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Ct  It  rani  uf 

ELLA  SMITH  ELBERT  '68 

Jl«  JUnimriam 

KATKARIirE  E.  COMAN 

"THE  LITTLE  FiEL/E,"  1861-65 
My  Lohu.I  can  touch  a  bell  on  my  rigjh  hand,  and  order  the  arrest  of  a  citizen  of  0wo;  I  can 
fancb  a  bell  agtnu.  and  order  the  imprisonment  of  a  atizen  of  Newark;  and  no  power  on  earth .  except 
(bat  of  me  Presidcnt.can  release  tnem.  Can  the  Queen  of  England  do  so  much- " 


1 


Digitized  by 

the  Internet  Archive 

in  2014 

* 

https://archive.org/details/americanbastilehOOmars_0 


AMERICAN  BASTILE. 


A  HISTORY 


OF 

The  Arbitrary  Arrests  and  Imprisonment  of  American  Cit- 
izens in  the  Northern  and  Border  States,  on  account 
of  their  Political  Opinions,  during  the  late  Civil 
War,  together  with  a  Full  Report  of  the  Ille- 
gal Trial  and  Execution  of  Mrs.  Mary  E. 

SURRATT,  BY  A  MILITARY  COMMISSION,  AND 

A  Review  of  the  Testimony,  show- 
ing her  Entire  Innocence. 


JOHN   A.  MARSHALL. 


"  Bitter  things  I  write, 
Because  my  soul  is  bitter  for  your  sake, 
O  Freedom  !  "  Giusti. 


ILLUSTRATED  WITH  THE  FINEST  STEEL  ENGRAVINGS. 


PHILADELPHIA  : 

THOMAS  W.  HARTLEY  &  CO. 

No.  420  FRANKLIN  STREET. 

1884. 


Entered,  according  to  Act  of  Congress,  in  the  year  1869,  by 

JOHN  A  MARSHALL, 

In  the  Clerk's  Office  of  the  District  Court  of  the  United  States  in  and  for 
the  Eastern  District  of  Pennsylvania. 


THIS  VOLUME 

IS 

Respectfully  JIUMraUir 

TO 

THE  AMERICAN  PEOPLE 

BY 

THE  AUTHOR. 


gllttBtraiiffit^ 


Plate  I.  {Steel) 

LIBERTY  BELL  (1776)  See  Frontispiece. 

This  bell,  the  first  in  Philadelphia,  was  imported  from  England 
in  1752;  for  the  State  House,  but,  having  met  with  an  acci- 
dent in  the  trial-ringing  after  it  was  landed,  it  lost  the  tones 
received  in  the  fatherland,  and  had  to  be  conformed  to  ours 
by  a  recasting. 

The  ringing  of  this  bell  first  announced  to  the  citizens,  who 
were  anxiously  awaiting  the  result  of  the  deliberations  of 
Congress,  (which  were  at  that  time  held  with  closed  doors,) 
that  the  Declaration  of  Independence  had  been  decided 
upou  ;  and  then  it  was  that  the  bell  "Proclaimed  Liberty 
throughout  all  the  land,  unto  all  the  inhabitants  thereof." 

It  was  subsequently  cracked,  and  is  now  to  be  seen  in  Independ- 
ence Hall,  proper. 
This  picture  represents  "  Liberty." 

The  Goddess  of  Liberty,  with  her  left  hand  resting  on  a  shield 
which  supports  the  Constitution,  holds  in  her  right  hand  a 
laurel  wreath  which  she  is  about  to  place  on  the  head  of 
Washington,  as  the  apostle  of  Liberty,  who  has  thrown  at 
his  feet  the^crown  and  the  broken  sword  and  sceptre — the 
emblems  of  Royalty— of  the  tyrant,  George  III.,  at  the 
same  time  uttering  the  significant  words,  "Sic  semper  tyran- 
nis"  (Thus  it  is  always  so  with  tyrants),  when,  simultane- 
ously, the  Goddess  commands  the  bell  to  "  Proclaim  Liberty 
throughout  all  the  land,  unto  all  the  inhabitants  thereof;" 
immediately  on  the  announcement  of  which,  and  at  the 
shrill  sound  of  the  Bell,  the  dark,  thick  clouds  of  Despot- 
ism begin  to  disperse,  and  the  bright  rays  of  light  emana- 
ting from  the  Sun  of  Liberty  burst  forth  with  effulgent 
splendor,  inspiring  the  ever-watchful  Eagle,  the  emblem  of 
Liberty,  to  soar  heavenward,  bearing  in  his  beak  a  streamer 
on  which  is  inscribed,  "Liberty  throughout  all  the 

LAND,  UNTO  ALL  THE  INHABITANTS  THEREOF." 


