trial and punishment
by courts-martial or military commission." [Footnote: Messages and
Papers of the Presidents, vol. vi. p. 98. See also Order No. 42 of
General Burbridge, commanding District of Kentucky. Official
Records, vol. xxxix. pt. ii. p. 27.]

Burnside's order was in strict accordance with this authority, and
he had no ultimate responsibility for the policy thus proclaimed. He
was simply reiterating and carrying out in his department the
declared purpose of the administration. Even in the matter of
newspaper publications, his predecessor, General Wright, had felt
obliged, upon Bragg and Kirby Smith's invasion of Kentucky, to put a
stop to treasonable editorials and to the publication of military
information likely to benefit the enemy. He issued a circular on
September 13, 1862, notifying the publishers of the Cincinnati
papers that the repetition of such offence would be immediately
followed by the suppression of the paper and the arrest and
confinement of the proprietors and writers. [Footnote: Official
Records, vol. xvi. pt. ii. p. 514. See a characteristic letter by
Sherman on this subject, _Id_., vol. xxxi. pt. i. p. 765: "Now I am
again in authority over you, and you must heed my advice. Freedom of
speech and freedom of the press, precious relics of former history,
must not be construed too largely. You must print nothing that
prejudices government or excites envy, hatred, and malice in a
community. Persons in office or out of office must not be flattered
or abused. Don't publish an account of any skirmish, battle, or
movement of an army, unless the name of the writer is given in full
and printed. I wish you success; but my first duty is to maintain
'order and harmony.'" (To editors of "Memphis Bulletin.")] It is
necessary to keep these facts in mind if we would judge fairly of
Burnside's responsibility when it was his fortune to apply the rule
to a case attracting great public attention.

CHAPTER XXII

THE VALLANDIGHAM CASE--THE HOLMES COUNTY WAR

Clement L. Vallandigham--His opposition to the war--His theory of
reconstruction--His Mount Vernon speech--His arrest--Sent before the
military commission--General Potter its president--Counsel for the
prisoner--The line of defence--The judgment--Habeas Corpus
proceedings--Circuit Court of the United States--Judge Leavitt
denies the release--Commutation by the President--Sent beyond the
lines--Conduct of Confederate authorities--Vallandigham in