To avoid the appearance
of waiving the question of jurisdiction, his counsel did not appear,
though offered the opportunity to do so, and Mr. Vallandigham
cross-examined the witnesses himself, and called those who testified
for him. The question of fact raised by him was that he had not
advised forcible resistance to the government, but had urged action
at the elections by defeating the party in power at the polls. That
he did not in terms advocate insurrection was admitted by the judge
advocate of the court, but the commission were persuaded that the
effect of his speech was intended and well calculated to be
incendiary, and to arouse any kind of outbreak in sympathy with the
armed enemies of the country. The trial ended on the 7th of May, but
the judgment was not promulgated till the 16th, proceedings in
_habeas corpus_ having intervened. The finding of the court was that
the prisoner was guilty, as charged, and the sentence was close
confinement in Fort Warren, Boston harbor, during the continuance of
the war.
On the 9th of May Mr. Pugh made application to the United States
Circuit Court, Judge Leavitt sitting, for a writ of _habeas corpus_
directed to General Burnside, in order that the lawfulness of Mr.
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