The Birchard Letter (June 29, 1863), was a public letter from United States President Abraham Lincoln to Matthew Birchard and eighteen other Ohio Democrats in which Lincoln defended the administration's treatment of antiwar agitators, and offered to release Clement Vallandigham if a majority of those to whom the letter was addressed would subscribe to three pledges in connection with the prosecution of the American Civil War.
On May 5, 1863, Ohio Democrat Clement Vallandigham was arrested under the authority of General Order Number 38, issued by Union General Ambrose E. Burnside. Controversy erupted over the arrest of a Democratic politician by military authorities.
On June 14, 1863, Ohio Governor David Tod sent a telegram from Columbus, Ohio to Lincoln. Tod stated "Allow me to express the hope that you will treat the Vallandigham Committee about to call upon you with the contempt they richly merit. The Vallandigham faction will be annihilated at our coming election". [1]
On June 25, 1863, Lincoln's Secretary of the Treasury Salmon P. Chase sent him a note advising him that a delegation from Ohio was in Washington. Chase advised Lincoln "that what is said by them or replied to them should be only in writing". Lincoln met with the delegation the same day. [2]
On June 29, Lincoln replied to Birchard in writing. Lincoln wrote "I certainly do not know that Mr. V. has specifically, and by direct language, advised against enlistments, and in favor of desertion, and resistance to drafting. We all know that combinations, armed in some instances, to resist the arrest of deserters, began several months ago; that more recently the like has appeared in resistance to the enrolment preparatory to a draft; and that quite a number of assassinations have occurred from the same animus. These had to be met by military force, and this again has led to bloodshed and death. And now under a sense of responsibility more weighty and enduring than any which is merely official, I solemnly declare my belief that this hindrance, of the military, including maiming and murder, is due to the course in which Mr. V. has been engaged, in a greater degree than to any other cause; and is due to him personally, in a greater degree than to any other one man." [3] There was draft resistance in Ohio and other states of the Union.
The three pledges Lincoln asked for in exchange for a revocation of his deportation order of Vallandigham to the confederacy were:
1. That there is now a rebellion in the United States, the object and tendency of which is to destroy the national Union; and that in your opinion, an army and navy are constitutional means for suppressing that rebellion.
2. That no one of you will do any thing which in his own judgment, will tend to hinder the increase, or favor the decrease, or lessen the efficiency of the army or navy, while engaged in the effort to suppress that rebellion; and,
3. That each of you will, in his sphere, do all he can to have the officers, soldiers, and seamen of the army and navy, while engaged in the effort to suppress the rebellion, paid, fed, clad, and otherwise well provided and supported. [3]
On July 1, 1863, Birchard replied to Lincoln. His letter concluded with a reply to Lincoln's offer of subscription to certain pledges: "they have asked the revocation of the order of banishment, not as a favor, but as a right due to the people of Ohio". [4] In his letter, Birchard cited habeas corpus. On September 15, 1863, Lincoln made a proclamation suspending habeas corpus.
Prior to the Birchard letter, Lincoln also sent a letter to Erastus Corning regarding the Vallandigham controversy on June 12, 1863.
The 1864 United States presidential election, the 20th quadrennial presidential election, was held on Tuesday, November 8, 1864. In the midst of the American Civil War, incumbent President Abraham Lincoln of the National Union Party easily defeated the Democratic nominee, former General George B. McClellan, by a wide margin of 212–21 in the electoral college, with 55% of the popular vote. For the election, the Republican Party and some Democrats created the National Union Party, especially to attract War Democrats.
Ex parte Merryman, 17 F. Cas. 144 (No. 9487), is a well-known and controversial U.S. federal court case that arose out of the American Civil War. It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus" under the Constitution's Suspension Clause, when Congress was in recess and therefore unavailable to do so itself. More generally, the case raised questions about the ability of the executive branch to decline enforcement of judicial decisions when the executive believes them to be erroneous and harmful to its own legal powers.
Ex parte Milligan, 71 U.S. 2 (1866), was a landmark decision of the US Supreme Court that ruled the application of military tribunals to citizens when civilian courts are still operating is unconstitutional. In this particular case, the Court was unwilling to give President Abraham Lincoln's administration the power of military commission jurisdiction, part of the administration's controversial plan to deal with Union dissenters during the American Civil War. Justice David Davis, who delivered the majority opinion, stated that "martial rule can never exist when the courts are open" and confined martial law to areas of "military operations, where war really prevails", and when it was a necessity to provide a substitute for a civil authority that had been overthrown. Chief Justice Salmon P. Chase and three associate justices filed a separate opinion concurring with the majority in the judgment, but asserted that Congress had the power to authorize a military commission, although it had not done so in Milligan's case.
Salmon Portland Chase was a U.S. politician and jurist who served as the sixth Chief Justice of the United States. He also served as the 23rd Governor of Ohio, represented Ohio in the United States Senate, and served as the 25th United States Secretary of the Treasury. Chase was therefore one of a few U.S. politicians who served in all three branches of the federal government.
