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STATEMENT

OF MAJOR GENERAL BURNSIDE, IN THE VALLANDIGHAM CASE, IN ANSWER TO THE PRISONER'S APPLICATION

FOR THE WRIT OF HABEAS CORPUS.

HEADQUARTERS DEPARTMENT OF THE OHIO,
Cincinnati, O., May 11, 1863.

To the Honorable the Circuit Court of the United States within and for the
Southern District of Ohio:

The undersigned, commanding the Department of the Ohio, having received notice from the Clerk of said Court, that an application for the allowance of a writ of habeas corpus will be made this morning before your Honor, on behalf of Clement L. Vallandigham, now a prisoner in my custody, asks leave to submit to the Court the following Statement:

If I were to indulge in wholesale criticisms of the policy of the Government, it would demoralize the army under my command, and every friend of his country would call me a traitor. If the officers or soldiers were to indulge in such criticisms, it would weaken the army to the extent of their influence; and if this criticism were universal in the army, it would cause it to be broken to pieces, the Government to be divided, our homes to be invaded, and anarchy to reign. My duty to my Government forbids me to indulge in such criticisms; officers and soldiers are not allowed so to indulge, and this course will be sustained by all honest men. Now I will go further. We are in a state of civil war. One of the States of this Department is at this moment invaded, and three others have been threatened. I command the Department, and it is my duty to my country and to this army, to keep it in the best possible condition; to see that it is fed, clad, armed, and, as far as possible, to see that it is encouraged. If it is my duty and the duty of the troops to avoid saying anything that would weaken the army, by preventing a single recruit from joining the ranks, by bringing the laws of Congress into disrepute, or by causing dissatisfaction in the ranks, it is equally the duty of every citizen in the Department to avoid the same evil. If it is my duty to prevent the propagation of this evil in the army, or in a portion of my Department, it is equally my duty in all portions of it; and it is my duty to use all the force in my power to stop it. If I were to find a man from the enemy's country distributing in my camps speeches of their public men, that tended to demoralize the troops, or to destroy their

confidence in the constituted authorities of the Government, I would have him tried, and hung, if found guilty, and all the rules of modern warfare would sustain me. Why should such speeches from our own public men be allowed? The press and public men, in a great emergency like the present, should avoid the use of party epithets and bitter invectives, and discourage the organization of secret political societies, which are always undignified and disgraceful to a free people, but which now are absolutely wrong and injurious;-creating dissensions and discord, which just now amount to treason. The simple names "Patriot" and "Traitor are comprehensive enough. As I before said, we are in a state of civil war, and an emergency is upon us which requires the operations of some power, that moves more quickly than the civil. There never was a war carried on successfully without the exercise of that power. It is said that the speeches which are condemned have been made in the presence of large bodies of citizens, who, if they thought them wrong, would have then and there condemned them. That is no argument. These citizens do not realize the effect upon the armies of our country, who are its defenders. They have never been in the field; never faced the enemies of their country; never undergone the privations of our soldiers in the field: and, besides, they have been in the habit of hearing their public men speak, and, as a general thing, of approving of what they say. Therefore, the greater responsibility rests upon the public men and upon the public press, and it behooves them to be careful as to what they say. They must not use license and plead that they are exercising liberty. In this Department, it cannot be done. I shall use all the power I have to break down such license, and I am sure I will be sustained in this course by all honest men. At all events, I will have the consciousness, before God, of having done my duty to my country; and when I am swerved from the performance of that duty by any pressure, public or private, or by any prejudice, I will no longer be a man or a patriot. I again assert, that every power I possess on earth, or that is given me from above, will be used in defence of my Government, on all occasions, at all times, and in all places within this Department. There is no party-no community— no State Government-no State Legislative body-no corporation or body of men that have the power to inaugurate a war policy that has the validity of law and power, but the constituted authorities of the Government of the United States; and I am determined to support their policy. If the people do not approve that policy, they can change the constitutional authorities of that Government at the proper time and by the proper method. Let them freely discuss the policy in a proper tone; but my duty requires me to stop license and intemperate discussion, which tend to weaken the authority of the Government and army. Whilst the latter is in the presence of the enemy, it is cowardly so to weaken it. This license could not be used in our campsthe man would be torn in pieces who would attempt it. There is no fear of

