COLUMBIANA COUNTY OHIO - HISTORY PART 5 (published 1898)
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HISTORICAL COLLECTIONS OF OHIO, By Henry Howe, LL.D., 1898

        Mr. Vallandigham was arraigned before a court presided over by Gen
R.R. Potter, who, finding him guilty on some of the specifications,
sentenced him to close confinement during the war, and Fort Warren, in
Boston harbor, was designated. Mr. Lincoln changed this to his conveyance,
through our military lines into the Southern Confederacy, and in the event
of his return that the original sentence of imprisonment be carried out.
Judge Leavitt, of the United States District Court, was applied to for a
writ of habeas corpus to take the prisoner out of the hands of the
military. The application was ably argued by Hon. Geo. E. Pugh and Hon.
Aaron F. Perry and the United States District Attorney, Hon. Flamen Ball,
in behalf of Gen. Burnside. Judge Leavitt briefly took the case under
advisement and denied the writ, in a calm and carefully considered opinion.
The Democratic party bitterly assailed this decision, and some of the
points of the learned judge were, after the war, decided adversely by the
Supreme Court of the United States in the case of the Indiana conspirators.
The sentence for Mr. Vallandigham's conveyance under military escort to
within the lines of the Confederacy was then carried Out.
        The widely known Ohio journalist, Mr. W.S. Furay, now (1888) of
Columbus, was then correspondent of the Cincinnati Gazette, and in
Murfreesboro on the arrival of Mr. Vallandigham. He was with the party who
took him into the Southern lines. His account, as written at the time, here
follows.
        Amongst the transaction which during the war it has been my fortune
to witness I shall not soon forget the conveyance of the Hon. Mr.
Vallandigham beyond the lines of our army and his delivery into the hands
of the rebels; which I consider an event fraught with the greatest interest
to the patriot, giving evidence as it does of a final determination on the
part of the government to save the nation at all hazards; the first
distinct assertion of its right to protect itself against the insinuating
and cowardly copperheadism of the North, more dangerous and malignant that
the open and armed treason of the South.

        VALLANDIGHAM AT MURFREESBORO. -It was about ten o'clock on Sunday
night (May 24) that the somewhat suppressed whistle of a locomotive
announced that an extra train with Mr. Vallandigham on board had arrived.
He had been sent from Cincinnati in charge of Capt.. Murray with the squad
of the Thirteenth regular infantry. He was at once taken in custody by
Major Wiles, provost marshal-general of the department, in accordance with
an order from headquarters to take him to a point near our outposts, keep
him there until morning, and then under cover of a flag of truce to pass
him within the lines of the enemy.
        None save those immediately surrounding Gen. Rosecrans knew of his
arrival. Had it been known through the camp all sense of discipline and
restraint would have been lost, and a crowd of ten thousand men would have
instantly collected around the provost marshals, swayed by the wildest and
most ungovernable excitement which could have found no vent but in slaying
him on the spot. So intense and burning is their hatred for the man who by
every speech made in and out of Congress the last two years had tended to
encourage the rebels, to render more difficult and dangerous the task of
their subjugation, and to put far off the happy period when in the midst of
peace the soldiers may return to home and friends.
        STARTS FOR DIXIE. -It was two o'clock in the morning when
Vallandigham stepped into a spring wagon and started for that Dixie, which,
notwithstanding it was now night, began to loom up most distinctly before
him. Not one of those who accompanied Mr. Vallandigham that night will ever
forget it.
        Col. McKibben, senior aid to Rosecrans, assisted by Lieut. Col.
Ducat had the general charge. Col. McKibben had once sat in Congress with
this same Vallandigham, and although differing in many points they had
fought together against the iniquity of Buchanan's administration. When
taking his seat in the wagon the prisoner remarked "Colonel, this is worse
than Lecompton!" This was true in a deeper sense that he intended it, for
the offense against the nation for which he was to be punished was much
worse than the infamous attempt of Buchanan to fasten negro slavery upon
the outraged inhabitants of Kansas.
        The prisoner himself was in charge of Major Wiles, the able provost
marshal-general of the department, efficiently assisted by Capt. Goodwin of
the Thirty-seventh Indiana.
        Capt. Doolittle and Lieut. Kelley of the Fourth regular cavalry
commanded the two companies of cavalry forming the escort of Gen.
Rosecrans, but which, for this occasion, were the escort of Vallandigham. A
second small wagon, with a trunk and some other baggage, followed the
vehicle containing the prisoner. Major Wiles and Capt. Goodwin rode in the
wagon, Col. McKibben and Col. Ducat preceded, and the escort followed. Your
correspondent, who was kindly permitted to form one of the party, went
loosely and ad libitum.
        THE PROCESSION ON THE WAY. -Such was the remarkable procession
which at this silent hour passed along the streets of Murfreesboro, through
the quiet and slumbering camps, and down the Shelbyville turnpike towards
rebellious Dixie. Guard after guard, picket after picket, sentinel after
sentinel, was passed, the magic countersign opening the gages in the walls
of living men which, circle behind circle, surrounded the town of 
Murfreesboro.
        The men on guard stood looking in silent wonder at the unwonted
spectacle, little thinking that they were gazing on the great copperhead on
his way through the lines. Stone river was passed, and several miles
traversed when your correspondent began to wonder where the mythical
"front" so often spoken of might be.
        AN HOUR'S REST. -Just as the first faint dawn appeared in the east
the party stopped at the house of Mr. Butler, in order to wait for
daylight; for we were now near our outposts. The family stared about them
in great surprise when they were wakened up, but made haste to provide
whatever conveniences they could for enabling the party to take an hour's
repose.
        Here, for the first time, I was introduced to Vallandigham, and as
none of us felt like sleeping we commenced what to me was an extremely
interesting and profitable conversation. Mr. Vallandigham talked with
entire freedom; told me with the greatest apparent frankness his views of
the policy of the administration; discussed dispassionately the
circumstances of his arrest and trial, and stated clearly what he supposed
would be the ultimate results of his punishment. He manifested no
bitterness of feeling whatever, seemed inclined to do full justice to the
government in reference to its dealings with himself, and spoke very
respectfully of Gen. Burnside. In spite of my fixed opinion of the bad and
dangerous character of the man I could not but entertain for him a
sentiment of personal respect which I had never felt before.
        AN APT QUOTATION. -After an hour passed in conversationt here was
an effort made to obtain a little sleep, and Mr. Vallandigham himself had
just fallen into a doze when Col. McKibben waked him, informing him that it
was daylight and time to move. Some poetical remark having been made about
the morning, Mr. Vallandigham raised himself up on his elbow and said,
dramatically:
                "Night candles are burnt out, and jocund day stands tip-toe
on misty mountain tops."