In the 1860s, the Copperheads, also known as Peace Democrats, were a faction of Democrats in the Union who opposed the American Civil War and wanted an immediate peace settlement with the Confederates.
Clement Laird Vallandigham was an American politician and leader of the Copperhead faction of anti-war Democrats during the American Civil War. He served two terms for Ohio's 3rd congressional district in the United States House of Representatives. In 1863, he was convicted at an Army court martial of opposing the war, and exiled to the Confederacy. He ran for governor of Ohio in 1863 from exile in Canada, but was defeated. Vallandigham died in 1871 in Lebanon, Ohio, after accidentally shooting himself in the abdomen with a pistol, while representing a defendant in a murder case for killing a man in a barroom brawl in Hamilton.
A number of cases were tried before the Supreme Court of the United States during the period of the American Civil War. These cases focused on wartime civil liberties, and the ability of the various branches of the government to alter them. The following cases were among the most significant.
John Brough was a War Democrat politician from Ohio. He served as the 26th Governor of Ohio during the final years of the American Civil War, dying in office of gangrene shortly after the war concluded.
David Tod was an American politician and industrialist from the U.S. state of Ohio. As the 25th Governor of Ohio, Tod gained recognition for his forceful and energetic leadership during the American Civil War.
George Ellis Pugh was a Democratic politician from Ohio. He served in the U.S. Senate from 1855 to 1861.
The Battle of Fort Pillow, also known as the Fort Pillow massacre, was fought on April 12, 1864, at Fort Pillow on the Mississippi River in Henning, Tennessee, during the American Civil War. The battle ended with a massacre of Union soldiers attempting to surrender, by soldiers under the command of Confederate Major General Nathan Bedford Forrest. Military historian David J. Eicher concluded: "Fort Pillow marked one of the bleakest, saddest events of American military history."
"The Constitution is not a suicide pact" is a phrase in American political and legal discourse. The phrase expresses the belief that constitutional restrictions on governmental power must be balanced against the need for survival of the state and its people. It is most often attributed to Abraham Lincoln, as a response to charges that he was violating the United States Constitution by suspending habeas corpus during the American Civil War. Although the phrase echoes statements made by Lincoln, and although versions of the sentiment have been advanced at various times in American history, the precise phrase "suicide pact" was first used in this context by Justice Robert H. Jackson in his dissenting opinion in Terminiello v. Chicago, a 1949 free speech case decided by the U.S. Supreme Court. The phrase also appears in the same context in Kennedy v. Mendoza-Martinez, a 1963 U.S. Supreme Court decision written by Justice Arthur Goldberg.
During the American Civil War, the State of Ohio played a key role in providing troops, military officers, and supplies to the Union army. Due to its central location in the Northern United States and burgeoning population, Ohio was both politically and logistically important to the war effort. Despite the state's boasting a number of very powerful Republican politicians, it was divided politically. Portions of Southern Ohio followed the Peace Democrats and openly opposed President Abraham Lincoln's policies. Ohio played an important part in the Underground Railroad prior to the war, and remained a haven for escaped and runaway slaves during the war years.
During the American Civil War, the Ohio River port city of Cincinnati, Ohio, played a key role as a major source of supplies and troops for the Union Army. It also served as the headquarters for much of the war for the Department of the Ohio, which was charged with the defense of the region, as well as directing the army's offensives into Kentucky and Tennessee.
The presidency of Abraham Lincoln began on March 4, 1861, when Abraham Lincoln was inaugurated as the 16th president of the United States, and ended upon his assassination and death on April 15, 1865, 42 days into his second term. Lincoln was the first member of the recently established Republican Party elected to the presidency. He was succeeded by Vice President Andrew Johnson. Lincoln presided over the Union victory in the American Civil War, which dominated his presidency.
Ex parte Vallandigham, 68 U.S. 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.
War Democrats in American politics of the 1860s were members of the Democratic Party who supported the Union and rejected the policies of the Copperheads. The War Democrats demanded a more aggressive policy toward the Confederacy and supported the policies of Republican President Abraham Lincoln, when the American Civil War broke out a few months after his victory in the 1860 presidential election.
The Habeas Corpus Suspension, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and destroyed Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners. It began in the House of Representatives as an indemnity bill, introduced on December 5, 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The Senate amended the House's bill, and the compromise reported out of the conference committee altered it to qualify the indemnity and to suspend habeas corpus on Congress's own authority. Abraham Lincoln signed the bill into law on March 3, 1863, and suspended habeas corpus under the authority it granted him six months later. The suspension was partially lifted with the issuance of Proclamation 148 by Andrew Johnson, and the Act became inoperative with the end of the Civil War. The exceptions to his Proclamation 148 were the States of Virginia, Kentucky, Tennessee, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, the District of Columbia, and the Territories of New Mexico and Arizona.
The following outline is provided as an overview of and topical guide to Abraham Lincoln:
Birchard is a surname. Notable people with the surname include: