Historical collections of Ohio in two volumes, an encyclopedia of the state, Volume I, Part 69

Author: Howe, Henry, 1816-1893
Publication date: 1907
Publisher: Cincinnati : Published by the state of Ohio
Number of Pages: 1006

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Having returned home, Mr. Vallandigham engaged with his usual boldness to denounce the war, the draft then pending and, as Whitelaw Reid expresses it, "stirred up the people with violent talk and particularly excited them over al- leged efforts on the part of the military authorities to interfere with freedom of speech and the press, which he conjured them to defend under any circumstances and at all hazards."

It was then a most gloomy period in the progress of the war and Gen. Burn- side, who had just been put in command of the military department of the Ohio, under date of April 13, 1863, issued from his headquarters at Cincinnati the famous "General Order No. 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 sym- pathy for the enemy will not be allowed in this department. Persons committing such offences 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 in this department."

Vallandigham, angered at this order, expressed his determination to defy it and to assert his constitutional right to discuss the policy of the administration in the conduct of the war, and announced that he would speak at a Democratic mass-meeting to be held at Mount Vernon on Friday, the 10th of May, which he did, and to a large audience.

Beginning with an allusion to the American flag, which was flying over them, he said, "that was the flag of the Constitution ; that it had been rendered sacred by Democratic Presidents ;" claimed that the Union could have been saved if the plans he had proposed had been sanctioned and adopted ; he declared that he abided by the Constitution ; that he " was a freeman;" that he did not ask Dave Tod, Abraham Lincoln or Ambrose E. Burnside for his right to speak as he had or was doing; that his "authority for so doing was higher than General Order No. 38; it was General Order No. 1-the Constitution !" that " the only rem- edy for all the evils was the ballot box."

Some of his more intemperate remarks having been reported to Gen. Burn- side, on the Monday following he despatched a company of the 115th Ohio, under Capt. Hutton, by a special train to Dayton to arrest him, which was effected that night and he returned immediately to Cincinnati with his prisoner. A scene of wild excitement the next day ensued in Dayton ; the streets were crowded with his friends and adherents and that night the office of the Republican newspaper was burnt by a mob. Gen. Burnside sent up an ample military force and, proclaiming martial law, quelled all further disturbance.

The day after his arrest Mr. Vallandigham issued the following address :

To the Democracy of Ohio: I am here in a military bastile for no other offence than my political opinions, and the defence of them and the rights of the people, and of your constitutional liberties. Speeches made in the hearing of thousands of you, in de- nunciation of the usurpation of power, in- fractions 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 lib- erty ; this is my only crime. For no disobe- dience 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 dis- union and Southern independence, but in obedience to their demand, as well as the demand of Northern Abolition disunionists and traitors, I am here to-day in bonds ; but

"Time, at last, aets all things even."

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COLUMBIANA COUNTY.

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 yet 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, uttered or maintained from the beginning. To you, to the whole people, to time, I again appeal. Stand firm ! Falter not an instant !

C. L. VALLANDIGHAM.

Mr. Vallandigham was arraigned before a court presided over by Gen. R. B. Potter, who, finding him guilty on some of the specifications, sentenced him to close confinement during the war, and Fort Warren, in Boston harbor, was designated. Mr. Lincoln changed this to his conveyance through our mili- tary lines into the Southern Confederacy, and in the event of his return that the original sentence of imprisonment be carried out. Judge Leavitt, of the United States District Court, was applied to for a writ of habeas corpus to take the prisoner out of the hands of the military. The application was ably argued by Hon. Geo. E. Pugh and Hon. Aaron F. Perry and the United States District Attorney, Hon. Flamen Ball, in behalf of Gen. Burnside. Judge Leavitt briefly took the case under advisement and denied the writ, in a calm and carefully considered opinion. The Democratic party bitterly assailed this decision, and some of the points of the learned judge were, after the war, decided adversely by the Supreme Court of the United States in the case of the Indiana conspirators. The sentence for Mr. Vallandigham's conveyance under military escort to within the lines of the Confederacy was then carried out.

The widely known Ohio journalist, Mr. W. S. Furay, now (1888) of Columbus, was then correspondent of the Cincinnati Gazette, and in Murfreesboro on the arrival of Mr. Vallandigham. He was with the party who took him into the Southern lines. His account, as written at the time, here follows.

