Vallandigham, Ex Parte 1 Wallace 243 (1864)

• Author: Harold M. Hyman
• Pages: 2777

Page 2777

In 1863, soldiers arrested, tried, and found guilty Negrophobic Democratic congressman Clement L. Vallandigham (Ohio) for violating Army orders against public expressions of Confederate sympathies. After returning to this country from banishment in rebel lines, which ABRAHAM LINCOLN had ordered, Vallandigham applied to the Supreme Court for a WRIT OF CERTIORARI to annul the military proceedings. The Court, accepting JURISDICTION, decided, without dissent, that it had no jurisdiction over appeals from military courts. The likelihood of direct clashes between the Court and the COMMANDER-IN-CHIEF thus receded to revive in EX PARTE MILLIGAN (1867).

HAROLD M. HYMAN

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