ILLUSTRATIONS. 


iii 


Plate  II.  (Steel) 

" THE  LITTLE  BELL"  (1861-65)  Frontispiece. 

[Eighty-five  years  subsequently  to  1776.] 

This  picture  represents  "  Despotism." 

The  first  scene,  or  centre,  represents  the  private  office  of  Secre- 
tary Seward  in  the  State  Department.  The  hand  of  an  un- 
seen person,  with  the  forefinger  on  the  bell,  is  that  of  }Ym. 
H.  Seward,  whose  left  hand  contains  a  telegraphic  order  for 
the  arrest  of  a  citizen  in  a  distant  part  of  the  country, 
which  is  about  being  received  for  execution  by  the  hand  of 
an  unknown  Marshal. 

In  the  second,  or  upper  left  corner,  is  seen  the  arrest  of  the  vic- 
tim in  his  bed,  at  one,  two,  or  three  o'clock  at  night,  by  the 
Marshal,  on  the  authority  of  this  winged  messenger.  A 
guard  is  stationed  in  the  chamber  door  to  prevent  the  egress 
or  ingress  of  the  family  or  friends. 

In  the  third,  or  the  upper  right  corner,  the  same  citizen  is  seen 
in  the  custody  of  two  soldiers,  who  are  taking  him  through 
the  streets  at  night  (you  see  the  street-lamp  lighted)  to  the 
depot,  where  he  is  placed  on  the  cars  and,  after  being  car- 
ried hundreds  of  miles  from  home,  is  incarcerated  in  a  dis- 
mal casemate  of  Fort  Lafayette,  Fort  Warren,  Fort 
McHenry,  or  some  other  place  of  confinement.  This  prac- 
tice, Mr.  Seward,  the  American  Inquisitor  General,  adopted 
from  the  Spanish  Inquisition,  which  made  all  arrests  by 
night,  that  no  traces  of  the  missing  person  might  exist. 

The  fourth,  or  lower  right  corner,  presents  the  interior  of  a  cell, 
with  the  emaciated  form  of  the  victim,  sitting  on  his  pallet, 
guarded  by  a  sentinel. 

In  the  last,  or  lower  left  corner,  is  the  interior  view  of  the 
cell,  in  which  "  Liberty  in  shackles  weeps." 

This  mode  of  procedure  was  Mr.  Seward's  idea  of  a  strong  gov- 
ernment, and  hence  his  boastful  speech  to  Lord  Lyons : 

"My  LORD,  I  CAN  TOUCH  A  BELL  ON  MY  RIGHT  HAND, 
AND  ORDER  THE  ARREST  OF  A  CITIZEN  OF  OHIO  ;  I  CAN 
TOUCH  A  BELL  AGAIN,  AND  ORDER  THE  IMPRISONMENT 
OF  A  CITIZEN  OF  NeWt  YORK,  AND  NO  POWER  ON  EARTH, 
EXCEPT   THAT  OF  THE   PRESIDENT,  CAN  RELEASE  THEM. 

Can  the  Queen  of  England  do  so  much?" — Secre- 
tary Seward  to  Lord  Lyons. 


iv  ILLUSTRATIONS. 


Plate  III. 

SEAL  OF  MAGNA  CHARTA  Page  46 

Plate  IV. 

INDEPENDENCE  HALL   49 

Plate  V. 

PORTRAIT,  L.  P.  MILLIGAN  (Steel)   71 

Plate  VI. 

PORTRAIT,  MARY  B.  MORRIS  (Steer)   97 

Plate  VII 

PORTRAIT,  JAMES  W.  WALL  (Steel)   139 

Plate  VIII 

PORTRAIT,  GEO.  WM.  BROWN  (Steel)   253 

Plate  IX. 

OLD  CAPITOL  PRISON   321 

Plate  X. 

PORTRAIT,  DR.  CHAS.  MACGILL  (Steel)   360 

Plate  XI. 

FORT  LAFAYETTE,  NEW  YORK  HARBOR   509 

Description  of,  see  pages  652-53. 

Plate  XII 

FORT  WARREN,  BOSTON  HARBOR   642 

Description  of,  see  page  687. 

Plate  XIII 

PORTRAIT,  C.  L.  VALLANDIGHAM  (Steel)   712 

Plate  XIV 

FINE  MAP,  showing  the  routes  of  Booth  and  the  Detec- 
tives, and  the  place  where  Booth  was  shot  and 
Harold  captured   757 

Plate  XV. 

PORTRAIT,  M.  E.  SURRATT  (Steel)   763 

Plate  XVI. 


F AC-SIMILE  OF  THE  KEY  OF  THE  BASTILE,  PARIS... 846 

Description  of,  see  page  17. 


TO  THE  READER. 


THE   importance  of  the   subject   required   that  some  one 
should  write  a  history  of  "  The  Prisoners  of  State  " 
during  the  Administration  of  the  late  President  Lincoln. 

This  was  due  to  the  Muse  of  History — to  "  The  Prisoners  of 
State" — to  Posterity — and  to  the  Country. 

By  a  resolution  of  a  Convention  of  "The  Prisoners  of 
State,"  held  in  the  city  of  New  York,  the  Author  was  selected 
the  Historian  of  the  "Association  of  State  Prisoners." 

This  work,  therefore,  comes  before  the  public  in  an  authentic 
form. 

It  has  been  impartially  prepared,  and 

"  Will  a  round,  unvarnished  tale  deliver." 

 "  Nothing  extenuate, 

Nor  set  down  aught  in  malice." 

Everything  appertaining  to  the  history  of  our  country — her 
institutions — the  sovereignty  of  her  people — her  liberties — her 
progress,  and  her  destiny — must  necessarily  interest  the  American 
citizen. 

The  liberty  of  the  citizen  is  the  great  prop  of  Free  Gov- 
ernment. 

The  reader  will  at  once  see  the  importance  of  putting  on 
record  the  facts  detailed  in  this  volume,  while  they  are  fresh  in 
the  minds  of  the  people. 

As  a  matter  of  history,  how  interesting,  not  only  to  the  reader 
of  to-day,  but,  also,  to  the  youth  of  the  country,  for  generations 
to  come ! 

T 


VI 


TO    THE  READER. 


This  work  contains  an  authentic  account  of  the  Arrest, 
Imprisonment,  and  Terrible  Sufferings  of  American  Citizens 
incarcerated  as  Prisoners  of  State;  together  with  the  Orders 
for  Arrest,  Suspending  the  Writ  of  Habeas  Corpus,  Prohibiting 
the  Employment  of  Counsel,  etc.,  etc. 

The  horrors  of  prison-life  in  Forts  Lafayette,  Warren, 
McHenry,  Delaware,  Mifflin,  Old  Capitol  Prison,  Penitenti- 
aries, and  Military  Camps,  and  their  condition,  are  truthfully 
delineated. 

The  book  contains  Preface,  Introduction,  translated  copy 
of  the  Magna  Charta,  with  its  Seal ;  the  Constitution  of  the 
United  States,  with  the  recent  Amendments;  History  and 
Incidents  of  the  Old  Capitol  Prison;  together  with  narra- 
tives of  about  seventy  citizens,  from  all  of  the  Northern  States, 
except  New  Hampshire,  Rhode  Island,  and  Wisconsin,  in- 
cluding in  the  number  Foreign  Ministers,  United  States 
Senators,  Members  of  Congress,  Members  of  State  Legisla- 
tures, Judges,  Lawyers,  Ministers,  Doctors,  Farmers,  Editors, 
Merchants,  Ladies,  and  indeed  all  the  walks  of  life  are  repre- 
sented. 

It  is,  in  addition,  embellished  with  a  number  of  the  finest 
Steel  Engravings  and  Portraits.  The  frontispiece  is  ornamented 
with  "  Liberty  Bell,"  and  "  The  Little  Bell,"  while  pictures  of  the 
State  House,  Philadelphia ;  Fort  Warren,  Boston  Harbor ;  Fort 
Lafayette,  New  York  Harbor ;  Old  Capitol  Prison,  Washington  ; 
and  the  "  Key  of  the  Bastile,"  Paris,  illustrate  other  portions  of 
the  work. 

J.  A.  M. 


This  book  sold  only  by  subscription. 


CONTENTS. 


