The Supreme Court
During the Civil War
Presented by Christopher Fortunato

Roger Taney, Chief Justice

At a time when sectional tensions between the North and South were high, many of the Supreme Court's decisions— particularly those relating to slavery—met with controversy and contention. Most controversial was the Taney Court's decision in Dred Scott v. Sandford (1857). Dred Scott, a slave from Missouri, sued for his freedom on the grounds that his master had taken him into Illinois and the territory of Wisconsin, both of which prohibited slavery. The Taney Court, however, ruled that members of the African race, "beings of an inferior order," were not and could never become citizens of the United States. Consequently, it ruled that Scott therefore had no standing to file the lawsuit. Moreover, the court held that the Missouri Compromise, under which Congress prohibited slavery in certain territories, was unconstitutional. The controversial decision met with vigorous opposition from abolitionists and contributed to the tensions that led to the Civil War.

During the war, the Court generally upheld Lincoln's unilateral suspension of habeus corpus, the arrest by the military of anyone suspected of being disloyal, and his imposing of naval blockades in decisions that deferred to Congress and the Executive branches of government during times of war. (Ex parte Stevens--1861; Prize Cases--1863; Ex parte Vallandigham--1864)

In the midst of the Civil War, Abraham Lincoln appointed Salmon P. Chase to be Chief Justice. Chase had strong anti-slavery credentials and had served Lincoln as Secretary of the Treasury. His post- Civil War tenure featured several key decisions affirming the indestructibility of the Union.

Our speaker: Christopher Fortunato has been a lawyer for 21 years. He thanks William F.B. Vodrey for sponsoring him as a member here. Chris has always wanted to give a presentation here and suggested the Supreme Court as a topic. In addition to practicing law, Chris decided to become a professional actor as well and holds membership in AFTRA and was invited to join Actors Equity, the union of stage actors and stage managers. While Roundtable members were dining at the Playhouse Club a few years ago, Chris made his debut in the Cleveland Playhouse production of Caryl Churchill's apocalyptic play, "Far Away,” where he had a non-speaking role in a line of political prisoners that were hanged. Other theatres Chris appeared at include Porthouse Theatre, Beck Center, Ensemble Theatre and the Wake Up and Live Actors Studio. William Vodrey is the president of his fan club.

To make a reservation: use the Dinner Reservation Form on this website, send an email to or call 440-449-9311 and leave a message on the voice mail.

Please note: all meetings this year will be held at Judson Manor at the corner of East 107th Street and Chester on University Circle in Cleveland.  Map to Judson Manor

FULL 2008-09 PROGRAM SCHEDULE>>

To General W. S. Hancock
St Paul, Minnesota

Philadelphia, PA
November 6 1871

On the question of presidential ambitions, the issue is surrounded by so many difficulties, and blended so intimately with questions, not only of politics, but of party, that I have esteemed myself fortunate in being hitherto permitted to remain where I am.

Besides, certain ill-disposed persons have put it about that the Court would rule that my birth in Cadiz, Spain renders me not “native born” and hence disqualifies me, constitutionally, from seeking the highest office, as would be true had I been born on the isthmus of Panama, or in tribal lands in east Africa. Vice-presidency of the Fairmount Park Commission is sufficient preferment for myself.

As to your own position, I fear that your narrow defeat in 1868 which resulted in Seymour’s selection as democrat candidate against Grant, the galvanized republican, has shown that our people are not yet reconciled to one who believes in the principles of states' rights and limited government. Then, your public characterization of Sheridan’s interference in your Department last year as resulting in the “Baker massacre” has cemented his enmity. He is more concerned with rushing about Chicago saving his home and his friends from fire, than he is about the death of hundreds at the hands of an alcoholic. How true it is that the acorn falls not far from the tree.

Your mention of Canada in connection with the arrest of O’Neil in St Paul, and my own musings on Supreme Court involvement in presidential matters, bring to mind Vallandigham in 1863, whom I feel sure you recall. The justices were between the Scylla of the Constitution and the Charybdis of Mr. Lincoln. Chief Justice Chase sidestepped the question by making the un-surprising discovery that extra-legal tribunals were not listed amongst those over which the Supreme Court had any authority.

