CHAPTER XIII

Clement L. Vallandigham-Sketch of His Early Career-Member of State Legislature-Member of Congress-Opposition to the War-His Mount Vernon Speech-His Arrest, Conviction and Deportation-Nominated for Governor of Ohio While in Exile -The Vallandigham Campaign-His Success as a LawyerHis Death-Estimate of His Character.

In the western outskirt of what is now the village of Lisbon, a boy was born July 29, 1820, who was destined to become prominent in the history of Ohio and to play a peculiar part in the nation's struggle for existence from 1861 to 1865. That boy was Clement Laird Vallandigham, who was to become "the bold leader of the Ohio Democracy in the turbulent times of 1863."

On his father's side Vallandigham was of Huguenot stock and on his mother's, Scotch-Irish. He had behind him three strains of blood that had fought for liberty. In 1690 his American ancestors settled in Virginia. They spelled the name Van Lendeghem. One of the sons of that family changed the spelling to Vallandigham. The father of Clement L. Vallandigham was born in Allegheny County, Pennsylvania, and was a Presbyterian clergyman of the old school. He came to New Lisbon, Ohio, in 1807, where he commenced preaching the gospel under a tent. His salary being insufficient for his support he established a classical school in his own house, and there he gave instruction to a number of boys whose names afterwards became prominent.

Clement L. Vallandigham graduated at Jefferson College, Canonsburg, Pennsylvania, took up law and began the practice of his profession at New Lisbon. In 1845 he was elected to the State Legislature and became the leader of his party in the House, although he was the youngest Representative. While in the Legislature he voted against the repeal of the Black Laws because he wished the

question submitted to a popular vote. He settled in Dayton in 1847 and became part owner and editor of the Western Empire but still continued the practice of his profession.

In 1852 he made a strong effort to secure the Democratic nomination for Lieutenant-Governor but was defeated by William Medill. In 1856 he was nominated for Congress against Col. Lewis G. Campbell who was known as the "Butler County Pony." Campbell was declared elected, but Vallandigham contested his seat and Campbell was thrown out. In Congress Vallandigham was considered one of the ablest debaters and best parliamentarians on the floor of the House and he was particularly effective as a speaker because of the sincerity of his convictions and the honesty of his purposes. He opposed the war always and everywhere, both in Congress and out of it. It is said he did not believe it possible to conquer the South, but it is unquestionable that his opposition was based upon deeper principles than those of expediency.

At the expiration of his term in Congress Vallandigham returned home to Dayton, having been defeated for reelection by General Robert L. Schenck.

The first two campaigns of the war had not brought glory to the North, and others besides Vallandigham were expressing their opinions not only of the conduct of the war, but of its righteousness, and these public expressions were very offensive to the Federal authorities and Federal generals. General Burnside had been placed in command of the military department of Ohio. He was an inferior general and a worse statesman, so on April 13, 1863, he issued from his headquarters at Cincinnati the famous "General Order Number 38," wherein he proclaimed that henceforth "All persons within our lines who commit acts for the benefit of the enemies of our country will be tried as spies or traitors, and if convicted will suffer death. The habit of declaring sympathy for the enemy will not be allowed in this department. Persons committing such offenses will be at once arrested with a view to being tried as above stated or sent beyond our lines into the lines of their friends. It must be distinctly stated that treason expressed or implied will not be tolerated by this department."

Vallandigham was much angered by this order and persisted in his determination to defy it and assert his constitutional right to discuss the policy of the administration and the manner of conducting the war. To carry out that determination he attended a mass-meeting at Mt. Vernon, Ohio, on Friday, May 10th, where he delivered an oration. He began his speech with an allusion to the American flag which was flying over him, calling it the flag of the Constitution that had been rendered sacred by Democratic Presidents. He asserted that the Union could have been saved if the plans proposed by him had been adopted and declared that he abided by the Constitution, that he was a free man and that he did not ask Governor Tod, President Lincoln or General Burnside for his right to speak as he was doing. Dramatically he told his audience that his authority for speaking was higher than "General Order Number 38"; it was General Order Number 1-the CONSTITUTION. He also asserted that the only remedy for all the evils was the ballot box. This speech was reported to General Burnside and on Monday, May 13th, he despatched a company of the 115th Ohio, under Captain Hutton, to Dayton to arrest Vallandigham which was done that night and he was taken immediately to Cincinnati. The next day Dayton was the scene of the wildest excitement. The streets were crowded with the friends and adherents of Vallandigham, and that night the Republican newspaper was burned by a mob. General Burnside immediately sent up a military force, proclaimed martial law, and quelled the disturbance.