        He had evidently forgotten the remaining line of the quotation, but
it seemed so applicable to his own case, in view of the wrathful feelings
of the soldiers towards him, that I could not forbear adding aloud,
                        "I must be gone and live, or stay and die."

        I indulge in no vanity when I say that the extreme appositeness of
the quotation startled every one that heard it, including Mr. Vallandigham
himself.
        AGAIN UPON THE MARCH. -The cavalcade again set forth, and just as
the first rays of sun tinged with gold the trees upon the western hills, we
reached our remotest outposts. Major Wiles, and Col. McKibben now went
forward with a flag of truce toward the enemy's videttes, who could be
plainly seen stationed in the road, not more than half a mile off. The rest
of the party halted, and Col. Ducat, Capt. Goodwin, Lieut. Kelly, Mr.
Vallandigham and myself took breakfast at the house of a Mr. Alexander,
just on the boundary line between the United States and Dixie. After all
were seated at the table Co. Ducat informed Mrs. Alexander, who presided,
that one of the gentlemen before her, pointing him out, was Mr. Vallandigham.
        Immediately the woman turned all sorts of colors, and exclaimed,
"Can it be possible? Mr. Vallandigham! Why I was reading only last night of
your wonderful doings! I must introduce you to the old man, shure!"
        The "old man" is understood to be much more than half "Secesh," and
he and not a remarkably handsome daughter united in giving the prisoner a
warm welcome.
        VALLANDIGHAM IN DIXIE. -After breakfast was over, and while waiting
for the return of the flag of truce, I had another long and interesting
conversation with Mr. Vallandigham, which I shall again have occasion to
refer to.
        The flag at length returned, and Col. Webb of the Fifty-first
Alabama having signified his willingness to receive the prisoner, Major
Wiles and Capt. Goodwin alone accompanied him a short distance within the
rebel lines and handed him over to a single private soldier sent to take
him in charge.
        By nine o'clock the whole matter was over and the party mounting
their horses galloped back upon the now heated and husky turnpike to
Murfreesboro.
        The bearing of Mr. Vallandigham throughout the whole affair was
modest, sensible and dignified, and so far as the man could be separated
from his pernicious principles won him respect and friends.
        In conversation with your correspondent he candidly admitted that
the dealings of the government with himself were necessary and justifiable
if the Union was to be restored by war. He admitted that in that case the
government would be obliged to use all the physical force of the loyal
States and could tolerate no opposition. This, however, he declared would
be at the expense of the free principles of the constitution; whereas he
thought by the adoption of his plan, not only might these principles be
conserved, but the Union of the States ultimately restored.
        The life of Mr. Vallandigham by his brother, Rev. James L.
Vallandigham, gives some interesting items. His interview with Gen.
Rosecrans lasted about four hours. At first Rosecrans was disposed to
lecture him for his opposition to the war and concluded by remarking, "Why,
sir, do you know that unless I protect you with a guard, my soldiers will
tear you in pieces in an instant?" To this Mr. Vallandigham in substance
replied, "That sir, is because they are just as prejudices and ignorant of
my character and career as yourself; but, General I have a proposition to
make. Draw your soldiers up in a hollow square tomorrow morning and
announce to them that Vallandigham desires to vindicate himself, and I will
guarantee that when they have heard me through they will be more willing to
tear Lincoln and yourself to pieces that they will Vallandigham." The
General shook his head, saying, "he had too much regard for the life of his
prisoner to try it." The genial manner of this prisoner won upon him, and
when he arose to go he put his hand on Mr. V.'s shoulder and said to Col.
McKibben, of his staff, "He don't look a bit like a traitor, now does he,
Joe?" and on parting shook him warmly by the hand.
