- "Val, there are three
shots in your pistol yet! "You had better discharge them." "What for?" "To prevent any accident. "You might shoot yourself." "No danger of that," was the reply. Evidently, the writers
of "Law & Order 1871" were really into very
obvious foreshadowing. (tense music) Among the many sworn duties of lawyers, perhaps the most famous is
that of zealous advocate. A lawyer is duty-bound to
do everything reasonable, and ethical, to help a
client achieve their goals. The best lawyers burn
the candle at both ends with long hours and little sleep in service of zealous representation, figuratively killing
themselves for their clients. But do you know the story of perhaps the greatest defense attorney of all time, who took the oath of zealous advocacy just a little too seriously by not figuratively dying for his client, but literally dying for his client? Well, today, we're going to discuss the curious case of Clement Vallandigham, whose novel legal defense got his client acquitted of murder charges
at the cost of his own life, and along the way, was found
guilty of treason and exiled, before sneaking back into
this country in disguise. It's going to be a wild ride, so let's get started. (perky music) Brought to you by Trade Coffee. Clement Vallandigham was
born on July 29th, 1820, in New Lisbon, Ohio, now just Lisbon, Ohio. Growing up, he was best
friends with Edwin M. Stanton, who would become the Secretary of War under President Abraham Lincoln. Growing up, Vallandigham was
close friends with Stanton, until a falling out was caused, not by stealing each other's toys, but being on opposing
sides of the Civil War, as one does. But when they were still friends, Stanton lent Vallandigham
$500 for a law course and to begin his own practice. And after a short stint in
the Ohio State Legislature, Vallandigham ran for Congress
as a Democrat in 1856. Despite being narrowly
defeated by 19 votes, Vallandigham appealed to
the Committee of Elections of the House of Representatives, claiming illegal votes denied him victory. After nearly two years of deliberation, the House eventually agreed, and Vallandigham was seated
for a two-day House term. Thankfully, we've come
a long way since 1856, where politicians just gracefully accept the results of a lost election. (crickets chirping) Vallandigham was elected
to a full term in 1858 and reelected in 1860, before being defeated
in the 1862 election. When the US Civil War broke
out, Congressman Vallandigham became the de facto
leader of the Copperheads, a group of antiwar Midwest Union Democrats who opposed the US Civil War, opposed the abolition of slavery and demanded an immediate peace settlement with the Confederacy. And, yeah, yeah, yeah, for anyone trolling in the comments section, the
Democrats and the Republicans of the 1860s were not the same as the Democrats and Republicans of today, so, just don't. But the Copperheads
actively resisted the draft and encouraged Union soldiers
to desert their units. Both in and out of Congress,
Vallandigham became one of Abraham Lincoln's
most outspoken critics, which managed to get
Vallandigham in a bit of trouble. - There's a good chance
I may have committed some light treason. - But as the Civil War dragged on, Abraham Lincoln began
undertaking some extraordinary, and in retrospect, legally
questionable measures to crack down on war opponents. In 1862, Lincoln issued a proclamation suspending Habeas Corpus, meaning that if you were detained, you could no longer seek
a remedy in the courts to determine if the
detention was lawful or not. The proclamation also made
discouraging enlistment, resisting drafts, or any
other disloyal practice subject to martial law and
trial by a military commission. But enter Major General Ambrose Burnside, famous for humiliating military defeats and for making sideburns a thing. I thought I told you to cut
those sideburns, Burnside. - What sideburns? - You heard me, hippie. - But after losing the
Battle of Fredericksburg and the Battle of Crater,
Lincoln demoted Burnside, and sentenced him to Ohio, where he quickly made a name for himself. A few weeks after
Vallandigham returned to Ohio, Ambrose Burnside made his move against the rebel Copperheads. In April 1863, Burnside issued
General Order number 38, which declared Jedi's
traders to the Republic, leading to the Great Jedi Purge. No, no, that's, that's not what happened. Sorry, wrong Civil War. But what Burnside's General
Order number 38 did, was to make it a crime, in some
cases, punishable by death, to express public opposition to the war. The order stated, "The
habit of declaring sympathy "for the enemy will not be
allowed in this department. "Persons committing such
offenses will be at once arrested "with a view of being tried "or sent beyond our lines into
the lines of their friends. "It must be understood that
treason, expressed or implied, "will not be tolerated
in this department." And of course, the beatings will continue until morale improves. But on May 1st, 1863, now
ex-Congressman Vallandigham organized a rally in Mount Vernon, Ohio, denouncing the order,
the war, and demanding the immediate removal of King Lincoln. And in his speech, Vallandigham, unaware that union agents were
in the audience taking notes, asserted, among other
things, that the Civil War was a sinister plot not
to preserve the Union, but to free slaves and
enslave whites in their place, and thank goodness, we're
a long way past the days of public officials who spout
baseless conspiracy theories. (crickets chirping) Vallandigham asserted the Constitution protected his right to speak
freely despite the order. Ambrose Burnside disagreed. And in the early hours of May 5th, 1863, 150 Union soldiers surrounded
Vallandigham's home and arrested the former
Congressman for treason. And as a result, Vallandigham
was brought before a military tribunal, where
he refused to enter a plea. Ever the lawyer, he argued
that the military tribunal lacked jurisdiction to hear his case, as he was not a member of the military nor a resident of a state in rebellion, or in a state under martial law. And Vallandigham contended
that the Constitution guaranteed his right to have
his case heard in a civil court in front of a jury of his peers, guaranteed under the
Constitution, clear as day. The military tribunal disagreed. Vallandigham was convicted of quote, "Uttering disloyal sentiments," and attempting to hinder
prosecution of the war, and sentenced to two years
in a military prison. Vallandigham actually appealed his case all the way to the Supreme Court, arguing that as a civilian, he could not be tried
as a military tribunal. Which gave rise to the Ex
parte Vallandigham case. In Ex parte Vallandigham,
the Supreme Court, sidestepping Vallandigham's
jurisdictional questions, unanimously ruled that the
Supreme Court had no power to even hear appeals
from military tribunals. Although Vallandigham lost
this case, after the war, the Supreme Court did
vindicate his position. In a similar case, Ex parte Milligan, the Supreme Court ruled
that trying civilians in military tribunals in unconstitutional when civilian courts are available. So, what happened next? Well, Abraham Lincoln commuted
Vallandigham's sentence and banished him to the
Confederacy, of all places. Vallandigham though,
then sneaked into Canada, ran for Governor of Ohio, from
a hotel in Ontario, and lost, and then became the leader
of the paramilitary group the Order of the Sons of Liberty, with a plan of creating
the Northwest Confederacy by overthrowing the state
governments of Ohio, Kentucky, Indiana and Illinois. He was anything, if not ambitious. But in June 1864, Vallandigham,
under heavy disguise, sneaked back into the US. The intended revolt never materialized, though several other members of the Order of the Sons of Liberty were convicted of
conspiracy to commit treason by a military tribunal. Where, of course,
Vallandigham gave testimony, only to have their own
tribunal convictions thrown out by the Supreme Court, by you guessed, it Ex parte Milligan. But after failed bids
in the Senate and House, Vallandigham resumed his law practice. And this is where things
get really interesting, because, alas, twas the
overzealous lawyering that killed the Congressman. In 1871, Clement Vallandigham
was halfway through trying what he thought would be the
greatest case of his life, but it actually turned out to be the last case of his entire life. Enter his client, one Thomas McGehan, who had been charged with the murder of a well-known local tough guy
and scoundrel, Thomas Myers. And one fateful Christmas
Eve in Hamilton, Ohio, Meyers had been playing cards
in a private room in a bar, where five men burst into the room and a bar room brawl broke out. As Meyers rose from his seat, rummaging in his pocket
to draw his pistol, a muffled shot was hurt. Meyers drew his gun, fired a couple shots before he collapsed dead. Those who witnessed the chaos kept bringing up one murder
suspect, Thomas McGehan, with whom Myers had a long-running feud. But the defense's theory
was that Myers had in fact accidentally shot himself
in all of the ruckus. And ever the hands-on lawyer,
Vallandigham was dead set on proving this theory
