being waged for the preservation of the Union; a war for the purpose of crushing out liberty and erecting a despotism; a war for the freedom of the blacks and the enslavement of the whites; charging that the Government of the United States were about to appoint military marshals in every district to restrain the people of their liberties, to deprive them of their rights and privileges; characterizing General Order No. 38, from Headquarters Department of the Ohio, as · a base usurpation of arbitrary power;' inviting his hearers to resist the same, by saying, the sooner the people inform the minions of usurped power that they will not submit to such restrictions upon their liberties, the better; declaring that he was at all times, and upon all occasions, resolved to do what he could to defeat the attempts now being made to build up a monarchy upon the ruins of our free Government.""

To the above Mr. VALLANDIGHAM refused to plead, and the President of the Court directed the plea of "Not Guilty" to be entered on the record.

The case being thus opened, the Commission devoted two days to examination of witnesses and consideration of questions that arose. It was then announced that the testimony was all in and the case closed. Mr. VALLANDIGHAM thereupon offered the following

X

PROTEST:

Arrested without due "process of law," without warrant from any judicial officer, and now in a military prison, I have been served with a charge and specifications," as in a Court-Martial or Military Commission.

I am not in either "the land or naval forces of the United States, nor in the militia in the actual service of the United States," and therefore am not triable for any cause, by any such Court, but am subject, by the express terms of the Constitution, to arrest only by due process of law, judicial warrant, regularly issued upon affidavit and by some officer or Court of competent jurisdiction for the trial of citizens, and am now entitled to be tried on an indictment or presentment of a Grand Jury of such Court, to speedy and public trial by an impartial jury of the State of Ohio, to be confronted with witnesses against me, to have compulsory process for witnesses in my behalf, the assistance of counsel for my defense, and evidence and argument according to the common laws and the ways of Judicial Courts.

And all these I here demand as my right as a citizen of the United States, and under the Constitution of the United States.

But the alleged "offense" is not known to the Constitution of the United States, nor to any law thereof. It is words spoken to the people of Ohio in an open and public political meeting, lawfully and peaceably assembled, under the Constitution and upon full notice. It is words of criticism of the public policy of the public servants of the people, by which policy it was alleged that the welfare of the country was not promoted. It was an appeal to the people to change that policy, not by force, but by free elections and the ballot box. It is not pretended that I counseled disobedience to the Constitution, or resistance to laws and lawful authority. I never have.

Beyond this protest, I have nothing further to submit.

CINCINNATI, O., May 7, 1863.

No. XXVI.

C. L. VALLANDIGHAM.

APPLICATION FOR WRIT OF HABEAS CORPUS MADE AND REFUSED. On the 9th of May Mr. VALLANDIGHAM, being still held in military custody at the Burnet House, and the decision of the Court-Martial not rendered, an application for a writ of Habeas Corpus was made. The writ was addressed to the Judges of

the Circuit Court of the United States, within and for the Southern District of Ohio." The petition set forth the facts of the case, and closed with praying, on behalf of the petitioner, that "your Honors grant him a writ of Habeas Corpus, directed to said Ambrose E. Burnside and all persons assembled to act in obedience to his orders, commanding him and them forthwith to bring the body of your petitioner before this Court, together with the cause (if any) of his capture and detention. And your petitioner submits hereby to whatsoever the Constitution of the United States in this behalf may require."

The answer of the Court was looked for with the deepest solicitude. It was believed by many that Gen. BURNSIDE would obey the writ and deliver up the prisoner if so ordered by the Court. The case was conducted with great ability. Mr. PUGH's argument for the petitioner was a most thorough and forcible presentation of the legal reasons why the writ should issue. The arguments were closed on Tuesday, May 12th. The Court reserved its decision till Saturday, the 16th, and then refused the application!

