Clement Vallandigham: A Lawyer Who Shot Himself

Jul 24, 2024

Lecture Notes: Clement Vallandigham

Introduction

  • Lawyers often compared to mechanics; both professions require trust from clients.
  • Importance of having a good lawyer versus a bad one (legal consequences).
  • Clement Vallandigham: A lawyer who took a bullet for his client—unconventional case.

Background

  • Born: 1820 in Ohio, USA
  • Admitted to the bar: 1842
  • Political Career:
    • Elected as a Democrat to Ohio State Legislature (1845)
    • Ran for Congress (1856) but lost, alleged illegal voting.
  • Civil War Era:
    • Staunchly opposed to President Abraham Lincoln.
    • Supported slavery; believed states should decide on it.
    • Outspoken critic of Lincoln, called him 'King Lincoln'.
    • Developed reputation as a Confederate sympathizer; lost elections due to this stance.

Arrest and Sentencing

  • During the Civil War, Lincoln suspended Habeas Corpus.
  • Vallandigham gave anti-war speeches; arrested and tried by military commission.
  • Sentence commuted by Lincoln, instead exiled to Confederate territory (banished).
  • Established a political organization while in exile; gained support in Ohio.

Return to Law

  • Post-war, returned to practicing law.
  • Notable Case (1871): Defense of Thomas McGean in a murder trial.
    • Incident involved gunshot during a bar fight.
    • Vallandigham claimed victim shot himself accidentally.

Trial Incident

  • To demonstrate his argument, Vallandigham planned a reenactment using two guns (one unloaded, one loaded).
  • Mixed up the guns; accidentally shot himself during the demonstration.
  • Died the next day from injuries.
  • Thomas McGean was acquitted as a result.

Irony and Legacy

  • Vallandigham’s tragic mistake led to his client’s acquittal—ironically proved his point.
  • Critique of Vallandigham’s competence and historical reputation:
    • His views on slavery and the Civil War not popular today.
    • Linked to historical figures like Lincoln who are viewed favorably.

Conclusion

  • The complexities of defending a client—sometimes through unconventional means.
  • Reflection on Vallandigham's legacy raises questions about judgment and competence in legal practice.
  • Recap of interesting historical anecdotes related to Vallandigham and Civil War era politics.