correct to his co-counsel. So, like any good defense attorney, Vallandigham began
inspecting the murder weapon. And after firing two rounds of his five-shot Smith and Wesson revolver into a square of cloth, to test whether it would
leave a mark of powder, Vallandigham headed back to
the hotel with his co-counsel. Newspaper accounts at the time recounted the following conversation that would portend
Vallandigham's impending demise. Co-counsel Milliken, ever
cautious and thoughtful said, "Val, there are three
shots in your pistol yet! "You had better discharge them." "What for," responded Mr. Vallandigham. "To prevent any accident,"
replied the cautious attorney. "You might shoot yourself." "No danger of that,"
replied Mr.Vallandigham. "I carried and practiced with pistols "too long to be afraid to have
a loaded one in my pocket." "You'd better be careful,
though," said Mr. Milliken. "Never fear me," was the reply. Evidently the writers
of "Law & Order 1871" were really into very
obvious foreshadowing. (tense music) And when Vallandigham
returned to the hotel, he received a package,
an unloaded revolver that had been used as a trial exhibit. Back in the hotel room,
Vallandigham placed both weapons on the table side by side. And as other lawyers
joined him in the room, Vallandigham proceeded to test his theory that Tom Myers shot himself. Vallandigham, accidentally
grabbing the loaded gun, because, obviously, he placed the revolver in his pocket and slowly drew it out. He pointed the gun at his abdomen, in the exact position he
believed Meyers shot himself. Thinking the gun was unloaded, he pulled the trigger. "My God, I've shot myself," Vallandigham exclaimed, as
he reeled towards the wall. At least four jurors who
were staying at the hotel entered the room to see
what had transpired. Word spread throughout the town. Maybe there was something
to Vallandigham's theory. Well, Vallandigham died the next morning. His final words were, "I
may, however, be mistaken, "but I am a firm believer "in the good old Presbyterian
doctrine of predestination." So, what happened afterwards? Well, after two trials, first a hung jury, and then a second degree murder conviction that was set aside for jury misconduct and a lack of evidence, McGehan was acquitted in his third trial. So, great job, Clement. After his acquittal, McGehan published a self-serving
autobiographical work entitled "Thomas McGehan, A History
of the Life and Trials "of Thomas McGehan." McGehan actually used
a print of Vallandigham shooting himself as the cover. And after being run out of town, McGehan soon returned to Hamilton, Ohio, only to realize he still had enemies. And the universe has
a dark sense of humor. So, after being acquitted for
murder in a bar room brawl by potentially the greatest
defense attorney of all time, McGehan would soon meet his end, being shot to death in a bar. As reported by the
whimsically-named "Tiffin Tribune," "The Hamiltonians
threatened to take his life "if he attempted to make
his home in that city, "and they evidently don't
like to be caught in a lie "about a small matter of that kind." As for Ambrose Burnside, well, mister sideburns was elected to be the first president of the NRA. Yes, that NRA. And that, my friends, is the curious case of
Clement Vallandigham, potentially the greatest
defense attorney of all time. And if there's any takeaways from this, it's probably that when
your co-counsel warns you not to shoot yourself, you should probably take that advice. But this is not the end of the story. You see, the universe really does have a dark sense of humor. And the universe was not finished with Clement Vallandigham. As reported by the "Fife
Herald" at the time, "Hardly was Vallandigham in his grave "before another man killed
himself while trying to, "precisely in the same way, "to demonstrate how Mr.
Vallandigham had met his death." I know you think that
lawyers are super smart, but some aren't. And while this is a tragic example of client advocacy gone wrong, remember, the 1800s were
a much different time, and thankfully, today, we
are much more responsible in how we handle our firearms. You might ask yourself,
"How was it possible "that Clement Vallandigham
actually shot himself?" Well, it was probably because
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really helps out this channel. So, do you agree with my
analysis of the famous incident of Clement Vallandigham? Leave your objections in the comments, and check out this playlist, over here, with all sorts of crazy legal oddities and ridiculous things in the legal world. So, click on this playlist,
or I'll see you in court.
