The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-05-16
The Court Martial OF Clement L.
rvt vallandigham. eas - 80,
WEDNESDAY, May 6; 1853.


officers Commission to try all parties
brought before it, and Mr.. Vallandigham
was asked whether he had any Objections
to offer to any member of the Court.
The following officers compose the Court:
Brig. Gen. r. B. Potter, President.
Capt. .. m, Cults, Judge Advocate.
Col. J. F. DeCourcy, 10th o. VI.
Lieut.. Col. r. r. Goodrich, Com. Sub.
Major Van Buren,, A. ID. C.
Major Brown, 10th Kentucky Cavalry.
Major Fitch, ll5th o. VI,
Capt. Lydig, A. ID. c..
Mr.. Vallandigham said he was not ac-
Court, and had no objections to offer to
them individually, but he protested that
the Commission had no authority to try
him, he being neither in the land or naval
force of the United States, or in the militia
III the actual service of the United States,
and was not therefore triable by such a
court, put was amenable only to the Judi
cial Courts of the land.
Ihe members of the Court were then
sworn TO try his case impartiallv ls
The Judge Advocate then read the follow
ing charge and specification:
CHARGB.-Publicly expressing, in viola
ton OF General Orders No. 3S, from Head
quarters Department of the Ohio, his sym-
pothies for those in arms against the Gov
ernment Of the United States, declaring
dlsloyal sentiments and opinions, with the
object and purpose of weakening the power
OF the government in it's efforts to suppress
an unlawful rebellion.
SPECIF1CATICN.-In this that the said
Clement L. Vallandigham, a citizen of the
state OF Ohio, on or about the LIST day of
May, 1868, at Mount Vernon. Knox county.
Ohio, did publicly address large meeting
of citizens, and did utter sentiments in
words, or in effect, as follows, declaring the
present war "a wicked, cruel and unneces-
yxypr yNnf hxfy,
preservation of the Union;" "a war for the
purpose of crushing out liberty and erect
ing despotism;'' "a war for the freedom
OF the blacks and the enslavement of the
whltes;" stating that ifthe Administration
had so wished, the war could have been
honorably terminated months ago;' that
''peace might have been honorably obtain
ed by listening to the proposed intermedi-
alton of France that propositions by
which the Southern States could be won
back and the South be guaranteed their
rights under the Constitution, had been re-
lected 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 him in
authority. Charging "that the Government
of the United States were about to appoint
Military Marshals in every District to re-
strain the people of their liberties, to de-
prive them of their rights and privileges"
Characterizing General Order No. SO, from
Headquarters, Department of the Ohio as
"a base usurpation of arbitrary authority"
inviting his hearers to resist the same by
saying, "the sooner the people inform the
mnlons OF usurped power that they will
not submit to such restrictions upon their
liberties, the better;' declaring that he
was at all times, and upon all occasions re-
solved to do what he could to defeat the
attempts now being made to build up a
monarchy upon the ruins of our free Gov
ornment;" asserting ''that he firmly BELLE
we'd, 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 encourage
those in arms against the Government and
could but induce in his hearers a,distrust of
those in arms against it, and disposition
to resist the laws of the land
J. M. QUITS,
Captain II infantry, Judge Advocate, De-
partment of the Ohio.
Mr.. Vallandigham was asked by the
Judge Advocate what his plea was.
Mr.. Vallandigham, refused to plead, and
asked time to consult his counsel and for
process to compel the attendance of Fer
nando Wood of New York city, who should
be required to bring with him the letter
which he received from Richmond in rela-
ern senator's to their seats in Congress,
with the letter of the President declining to
entertain the proposition.
Mr.. Vallandigham contin uing to refuse
to plead to the charge, the President direct
ed the plea Of not guilty to be entered on
the record.
The Court then gave Mr.. Vallandigham
time to consult his counsel, and for that
purpose ordered recess until half-past
one O'Clock.
The Court was then cleared for delibera-
ton as to whether the delay asked by Mr..
Vallandigham should be granted, and re-
manned closed until near noon.
The Court again met pursuant to adjourn
ment, and the doors were opened.
The President asked Mr.. Vallandipham
whether he did not desire to appear with
counsel.
Mr.. Vallandigham said he did not. His
counsel, George +. Pugh, George Pendle-
ton and Alexander Ferguson remained in
the adjoining room.
The Judge Advocate announced that the
case would be proceeded with and called
the first witness for the prosecution.
Capt. II. X. Hill, of the ll5th Q. V. T.,
was sworn.
Question by Judge Advocate-Were you
present at meeting of citizens at Mt. YER
non on May lst, 1868?
Ans.-I was.
Ques.-Did you hear the accused address
that meeting?
Ans.-I did.
Ques.-What position did you occupy at
the meeting, and were you near enough to
hear all he said?
Ans.-i was leaning against the end Of
the platform on which he was speaking
Was about six feet from him. remained
in this position during the whole time he
was speaking.
By Judge Advocate-State what remarks
he made in relation to the war, what he
said about the President of the United
States and the orders of military COM
manders.
Witness-In order that I may bring ev-
ents as they were referred to by the speak
er, ask permission of the Court to refresh
my memory from the notes which took
at the time.
President = You can read from your
notes.
Witness-The speaker commenced by re-
ferring to the canopy under which he was
speaking-the stand having been decorated
with an American fiag-the flag under the
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