War of the Rebellion: Serial 118 Page 0633 CORRESPONDENCE, ETC. - UNION.

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confinement in this city are held to be subjects of exchange and can be forwarded for that purpose whenever it may be deemed desirable.

I am, colonel, very respectfully, your obedient servant,

THEODORE McGOWAN,

Assistant Adjutant-General.

HEADQUARTERS DEPARTMENT OF THE OHIO,

Cincinnati, Ohio, May 18, 1863.

Major General H. W. HALLECK,

General-in-Chief, Washington, D. C.

GENERAL: I have the honor to forward by Lieutenant W. G. Fitch to the Judge-Advocate-General the proceedings in the case of Honorable Clement L. Vallandigham who was arrested on the 4th instant for a violation of General Orders, Numbers 38, issued from these headquarters. The fact of his arrest and the proceedings of the court have been published in the newspapers from time to time and have no doubt reached you, but I have made no official report of my action in the matter to you feeling that it was better to be guided by the written and verbal instructions already received than annoy and harass you and delay the final result of the matter by asking for orders from time to time.

I have been fully sustained in my action by the Supreme Court* and trust the record will meet with the approval of the President and yourself.

The moral effect of the carrying out of the principles of that order is very apparent throughout the department and I am constrained to believe the policy adopted is the true one.

Hoping my course will meet with your approbation, I have the honor to remain,

Very respectfully, your obedient servant,

A. E. BURNSIDE,

Major-General, Commanding Department of the Ohio.

[Inclosure.]

Trial of Clement L. Vallandigham.

Proceedings of a military commission convened at Cincinnati, Ohio, by virtue, of the following order;

SPECIAL ORDERS,

HEADQUARTERS DEPARTMENT OF THE OHIO, Numbers 135,

Cincinnati, Ohio, April 21, 1863.

* * * * *

IV. A military commission is hereby appointed to meet at Cincinnati, Ohio, at 10 o'clock a. m. on Wednesday, the 22nd instant, or as soon thereafter as practicable, for the trial of such prisoners as may be brought before it.

Detail for the commission; Brigadier General R. B. Potter, U. S. Volunteers, Lieutenant Colonel E. R. Goodrich, commissary of subsistence, U. S. Volunteers, Major J. L. Van Buren, aide-de-camp; Major J. M. Brown, Tenth Kentucky Cavalry; Major R. M. Corwine, aide-de-camp; Major A. H. Fitch, One hundred and fifteenth Ohio Volunteers: Captain E. Gay, Sixteenth U. S. Infantry; Captain P. M. Lyding, aide-de-camp; Captain W. H. French, commissary of subsistence, U. S. Volunteers, Captain J. M. Cutts, Eleventh U. S. Infantry, is appointed judge-advocate.

By command of Major-General Burnside:

W., P. ANDERSON.

Assistant Adjutant-General.

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*See habeas corpus proceedings at p. 573 et seq.

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