Preface,   11 

Introduction,   25 

Magna  Charta,  35 

Constitution  of  the  United  States,  with  Amendments,  49 
Colonel  Lambdin  P.  Milligan,  Huntington,  Indiana,  .  71 
Rev.  K.  J.  Stewart,  Spottswood,  New  Jersey,  .  .  ,92 
Mrs.  Mary  B.  Morris,  Chicago,  Illinois,     ....  97 

Hiram  Wentworth,  Minnesota,  107 

Hon.  Francis  D.  Flanders,  Malone,  New  York,  .  .  Ill 
Judge  Joseph  R.  Flanders,  Malone,  New  York,  .  .  .111 
Archibald  McGregor,  Canton,  Ohio,       ....  117 

Hon.  L.W.  Hall,  Bucyrus,  Ohio,  125 

Joseph  Kugler,  Hunterdon  County,  New  Jersey,      «       .  127 

Hon.WM.  H.  Carlin,  Quincy,  Illinois,  129 

Hon.  Chas.  Ingersoll,  Philadelphia,  Pennsylvania,  .  .  134 
Edward  Ingersoll,  Philadelphia,  Pennsylvania,  .  .  .  134 
Hon.  James  W.  Wall,  Burlington,  New  Jersey,  .      .      •  139 

Hon.  Robert  Elliott,  Freedom,  Maine,  153 

Rev.  Robert  Douglas,  Washington  County,  Maryland,  .  156 
Captain  H.  L.  Shields,  Bennington,  Vermont,  •  .  .  165 
Warren  J.  Reed,  Whitelysburg,  Delaware,  .  .  .  168 
Israel  Blanchard,  M.  D.,  Carbondale,  Illinois,  .  .  .  174 
Dennis  Hickey,  Chester  County,  Pennsylvania,  .  .  .  180 
Rev.  Judson  D.  Benedict,  Aurora,  New  York,  .  .  .  183 
Isaac  C.  W.  Powell,  Esq.,  Easton,  Maryland,    ...  206 

James  Corban  Naylor,  Winterset,  Iowa  213 

Hon.  Phtneas  C.  Wright,  New  York  City,  New  York,  .  218 
Hon.  Richard  H.  Stanton,  Maysville,  Kentucky,  .      .  .236 

vh 


viii 


CONTENTS. 


PA61 

James  H.  Hall,  Maysville,  Kentucky,       .      .  .  236 

Washington  B.  Tolle,  Maysville,  Kentucky,  .  236 
Benjamin  F.  Thomas,  Maysville,  Kentucky,  .  236 

William  Hunt,  Maysville,  Kentucky,  236 

Isaac  Nelson,  Maysville,  Kentucky,  -  236 
George  Forrester,  Maysville,  Kentucky,     ....  236 

Wm.  T.  Castoe,  Maysville,  Kentucky,  236 

John  W.  Smith,  St.  Louis,  Missouri,  242 

General  Wm.  Brindle,  Lecompton,  Kansas,       .       .      .  245 
John  T.  Gilmer,  M.  D.,  Adams  County,  Illinois,     .       .      .  249 
John  H.  Cook,  Philadelphia,  Pennsylvania,        .       .       .  251 
Hon.  Geo.Wm.  Brown,  Baltimore,  Maryland,        .       .       .  253 
A.  B.  Hewitt,  M.  D.,  Chatham,  Illinois,      ....  266 

Wm.  H.  Winder,  Philadelphia,  Pennsylvania,        .       .       .  268 
C.  F.  Rust,  Seaford,  Delaware,     ......  290 

Hon.  Andrew  D.  Duff,  Benton,  Illinois,       ....  293 

Invasion  of  Columbia  County,  Pennsylvania,  .  .  .  303 
Wm.  Appleman,  Columbia  County,  Pennsylvania,  .  .  .  308 
Rev.  A.  R.  Rutan,  Fairmount,  Pennsylvania,      .      .  .312 

P.  S.  Reeder,  Chesterfield,  Illinois,  317 

Old  Capitol  Prison,  History  and  Incidents  of,  .  .  .  321 
Lieutenant  McClune,  York,  Pennsylvania,  ....  324 
J.  W.  Packard,  North  Bridgewater,  Massachusetts,  .  .  358 
Chas.  Macgill,  M.  D.,  Hagerstown,  Maryland,  .  .  .  360 
General  Geo.  W.  Jones,  Dubuque,  Iowa,  ....  375 
Samuel  H.  Bundy,  M.  D.,  Williamson  County,  Illinois,  .  .  385 
John  Apple,  Philadelphia,  Pennsylvania,  ....  400 
Hon.  Dennis  A.  Mahony,  Dubuque,  Iowa,  ....  403 
Cyrus  F.  Sargent,  Yarmouth,  Maine,       ....  417 