Amongst the transactions which during the war it has been my fortune to witness I shall not soon forget the conveyance of the Hon. Mr. Vallandigham beyond the lines of our army and his delivery into the hands of the rebels ; which I consider an event fraught with the greatest interest to the patriot, giv- ing evidence as it does of a final determina- tion on the part of the government to save the nation at all hazards ; the first distinct assertion of its right to protect itself against the insinuating and cowardly copperheadism of the North, more dangerous and malignant than the open and armed treason of the South.

Vallandigham at Murfreesboro .- It was about ten o'clock on Sunday night (May 24) that the somewhat suppressed whistle of a locomotive announced that an extra train with Mr. Vallandigham on board had arrived. He had been sent from Cincinnati in charge of Capt. Murray with a squad of the Thirteenth regular infantry. He was at once taken in custody by Major Wiles, pro- vost marshal-general of the department, in accordance with an order from headquarters to take him to a point near our outposts, keep him there until morning, and then under cover of a flag of truce to pass lim within the lines of the enemy.

None save those immediately surrounding Gen. Rosecrans knew of his arrival. Had it been known through the camp all sense of discipline and restraint would have been lost, and a crowd of ten thousand men would have instantly collected around the provost mar- shals, swayed by the wildest and most ungov- ernable excitement which could have found

no vent but in slaying him on the spot. So intense and burning is their hatred for the man who by every speech made in and out of Congress the last two years had tended to encourage the rebels, to render more difficult and dangerous the task of their subjugation, and to put far off the happy period when in the midst of peace the soldiers may return to home and friends.

Starts for Dixie .- It was two o'clock in the morning when Vallandigham stepped into a spring wagon and started for that Dixie, which, notwithstanding it was now night, began to loom up most distinctly before him. Not one of those who accompanied Mr. Val- landigham that night will ever forget it.

Col. Mckibben, senior aid to Rosecrans, assisted by Lieut .- Col. Ducat, had the gen- eral charge. Col. Mckibben had once sat in Congress with this same Vallandigham, and although differing in many points they had fought together against the iniquity of Buchanan's administration. When taking his seat in the wagon the prisoner remarked to Col. Mckibben in a jocular manner : "Colonel, this is worse than Lecompton !" This was true in a deeper sense than he in- tended it, for the offence against the nation for which he was to be punished was much worse than the infamous attempt of Buchanan to fasten negro slavery upon the outraged in- habitants of Kansas.

The prisoner himself was in charge of Major Wiles, the able provost marshal-gen- eral of the department, efficiently assisted by Capt. Goodwin of the Thirty-seventh In- diana.

Capt. Doolittle and Lieut. Kelley of the

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COLUMBIANA COUNTY.

Fourth regular cavalry commanded the two companies of cavalry forming the escort of Gen. Rosecrans, but which, for this occasion, were the escort of Vallandigham. A second small wagon, with a trunk and some other baggage, followed the vehicle containing the prisoner. Major Wiles and Capt. Goodwin rode in the wagon, Col. Mckibben and Col. Ducat preceded, and the escort followed. Your correspondent, who was kindly per- mitted to form one of the party, went loosely and ad libitum.

The Procession on the Way .- Such was the remarkable procession which at this silent hour passed along the streets of Murfrees- boro, through the quiet and slumbering camps, and down the Shelbyville turnpike towards rebellious Dixie. Guard after guard, picket after picket, sentinel after sentinel, was passed, the magic countersign opening the gates in the walls of living men which, circle behind circle, surrounded the town of Murfreesboro.

The men on guard stood looking in silent wonder at the unwonted spectacle, little think- ing that they were gazing on the great copper- head on his way through the lines. Stone river was passed, and several miles traversed when your correspondent began to wonder where the mythical " front " so often spoken of might be.

An Hour's Rest .- Just as the first- faint dawn appeared in the east the party stopped at the house of Mr. Butler, in order to wait for daylight ; for we were now near our outposts. The family stared about them in great sur- prise when they were wakened up, but made haste to provide whatever conveniences they could for enabling the party to take an hour's repose.

