Vallandigham's arrest and trial might be tested. The court directed
notice of the application to be given to the general, and set the
11th for the hearing. The case was elaborately argued by Mr. Pugh
for the prisoner, and by Mr. Aaron F. Perry and the District
Attorney Flamen Ball for General Burnside. The hearing occupied
several days, and the judgment of the court was given on the morning
of the 16th. Judge Leavitt refused the writ on the ground that,
civil war being flagrant in the land, and Ohio being under the
military command of General Burnside by appointment of the
President, the acts and offences described in General Order No. 38
were cognizable by the military authorities under the powers of war.
General Burnside had awaited the action of the court, and now
promulgated the sentence under the judgment of the military
commission. Three days later (May 19th) the President commuted the
sentence by directing that Mr. Vallandigham be sent "under secure
guard, to the headquarters of General Rosecrans, to be put by him
beyond our military lines, and that in case of his return within our
line, he be arrested and kept in close custody for the term
specified in his sentence.
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