Joseph  K.  Evans,  Winterset,  Iowa,  421 

William  Evans,  Madison  County,  Iowa,  ....  422 
David  McCarty,  Madison  County,  Iowa,       ....  423 

JonN  H.  Porter,  Winterset,  Iowa,  423 

Joseph  W.  Gideon,  Winterset,  Iowa,     .       .       .      .  -    .  424 

V.  M.  GlDBON,  Winterset,  Iowa,  424 

James  Keith,  Madison  County,  Iowa,  424 

Hon.  Rtcha  rd  B.  Carmichael,  Queen  Anne  County,  Maryland  426 
Jam  km  M.  Williams,  Spring  Garden,  Illinois,  .  .  .449 
Hon.  David  Sheean,  Galena,  Illinois,        ....  451 


CONTENTS.  ii 

PAOB 

Geo.  W.  Wilson,  Upper  Marlboro',  Maryland,  .  .  .  463 
J.  Blake  Walters,  Esq.,  Clearfield,  Pennsylvania,  .  .  465 
Major  Jacob  Wilhelm,  Grahampton,  Pennsylvania,  .  472 
Jacob  Hubler,  GraHampton,  Pennsylvania,  ....  478 
Tnos.  W.  Berry,  Esq.,  Baltimore,  Maryland,  .  .  .  482 
Rev.  David  R.  Mc Anally,  D.  D.,  St.  Louis,  Missouri,  .  .  487 
Ormond  Barrett,  Harrisburg,  Pennsylvania,  .  .  .  501 
Thos.  C.  MacDowell,  Harrisburg,  Pennsylvania,  .  .  ,501 
J.  Montgomery  Foster,  Harrisburg,  Pennsylvania,  .      .  501 

M.  J.  Jones,  Harrisburg,  Pennsylvania,  501 

Philip  Hilbish,  Snyder  County,  Pennsylvania,  .  .  ,  504 
Hon.  Madison  Y.  Johnson,  Galena,  Illinois,  ....  509 

Mrs.  Isabel  Brinsmade,  New  York,  511 

The  Maniac,  Baltimore,  Maryland,  514 

George  A.  Hubbell,  Bridgeport,  Connecticut,  .  .  .  536 
Walter  S.  Hawkes,  Tamaroa,  Illinois,  .....  538 
Rev.  Henry  M.  Paynter,  Booneville,  Missouri,  .  .  .  540 
D.  C.  Wattles,  North  Branch,  Michigan,  ....  558 
Colonel  Saml.  North,  Otsego  County,  New  York,      .      .  559 

Major  Levi  Cohn,  Albany,  New  York,  559 

Lieutenant  Morven  M.  Jones,  Utica,  New  York,      .      .  559 

H.  W.  Newland,  Benton,  Illinois,  580 

Major  J.  J.  Noah,  Minnesota,  582 

Hon.  Edson  B.  Olds,  Lancaster,  Ohio,  586 

John  E.  Robinson,  Philadelphia,  Pennsylvania,  .  .  .  606 
Joseph  C.  Wright,  French  town,  New  Jersey,        .      .  .613 

Hon.  Wm.  M.  Gwin,  California,  616 

Hon.  Calhoun  Benham,  California,  616 

Robt.  J.  Brent,  Esq.,  California,  .  .  .  .  .616 
Prof.  Robt.  W.  Newman,  Peekskill,  New  York,  .  .  .621 
Hon.  Buckner  S.  Morris,  Chicago,  Illinois,  •  .  .  624 
Aaron  Morton,  Maytown,  Pennsylvania,  ....  629 
Jacob  G.  Peck,  Maytown,  Pennsylvania,  ....  630 
Benjamin  Markley,  Maytown,  Pennsylvania,  .  .  .  630 
Henry  Lynch,  Marietta,  Pennsylvania,  ....  631 
Hon.  Henry  Clay  Dean,  Mount  Pleasant,  Iowa,  .  .  .632 
Frank  Key  Howard,  Esq.,  Baltimore,  Maryland,  .  .  642 
Hon.  Clement  L.  Vallandigham,  Dayton,  Ohio,  .  .  .712 
A.  Lincoln,  J.  W.  Booth,  M.  E.  Surratt,        .  .  752 

Conclusion,  842 

Appendix,  847 


PREFACE. 