Here, for the first time, I was introduced to Vallandigham. and as none of us felt like sleeping we commenced what to me was an extremely interesting and profitable conversa- tion. Mr. Vallandigham talked with entire freedom ; told me with the greatest apparent frankness his views of the policy of the administration ; discussed dispassionately the circumstances of his arrest and trial, and stated clearly what he supposed would be the ultimate results of his punishment. He manifested no bitterness of feeling whatever, seemed inclined to do full justice to the gov- ernment in reference to its dealings with him- self, and spoke very respectfully of Gen. Burnside. In spite of my fixed opinion of the bad and dangerous character of the man I could not but entertain for him a sentiment of personal respect which I had never felt before.

An Apt Quotation .- After an hour passed in conversation there was an effort made to obtain a little sleep, and Mr. Vallandigham himself had just fallen into a doze when Col. Mckibben waked him, informing him that it was daylight and time to move. Some poetical remark having been made about the morn- ing, Mr. Vallandigham raised himself up on his elbow and said, dramatically :

" Night's candles are burnt out,

And jocund day stands tip-toe on misty mountain tops.'

HIe had evidently forgotten the remaining line of the quotation, but it seemed so applica- ble to his own case, in view of the wrathful feelings of the soldiers towards him, that I could not forbear adding aloud,

" I must be gone and live, or stay and die."

I indulge in no vanity when I say that the extreme appositeness of the quotation startled every one that heard it, including Mr. Vallandigham himself.

Again Upon the March. - The cavalcade again set forth, and just as the first rays of sun tinged with gold the trees upon the west- ern hills we reached our remotest outposts. Major Wiles and Col. Mckibben now went forward with a flag of truce toward the enemy's videttes, who could be plainly seen stationed in the road, not more than half a mile off. The rest of the party halted, and Col. Ducat, Capt. Goodwin, Lieut. Kelly, Mr. Vallandigham and myself took break- fast at the house of a Mr. Alexander, just on the boundary line between the United States and Dixie. After all were seated at the table Col. Ducat informed Mrs. Alexan- der, who presided, that one of the gentlemen before her, pointing him out, was Mr. Val- landigham.

Immediately the woman turned all sorts of colors, and exclaimed, " Can it be possi- ble? Mr. Vallandigham ! Why I was read- ing only last night of your wonderful doings ! I must introduce you to the old man, shure !"

The "old man " is understood to be much more than half "Secesh," and he and not a remarkably handsome daughter united in giving the prisoner a warm welcome.

Tallandigham in Dixie .- After breakfast was over, and while waiting for the return of the flag of truce, I had another long and in- teresting conversation with Mr. Vallandig- ham, which I shall again have occasion to refer to.

The flag at length returned, and Col. Webb of the Fifty-first Alabama having signified his willingness to receive the prisoner, Major Wiles and Capt. Goodwin alone accompanied him a short distance within the rebel lines and handed him over to a single private sol- dier sent to take him in charge.

By nine o'clock the whole matter was over, and the party mounting their horses galloped back upon the now heated and husky turn- pike to Murfreesboro.

The bearing of Mr. Vallandigham through- out the whole affair was modest, sensible and dignified, and so far as the man could be separated from his pernicious principles won him respect and friends.

In conversation with your correspondent he candidly admitted that the dealings of the government with himself were necessary and justifiable if the Union was to be restored by

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war. He admitted that in that case the gov- ernment would be obliged to use all the phy- sical force of the loyal States and could toler- ate no opposition. This, however, he declared would be at the expense of the free principles

of the constitution ; whereas he thought by the adoption of his plan, not only might these principles be conserved, but the Union of the States ultimately restored.

The life of Mr. Vallandigham by his brother, Rev. James L. Vallandigham, gives some interesting items. His interview with Gen. Rosecrans lasted about four hours. At first Rosecrans was disposed to lecture him for his opposition to the war and concluded by remarking, ""Why, sir, do you know that unless I pro- tect you with a guard, my soldiers will tear you in pieces in an instant ?" To this Mr. Vallandigham in substance replied, "That, sir, is because they are just as prejudiced and ignorant of my character and career as yourself; but, General, I have a proposition to make. Draw your soldiers up in a hollow square to- morrow morning and announce to them that Vallandigham desires to vindicate himself, and I will guarantee that when they have heard me through they will be more willing to tear Lincoln and yourself to pieces than they will Val- landigham." The General shook his head, saying, " he had too much regard for the life of his prisoner to try it." The genial manner of his prisoner won upon him, and when he arose to go he put his hand on Mr. V.'s shoulder and said to Col. Mckibben, of his staff, " He don't look a bit like a traitor, now does he, Joe ?' and on parting shook him warmly by the hand.