No. XXVII. SENTENCE OF THE COURT-MARTIAL.-On the 16th of May, immediately after the refusal of the writ of Habeas Corpus, the sentence of the Military Court was announced. The accused was found "guilty of the charge," and of the most of the specifications, including all those above named. The sentence was then announced, as follows:

"The Commission do therefore sentence him, the said Clement L. Vallandigham, a citizen of the State of Ohio, to be placed in close confinement in some fortress of the United States, to be desiguated by the commanding officer of this Department, there to be kept during the continuance of the war."

To the above the following order was added by command of Gen. BURNSIDE:

The proceedings, finding and sentence in the foregoing case are approved and confirmed, and it is directed that the place of confinement of the prisoner, Clement L. Valiandigham, in accordance with said sentence, be Fort Warren, Boston Harbor."

After the announcement of the above sentence, the prisoner was detained six days in his place of confinement, at the Burnet House, and in the meantime the sentence was changed, by order of President LINCOLN, to transportation beyond the lines.

No. XXVIII. PARTING ADDRESS AND DEPARTURE.-Just before leaving, Mr. VALLANDIGHAM wrote and left for publication the following:

Banished from my native State for no crime save Democratic opinions and free speech to you in their defense, and about to go into exile, not of my own will. but by the compulsion of an arbitrary and tyrannic power which I cannot resist, allow me a parting word. Because despotism and superior force so will it, I go within the Confederate lines. I well understand the purpose of this order. But in vain

the malice of enemies shall thus contrive to give color to the calumnies and misrepresentations of the past two years. They little comprehend the true character of the man with whom they have to deal. No order of banishment, executed by superior force, can release me from my obligations or deprive me of my rights as a citizen of Ohio and of the United States. My allegiance to my own State and Government I shall recognize, wheresoever I may be, as binding in all things, just the same as though I remained upon their soil. Every sentiment and expression of attachment to the Union and devotion to the Constitution-to my countrywhich I have ever cherished or uttered, shall abide unchanged and unretracted till my return. Meantime, I will not doubt that the people of Ohio, cowering not a moment before either the threats or the exercise of arbitrary power, will, in every trial, prove themselves worthy to be called freemen.

C. L. VALLANDIGHAM.

About noon on the day of the above date Mr. VALLANDIGHAM left Cincinnati for the South, in obedience to orders from Washington. When the boat reached Louisville, the Journal of that city gave it a salute-" carrying the biggest gun," said the Journal, "that this Administration ever put on to a boat."

No. XXIX. DELIVERED TO THE REBELS.-At 10 o'clock Sunday evening, May 24th, Mr. VALLANDIGHAM arrived at Murfreesboro', on a special train, direct from Louisville. He was taken immediately to the office of the Provost Marshal General, where he was met by General ROSECRANS and other officers. He remained there, under a strong guard, till two hours after midnight. and was then moved southward in charge of a mounted escort. The Federal outposts were reached about daylight. At sunrise a flag of truce was sent forward and the case stated to the rebel Colonel, who reluctantly, and as the result of an urgent appeal, finally consented to receive the exile. The carriage containing Mr. VALLANDIGHAM Was then driven within the enemy's lines, and he was delivered to the guards, to whom he said, and asked the Federal officers who surrendered him to mark his words :

"I am a citizen of Ohio, and of the United States, still claiming and owing allegiance to both. I am within your lines against my will and by military compulsion, and therefore surrender myself a prisoner of war."

Mr. VALLANDIGHAM repeated the words, that they might be more firmly impressed, then bade adieu to the officers who brought him.

No. XXX. NOMINATED FOR GOVERNOR, AND RETURN DEMANDED.-On the eleventh of June, 1863, Mr. VALLANDIGHAM, being still an involuntary exile, was nominated for Governor of Ohio. Twenty thousand citizens of the State, elected and volunteer delegates, assembled at the Capitol for that purpose. The nomination was unanimous, and the enthusiasm unparalelled.

A committee of NINETEEN was also appointed to proceed to Washington, and respectfully but earnestly request the President to return CLEMENT L. VALLANDIGHAM to his home in Ohio.

Thus stands the "RECORD OF VALLANDIGHAM." Those twenty thousand freemen have returned to their homes, resolved to make his election sure on the second Tuesday in October.