This case arose on the petition of Clement L. Vallandigham for a certiorari, to be directed to the Judge Advocate General of the Army of the United States, to send up to the Court, for its review, the proceedings of a military commission, by which Vallandigham had been tried and sentenced to imprisonment.
Holding
The Supreme Court of the United States has no power to review by certiorari the proceedings of a military commission ordered by a general officer of the United States Army, commanding a military department.
Court membership
Chief Justice
Roger B. Taney
Associate Justices
James M. Wayne · John Catron Samuel Nelson · Robert C. Grier Nathan Clifford · Noah H. Swayne Samuel F. Miller · David Davis Stephen J. Field
Case opinions
Majority
Wayne, joined by Taney, Catron, Clifford, Swayne, Davis
Concurrence
Nelson joined by Grier, Field
Miller took no part in the consideration or decision of the case.
Laws applied
U.S. Const., Judiciary Act of 1789
Ex parte Vallandigham, 68 U.S. (1 Wall.) 243 (1864), is a United States Supreme Court case, involving a former congressman Clement Vallandigham of Ohio, who had violated an Army order against the public expression of sympathy for the Confederate States and their cause. Vallandigham was tried before a military tribunal by Major General Ambrose E. Burnside for treason after he delivered an incendiary speech at Mount Vernon; he then appealed the tribunal's verdict to the Supreme Court, arguing that he as a civilian could not be tried before a military tribunal.
In February 1864, the Supreme Court avoided ruling on the question by instead unanimously holding that they could not take appeals from military tribunals at all.
and 18 Related for: Ex parte Vallandigham information
ExparteVallandigham, 68 U.S. (1 Wall.) 243 (1864), is a United States Supreme Court case, involving a former congressman Clement Vallandigham of Ohio...
ordered him exiled to the Confederacy. Vallandigham's petition to the U.S. Supreme Court, known as ExparteVallandigham, was denied. The next test began with...
(1842), United States v. Rogers (1846), Ableman v. Booth (1858), ExparteVallandigham (1861), and United States v. Jackalow (1862). Like its predecessor...
habeas corpus to a military commission (ExparteVallandigham, 1 Wallace, 243). Lincoln, who considered Vallandigham a "wily agitator," was wary of making...
U.S. 346 (1795) United States v. Mitchell I, 2 U.S. 348 (1795) ExparteVallandigham, 68 U.S. 24 (1864) Graber 2023a, pp. 24–40. Graber 2023a, pp. 44–51...
military service. He crafted the argument to the Supreme Court in ExParteVallandigham, By the time he joined the Army, he believed that the only means...
order is said to have been in response to Taney's Circuit Judge ruling in Exparte Merryman, which found Lincoln's suspension of the writ of habeas corpus...
civil courts were functioning were unconstitutional, with its decision in Exparte Milligan (1866). Military commissions were also used in the Philippines...
Thomas H. Seymour. Pendleton, a close associate of the Copperhead Clement Vallandigham, balanced the ticket, since he was known for having strongly opposed...
commission subsequently sentenced Vallandigham to imprisonment until the end of the war, but Lincoln intervened to have Vallandigham released into Confederate...
of the war they had been dominated by the Copperheads, led by Clement Vallandigham. The Copperheads declared the war to be a failure and favored an immediate...
seats in the House of Representatives. Schenck's rival, Democrat Clement Vallandigham, was well known among Republicans for his Copperhead politics, and disliked...
National Union nominee John Brough defeated Democratic nominee Clement Vallandigham with 60.61% of the vote. The campaign was dominated by Vallandingham's...
rest. No sooner had he left the hall than former representative Clement Vallandigham, a member of the Ohio delegation and one-time ally of Seymour, rose and...
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