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.