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Ex parte Vallandigham
Seal of the United States Supreme Court.svg
Argued January 22, 1864
Decided February 15, 1864
Full case name Ex parte Clement Vallandigham
Citations 68 U.S. 243 (more)
1 Wall. 243; 17 L. Ed. 589; 1863 U.S. LEXIS 456
Prior history This case arose on the petition of Clement L. Vallandigham for a certiorari, to be directed to the Judge Advocate General of the Army of the United States, to send up to the Court, for its review, the proceedings of a military commission, by which Vallandigham had been tried and sentenced to imprisonment.
Holding
The Supreme Court of the United States has no power to review by certiorari the proceedings of a military commission ordered by a general officer of the United States Army, commanding a military department.
Court membership
Case opinions
Majority Wayne, joined by Taney, Catron, Clifford, Swayne, Davis
Concurrence Nelson joined by Grier, Field
Miller took no part in the consideration or decision of the case.
Laws applied
U.S. Const., Judiciary Act of 1789

Ex parte Vallandigham was an important U.S. Supreme Court case from 1864. It involved a former politician named Clement Vallandigham from Ohio. He was arrested during the American Civil War for speaking out against the Union's war efforts.

Vallandigham was tried by a military court, even though he was a civilian. He argued that this was wrong and appealed his case to the Supreme Court. In February 1864, the Supreme Court decided they could not hear appeals from military courts at all. This meant they did not rule on whether a civilian could be tried by a military court.

The Case of Clement Vallandigham

Clement Vallandigham was a well-known member of the United States House of Representatives. He was a leader of a group called the Copperheads in Ohio. This group did not support the Union's fight in the Civil War. They often spoke out against President Abraham Lincoln and the war.

Vallandigham's Arrest

General Ambrose Burnside was in charge of the military area that included Ohio. He issued an order, called General Order Number 38. This order warned people not to show support for the Confederate States.

On May 1, 1863, Vallandigham gave a big speech. He claimed the war was not about saving the country. He said it was about freeing Black people and making white people suffer. He also criticized President Lincoln.

Because of this speech, Vallandigham was arrested on May 5. He was accused of breaking General Burnside's order. His supporters were very angry and even burned down a local newspaper office.

Military Trial and Punishment

Vallandigham was tried by a military court on May 6-7. He was found guilty of "uttering disloyal sentiments." This meant he was speaking against the government and trying to stop the war effort. He was sentenced to two years in a military prison.

A federal judge agreed with the military court's decision. President Lincoln received many requests to release Vallandigham. However, Lincoln refused to undo what General Burnside had done. Lincoln believed that people who encouraged soldiers to desert were just as bad as soldiers who actually deserted.

Later in May, President Lincoln changed Vallandigham's punishment. Instead of prison, he was sent away to the Confederate States. From there, Vallandigham went to Canada.

The Supreme Court's Decision

Vallandigham's lawyers took his case to the Supreme Court. They argued that a military court could not try a civilian like Vallandigham.

In February 1864, the Supreme Court made a unanimous decision. They did not rule on whether military courts could try civilians. Instead, they said that Congress had to give them permission to hear appeals from military courts. Since Congress had not done this, the Supreme Court said they did not have the power to hear Vallandigham's appeal. They dismissed his case because they lacked the proper authority.

After the Civil War ended, the Supreme Court looked at this issue again. This happened in a case called Ex parte Milligan. In that case, the Court decided that military courts could not try civilians if regular civilian courts were open and working. This decision supported the idea that civilians should be tried in civilian courts.

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