Author.    "Walls  in ! 

Judge  H.  Good  evening,  sir.  I  am  glad  to  find  you,  as 
asual,  surrounded  by  home-comforts  —  books,  manuscripts, 
and  papers  appear  to  be  your  evening  companions. 

Author.  I  am  happy  to  welcome  you,  Judge  H.  Pray, 
be  seated. 

Judge  H.  Thank  you,  sir.  "What  books  were  you  so 
attentively  examining  when  I  entered  ? 

Author.  I  was  comparing  three  important  documents  — 
the  Magna  Charta,  the  Declaration  of  Independence,  and 
the  Constitution  of  the  United  States.  The  Magna  Charta 
secured  Personal  Liberty,  the  Declaration  proclaimed  it,  and 
the  Constitution  guaranteed  it ;  and  yet,  notwithstanding 
the  experience  and  progress  of  more  than  six  hundred  years, 
they  have  been  totally  disregarded  of  late  in  our  own  coun- 
try, which  boasts  so  much  of  personal  rights  and  personal 
liberty. 

Judge  H.  That  is  true,  sir.  The  Constitution  is  the  chart 
by  which  every  Administration  ought  to  be  guided  ;  but  I 
regret  to  say  —  both  for  the  reputation  and  stability  of  our 
Government —  it  has,  of  late,  been  a  "  dead  letter." 

Author.  Do  you  think,  Judge,  the  people  are  aware  to 
what  extent  their  rights  have  been  lately  trampled  upon,  aud 
their  liberties  disregarded  ? 

Judge  H.    I  have  the  utmost  confidence  in  the  judgment 


xii 


P  E  E  F  A  C  E. 


and  patriotism  of  the  people^  They  are  not  blind,  nor  are 
they  listless ;  yet,  I  think,  they  sometimes  act  without  con- 
sidering. They  are  carried  away  by  their  enthusiasm  in 
the  support  of  measures,  the  consequences  of  which  they  do 
not  see  until  it  is  too  late  to  redress  the  wrong  committed. 
This,  however,  cannot  exactly  be  said  to  be  the  fault  of  the 
people.  They  are  deluded  by  leaders,  without  merit  or  claim, 
who  have  accidentally  been  wafted  into  position  —  mere  ad- 
venturers, who  have  nothing  to  lose,  and  who  are  as  igno- 
rant of  the  science  of  government  as  they  are  careless  of 
preserving  what  little  reputation  they  possess  —  in  a  word, 
by  men  who  have 

"Skulls  that  cannot  teach,  and  will  not  learn." 

The  people  do  not  even  yet  know  the  crimes  that  have  been  com- 
mitted in  the  name  of  Liberty. 

Author.  Liberty,  in  the  better  days  of  our  Republic,  was 
the  birthright  of  the  American  citizen.  What  guarantee 
has  he  that  he  will  be  protected  in  this  fireside  right  in  the 
future,  if  we  may  judge  the  future  by  the  past  ?  "When  the 
Constitution  is  despoiled  of  the  altar  of  Liberty,  in  what 
temple  can  Freedom  worship  ? 

Judge  H.  With  us  Liberty  has  no  protective  guarantees. 
A  Seward  may  again  ring  his  "little  bell,"  and  secretly 
hurry  the  citizen  from  the  family  circle  to  the  loathsome 
casemate  by  the  strong  arm  of  arbitrary  power,  and  what 
redress  has  he?  What  becomes  of  the  old  English  maxim, 
M  Kvcry  man's  house  is  his  castle  ?  " 

Author.  Did  you  ever  mark  the  contrast  in  the  senti- 
ments uttered  by  William  H.  Seward,  Secretary  of  State 
and  William  Pitt,  Prime  Minister  cf  England? 


PREFACE. 


xiii 


In  conversation  with  Lord  Lyons,  Mr.  Seward  said,  u3Iy 
lord,  lean  touch  a  bell  on  my  right  hand,  and  order  the  arrest 
of  a  citizen  of  Ohio;  lean  touch  a  bell  again,  and  order  the  im- 
prisonment of  a  citizen  of  New  York ;  and  no  power  on  earth, 
except  that  of  the  President,  can  release  them.  Can  the  Queen 
of  England  do  so  much  ?  99 

The  Earl  of  Chatham  said : 

"The  poorest  man  in  his  cottage  may  bid  defiance  to 

ALL  THE  POWER  OF  THE  CROWN.  It  MAY  BE  FRAIL  ;  ITS  ROOF 
MAY  SHAKE  ;  THE  WIND  MAY  BLOW  THROUGH  IT  ;  THE  STORM 
MAY  ENTER  ;  THE  RAIN  MAY  ENTER  ;  BUT  THE  KlNG  OF  ENG- 
LAND CANNOT  ENTER:  ALL  HIS  POWER  DARES  NOT  CROSS  THE 
THRESHOLD  OF  THA.T  RUINED  TENEMENT." 

