The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Oral Argument: Friday, January 22, 1864
Decision: Monday, February 15, 1864

Advocates

Not available

Facts of the Case

In 1863, soldiers arrested, tried and found guilty Democratic Sen. Clement L. Vallandigham of Ohio for violating Army orders against public expressions of Confederate sympathies. He had denounced the War and the Administration at home and in Congress. President Abraham Lincoln banished Vallandigham to rebel territory. He returned and appealed the action in the Supreme Court.

Question

Are the military proceedings constitutional?

Conclusion

The Court held, unanimously, that it had no jurisdiction over appeals from military courts.

Cite this page

The Oyez Project, Ex parte Vallandigham, 68 U.S. 243 (1864),
available at: <http://www.oyez.org/cases/1851-1900/1863/1863_2/>
(last visited ).