Note 194 — Chapter II · OPPOSITION TO THE WAR WITH GERMANY (continued 2)

J. F. Rhodes, History of the United States, III, 553; IV, 223–253, 267 note, 467, 473; VI, 78, 96. For Lincoln’s refusal to allow General Burnside and his subordinates to suppress the Chicago Times and other newspapers of Copperhead tendencies in Illinois, Indiana, and Ohio, see also Official Record of the Rebellion, Series II, Vol. V, 723, 741; Series III, Vol. III, 252. On number of arrests, Rhodes, IV, 230 note; Lincoln’s Proclamation suspending habeas corpus for “aiders or abettors of the enemy,” 13 Stat, at L. 734.

The case of Ex parte Vallandigham, 1 Wall. (U. S.) 243 (1863), is sometimes supposed to support the unlimited exercise of the war power to restrict speech. See Ambrose Tighe in 3 Minn. L. Rev. 1 (1918). The decision merely holds that the writ of certiorari does not lie to a military tribunal. Nothing is said as to the existence of some other remedy such as habeas corpus, or an action for false imprisonment. Ex parte Vallandigham, 28 Fed. Cas. 874 (1863), lends support to Mr. Tighe. The treatment of Vallandigham is considered illegal by Rhodes, op. cit., IV, 245–252, and would seem so under Ex parte Milligan. On the South, Rhodes, V, 473, is contradicted by Edward A. Pollard, Jefferson Davis, p. 316. As late as May 19, 1864, a resolution was introduced in the Confederate Congress to inquire if legislation was necessary to prevent press disclosures of military information. 4 Journ. C. S. A. Cong., p. 60.