NEWS FROM WASHINGTON: The Findings of the Court-Martial in Vallandigham’s Case Approved; THE COMING CONSCRIPTION (5/21/1863)

New York Times - Times Machine ^ | 5/21/1863

[Homer_J_Simpson]

WASHINGTON, Wednesday, May 20.

The President has approved the findings of the Court-Martial in VALLANDIGHAM'S case, but has ordered him to be forthwith sent beyond our lines. General satisfaction is expressed at the result, which so happily meets the difficulties of the case -- avoiding the possibility of making him a martyr, and yet effectually destroying his power for evil. It is understood that Gen. BURNSIDE has already executed the order.

We are authorized to say that the statement in the Tribune this morning, that Solicitor WHITING, of the War Department, contradicts the report that it has been decided to set aside the three hundred dollar clause in the Conscription Act, is entirely unfounded. No one denies that the Secretary has expressed his determination to so construe the Act, but of the legality of such construction Solicitor WHITING has as yet expressed no opinion whatever. The Provost-Marshal-General is sending out instructions to hasten the enrollment under the Conscription law as much as possible, and, if necessary, to employ more enrolling officers than the regulations recently issued authorized.

It is authoritatively stated that Secretary CHASE will accept no loans from foreign capitalists, except on the same terms on which the loans are now open to our own citizens.

Arrangements are being made to enlarge our effective cavalry forces. A prominent official stated yesterday that within six months there would be a hundred thousand more cavalry in the field. It is doubtless intended to make up this number largely by mounting the negro recruits. Infantry are now being mounted in Western Virginia to increase Gen. AVERILL's new guerilla-fighting command.

The amount of subscriptions to the five-twenty loan is now stated at over one hundred millions.

General Orders No. 138 from the War Department directs that officers applying for

[Homer_J_Simpson]

Free Republic University, Department of History presents U.S. History, 1861-1865: Seminar and Discussion Forum
The American Civil War, as seen through news reports of the time and later historical accounts

First session: November 21, 2015. Last date to add: May 2025.
Reading: Self-assigned. Recommendations made and welcomed.

Posting history, in reverse order

https://www.freerepublic.com/tag/by:homerjsimpson/index?tab=articles

To add this class to or drop it from your schedule notify Admissions and Records (Attn: Homer_J_Simpson) by reply or freepmail.

Link to previous New York Times thread

https://freerepublic.com/focus/f-chat/4154615/posts

[Homer_J_Simpson]

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[Homer_J_Simpson]

News from Washington: The Findings of the Court-Martial in Vallandigham’s Case Approved – 2-3
The War in Mississippi: Gen. Grant Reported to Have Evacuated Jackson – 3
Affairs in Tennessee: Movements of the Rebel Forces – 3
Operations in the Southwest: Raids into Alabama and Mississippi – 3
The Army of the Potomac: The Swiss Gen. Fogliardi – 3
The War in Arkansas: A Daring Reconnoissance from Helena Toward Little Rock – 3-4
Editorial: Reunion by Force – Its Practicability Settled – 4
Contradictory Rumors – 4-5
Editorial: The Peace Men at Home – 5
The Union League in Albany: A Large and Enthusiastic Meeting at the Capitol – 5
Amusements – 5

[jjotto]

https://mtsu.edu/first-amendment/article/338/ex-parte-vallandigham

…In Ex parte Vallandigham, 68 U.S. 243 (1863), the Supreme Court decided that it had no jurisdiction to hear appeals from a military commission that had sentenced a gubernatorial candidate to life in prison for an inflammatory speech, thus missing an opportunity to set an important precedent on behalf of freedom of speech…

[The Court reversed itself after the War]

https://www.oyez.org/cases/1850-1900/71us2

…Writing for the Court, Justice David Davis held that trials of civilians by presidentially created military commissions are unconstitutional. Specifically, it is unconstitutional to try civilians by military tribunals unless there is no civilian court available. The military commission therefore did not have jurisdiction to try and sentence Milligan, and he was entitled to discharge…

[Homer_J_Simpson]

The Court reversed itself after the War

Good thing. Many administrations would eagerly count on military commissions to help with their political problems.