closed, and submitted without argu- :
nent by the Judge Advocate. After the
GLOWING protest by the accused had been
cad, the Court held a secret session for
hours, at the close Of which they =
lade up their decision and submitted it to :
General Burnside. It will not be made 4
ublic until published in general orders. :,
The following is Vallandigham's pro- =
i,
Z" Arrested without due process of law,
warrant from any judicial officer, :
nd now in military prison, I have been 3
with q charge and specifications B
> in a Court Martial or Military Commits n
on. D.
al am not in either the land or naval Is
Irces Of the United States, nor in the .
ilitia in the actual service Of the United u
-ates,' and therefore am net triable for i
~ cause, by any such Court, but am sub
by the express terms of the Constitu- III
on, to arrest only by due process Of law, "
dicial warrant regularly issued upon of
hdavit and by some officer or Court of =;