Here  we  have  presented  the  difference  between  the  liberties 
of  the  American  citizen,  and  the  rights  of  the  English  subject 
Judge  H.    Yes,  it  presents  a  melancholy  picture. 

"He  that  takes 
Deep  in  hie  soft  credulity  the  stamp 
Designed  by  loud  declaimers  on  the  part 
Of  liberty,  themselves  the  slaves  of  lust, 
Incurs  derision  for  his  easy  faith 
And  lack  of  knowledge,  and  with  cause  enough : 
For  when  was  public  virtue  to  be  found 
Where  private  was  not?    Can  he  love  the  whole 
Who  loves  no  part?    He  be  a  nation's  friend 
Who  is  in  truth  the  friend  of  no  man  there? 
Can  he  be  strenuous  in  his  country's  cause 
Who  slights  the  charities,  for  whose  dear  sake 
That  country,  if  at  all,  must  be  beloved?" 

It  is  to  be  hoped  that  the  men  in  power,  who  have  abused 
the  confidence  of  the  people,  will  soon  be  displaced. 
Author.   Your  language  in  reference  to  "abusing  the 


XIV  PREFACE. 

confidence  of  the  people,"  reminds  me  very  forcibly  of  that 
uttered  by  Cicero,  in  his  celebrated  speech  against  Catiline, 
in  which  he  says:  "How  far,  then,  Catiline,  wilt  thou  abuse 
our  patience?  How  long,  too,  will  that  frantic  wickedness 
of  thine  baffle  our  efforts?  To  what  extent  will  thy  un- 
bridled audacity  insolently  display  itself?" 

Judge  H.  Yes,  and  the  same  language  might  have  been 
appropriately  used  in  our  own  country  during  the  late  Ad- 
ministration. 

Author.  I  think  it  would  have  been  quite  apropos,  for 
there  were  then  in  our  midst  many  Catilines.  Then  Liberty 
was  the  synonyme  of  Fort.  Could  but  the  walls  of  Fort  La 
Fayette  —  of  Fort  Warren  —  of  Fort  McIIenry  speak,  what 
untold  wrongs  of  vindictive  persecution  would  the  American 
people  hear  from  those  dark,  damp,  loathsome  casemates! 
But  a  day  of  retribution  will  come,  must  come.  Crimes  and 
criminals  never  go  unpunished.  The  wail  of  the  mother  — 
the  grief  of  the  wife  —  or  the  cry  of  the  daughter  may  be 
suppressed  for  the  time,  by  the  gleaming  bayonets  of  an 
obedient  soldiery ;  but  retributive  justice  will  follow  him  who 
robs  the  citizen  of  his  liberty,  even  unto  the  very  precincts  of 
the  cold  and  silent  grave ;  conscience  will  smite  him  on  earth, 
and  he  will  exclaim : 

"The  thorns  that  I  have  reaped,  are  of  the  tree  I  planted. 
They  have  torn  me,  and  I  bleed  1" 

Judge  II.  Some  day  the  history  of  the  political  imprison 
menta  during  the  late  Administration  will  be  written,  and 
wh&t  a  sad  chapter  to  be  read  by  posterity!  It  makes  my 
heart  weep  to  think  that  in  this  land  of  so-called  liberty 
there  has  been  so  much  oppression.  We  can  no  longer  point 
to  the  Bastiles  of  France  —  the  Towers  and  castles  of  Eng. 


PREFACE. 


