The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1871-06-17
OBITUARY.
Clement L. vsiiandigham.


himself last night at Lebanon, Ohio, while explain
ing how criminal whom he was defending had
used the weapon on his victim, died at O'Clock this
morning. The full particulars OF the fatal accident
are to be found on the third page Of this issue.
Mr.. VaaDdigham was descended from Huguenot
ancestors and was born in New Lisbon, Columbia
county, Ohio, in 1872. He received good common
school education, and made rapid progress in all
studies. During HIS life as q student he spent one
year in Jefferson College in Ohio and then became
a principal In the academy at Snow Hill, Maryland,
which position he held for two years. In the year
1s40 he gave up his connection with the aca-
DENY, and returned to his home in Ohio,
and directly commenced the study of law. This he
pursued with ardor until 1892 when he was admitted
to the bar. The position Of bsrrlster the step
ping stone to higher honors, and in the year
1s45 he was elected to the State Legislature OF Ohio
and reelected In 1916. From the ending Of his last
term until 1s4s he was identified with the Dayton
Empire becoming its chief editor, and through this
sheet he greatly enhanced his influence as politi-
clan. From the moment when his connection with
the Empire ceased he devoted his time
almost wholly to politics and the practice Of
the law, and held, until the year
1856, various subordinate political positions. In
that year he was member of the Ohio Democratic
State Convention, which held in Cincinnati, and
fer the first time for Congress the 3bth) against
L. d. Campbell, whose seat he successfully con-
tested. He was reelected by his constituents in
1907 AT Tic commencement OF bne SeCOuQ session
Of the Thirty-ifth Congress, and during the entire
Thirty-sixth, he was placed on the Committee
on Territories. He was reel ected to the
Thirty-seventh Congress, and continued to
represent bis district until 1863 While in Congress
he Violently opposed the efforts Of the Government
to suppress the Rebellion, and manifested his SYM
pathy for the Rebels in the most violent language
At the close Of his Congressional term he returned
to Ohio, where had already been suggested as the
Democratic candidate for Governor and he speedily
engaged in popular canvass OF the war and the
Federal administration in spirit of sweeping hos
tility to both.
On the 18th Of April, 1868, General Burnside Issued
General Order No. ss, announcing that thereafter all
persons found within the Union lines who committed
acts for the benefit OF the enemy should be tried
spies, and II convicted suffer death. All persons who
In the habit OF declaring sympathy for the enemy
were to be arrested tried, and, IL found guilty, sent
beyond the lines into the lines OF their friends.
Under this order Vaandigham was arrested on May
for publicly expressing sympathy for those in
arms against the United States, and for
declaring disloyal sentiments and opinions,
with the object and purpose OF weakening
the power Of the Government in its efforts to sup
press an unlawful Rebellion. These specifications
alluded to q speech made by Mr., Vallandigham at
Mount Vernon, Ohio, on May 1, 1868. On May 16,
after having been tried by court-martial Brgadier
General R. B. Potter pres ding, he was found guilty
OF the charge and as to the specification guilty to
part and not guilty as to part His sentence was
that he be placed In close confinement in
some fortress Of the United States, to be de-
signated by the commanding of1cer Of the
department. there to be kept during
the continuance OF the war. General Burnside de-
sgnated Fort Warren, In Boston Harbor. The Pre-
sdent, however, commuted the sentence. He di-
rected that Vallandgham be taken under secure
guard to the headquarters of General Rosecrans to
be put by him beyond the Union lines, and In case
hia n q arrested and clOse cuatadv
for the tt rm OF his sentence.
This order was executed, but the offender soon
ran the blockade, and went to Canada, living at
Windsor. On the 5th of May Of the same year VAL
landgham applied through his counsel for writ OF
habsas corpus to Judge Leavtt, of the United States
District Court at Cincinnati This application
General Burnside responded to. The case was
argued at length, and the Judge decided that
the legality OF the arrest depended upon
the extent OF the necessity for making it, and that
was to be determined by the military commander;
and so decidedly refused the application OF the
writ. He also added that those who live under the
protection Of Government should know that they
cannot stab its vitals with impunity. II they have
tatred towards the powers Of government they
should withdraw from its jurisdiction.
The course Of the Government in this case was
condemned by the Democrats Of New York, at
meeting held in Albany, May Is, and copy OF the
resolutions then passed was forwarded to Presi-
men OF the party.
President Lincoln took SUFFICIENT notice of this
document to forward in return paper in which the
subject was argued at very great length.
The Ohio Democrats, in q communication dated
June &C. followed the lead OF their New York breth-
ren, and also demonstrated with the President. To
this lengthy reply was also given which, in turn,
brought another document from the committee OF
the party.
The Democratic convention which met in Ohio in
June, 1862 denounced the banishment OF Vaandig-
ham as a violation OF the Constitution, and nomi-
mated him as the Democratic candidate for Governor
OF the State. He was, however, defeated in the
suing october election his opponent, Mr.. Brough,
having received the unprecedented majority Of
10l,0s9 votes.
The case of vallandgham had been taken to the
United States Supreme Court, and was decided
February 49, 1854 writ OF cerOrari had been asked
directing the Judge Advocate General to revise the
sentence OF the court-martia as illegal for a cti-
zen This writ was refused, the Court deciding
that the court-martial was legal and that, even il
Illegal there was no authority OF the Court to grant
relief, because there was no Legal method by which
an appeal, or proceedings in the nature OF an
appeal, could be taken from military commission
to the Supreme Court.
Valandieham wrote his celebrated letter on re-
taliaton March 7, 1854, from Windsor, Canada, in
which he advised all the citizens OF Dayton, Ohio,
who had suffered in any way by reason OF the Union
soldiers TO retalate in kind upon them. This he
considered the only method Of punishment.
On June IS, 1864, Vallandigham returned to Ohio,
though the term OF his sentence had not expired,
and in the face OF the OF the several courts
trusting TO the public sentiment Of the locality that
he would not be molested. The result proved that
he was not wrong in his conjecture. he that day
addressed the Democratic Convention at Hamilton
Ohio, and in his speech strongly denounced the
Government and its methods OF proceeding in his
case.
on June II he again SPOKE in a similar strain In