Democrats claimed this will permit a future administration to incarcerate citizens as well as non-citizens without protection of our Constitution. I cannot credit that any such emergency as the recent sectional conflict could arise that would require such draconian measures.

By the by, had you learned of the death of Vallandigham this past June? He was busily engaged in defending one accused of murder, and had formed the theory that the victim discharged his own gun by accident. He invited other attorneys to his hotel room, and illustrated his notion by seizing a convenient pistol, and entangling it in his clothing. The unfortunately loaded weapon performed admirably and Vallandigham shot himself to death. The client was acquitted. Grant has been heard to say that more lawyers should be encouraged to go thus far for justice.

MORE MEADE>>

Note: This is the first installment of a three-part series.

Introduction

On my mother’s German side from Western Pennsylvania, I had a great-grandfather and two of his brothers who served in Pennsylvania volunteer regiments in the Civil War. Even though the Irish on my father’s side had not yet arrived in the United States and Ohio during the Civil War, I have been interested more in the Irish-Americans who fought for the Union than the German-Americans.

In this article, I will discuss the role of the Irish in the Civil War focusing on some famous units, primarily on the Northern side but also some in the South. I will profile the three leading Irish-American military leaders of the war – Thomas Francis Meagher of the Irish Brigade and “Little” Phil Sheridan of the Union and Patrick Cleburne of the Confederacy. While “Stonewall” Jackson was of Ulster Scots-Irish stock, I am not including him. Seven Union and six Confederate generals were Irish-born. And I will discuss the conflict between Irish immigrants and Negroes which erupted in the New York City draft riots of July, 1863.

The Pre-War Irish

By the beginning of the Civil War, the United States had a considerable Irish population, mainly centered in the cities. In 1860, a quarter of New York City’s population (204,000) was Irish-born, with 22 percent (57,000) Irish-born in Brooklyn, then an independent city. The two other leading cities with large numbers of Irish-born immigrants were Philadelphia (95,000-18%) and Boston (46,000-26%). The Midwestern cities with the largest number of Irish-born immigrants were: St. Louis (19%), Chicago (18%), Detroit (14%), and Cincinnati (12%). The Southern Irish-born population was estimated to be between 85,000-175,000 in 1861. The Irish were about 25 percent of the population of New Orleans (24,398) and Memphis (4,159).

CONTINUE ARTICLE>>

From Thursday, September 25 through Sunday, the 28th, twenty-five of our members, led by president Jon Thompson, participated in the Roundtable's annual fieldtrip, this year to the hallowed ground of Gettysburg, PA.  The club's return to Gettysburg was driven in part by the ongoing work being done by the Park Service to restore the battlefield to its 1863 state, in part by the opening of the new Visitor Center there and in part by the unveiling of the freshly restored (and moved) Cyclorama.  Without cutting to the chase too quickly, let me report with some relief that those responsible for these changes have produced admirable results on all counts.  (Save, perhaps, for the funding of these many projects, but more on that later.)

Honoring the 8th Ohio

Upon our arrival in Gettysburg on Thursday afternoon, we assembled at our hotel and caravanned over to the 8th Ohio Monument on Steinwehr Avenue for a wreath laying ceremony there.  Jon distributed cards to all present listing details of individual Ohioans who served - and died - in the 8th at Gettysburg and then spoke for a few minutes on the unit's actions helping to repulse Pickett's Charge on July 3rd.  The ceremony ended with William Vodrey reading from Joshua Lawrence Chamberlain's address to a reunion of Gettysburg veterans in October, 1889:

"In great deeds something abides. On great fields something stays. Forms change and pass; bodies disappear; but spirits linger, to consecrate ground for the vision-place of souls. And reverent men and women from afar, and generations that know us not and that we know not of, heart-drawn to see where and by whom great things were suffered and done for them, shall come to this deathless field to ponder and dream; and lo! the shadow of a mighty presence shall wrap them in its bosom, and the power of the vision pass into their souls."

This reading, followed by a brief moment of silence, provided an appropriately somber and moving beginning to our visit.

CONTINUE ARTICLE>>