the people losing their liberties; we all know that to be the cry of demagogues, and none but the ignorant will listen to it. All intelligent men. know that our people are too for advanced in the scale of religion, civilization, education and freedom to allow any power on earth to interfere with their liberties; but the same advancement in these great characteristics of our people teaches them to make all necessary sacrifices for their country when an emergency requires. They will support the constituted authorities of the Government, whether they agree with them or not. Indeed, the army itself is a part of the people, and is so thoroughly educated in the love of civil liberty, which is the best guarantee for the permanence of our republican institutions, that it would itself be the first to oppose any attempt to continue the exercise of military authority after the establishment of peace by the overthrow of the rebellion. No man on earth can lead our citizen soldiery to the establishment of a military despotism, and no man living would have the folly to attempt it. To do so, would be to seal his own doom. On this point, there can be no ground for apprehension on the part of the people. It is said that we can have peace if we lay down our arms. All sensible men know this to be untrue. Were it so, ought we to be so cowardly as to lay them down until the authority of the Government is acknowledged? I beg to call upon the fathers, mothers, brothers, sisters, sons, daughters, relatives, friends and neighbors of the soldiers in the field to aid me in stopping this license and intemperate discussion, which is discouraging our armies, weakening the hands of the Government, and thereby strengthening the enemy. If we use our honest efforts, God will bless us with a glorious peace and a united country. Men of every shade of opinion have the same vital interest in the suppression of this rebellion; for, should we fail in the task, the dread horrors of a ruined and distracted nation will fall alike on all, whether patriots or traitors. These are substantially my reasons for issuing "General Order No. 38," my reasons for the determination to enforce it, and also my reasons for the arrest of Hon. C. L. Vallandigham, for a supposed violation of that Order, for which he has been tried. The result of that trial is now in my hands. In enforcing this Order, I can be unanimously sustained by the people, or I can be opposed by factious, bad men. In the former event, quietness will prevail; in the latter event, the responsibility and retribution will attach to the men who resist the authority, and the neighborhoods that allow it.

All of which is respectfully submitted.

A. E. BURNSIDE,*

Major General Commanding Department of the Ohio.

ROSTER OF THE NINTH CORPS.

CORPS COMMANDERS.

AMBROSE E. BURNSIDE: Brevet Second Lieutenant, 2d Artillery, U. S. A., July 1, 1847; Second Lieutenant, 3d Artillery, Sept. 8, 1847; First Lieutenant, Nov., 1851; resigned Nov. 1,1853; Colonel 1st Rhode Island infantry (mustered into service) May 2, 1861; Brigadier General of Volunteers Aug. 6, 1861: Major General of Volunteers, Mar. 18, 1862; resigned April 15, 1865; Governor of Rhode Island May 29, 1866.

JESSE L. RENO: Brevet Second Lieutenant, ordnance department, U. S. A., July 1, 1846; Second Lieutenant Mar. 3, 1847; brevet First Lieutenant, Apr. 18, 1847; brevet Captain, Sept. 13, 1847; First Lieutenant, Mar. 3, 1853; Captain, July 1, 1860; Brigadier General Vols., Nov. 12, 1861; Major General Vols., Apr. 26, 1862; killed at South Mountain, Sept. 14,

1862.

JACOB D. COX: Brigadier General Vols., May 7, 1861; Major General Vols., Dec. 7, 1864; resigned Jan. 1, 1866; Governor of Ohio, Jan., 1866. ORLANDO B. WILLCOX: Second Lieutenant 4th Artillery, U. S. A., July 1, 1847; First Lieutenant Apr. 30, 1850; resigned Sept. 10, 1857; Colonel 1st Michigan infantry, (mustered into service) May 1, 1861; wounded and taken prisoner at Bull Run, July 21, 1861; released Aug, 1862; Brigadier General Vols., July 21, 1861; brevet Major General Vols., Aug. 1, 1864; mustered out, Jan. 15, 1866.