When he was left in charge of the Confederate sentinel, hours elapsed before word could be sent and returned from Gen. Bragg, whose headquarters at Shel- byville were some sixteen miles away. "They were hours," said Mr. Vallandigham, " of solitude, but calmly spent-the bright sun shining in the clear sky above me, and faith in God and the future burning in my heart." He was kindly received by General Bragg in Shelbyville, where he remained a week, mostly in seclusion, and then was directed to report on parole to General Whiting at Wilmington, from which place he took, on the 17th of June, a blockade-runner to Nassau and thence by steamer to Canada, where he arrived early in July and awaited events. The Ohio Democratic Convention which had met in June at Columbus had by acclamation nominated him for Governor.

The banishment of Vallandigham and sentence by court martial created a profound sensation throughout the country, and a large Democratic meeting held at Albany, presided over by Erastus Corning, passed a series of resolutions con- demnatory of the "system of arbitrary arrests," and asking President Lincoln to " reverse the action of the military tribunal which has passed a cruel and unusual punishment upon the party arrested, prohibited in terms by the Constitution, and restore him to the liberty of which he had been deprived."

To this request Mr. Lincoln made a full, frank reply, putting in it some of his characteristic, homely touches of humor, for instance saying : "I can no more be persuaded that the government can consti- tutionally take no strong measures in time of rebellion, because it can be shown that 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 closed by stating that when he felt that the public safety would not suffer thereby he should with great pleasure accede to their request.

The Ohio Democratic Convention, which met in June in Columbus, after nomi- nating Mr. Vallandigham for Governor, passed resolutions strongly condemning his banishment as a palpable violation of four specified provisions of the Federal Constitution, and appointed a committee, largely ex-Congressmen, to go to Wash- ington and intercede for his release. This committee, as will be seen by their names appended, were gentlemen of high character, a majority of whom are yet living, though some quite aged and feeble: Mathias Burchard, formerly a Judge of the Supreme Court; George Bliss, member of Congress from the Akron Dis- trict; ex-Governor Thomas W. Bartley ; Hon. W. J. Gordon, of Cleveland, a wealthy retail merchant ; Hon. John O'Neil, late President pro tem. of the Ohio Senate; George S. Converse, of Columbus; Louis Shaefer, of Canton ; Abner L. Backus ; Congressmen George H. Pendleton, Chilton A. White, W. P. Noble, Wells A. Hutchins, F. C. LeBlond, William E. Finck, Alexander Long, J. W. White, J. F. Mckinney and James R. Morris.

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COLUMBIANA COUNTY.

In the correspondence which ensued Mr. Lincoln offered to accede to their request provided they would agree, as individuals, to certain specified things in aid of the forcible suppression of the rebellion. To this they would not agree, regarding the proffer as involving an imputation upon their sincerity and fidelity as citizens of the United States, and stating that they had asked for Mr. Val- landigham's release as a right due the people of Ohio.

" At this point," says Mr. . Greeley in his " History of the American Conflict," " the argument of this grave question concerning the right in time of war of those who question the justice or the policy of such war to denounce its prosecution as mistaken and ruinous, was rested by the President and his assailants-or rather it was transferred by the latter to the popular forum where, especially in Ohio, it was continued with decided frankness, as well as remarkable pertinacity and vehemence. And one natural consequence of such discussion was to render the Democratic party more decidedly, openly, palpably anti-war than it had hitherto been."

THE VALLANDIGHAM CAMPAIGN.

A vivid and interesting sketch of Vallandigham and the celebrated campaign of 1863 was published in the Cincinnati Enquirer a few years since. It consisted of personal reminiscences from the pen of the veteran Ohio journalist, W. W. Armstrong, who was Secretary of State for Ohio from 1863 to 1865. It has a peculiar interest from being from a fellow-townsman and a personal and political friend of Mr. Vallandigham, though not in sympathy with his extreme views.

