General Order Number 38

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General Order Number 38 was issued by American Union general Ambrose Burnside on April 13, 1863, during the American Civil War while Burnside commanded the Department of the Ohio. Among other issues, the order attempted to make it illegal to criticize the war within that Department: [1]

United States Federal republic in North America

The United States of America (USA), commonly known as the United States or America, is a country composed of 50 states, a federal district, five major self-governing territories, and various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is slightly smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U.S. is the third most populous country. The capital is Washington, D.C., and the largest city by population is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico. The State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean. The U.S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The extremely diverse geography, climate, and wildlife of the United States make it one of the world's 17 megadiverse countries.

Union (American Civil War) United States national government during the American Civil War

During the American Civil War (1861–1865), the Union, also known as the North, referred to the United States of America and specifically to the national government of President Abraham Lincoln and the 20 free states, as well as 4 border and slave states that supported it. The Union was opposed by 11 southern slave states that formed the Confederate States of America, also known as "the Confederacy" or "the South".

Ambrose Burnside Union Army general

Ambrose Everett Burnside was an American soldier, railroad executive, inventor, industrialist, and politician from Rhode Island. He served as governor and as a United States Senator. As a Union Army general in the American Civil War, he conducted successful campaigns in North Carolina and East Tennessee, as well as countering the raids of Confederate General John Hunt Morgan, but suffered disastrous defeats at the Battle of Fredericksburg and Battle of the Crater. His distinctive style of facial hair became known as sideburns, derived from his last name. He was also the first president of the National Rifle Association.

That hereafter all persons found within our lines who commit acts for the benefit of the enemies of our country, will be tried as spies or traitors, and, if convicted, will suffer death. This order includes the following classes of persons:

...

The habit of declaring sympathies for the enemy will no longer be tolerated in the department. Persons committing such offences will be at once arrested, with a view to being tried as above stated, or sent beyond our lines into the lines of their friends.

Any kind of opposition to the war such as that expressed by the Copperheads peace movement was considered sympathy to the enemy, and the order was immediately used as justification to arrest Ohio Representative Vallandigham, a prominent leader in the movement (in fact, he was arrested for criticizing the order itself) and to try him in a military court.

Burnside’s order inspired a political campaign song that mentioned Clement Vallandigham:

Clement Vallandigham American lawyer and politician

Clement Laird Vallandigham was an Ohio politician and leader of the Copperhead faction of anti-war Democrats during the American Civil War. He served two terms 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.

O, brothers, don't forget the time
When Burnside was our fate,
And laws were superseded
By order 38.
Then like a free-born western man,
Our Val spoke bold and true,
O, when he’s chosen governor
What will poor Burnside do.
Wont he skedaddle,
As he’s well used to do. [2]

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References

  1. George Henry Porter (1911). Ohio Politics During the Civil War Period. Columbia UP. p. 159.
  2. p. 177, Porter, George Henry. Ohio Politics During the Civil War Period. NY, NY, 1911.