[Footnote: Official
Records, vol. xvi. pt. ii. p. 514. See a characteristic letter by
Sherman on this subject, _Id_., vol. xxxi. pt. i. p. 765: "Now I am
again in authority over you, and you must heed my advice. Freedom of
speech and freedom of the press, precious relics of former history,
must not be construed too largely. You must print nothing that
prejudices government or excites envy, hatred, and malice in a
community. Persons in office or out of office must not be flattered
or abused. Don't publish an account of any skirmish, battle, or
movement of an army, unless the name of the writer is given in full
and printed. I wish you success; but my first duty is to maintain
'order and harmony.'" (To editors of "Memphis Bulletin.")] It is
necessary to keep these facts in mind if we would judge fairly of
Burnside's responsibility when it was his fortune to apply the rule
to a case attracting great public attention.
CHAPTER XXII
THE VALLANDIGHAM CASE--THE HOLMES COUNTY WAR
Clement L. Vallandigham--His opposition to the war--His theory of
reconstruction--His Mount Vernon speech--His arrest--Sent before the
military commission--General Potter its president--Counsel for the
prisoner--The line of defence--The judgment--Habeas Corpus
proceedings--Circuit Court of the United States--Judge Leavitt
denies the release--Commutation by the President--Sent beyond the
lines--Conduct of Confederate authorities--Vallandigham in
Canada--Candidate for Governor--Political results--Martial
law--Principles underlying it--Practical application--The intent to
aid the public enemy--The intent to defeat the draft--Armed
resistance to arrest of deserters, Noble County--To the enrolment in
Holmes County--A real insurrection--Connection of these with
Vallandigham's speeches--The Supreme Court refuses to
interfere--Action in the Milligan case after the war--Judge Davis's
personal views--Knights of the Golden Circle--The Holmes County
outbreak--Its suppression--Letter to Judge Welker.
Pages:
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726