Collected Works of Abraham Lincoln. Volume 6 [Dec. 13, 1862-Nov. 3, 1863].

Annotation

[1]   ALS, DLC-Stanton Papers. On May 4, Clement L. Vallandigham had been arrested, on orders of General Burnside. On May 8, Burnside telegraphed in reply to a non-extant telegram from Lincoln, ``Your dispatch just rec'd. I thank you for your kind assurance of support & beg to say that every possible effort will be made on my part to sustain the Govt of the United States in its fullest authority.'' (DLC-RTL). The furor in Ohio and throughout the North over the arrest and ensuing trial was such that Secretary Stanton feared the impact on Union morale if the U.S. district judge should ignore the general proclamation suspending the writ of habeas corpus. On May 13, he therefore prepared an order especially suspending the writ in Vallandigham's case and drafted an accompanying despatch to Burnside. Both documents, unsigned, are

preserved in the Lincoln Papers. On May 19, Stanton ordered Burnside, at the direction of the president, to ``send C. L. Vallandigham under secure guard to the headquarters of General Rosecrans to be put by him beyond our military lines and in case of his return within our lines he be arrested and kept in close custody for the term specified in his sentence.'' (OR, II, V, 657).

[2]   Noah H. Swayne, associate justice of the U.S. Supreme Court from Ohio, who with the U.S. district judges constituted the U.S. Circuit Court for Ohio.

[3]   Humphrey H. Leavitt, judge of the U.S. District Court for Southern Ohio, who later denied the motion for habeas corpus in a decision generally upholding not only Lincoln's power to suspend the writ but also General Burnside's order for the arrest of Vallandigham.