After the adjournment of Congress in March, 1863, and while I was Secretary of State, Vallandigham came to Columbus. He visited my office and there informed me that he was a candidate for the Democratic nomi- nation for Governor. As I was originally from his home county, and our families had been friends, he counted upon my support for the position. I said to him very frankly : "Colonel, this is not your time to run for Governor. I think Hugh J. Jewett ought to be renominated."

As usual, he gritted his teeth and said he was astonished that I of all other men in the State should be opposed to his nomination. I replied that Jewett, by party usage, was entitled to a renomination if he would take it ; that his candidacy in 1861 had been judi- ciously managed ; that his speeches and let- ters had been patriotic and conservative, and that, being a "war" Democrat, or not so radical as he (Vallandigham), that he would poll a greater vote, and with the then dissat- isfaction existing with the State administra- tion he could be elected ; but he had made up his mind to be a candidate and could not be swerved from his purpose. . .

their strength at all the county conventions and captured the delegates. One radical can always be counted upon to do more work than ten moderate men. "The day of the conven- tion approached, and it soon became evident that it would be the largest ever held in the State, and would partake of the character of a mass-meeting more than of an assemblage of cool and collected delegates.

The day before the convention assembled the city of Columbus was invaded by thou- sands of Democrats, bitter, assertive and der fiant in their determination that, come what would, they would defy " Order No. 38 "and exercise what they claimed to be their con- stitutional right of free speech. Convention day came, and with it delegation after dele- gation, with bands of music, flags flying. hickory bushes waving, from every section of the State. Great processions with men ou horseback and in wagons crowded the streets, and the sidewalks were black with excited men. No hall in the city was large enough to contain one-tenth of the bold Democracy present who desired to attend the convention. It was held on the east front of the State- House, in the open air.

Ex-Governor Medill, of Lancaster, Ohio- once a leading and very active Democratic politician, an old, good-looking bachelor- was chosen President of the Convention. No useless time was spent in the preliminaries. They were hurried through. The radicals soon ran away with the convention, and Me- dill, always a good presiding officer, could hold no check on the extravagant demonstra- tions in favor of the Man in Exile. A vote by counties was demanded, and under the rules the demand was sustained. The name of Hugh J. Jewett was presented before that of Vallandigham. The announcement

The Convention .- The conservative Demo- crats of Ohio did not desire to nominate Vallandighanı for Governor, but his arrest, trial by Military Commission and his banish- ment excited every radical and ultra peace Democrat in the State, and they rallied in of Jewett's name was heard with almost

grim silence, and from his own county a tall delegate arose and declared that Muskingum was for Vallandigham, and asked that Jewett's name be withdrawn. The delegate who pre- sented it declined to accede to the request. Then Vallandigham's name was mentioned. The roar and noise of that crowd in his favor could be heard for miles.

The vote by counties began. Allen, Ash-

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land, Auglaize and even old Ashtabula an- swered "Vallandigham !" The B's followed the same way unanimously. When the Sec- retary reached the C's Cuyahoga county re- sponded solidly for Jewett, and her vote was most vigorously hissed. And after that, un- til Seneca county was reached, there was no vote for Jewett.

Vallandigham Nominated .- The people became impatient, and it was moved and seconded by thousands that the rules be sus- pended and Vallandigham be nominated by acclamation. Medill put the motion, and it was carried amidst the wildest shouts, the swelling notes of the crowd reminding one of the fierce roar of the ocean in its most turbulent moments. In a moment Vallan- digham was proclaimed the unanimous nom- inee of the convention, and then was witnessed a scene of enthusiasm among "Val's" friends that exceeded anything ever before known in the political history of the United States. The jubilee continued for at least an hour. The next step was the

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Historical collections of Ohio in two volumes, an encyclopedia of the state, Volume I, Part 69

Author: Howe, Henry, 1816-1893 Publication date: 1907 Publisher: Cincinnati : Published by the state of Ohio Number of Pages: 1006

Author: Howe, Henry, 1816-1893
Publication date: 1907
Publisher: Cincinnati : Published by the state of Ohio
Number of Pages: 1006