Replies

rusty: "Where did Vallandigham declare sympathy for the enemy? "

Let me put it to you this way: in the past 25 years, how many dozens or hundreds of convicted murderers, rapists and others have been released from death rows, prisons, and sent home because DNA evidence later proved they did not commit the crimes that lawful, careful courts convicted them of?

So anyone can reasonably argue that miscarriages of justice are always possible in our legal system, even under the most carefully controlled circumstances, such as a civilian murder trial.

The record shows the court believed Vallandigham did express sympathy for the enemy and he was, per General Order #38, exiled for it.
But he ran for Ohio governor from exile, and when he returned to the Democrats' Chicago convention in 1864, President Lincoln knew of it and refused to order Vallandigham's arrest.

The record also suggests that Vallandigham did in fact help the Confederates while in Richmond and in Canada.
So he was not perfectly innocent.

"While in Canada, Vallandigham met with Jacob Thompson, who was a representative of the confederate government.
He talked to Thompson about plans for forming a Northwestern Confederacy, consisting of the states of Ohio, Kentucky, Indiana, Illinois by overthrowing their governments.
He requested money for weapons from the confederates.
Vallandigham refused to handle the money himself and it was given to his associate James A. Barrett.

Part of the confederate plan was to liberate confederate prisoners of war.[35]
The intended revolt never materialized."

Again I ask: can you cite an equivalent example of Confederate response to political dissent?

While in Canada, Vallandigham met with Jacob Thompson, who was a representative of the confederate government. He talked to Thompson about plans for forming a Northwestern Confederacy, consisting of the states of Ohio, Kentucky, Indiana, Illinois by overthrowing their governments. He requested money for weapons from the confederates. Vallandigham refused to handle the money himself and it was given to his associate James A. Barrett.

Ah, so you're for punishing Vallandigham in May 1863 for crimes he might commit in the future? What might you be guilty of in the future? Pay up now for that speeding ticket you will get in 2014. Ack! What might I be guilty of in the future?

If you will remember, I stated the following qualification in Post 193 (my bold below):

Did Vallandigham levy war against the United States? No, at least not at this time.

So anyone can reasonably argue that miscarriages of justice are always possible in our legal system, ...

Amen. Vallandigham was tried unconstitutionally by a military court in a state not in insurrection where the civil court system was functioning. Lincoln was guilty of that crime. As Governor Morton pointed out to Lincoln at the time, the trial was against the Habeas Corpus Act of 1863.

The record shows the court believed Vallandigham did express sympathy for the enemy and he was, per General Order #38, exiled for it.

Remember, this was a military court set up under the auspices of General Burnside who issued General Orders No. 38. Can you imagine one of the staff on the military court saying, "No, General, you're wrong." And the general responding with, "Off to the guard house with you, Major."