        When he was left in charge of the Confederate sentinel, hours
elapsed before word could be sent and returned from Gen. Bragg, whose
headquarters at Shelbyville were some sixteen miles away. "They were
hours," said Mr. Vallandigham, "of solitude, but calmly spent -the bright
sun shining in the clear sky above me, and faith in God and the future
burning in my heart." He was kindly received by General Bragg in
Shelbyville, where he remained a week, mostly in seclusion, and then was
directed to report on parole to General Whiting at Wilmington, from which
place he took, on the 17th of June, a blockade-runner to Nassau and thence
by steamer to Canada, where he arrived early in July and awaited events.
The Ohio Democratic Convention which had met in June at Columbus had by
acclamation nominated him for Governor.
        The banishment of Vallandigham and sentence by court martial
created a profound sensation throughout the country, and a large Democratic
meeting held at Albany, presided over the Erastus Corning, passed a series
of resolutions condemnatory of the "system of arbitrary arrests," and
asking President Lincoln to "reverse the action of the military tribunal
which has passed a cruel and unusual punishment upon the party arrested,
prohibited in terms by the Constitution, and restore him to the liberty of
which he had been deprived.
        To this request Mr. Lincoln made a full, rank reply, putting in it
some of his characteristic, homely touches of humor, for instance saying;
"I can no more be persuaded that the government can constitutionally take
no strong measures in time of rebellion, because it can be shown that the
same could not be lawfully taken in time of peace, than I can be persuaded
that a particular drug is not good medicine for a sick man because it can
be shown not to be good food for a well one." He closed by stating that
when he felt that the public safety would no suffer thereby he should with
great pleasure accede to their request.
        The Ohio Democratic Convention, which met in June in Columbus,
after nominating Mr. Vallandigham for Governor, passed resolutions strongly
condemning his banishment as a palpable violation of four specified
provisions of the Federal Constitution, and appointed a committee, largely
ex-Congressman, to go to Washington and intercede for his release. This
committee, as will be seen by their names appended, were gentlemen of high
character, a majority of whom are yet living, though some quite aged and
feeble; Mathias Burchard, formerly a Judge of the Supreme Court; George
Bliss, member of Congress from the Akron District; ex-Governor Thomas W.
Bartley; Hon. W.J. Gordon, of Cleveland, a wealthy retail merchant; Hon.
Jon O'Neil, late President pro tem, of the Ohio Senate; George S. Converse,
of Columbus; Louis Shaefer, of Canton; Abner L. Backus; Congressmen George
H. Pendleton, Chilton A. White, W.P. Noble, Wells A. Hutchins, F.C.
LeBlond, William E. Finck, Alexander Long, J.W. White, J.F. McKinney and
James R. Morris.
        In the correspondence which ensued Mr. Lincoln offered to accede to
their request provided they would agree, as individuals, to certain
specified things in aid of the forcible suppression of the rebellion. To
this they would not agree, regarding the proffer as involving and
imputation upon their sincerity and fidelity as citizens of the United
States, and stating that they had asked for Mr. Vallandigham's release as a
right due the people of Ohio.
        "At this point," says Mr. Greeley in his "History of the American
Conflict," "the argument of this grave question concerning the right in
time of war of those who question the justice or the policy of such war to
denounce its prosecution as mistaken and ruinous, was rested by the
President and his assailants - or rather it was transferred by the latter
to the popular forum where, especially in Ohio, it was continued with
decided frankness, as well as remarkable pertinacity and vehemence. And one
natural consequence of such discussion was to render the Democratic party
more decidedly, openly, palpably anti-war than it had hitherto been."


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