The south-western. [volume] (Shreveport, La.) 1852-1870, 1867-08-07

in different parts Of the country Of the part took ii
an important trial. which attracted the attention oil the
entire country.
Should they be able to find without any further ex
planation from me- that OH that occasion did not de-
mart from those principles which hold in common,
will be able wait patiently for their sure and ulti-
mate triumph rendering always the assistance
which then endcavored to furnish.
Truly your friend, J. NJ. CUTS,
Bv't Lieut.. Colonel, U.S,A.
G. w billiard, Editor South Western, Shreveport, La
Rurnside's General Order No. 38, and the
TRIAL Or MR. yALLANDIGHAH
In ApriI 1863, less than one month after he had as
sumed command Of the department of the Ohio, Gen
burnside published the following general order:
HEADQUARTERS DEPARTMENT OF THE ONO,
Cincinnati, Ohio, April IL, 1868.
General Orders No. 38.i
The commanding General publishes, for the informa
ton Of all concerned, that hereafter all persons found
within our lines who commit acts for the benefit of the
enemies of our country will be tried spies trait
ors and, if convicted, will suffer DEATH This order
includes the following class of persons:
Carriers of secret mails.
Writers of letters sent by secret mails.
Secret recruiting officers within the lines.
Persons who have entered into agreement to pass
our lines fer the purpose OF joining the enemy.
Persons found concealed within our line belonging
to the service Of the enemy and in fact, all persons
found improperly within our lines, wo could give pri
vate information TO the enemy
All persons within Oar lines who harbor protect con-
ccal feed clothe, or in any way aid the enemies of our
country.
The habit of declaring sympathcs for the enemy
will not be allowed in this department.
Persons committing such olenses will be at once
arrested with view being tried above stated,
sent beyond lines into the lines Of their friends
It must be distinctly understood that treason ex-
pressed or implied will not be tolerated in this depart
nent.
All officers and soldiers are strictly charged with the
execution Of this order
BY command of Maj General Burnside:
LEWIS RICHMOND,
Assistant Adjutant General
Official;
D. r. Larncd, Capt. and Asst Adj't Gen.
As Judge Advocate Of the department, it became
my duty to take cogsance of all arrests made under
this order to prepare the for trial. and to
that eourtsmaral and military commissions were duly
organised for that purpose.
The only portions Of this order which have pro
yoked any considerable discussion are the following
1.-The habit Of declaring sympathics for the enemy
will not be allowed in this department. Persons
hitting such oienscs will be at arrested, with
view to being tried above stated sent beyond our
lines into the lines of their friends.
&c 1t must be distinctly understood that treason OK
pressed or implied, will not be tolerated in this de-
partmcnt."
Dissenting from Gen burnside in the legality and
necessity for the enforcement of any such arbitrary
declaration Of his private sentiments and opin-
IONS yet resolved to continue in the discharge Of my
duties and by the judCious and careful selection of
cases, which most pressngly demanded trial, and by
Diminishing quietly such were not sustained by law
and evidence, hoped to avoid any violation of the
laws and constitution Of the land
A courtnartia and military commission we're mme
liatcly organised, and prciGrring to devote my
personal attention. with the views and opinions above
Indicated to the enforcement Of the order and conf
dent that great wrongs and violations Of law would be
less likely under officer experienced in TIE
discharge Of lis duties caused myself to be detailed
as Judge Advocate, both Of the court and Of the
mission
BY this court and commission, the following cases
were tried previous to the arrest and trial of Mr. Val
laDdigham.
l. Sampson D, Talbot, citizen Charge; TIarboring
and shielding from arrest, persons in against toe
Government This in Kentucky. Found guilty and
sentenced to fine and imprisonment.
.. Thomas Sullivan. Same charge. Found guilty,
and sentenced to confinement
g. Thomas NJ. Campbell, of the so-callcd Confed.
crate army. Charge Being found and arrested with
in our lines, as a spy" Found guilty, and sentenced
to be hung.
4. William T. Corbin now, or late Of the SO called
Confederate army. Charge: Recruiting men within
the lines Of the United States forces for the socaed
Confederate army" and "bcing the carrier of mails,
communications, and information, from within our
lines, to persons in against the Government"
shot to death.
s. T. G. McGraw, now, or late of the so-callcd Con
fcdcratc army. Charge: Recruiting men within the
lines of the United States forces, for the so-called
Confederate army" Found guilty, and sentenced to
be shot to death.
6. George Dongcs, citizen of Butler county, Ohio
Charge: Publicly declaring sympathy with the rebel
enemies Of the United States Government contrary to
the department Generals order No IS, and violently
assaultng loyal Citizen who reprovcd such dcclara
AZ, e Inf
about the 18th day Of April 1862 the said George
Dongcs at the city of Hamilton, Butler county, Ohio,
did publicly huzza for Jefferson Davis and on being
reprovcd for the same by one Peter kcrgcnhofer,
loyal citizen, did violently assault the said Kergcn
holer strike him in the face with his fists knock him
down with slung-shot, and kick him in the face,
Fiously wounding and bruising him, the said Kergcn
holcr Found guilty of the specification and charge,
and sentenced to four months imprisonment at hard
labor.
7. William McElwcc citizen of Jasper county, H.
linois Charge: Aiding in the escape of desertcrs
from the military service of the United States.
Found guilty, aud sentenced to a fine of three hun
bred dollars, and to imprisonment until paid.
s. Thomas Perkins, alias Thomas Hawkins, Of the
so-called Confederate army. Charge: " Being found
fenced to be hung.
o. George p Sims, now, or late of the so-cal}cd
Confederate army. Charge: Being found and
rested lurking about the lines OF the United States
forces as SPY. fouhu Suty ana sentenced 10 DC
hung.
10 William S. Burgess, now or late of the so-cacd
Confederate arfnv Charge: Being found and ar
rested within lines a spy" Found guilty, and
sentenced to bo hung.
It tl:is appears that from the date of the order,
april b. 1863 until May 6, 1862 the day upon which
Mr.. Eallaudighams trial commenced, only in
voring the expression of opinions tried; that all
thc other tried properly within the ursdc
ton of courtmartia', Or military commission, and
that the Involving the expression of opinions
was an aggravated and serious one, arising within Mr..
Vallandigham's district. All this, notwthstand-
ing the fact that there had been many through
the department. for the expression of the class of
opinions denounced by Gen. Burnside.
During nearly al entire month involving the !
principle constantly arising and they dis
posed of by taking the paroles of the persons accused
for their better conduct in the future and in the
more serious cases, chiefly arising in Kentucky, by
quring them, in addition, to remain at their homes,
aud report at stated periods to the nearest provost
marshal.
Daily Gen Burnside and myself were disagreeins. |
lie urging the trials, postponng and avoiding them,
and soltening the seventies of his order much us
lay in my power.
On the night of the 4th of May, 1868, Mr.. yalan-
digham arrested at his home in Dayton, Ohio, with
vstir tra