if, at any point on or in the vicinity of the military line which is now or which shall be used between the city of Philadelphia and the city of Washington, you fined resistance which renders it necessary.
A similar discretion was soon afterward1
accorded to our commander on the Florida coast
; the authority conferred on Gen. Scott
was soon extended;2
it was next made3
general so far as it might affect persons arrested by military authority as guilty of disloyal practices; and — Congress having at length by express act authorized4
such suspension — the President
a general suspension of the privilege of habeas corpus
--to “continue throughout the duration of such Rebellion.”
But, months ere this, a serious collision between military authority and Peace Democracy had been inaugurated, and had created much excitement, in Ohio
Mr. C. L. Vallandigham
, having been defeated in his canvass for re-election by Gen. Robert C. Schenck
, at the Ohio State Election
in 1862, ceased to be a Member at the close of the XXXVIIth Congress
Returning to Ohio
, where he had already been suggested as the Democratic
candidate for Governor in the canvass of that year, he speedily engaged in a popular canvass of the War
and the Federal Administration
, in a spirit of sweeping hostility to both.
, who had just been transferred to and placed in command of the military department including Ohio
, put forth7
a general order
, wherein he proclaimed that henceforth
All persons found 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 sympathies 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 understood that treason, expressed or implied, will not be tolerated in this department.
Whether this was specially aimed at Vallandigham
or not, it was easily foreseen that he would be one of the first to expose himself to its penalties; and but three weeks elapsed from tile date of the order before lie was arrested8
at night while in bed in his own house, on a charge of having, in a recent speech at Mount Vernon
publicly expressed sympathy for those in arms against the Government of the United States, and declared disloyal sentiments and opinions, with the object and purpose of weakening the power of the Government in its efforts to suppress an unlawful Rebellion.
Being arraigned before a Court-Martial over which Brig.-Gen. R. B. Potter
presided, he was found guilty on some of the specifications embraced in the charge, and sentenced to close confinement till the end of the War
. Gen. Burnside
designated Fort Warren
, in Boston harbor
, as the place of such confinement; but the President
modified the sentence into a direction that Mr.
V. should be sent through our military lines into the Southern Confederacy, and, in case of his return therefrom, lie should be confined as prescribed in the sentence of the court.
, of the U. S. District Court for Ohio
, was applied to for a writ of habeas corpus
to take the prisoner out of the lands of the military, but refused it.
This sentence was duly executed by Gen. Rosecrans
, so far as to send the convict into the Confederacy