HABEAS COEPUS. 



473 



upon the evidence submitted, the merits of 

 Judge Constable's decision not being dis- 

 cussed. 



The action of the President in suspending the 

 writ of habeas corpus had been hitherto taken 

 without direct Congressional sanction. Con- 

 gress, however, by an act approved March 3d, 

 authorized the President, whenever in his 

 judgment the public safety may require, to 

 suspend the privilege of the writ, in any case 

 throughout the United States or any part 

 thereof.- (See page 255.) Under this act the 

 proclamation of September 15th was issued. 

 (See page 485.) 



The arrest, trial, and subsequent banishment 

 of Clement L. Vallandigham, gave rise to 

 more extended comment and excitement than 

 any arrest which had previously been made. 

 The prominence of the person, the manner of 

 the arrest, the startling singularity of the tri- 

 bunal, and the hitherto unknown punishment, 

 tended to awaken and sustain a state of in- 

 tense excitement throughout the country. 



General Burnside, as commander of the De- 

 partment of Ohio, on the 19th of April issued 

 the following order : 



General Order No. 88. 



HEADQCARTEES DEPARTMENT OF THE OHIO, ) 

 CINCINNATI, April 13th, 1863. J 



The commanding general publishes for the informa- 

 tion of all concerned : 



That hereafter all persons found within our lines 

 who commit acts for the benefit of the enemies of our 

 country will be tried as spies or traitors, and, if con- 

 victed, will suffer' death. This order includes the fol- 

 lowing classes of persons : 



Carriers of secret mails. 



Writers of letters sent by secret mails. 



Secret recruiting officers within the lines. 



Persons who have entered into an agreement to pass 

 our lines for the purpose of joining the enemy. 



Persons found concealed within pur lines belonging 

 to the service of the enemy ; and in fact all persons 

 found improperly within our lines who could give pri- 

 vate information to the enemy. 



All persons within our lines who harbor, protect, 

 conceal, feed, clothe, or in any way aid the enemies of 

 our country. 



The habit of declaring sympathies for the enemy 

 will no longer be tolerated in this department. Per- 

 sons committing such offences will be at once arrested, 

 with a view to being tried as above stated or sent be- 

 yond our lines into the lines of their friends. 



It must be distinctly understood that treason, ex- 

 pressed or implied, will not be tolerated in this de- 

 partment. 



All officers and soldiers are strictly charged with 

 the execution of this order. 



By command of Major-General A. E. BDRNSIDE, 



LEWIS RICHMOND, 

 Assistant Adjutant-General. 



Mr. Vallandigham commented upon the con- 

 tents of this order in a speech delivered by 

 him at Mount Vernon, Knox county, Ohio, on 

 the 1st of May, at which meeting some officers 

 of the army were present in citizens' clothes. 

 His remarks at this time led to an order for his 

 arrest by the military authorities, which, we 

 learn from the Cincinnati papers, was effected 

 in the following manner : 



A special train was sent up on the Cincin- 



nati, Hamilton & Dayton railroad, on Monday 

 evening, May 4th, shortly before midnight, with 

 a company of the 115th Ohio regiment, to arrest 

 and bring Mr. Vallandigham to Cincinnati. The 

 train reached Dayton at three o'clock Tuesday 

 morning, and the party at once proceeded to 

 the residence of Mr. Vallandigham and sought 

 admittance. Mr. Vallandigham came to an 

 upper window, and asked their business, and 

 on being informed that they had orders to 

 escort him to this city, he refused to allow 

 them to enter. While at the window, he 

 shouted at the top of his voice, " Asa, Asa, 

 Asa," and about the same time a pistol was 

 fired from an upper side window of his house, 

 to give the alarm that had been agreed upon, 

 it is supposed, to call out his friends. In a very 

 few minutes the fire bells began to toll to 

 arouse his friends. The troops forced their 

 way into the house, and Mr. Vallandigham was 

 given time to make his toilet, when he was 

 hurried to the cars, and they departed for Cin- 

 cinnati before the crowd could assemble. The 

 train reached the city about 6 o'clock Tuesday 

 morning, and the prisoner was at once con- 

 veyed to the military prison on Columbia street, 

 near Sycamore, where he was confined during 

 the day. No one was allowed to see him, 

 although several of his friends applied for the 

 privilege. 



From the same source we also learn that the 

 arrest of so prominent a man gave rise to much 

 discussion and feeling in political circles in that 

 city, while in Dayton, the home of Mr. Vallan- 

 digham, the excitement ran so high as to lead 

 to a popular outbreak, of which this account 

 was telegraphed : 



[Special Despatch to the Cincinnati Gazette.] 



DAYTON, May 5th 9 P.M. 



There has been a good deal of excitement to-day, 

 but no disturbance occurred until after dark. Groups 

 of people have congregated on street corners, dis- 

 cussing the arrest of Mr. Vallandigham, and denounc- 

 ing the manner in which it was done. 



A large number of wagons, with Vallandigham's 

 friends, came into the city to-day from the country 

 and joined in with the crowd. 



At dark a crowd of between five and six hundred 

 men proceeded to the "Journal" office, and com- 

 menced hooting and yelling. Presently some few- 

 bricks and stones were thrown, breaking in the win- 

 dows and doors. 



Soon after several pistols were fired into the build- 

 ing and the torch was applied. The " Journal " office 

 was completely gutted, and the flames spread to the 

 adjoining stores. 



One man in the crowd was severely injured by a 

 brick thrown by a rowdy. The fire spread to the hat 

 store of Leobold, the shoe store of Darrow, Bornsten's 

 segar store, the "Gospel Herald" office, and as far 

 back as S. Wild's livery stables all 9f which were 

 completely destroyed. 



. 10 p. M. A portion of the 115th Ohio regiment, un- 

 der command of Capt. Frazcr, has arrived here from 

 Cincinnati. It is the general impression of all that 

 much blood will be shed before morning. 



11.15 p. M. The "Journal" office has been com- 

 pletely burned to the ground, with other buildings ad- 

 joining. 



The mob seems to have quieted down, and it is 

 thought they will give it up for to-night. 



