"Money you have expended without limits, and blood poured out like water. Defeat, debt, taxation, and sepulchers--these are your only trophies."
Sounds like someone commenting on the Iraq war, doesn't it? Except this was written during the Civil War. And during the Civil War, making statements like these got you arrested and banished from the country. Wait just one minute, you say. The First Ammendment and the Constitution — yeah, right. Didn't play in those days and it may not play here soon. Don't believe me? Think about how many morons defend the loss of our liberties saying, "ok, but we are at war...".
President Abraham Lincoln realized early on that his illegal war against the south depended on suppression of all speech critical of it. For if people were free to say they did not want their children, brothers, fathers, uncles, and cousins drafted, mutilated, and slaughtered, the war would become unsustainable. And that's exactly what got Ohio congressman Clement Larid Vallandigham in such trouble: he did nothing more than speak out against the war.
When Lincoln was asked how he could persecute Vallandigham for speaking out against the Civil War, he replied with an analogy:
Long experience has shown that armies cannot be maintained unless desertion shall be punished by the severe penalty of death… Must I shoot a simple-minded soldier boy who deserts, while I must not touch a hair of a wily agitator who induces him to desert? This is none the less injurious when effected by getting a father or brother or friend into a public meeting and there working on his feelings, till he is persuaded to write the soldier boy that he is fighting in a bad cause, for a wicked administration of a contemptible government, too weak to arrest and punish him if he shall desert. I think that in such a case, to silence the agitator and save the boy, is not only constitutional, but withal a great mercy.Abraham Lincoln, Letter to Erastus Corning, 12 June 1863
Suppression of the First Ammendment and freedom of speech rights of Vallandigham was swift, brutal and effective: the United States government banished one of its citizens, forbidding him to set foot on US soil for the duration of the war. Really!
On 13 Apr. 1863, Maj. Gen. Ambrose E. Burnside, Commmander of the Department Of The Ohio, had issued General Order No. 38, forbidding expression of sympathy for the enemy. On 30 Apr. Vallandigham addressed a large audience in Columbus, made derogatory references to the president and the war effort, then hoped that he would be arrested under Burnside's order, thus gaining popular sympathy. Arrested at his home at 2 a.m., 5 May, by a company of troops, he was taken to Burnside's Cincinnati headquarters, tried by a military court 6-7 May, denied a writ of habeas corpus, and sentenced to 2 years' confinement in a military prison. Following a 19 May cabinet meeting, President Lincoln commuted Vallandigham's sentence to banishment to the Confederacy. On 26 May the Ohioan was taken to Confederates south of Murfreesboro, Tenn., and there entered Southern lines. Outraged at his treatment, by a vote of 411 -11 state Democrats nominated Vallandigham for governor at their 11 June convention.
Vallandigham was escorted to Wilmington, N.C., and shipped out to, Bermuda, arriving there 17 June. He traveled to Canada, arrived at Niagara Falls, Ontario, 5 July, and from there and Windsor, Ontario, conducted his campaign for the governorship. Candidate for lieutenant governor George Pugh represented Vallandigham's views at rallies and in the press. Lincoln interested himself in the election, endorsed Republican candidate John Brough, downplayed the illegalities of a civilian's arrest and trial by military authorities, and claimed that a vote for the Democratic contender was "a discredit to the country." In the election of 13 Oct. 1863, Brough defeated Vallandigham 288,000 - 187,000.Civial War Home article on Vallandigham
The famous short story "The Man Without a Country", was written by Edward Everett Hale in 1863 after he learned of Lincoln's persecution of Vallandigham.
When Vallandigham sought relief in the courts, the Supreme Court of the United States refused to hear the case, Ex Parte Vallandigham (68 U.S. 243; 17 L. Ed. 589; 1863 U.S.) on the grounds that civilian courts had no jurisdiction over their military counterparts:
[T]here is no original jurisdiction in the Supreme Court to issue a writ of habeas corpus ad subjiciendum to review or reverse its proceedings, or the writ of certiorari to revise the proceedings of a military commission.Ex Parte Vallandigham (68 U.S. 243; 17 L. Ed. 589; 1863 U.S.)
