Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-05-13
The Application of Hon. C. l.. Vallan
digham for Writ Of Habeas Corpus.

i
We COPY from the Cincinnati Gazette of Tues
day morning, May 18th, the following report Of
this case:
George E. Pugh renewed bis motion before
Judge Leavitt, Yesterday morning, In the UNI
ted States Circuit Court, for writ of habeds cor
pus, directed to General Burnside, directing him
to bring the body of G. L. Vallandigham into
Court, with the cause OF his arrest anu do'en-
ton.
The following ia the petition Of Mr.. Pugh:
UNITED STATES OF AMERICA,
SOUTHERN DIsTRIcr OF ONO, ssS
To the Honorable the Judge of The Circuit CouTi
Of the United States, piihin and tor the Dis
trict aforssaid:
Your petitioner, Clement L. Vallandigham
savs that he is native born citizen OF the state
of Ohio, residing in Montgomery county, and
not enlisted or commissioned In the land or the
naval forces of the United States, nor called
into actual service as ore Of the militia oil any
State; nevertheless, on the 9th day OF May, IN
slant, between two and three o'clock in the morn
ing of said day, his dwelling house lin which
| be and his family then were), in the CITY OF
Dayton and county of Montgomery aforesaid
was surrounded by about one hundred soldiers,
/
the direction of Ambrose E. Burnside, Major
General in the Army of the United States; which
soldiers then and there violently broke the out
or door and two inner doors Of your petition
er's said house, and entered the came, and then
and there seized your petitioner by overpoWer-
| ing numbers, and thence carried him to the
CITY of Cincinnati, In Hamilton county, 10 the
State and Southern District OF Ohio, where they
imprisoued him against his will, in building
on Second or Columbia street, then used as a
military prison; and your petitioner Gays that
he bas eVet since been and now 10 detained 10
custody, in said city Of Cincinnati, under mill
tary guard, of which eaid Ambrose T. Burn
eide ie commander. -,-...
Your petitioner alleges that he was thus
violently seized In bis own house, In the night
time, without any warrant issued upon probable
cause, supported by oath or affirmation, and in
contempt OF bis rights ss an American citizen.
| He says, aIso, that since bis imprisonment, as
aforesaid, paper has been delivered to him
(of which true copy 10 herewith annexed),
purporting to contain charge and specihca-
tIon againet him, signed by J. M. Cults, Cap
tain and Judge Advocate, on which charge and
specification he has been arraigned, against his
will, before number of officers OF the Army
| of the United States, assembled In room of
the ST. Charles Exchange, on East Third street,
in the city of Cincinnati, styling themselves q
Military Commission, and assuming to exercise
judicial authority at the iDshgation OF said
Ambrose E. Burnside, as Major General afore-
said. Bot your petitioner deems that he IL not
subject to any such mode of arraignme1t or
of trial, and claims that all proceedings OF that
description are, in his case, forbidden by the
Constitution and laws of the United States.
Therefore, and to the end that he may be re-
lieved from manifest oppression under color OF
military authority, and that he may be charged
| Ia due course of law, IN this Court or some
other, with whatsoever crime he II Intended ~
be imputed by the charge and specification
above mentioned, your petitioner moves your
Honors to grant him writ OF habeds corpus,
directed to said Ambrose E. Burnside and all
persons assembled to act in obedience to his
orders, commanding him aud them forthwith to
bring the body of your petitioner before this
Court, together with the cause Qf any of his
caption and detention. And your petitioner
submits hereby to whatsoever the Constitution
of the United States in this behalf may require.
C. L. VALLANDlGHAM.
| BY George E. Pugh, his Attorney, Southern
District of Ohio, to-wit:
George E. Pugh, being duly sworn, says that
he makes this application for writ Of habea'
corpus, at the request of c. l.. Vallandigham,
tho petitioner above named, aud that he be-
lieves the matter alleged in the foregoing petit
| tion to be true.
GEORGE E. PUGH
Sworn to before me and subscribed in my
presence this 9Th day OF May, A. d. 1868.
JOS. H. GEIGER,
| Clerk G. c. U. s. Southern District Of Ohio.
District Attorney Ball said he was requested
by Gen. Burnside TO ask the Court fer a delay
of half an hour, when he would submit state
ment which was then being prepared In the
case.
The Court granted the delay, and in half ar
hour Mr.. Bali submitted the following state
ment, prepared by Gen. Burnside:
/ HEADQUARTERS DKP'T OF THE OHIo,t
i CINcrNNATI, o., May IL, 1863.
To the Honorable the Circuit Court of the Unitet
States within and torithe Southern Disiriet 0
i Ohio;
The undersigned, commanding the Depart
ment of the Ohio, having received notice iron
the Clerk of said C0utt that an application fo
the allowance of q writ OF habeGs corpus viii
be made this morning before your Honor OF
behalf of Clement L. vallAndigham, now
prisoner In my custody, asks leave to submit I,
the Court the following:
III 6TATEMENT.
u II l were TO indulge in wholesale criticism
} Of the policy Of the Government, It would de-
moraiize the army under my command, AMI
every friend OF his country would call me Q
traitor. If the officers or soldiers were to in
dul ge in such criticisms, 1t would weaken the
army TO the extent of their influence; and 4
} this criticism we're universal In the army, i
! would cause it TO be broken to pieces, the Gov
eminent to be divided, our homes to be invaded
and anarchy to reign. My duty to my Govern
ment forbids me to indulge In such criticisms
officers and soldiers are not allowed to 30 in
, dulge, and this course will be sustained by al
: honest men.
Now, will 60 further. We are 10 stat,
OF civil war. One of the States Of this De
partment ia at this moment invaded, and thre,
0 others have been threatened. command tht
6 Department., and IL is my duty to my countr
q and to this army to keep 1t In the best possbl
t condition; to see that 1t 10 fed, clad, armed
It and, iar al possible, to see that t is encour
% aged. II il is my duty and the duty OF th
70 troops TO avoid saying anything that woul
y weaken the army. by preventing a single 70
} cruit from joining tue ranks, by bringing th
u laws OF Congress- into dsrepute, or by causin
dissatisfaction In the ranks, IL 10 equally th
IT duty OF every citizen In the Department 10 avoi
!. the same evil. II 1t 10 my duty to prevent th
D. propagation Of this evil in the army, or In
] Iportion of my Department, 1t is equally m
l. duty 10 all portions Of it; and IL 10 my dut
b 70 use all the force In my power to stop 1t.