The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1864-02-10

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camber Term, Is68-Ex-Pnrte
. SslIaadig hnm-Oa Moiisa for
n Writ az Ccriiosari-- Brtef for
she applicant.
cIemsnt L. vsllandishsm. eihren Of the
State OF Ohio. residing 10 Dayton, hontsom-
cry Ccunty, end notenlisted or commissioned
in the land or the naval 'orces OF the United
States, nor called into actual service as o
nntiaman, WAS arrested IN bis own house
By party of soldiers, between two or three
o'elcck in the morning Of May 5, 1865, and
thence taken 20 C,ncinnau. in Hamilton
County, and theIe imprisoned.
On The pext day be was srraigned be ore 4
military eommission, convened by order o.
Major Gen. Burnside, commanding the De-
p,rtment OF the I hio, upon a charge and a
specification in these words:
CHARGE Publicly expressing, in viola
ton Of General Orders No SO, from Head
qunrters Department OF the Ohio, sympathy
nor those in arms against the Government Of
tha United States, and declarirg disiayal
sentiments and opinior1s with the object aud
purpose OF weakening HE power OF the gov
ernment in its efforts to suppress an unlaw.
tnl rebellion. s-. :. .-s-r..
!. apEcIFIoArroN. thia, that the said
Clement L. Vallandigham, ci,izsn Of the
State, OF Ohio. on or about The first day OF
May, 1853, at Mount Vernon, Knox County,
Ohio did publicly address a large meeting
Of citizens, and did utter sentiments il
words, or in effect, as follows: Declaring
the present war wicked. cruel, and I'm
necessary war, q war not being waeed IoF
tie preservation OF ;he Union. o war for
tho purpose Of crushing out liberty and erect
inS despo.isn, a war for tho freedom Of
the blacks and the enslavement ofthe whites;
stating that II the Administration had SO
wished, the war could have been honorably
terminated months ago, that peace might
have been houorably obtained By listening
to the proposed intervention Of France, that
propositions by which the Northern States
could be won back, and the South guaranteed
their rights under the Constitution, had
been rejected tbs day before the late battle
OF Frederick burg by Lincoln and his min
lone, meaning thereby the President Of the
United States and those under him in aus
thority: charging that the Government Of
the United States was about ts appoint
military marshals in every district TO restrain
the people Oh their liberties, to deprive them
OF their rights and privileges, characterizing
General Orders No. 3S, from Headquarters
: Department of the Ohio, as base usurpa
,jon OF arbitrary authority; inviting his
hearers to resist the same by saing the soon.
er ;hs people INFORM the minicns OF uSurped
power that they will not submit TO such re
s.rctions upon their liberties the betteE; de-
claling that he was, st all times, and upon
oil occasions, resolved TO do what he could
10 deeat he attempts now being made to
build up a monarchy upon The ruins Of our
free Government: asserting that he firmly
believed, as he ssid six months ago, hat The
men in power ARE attempting to establish o
despotisn in this country more cruel and
more oppressive than ever existed before.
"All OF which opinions and sentiments he
we'll knew did all, comfort and encourage
those in arms against the government, and
could but induce in his hearers distrust oi
theirrown Government, sympathy for those
IN arms against it, and a disposition to resist
The laws OF the land"
Mr.. Vaflandigham denied tho jurisdiction
Of the Commission, and refused to plead
shher on the specification or charge, where
upon tbs Judge Advocate was directed TO
enter plea OF "Not Guilty" for him, and
the trial proceeded
ss At the conclusion of the testimony, Mr.
yallandgham read statement Got which
the record contbins no copy again denying
the jurisdiction OF the Commission to which
the Judge Advocate replied that that ques
ton had been decided by the authority con
vsning and ordering the trial, and he was
not called upon to discuss II, nor had the
Commission been willing, at any time, to
entertain it." ..r.
The finding and sentences" were 10 these
words:
"The Commission, after mature deibera~
ton on the evidence adduced, and the state'
ament oi the accused find the accused, Clem
@sntL Vallandigham, a citizen of the State
Of Ohio, as foll,ws:
"Oi the specification, except the words
.thst propositions by which the Northern
States could be won back, and the South
euranteed their rights under the Constitu
ton, hsd been rejected the day before the
battle OF Fredericksburg by lincoln aud his
minions, meaning thereby the President 0
the United States and those under him II
authority, and the words, he firmly believed
as he asserted six months ago. that the mer
in power are attempting to establish des
potis,n in this country more cruel and more
expressing .hao evsr txisted before, guilty.
'And. as to these woIds, not guilty..s.
"Oi the charge, guilty. s1sl ~ 44
."And The Commission do, there ore. Fen
aenee him sthe said Clement L. Vaiiandig
ham 4 citizen OF the State Of Ohio, TO b
placed in close confinement, in some lortrss'
ef the United States, to be designated b!
the commanding officer OF this department
there to be kept during tho continuance
,hc war" ,5 q
sWhahefading and sentence, together witt
s''the. proceedings at large, were, approved
and confirmed by General Burnside, in. a.
erder bearing Gate May l6, 1868, and Fo:
Warren, Boston Hsrbor, was appointed al
the place OF imprisonment.
To annul this Sc otence, as illegal, for wan
OF Jurisdiction in the Commission which pro
nounced it, Mr. Vallandgham now apple
for a writ OF certiorar'.
The act of July 10th, 1862, "to amen'
the act calirg forth the militia to execut
the laws ofthe Union. suppress instruction
and repel invas ons, approved February 2oti
1895, and the acts amendatory thereof ant
for other purposes provided:
SEC. 5. eThat the President shall appoint
by and with the advice and consent Q tn
senate. a Judge Advocate General, With To
rank, pay, and emoi umsnts OF q colonel
cavalry, to whose office shall be returned TO
revision the records and proceedings Of al
courts martial and military commissions, an
where q record shall be kept Of all proceed
Jugs had thereupon." Statutes at large
vol r12,-page 59s. -. --sg ..-
The motion is, therefore, that the writ o
certiorar bs dirersed to the J udge AdSecat
General Of the Army, at Washington city
as the officer TO whom the proceedings Q
sthe Commission have bsen returned for re