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He was re-elected to the House in 1860. During the 1860 presidential campaign, he supported [[Stephen A. Douglas]], although he disagreed with Douglas's position on "squatter sovereignty", which was used by detractors to describe [[popular sovereignty]].{{sfn|Vallandigham|1872|p=137}}
On February 20, 1861, Vallandigham delivered a speech, titled "The Great American Revolution," to the House of Representatives. He accused the [[Republican Party (United States)|Republican Party]] of being "belligerent" and advocated a "choice of peaceable disunion upon the one hand, or Union through adjustment and conciliation upon the other." Vallandigham supported the [[Crittenden Compromise]], which was a last
Vallandigham strongly opposed every military bill, which led his opponents to charge that he wanted the Confederacy to win the war. He became the acknowledged leader of the anti-war [[Copperhead (politics)|Copperheads]], and in an address on May 8, 1862, he coined their slogan: "To maintain the Constitution as it is, and to restore the Union as it was." It was endorsed by fifteen Democratic congressmen.{{sfn|Vallandigham|1872|pp=205–207}}
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Captain James Madison Cutts served as the judge advocate in the military trial and was responsible for authoring the charges against Vallandigham.<ref>Joshua E. Kastenberg, Law in War, Law as War: Brigadier General Joseph Holt and the Judge Advocate General's Department in the Civil War and Early Reconstruction, 1861–1865 (Durham, NC: Carolina Academic Press, 2011), 106.</ref> During the trial, testimony was given by Union army officers who had attended the speech in civilian clothes, that Vallandigham called the president "King Lincoln."{{sfn|Vallandigham|1863a|p=23}} He was sentenced to confinement in a military prison "during the continuance of the war" at [[Fort Warren (Massachusetts)|Fort Warren]], [[Massachusetts]].{{sfn|Vallandigham|1863a|p=33}} Vallandingham only called one witness in his defense, Congressman [[Samuel S. Cox]]. According to [[University of New Mexico School of Law]] Professor Joshua E. Kastenberg, because Cox was another well-known anti-war Democrat, his presence at the military court likely harmed Vallandigam's attempts at arguing his innocence.<ref>Id.</ref>
On May 11, 1863, an application for a writ of ''habeas corpus'' was filed in federal court for Vallandigham by former Ohio Senator [[George E. Pugh]].{{sfn|Vallandigham|1863a|p=40}} Judge [[Humphrey H. Leavitt]] of the Circuit Court of the United States for the Southern District of Ohio upheld Vallandigham's arrest and military trial as a valid exercise of the President's [[war powers]].{{sfn|Vallandigham|1863a|pp=259–272}} Congress had passed an act authorizing the
On May 16, 1863, there was a meeting at [[Albany, New York]], to protest the arrest of Vallandigham. A letter from Governor [[Horatio Seymour]] of New York was read to the crowd. Seymour charged that "military despotism" had been established. Resolutions by [[John V. L. Pruyn]] were adopted.{{sfn|Vallandigham|1872|pp=288–293}} The resolutions were sent to Lincoln by [[Erastus Corning]]. In response to a public letter issued at the meeting of angry Democrats in Albany, Lincoln's "Letter to Erastus Corning et al." of June 12, 1863, explained his justification for supporting the court-martial's conviction.
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|last2=Kass}}</ref> The short story, which appeared in ''[[The Atlantic Monthly]]'' in December 1863, was widely republished. In 1898, Hale made the assertion that Vallandigham stated "he did not want to belong to the United States."<ref>Hale, Edward Everett. "The Man Without a Country". p. 116, ''The Outlook'', May–August 1898.</ref>
Vallandigham is a character in some [[alternate history]] novels. In [[Ward Moore]]'s ''[[Bring the Jubilee]]'' (1953) and [[William Gibson]] and [[Bruce Sterling]]'s ''[[The Difference Engine]]'' (1990), Vallandigham defeated Lincoln in the presidential election of 1864 after the South won the Civil War. In [[Harry Turtledove]]'s ''[[The Guns of the South]]'' (1992), he is elected
In [[CBBC (TV channel)|CBBC]]'s ''[[Horrible Histories (2009 TV series)|Horrible Histories]]'', Vallandigham is played by [[Ben Willbond]]. In ''Horrible Histories'' he is shown as an excellent lawyer who is, however, extremely embarrassed by the idiotic way in which he died: by having killed himself by accident while he was defending his client, Thomas McGehean.{{citation needed|date=July 2024}}
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