Yup, the Bush administration argued the same thing about its policy of indefinite incarceration without trial. Plus ça change, plus c'est la meme chose.
But the wrath of Lincoln and the war on free speech wasn't restricted to congressmen opposing the war. Newspapers quickly learned that to speak out against the war was to brutal censorship and oppression.
Suppression of these editors began early in the war. For example, in August of 1861, the Christian Observer was closed by the U.S. marshal in Philadelphia. At the same time, a federal grand jury in New York cited the Journal of Commerce, the Daily News, the Day-Book, the weekly Freeman's Journal, and the Brooklyn Eagle for the "frequent practice of encouraging the rebels now in arms against the Federal Government." This was followed by an order from the Postmaster General forbidding the mailing of these newspapers.
Similarly, other newspapers were forbidden to circulate and sell. General Palmer temporarily prohibited the distribution of the Cincinnati Enquirer and Chicago Times within Kentucky. In New Haven, Connecticut the circulation of the New York Daily News was prohibited. General Burnside took similar action in excluding the New York World from Ohio. This action was taken on the grounds of suspected disloyalty, and was intended as a partial measure for press control.
On February 23, 1863, the Davenport Daily Gazette in Iowa reported that some seventy-five convalescent soldiers from a near-by military hospital entered the office of the Keokuk, IowaConstitution, wrecked the presses and dumped the type out the window. In the spring of 1863, the Crisis and the Marietta, Ohio Republican, a Democratic paper, suffered damages at the hands of a mob of soldiers. The next year a number of other newspapers in the Midwest, including the Mahoning, Ohio Sentinel, Lancaster, Ohio Eagle, Dayton Empire, Fremont Messenger, and the Chester, Illinois Picket Guard experienced similar visitations.
Along with suppression came the arrest of some editors. In October, 1861 the editor of the Marion, Ohio Mirror was arrested on charges of membership in a secret anti-war organization. In Illinois, a number of men were taken into custody including the editors of the Paris Democratic Standard, M. Mehaffey and F. Odell. These men were imprisoned without trial in Fort Lafayette, Fort Delaware or the Old Capital Prison in Washington, D.C. In other Midwestern states those arrested, usually on charges of interfering with enlistment or similar activities, included Dennis Mahoney, editor of the Dubuque Herald, and Dana Sheward, editor of the Fairfield Constitution and Union. In Philadelphia the Evening Journal was suppressed by military order in January, 1863, and Albert D. Boileau, its editor, confined to Fort McHenry for a few days until he wrote an apology and promised to reform.Lincoln and Habeas Corpus by Craig R. Smith
So the next time someone tells you that the Republican party is the party of Lincoln, well, you can agree with them.
Oh, and Vallandigham? Well, his political career was just getting started when he met an untimely end:
Following the Civil War, Vallandigham emerged as a leader of Ohio's Democratic Party. He served as the chairman of the Ohio Democratic Convention in 1865. He also encouraged the Democrats to adopt his "new departure" resolutions. Vallandigham came to believe that the Democratic Party had to support slavery's end and equal rights for African Americans with whites if the party was ever to regain power from the Republicans. His political career ended with his untimely death on June 17, 1871. While preparing the defense of an accused murder, Vallandigham enacted his view of what occurred at the crime scene. Thinking that a pistol that he was using as a prop was unloaded, Vallandigham pointed it at himself and pulled the trigger. The gun discharged, mortally wounding Vallandigham.History of Clement Vallandigham
Sources and Further Reading
- Transcript of Trial
- History of Clement Vallandigham
- Ex Parte Vallandigham
- Lincoln and Habeas Corpus by Craig R. Smith
- History of Clement Laird Vallandigham
"The Constitution as it is, the Union as it was."