JOHN SEDGWICK: Second Lieutenant 2d Artillery, U. S. A. July 1, 1837; First Lieutenant Apr. 19, 1839; brevet Captain, Aug. 20, 1847; brevet Major, Sept 13, 1847; Captain, Jan. 29, 1849; Major 1st Cavalry, Mar. 8, 1855; Lieutenant Colonel 2d Cavalry, Mar. 16, 1861; Colonel 4th Cavalry, Apr. 25, 1861; Brigadier General Vols., Aug. 13, 1861; brevet Brigadier General, U. S. A., May 31, 1862; Major General Vols. July 4, 1862; killed at Spottsylvania May 9, 1864.

WILLIAM F. SMITH: Brevet Second Lieutenant, topographical Engineers, U. S. A., July 1, 1845; Second Lieutenant, July 14, 1849; Captain, July 1, 1859; Brigadier General Vols., Aug. 13, 1861; Major, Mar. 3, 1863; Major General Vols., Mar. 9, 1864; Mustered out Jan. 15, 1866; brevet Lieut. Colonel, brevet Colonel, brevet Brigadier General, U. S. A., Mar. 13, 1865.

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JOHN G. PARKE: Second Lieutenant, topographical Engineers, U. S. A., July 1, 1849; First Lieutenant, July 1, 1856; Captain, Sept. 9, 1861; Brigadier General Vols., Nov. 23, 1861; Major General Vols., July 18, 1862; Major of Engineers, June 17, 1864; brevet Lieutenant Colonel, April 26, 1862; brevet Colonel, July 12, 1863; brevet Brigadier General, Mar. 13, 1865; brevet Major General, U. S. A., Mar. 13, 1865; mustered out Major General Vols., Jan'y 15, 1866.

ROBERT B. POTTER: Major 51st New York infantry Oct. 14, 1861; Lieutenant Colonel Oct. 29, 1861; Colonel, Sept. 10, 1862; Brigadier General Vols. Mar. 13, 1863; brevet Major General Vols. Aug. 1, 1864; Major General Vols. Sept. 29, 1865. Mustered out Jan. 15, 1866.

ASSISTANT ADJUTANTS GENERAL.

LEWIS RICHMOND: Captain, Assistant Adjutant General Vols., Sept. 13, 1861; Major, Apr. 28, 1862; Lieutenant Colonel, July 22, 1862; brevet Colonel, Aug. 1, 1864; brevet Brigadier General, Mar. 13 1865.

WILLIAM P. ANDERSON: Second Lieutenant 5th infantry, U. S. A., Aug. 5, 1861; First Lieutenant, Sept. 25, 1861; Captain Assistant Adjutant General, Sept. 15, 1862; resigned Mar. 18, 1864; brevet Major, Mar. 15, 1865.

EDWARD M. NEILL: Major, Assistant Adjutant General Vols., Mar. 11, 1863; resigned, Oct. 22, 1864: brevet Lieutenant Colonel, Aug. 1, 1864; brevet Colonel, Mar. 13, 1865.

GUSTAVUS M. BASCOM: Captain, Assistant Adjutant General Vols. Aug. 20, 1861; Major, Oct. 7, 1862; brevet Lieutenant Colonel; brevet Colonel, Nov. 4, 1865. With Gen. Cox.

ROBERT A. HUTCHINS: Captain, Assistant Adjutant General Vols. Sept. 7, 1862; wounded in the Wilderness May 6, 1864; brevet Major, Aug. 1, 1864. With Gen. Willcox.

DANIEL R. LARNED: Private Secretary to Gen. Burnside, Dec. 1, 1861; Captain, Assistant Adjutant General Vols., Mar. 13, 1863. brevet Major, Aug. 1, 1864; brevet Lieutenant Colonel, Mar. 13, 1865.

PHILIP M. LYDIG: Captain, Assistant Adjutant General Vols., Jan. 9, 1862; Major, Mar. 18, 1864; brevet Lieutenant Colonel, Dec. 2, 1864; brevet Colonel.

JOHN C. YOUNGMAN: Captain, Assistant Adjutant General Vols., July 25, 1864; brevet Major.

CHARLES E. MALLAM: Captain, Assistant Adjutant General Vols., Nov. 25, 1864; brevet Major.

NICOLAS BOWEN: Second Lieutenant, topographical Engineers, U. S. A., July 1, 1860; First Lieutenant, Aug. 6, 1861; Captain, Mar. 3, 1863; Lieutenant Colonel Vols., Jan. 23, 1863; brevet Major, brevet Colonel. With Gen. Potter.

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