Discussion General Order Number 38

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ErnieMac

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The General Order Number 38 to which you are referring was issued by Major General Ambrose Burnside in his role as commander of the Department of the Ohio in April, 1863. (There were General Orders Number 38 in other departments). Some historians suggest that Burnside specifically targeted Vallandigham with the order. So far as I know no one else was charged.
 

sailorruss

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How can you deport a US citizen to a country that isn't a country? Since they did deport him than they were de facto recognizing the Confederacy as a country and violated Valandingham's rights, roundly. If they actually continued down this path then I can't imagine what could happen. It seems to me there is a huge gap in logic there. Its very murky and something I've put thought into but never wrote down.

Thanks for bringing this up.
 
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The General Order Number 38 to which you are referring was issued by Major General Ambrose Burnside in his role as commander of the Department of the Ohio in April, 1863. (There were General Orders Number 38 in other departments). Some historians suggest that Burnside specifically targeted Vallandigham with the order. So far as I know no one else was charged.
Apparently there were a number of arrests and at least one sentence of death.

"After Lincoln intervened to postpone the death sentence of one alleged traitor, Burnside stayed the execution of many men convicted under Order 38.

But the impulsive general showed no such reserve in dealing with Vallandigham, who made a particularly inflammatory speech on May 1, denouncing the administration of 'King Lincoln' and Order 38. In his closing remarks, Vallandigham warned his audience 'that an attempt would shortly be made to enforce the conscription act; that 'they should remember that this war was not a war for the preservation of the Union;' that 'it was a wicked abolition war! and that if those in authority were allowed to accomplish their purposes the people would be deprived of their liberties and a monarchy established; but that as for him he was resolved that he would never be a priest to minister upon the altar upon which his country was being sacrificed.' Four days later, soldiers apprehended the Democratic firebrand; soon thereafter a military commission found him guilty of violating Order 38 and sentenced him to confinement for the rest of the war."
Abraham Lincoln: A Life, Vol. II, Michael Burlingame, pp. 505-506
 
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How can you deport a US citizen to a country that isn't a country? Since they did deport him than they were de facto recognizing the Confederacy as a country and violated Valandingham's rights, roundly. If they actually continued down this path then I can't imagine what could happen. It seems to me there is a huge gap in logic there. Its very murky and something I've put thought into but never wrote down.

Thanks for bringing this up.
Actually, no where in the order does it mention anything about the Confederate states by name. General Order 38 states that persons convicted would "suffer death" or would be "sent beyond our lines into the lines of their friends."
 
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How can you deport a US citizen to a country that isn't a country? Since they did deport him than they were de facto recognizing the Confederacy as a country and violated Valandingham's rights, roundly. If they actually continued down this path then I can't imagine what could happen. It seems to me there is a huge gap in logic there. Its very murky and something I've put thought into but never wrote down.

Thanks for bringing this up.
Here is a copy of General Order No. 38:

GENERAL ORDER No. 38,
HEAD-QUARTERS DEPARTMENT OF THE OHIO,
Cincinnati, 0., April 13, 1863.
General Orders, No. 38.

The Commanding General publishes, for the information of all concerned, 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 class of persons:

- Carriers of secret mails.
- Writers of letters sent by secret mails. Secret recruiting officers within the lines.
- Persons who have entered into an agreement to pass our lines for the purpose of joining the enemy.
- Persons found concealed within our lines belonging to the service of the enemy, and, in fact, all persons found improperly within our lines, who could give private information to the enemy.
- All persons within our lines who harbor, protect, conceal, feed, clothe, or in any way aid the enemies of our country.

The habit of declaring sympathies for the enemy will not be allowed in this Department. Persons committing such offenses 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. It must be distinctly understood that treason, expressed or implied, will not be tolerated in this Department. All officers and soldiers are strictly charged with the execution of this order.

By command of Major-General BURNSIDE.
 
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sailorruss

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Thanks for posting the order en toto. I'm still wondering about 1 st. Amendment rights though. I know that all manner of things that protect the rights of the people were suspended. Including Habeas corpus. Which is bad enough. But Valndingham just had a really big mouth, no?

I'd like to know more about this. More research is my fate.
 

Lubliner

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Here is a copy of General Order No. 38:

GENERAL ORDER No. 38,
HEAD-QUARTERS DEPARTMENT OF THE OHIO,
Cincinnati, 0., April 13, 1863.
General Orders, No. 38.

The Commanding General publishes, for the information of all concerned, 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 class of persons:

- Carriers of secret mails.
- Writers of letters sent by secret mails. Secret recruiting officers within the lines.
- Persons who have entered into an agreement to pass our lines for the purpose of joining the enemy.
- Persons found concealed within our lines belonging to the service of the enemy, and, in fact, all persons found improperly within our lines, who could give private information to the enemy.
- All persons within our lines who harbor, protect, conceal, feed, clothe, or in any way aid the enemies of our country.

The habit of declaring sympathies for the enemy will not be allowed in this Department. Persons committing such offenses 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. It must be distinctly understood that treason, expressed or implied, will not be tolerated in this Department. All officers and soldiers are strictly charged with the execution of this order.

By command of Major-General BURNSIDE.
I came across incidents in Kentucky, 1864, when once prominent members of society and community were being sent away. One example, Judge Bullitt, and other 'elite' who had secesh tendencies were being singled out by loyal citizens proposing not just the General Order #38, but as well to confiscate all their possessions including land claims, sending them away, and redistributing the goods to widows and needy with loyal allegiance.
Lubliner.
 
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