Vallandigham's defense of himself is interesting and is given in the following address which he issued the day after his arrest.

"To the Democrats of Ohio: I am here in a military Bastile for no other offense than my political opinions and the defense of them and the rights of the people and your Constitutional liberties. Speeches made in the hearing of thousands of you in denunciation of the usurpation of power, infractions of the Constitution and laws, and of military despotism, were the causes of my arrest and imprisonment. I am a Democrat; for Constitution, for law, for Union, for liberty; this is my only crime. For no disobedience to the Constitution, for no violation of law, for no word, sign or gesture of sympathy with the men

of the South, who are for disunion and Southern independence, but in obedience to their demand as well as the demand of Northern Abolition disunionists and traitors, I am here today in bonds; but

'Time at last sets all things even.'

Meanwhile, Democrats of Ohio, of the Northwest, of the United States, be firm, be true to your principles, to the Constitution, to the Union, and all will be well. As for myself, I adhere to every principle and will make good through imprisonment and life itself, every pledge and declaration which I have ever made or maintained from the beginning. To you, to the whole people, to time, I again appeal. Stand firm! Falter not an instant!"

Vallandigham was courtmartialed by a court presided over by General R. B. Potter and was adjudged guilty of some of the charges made against him. General Potter then sentenced him to close confinement during the war and designated Ft. Warren in Boston Harbor as his prison. President Lincoln changed this sentence and ordered that Vallandigham be conveyed from out the Federal lines into the Southern Confederacy, with the condition that if he should return the original sentence would be carried out.

George E. Pugh and Aaron F. Perry applied to Judge Leavitt of the United States District Court for a Writ of Habeas Corpus to take the distinguished prisoner out of the hands of the military. The case was argued before Judge Leavitt by United States District Attorney Flamen Ball, appearing for General Burnside. The writ was refused and Judge Leavitt was fiercely assailed by the Democratic Party for his decision. It is worthy of note that some of the points in the decision were decided adversely by the Supreme Court of the United States in the case of the Indiana Conspirators. The sentence of conveyance across the lines under military escort was then carried out. Vallandigham was sent from Cincinnati to Murfreesboro, Tennessee, by train in charge of Captain Murray and a squad of the 13th Regular Infantry. He arrived at Murfreesboro on the night of Sunday, May 24th, 1863, and was passed by Captain Murray into the custody of Major Wiles, provost-marshal of the department under General Rosecans. It has been stated by those who were present that had the Northern troops known of Vallandigham's presence in the camp they

would have thrown all restraint to the winds and murdered him. At two o'clock in the morning Vallandigham was placed in a spring wagon and started across the line in charge of Colonel McKibben, Senior Aide to General Rosecrans. Two companies of cavalry formed an escort. At sunrise they reached the Confederate outposts and a flag of truce was sent toward their videttes. Colonel Webb of the 61st Alabama signified his willingness to receive the prisoner and Major Bragg and Captain Goodwin accompanied him a short distance within the rebel lines where they handed him over to a private soldier to take him to his officer. He was received in a friendly manner by General Bragg in Shelbyville where he remained a week, when he was directed to report on parole to General Whiting at Wilmington. On June 17th he took a blockade runner to Nassau and at that point took a steamer to Canada to await events.

The banishment of Vallandigham produced a profound sensation throughout the whole country and many who were entirely patriotic thought that the action of the government was unnecessary and arbitrary. The Democratic meeting held at Albany, New York, and presided over by Erastus Corning passed a series of resolutions condemning arbitrary arrests and asking President Lincoln to "reverse the action of the military tribunal which has placed a cruel and unusual punishment upon the party arrested, prohibited in terms by the Constitution and restore him to the liberty of which he has been deprived." President Lincoln dignified the request by a reply and the reply was characteristic. He said, "I can no more be persuaded that the government can constitutionally take no strong measures in time of rebellion, because it can be shown the same could not be lawfully taken in time of peace, than I can be persuaded that a particular drug is not good medicine for a sick man, because it can be shown not to be good food for a well one." He stated, however, that when he felt the public safety would not suffer thereby he would be glad to grant their request.

The treatment of Vallandigham by the national government aroused his followers in Ohio, and he had many, to indignation and rage, and the project to nominate him for Governor took shape. The conservative Democrats did not desire his nomination but his arrest,