XV 


laud,  as  "  barbarous  relics  of  a  barbarous  age."  The  Ame- 
rican Bastile  is  now  identified  with  the  institutions  of  our 
country.  Here  the  word  of  the  informer  was  the  law  —  the 
sound  of  the  "little  bell"  the  signal  —  and  the  telegraph  tht 
messenger.  Citizens  were  arrested  by  thousands,  and  incar- 
cerated without  warrant.  Judges  were  torn  from  the  bench, 
bruised  and  bleeding.  Ministers  of  the  Gospel,  while  per- 
forming the  sacred  and  holy  duties  of  their  offices,  were 
stricken  down,  dragged  through  the  streets,  and  imprisoned. 
Women  were  incarcerated,  and  subjected  to  insult  and  out- 
rage. Doctors  were  ruthlessly  taken  from  the  bedside  of  the 
dying  patient,  and  immured  for  months  without  warrant, 
and  lawyers  arrested  and  consigned  to  the  same  cells  with 
their  clients,  whose  release  they  were  endeavoring  to  effect. 
Post-offices  were  searched ;  newspapers  seized  and  suppressed, 
while  the  editors  were  handcuffed  and  secretly  hurried  to 
prison.  The  writ  of  Habeas  Corpus  was  a  blank,  and  all  our 
inheritable  rights,  "poor,  poor,  dumb  mouths." 

Author.  Nor  was  that  all.  The  citizen  was  not  only  de- 
nied the  great  bulwark  of  personal  liberty  —  the  writ  of 
Habeas  Corpus  —  but  even  the  guns  upon  the  ramparts  of 
Btrongly  garrisoned  fortresses,  placed  there  to  defend  the 
Citadel  of  Liberty  against  a  foreign  enemy  without,  were 
used  to  prevent  the  execution  of  the  writ  to  effect  the  re- 
lease of  the  citizen  incarcerated  within,  and  derisively  called 
the  "  Habeas  Corpus."    What  solemn  mockery ! 

Judge  H.  Yes,  the  civil  law  was  powerless,  while  military 
law  ruled  supreme.  The  citizen  was  utterly  helpless.  His 
liberty  and  life  were  in  the  hands  of  a  reckless  military  com- 
mission, or  an  obedient  Secretary,  who  had  neither  conscience 
uor  mercy 


xvi 


PREFACE. 


Author.  Ay,  it  makes  one  sad  to  think  there  was  such 
an  useless  disregard  of  all  personal  rights.  A  Government 
so  young  should  protect  the  liberties  of  the  people,  for  disso- 
lution will  soon  follow  tyranny  in  a  free  government. 

Judge  H.  How  would  you  like  to  write  a  history  of  the 
political  imprisonments  during  the  Administration  of  the 
late  Mr.  Lincoln  ? 

Author.  My  dear  Judge,  I  should  prefer  to  write  a 
brighter  page  in  the  history  of  my  country. 

Judge  H.  That  is  true.  But  do  you  not  think  it  is  a 
duty  we  owe  to  our  count ry,  as  good  citizens,  to  give  the 
facts  to  the  people,  show  them  that  they  have  been  misin- 
formed and  deceived,  and  thus,  if  possible,  prevent  a  repeti- 
tion of  like  encroachments  upon  their  chartered  rights? 

Author.  Do  you  not  think  the  prejudices  of  those  who 
ought  to  listen,  are  so  strong  that  they  would  turn  a  deaf 
ear  to  the  truth  ? 

Judge  H.  No.  On  the  contrary,  I  believe  a  large  portion 
of  the  Republican  party  was  opposed  to  the  illegal  arrests 
of  citizens,  and  regret  that  such  a  course  of  arbitrary  power 
was  exercised. 

Author.  I  should  think  so  too ;  for  the  name  of  "  Bas- 
tile,"  in  free  America,  involuntarily  carries  us  back  tc  the 
French  Revolution,  where  crimes  untold  were  committed, 
as  in  our  own  country,  in  the  name  of  liberty. 

Judge  II.  Can  you  give  me  a  short  history  of  the  Bastile 
in  Paris  ?  I  know  it  was  demolished,  but  I  have  forgotten 
the  facts  in  connection  with  it. 

Author.  I  will  endeavor  to  do  so ,  but  you  will  excuse 
me,  Judge,  if  you  find  me  a  little  rusty.  The  Fortress  of 
the  Bastile,  I  think,  was  erected  in  the  fourteenth  century, 


PREFACE. 


(in  the  reign  of  Charles  V.,)  about  the  time  the  city  was 
surrounded  by  walls  and  ditches,  to  defend  it  from  the  incur- 
sion* of  the  English.  It  was  then  in  the  fashionable  quarter 
of  the  city.  About  the  year  1594,  Henri  II.  received  a 
wound,  in  tilting  at  a  tournament,  from  the  Comte  de  Mont- 
gomery, and  in  consequence  of  the  death  of  Henri  from  this 
wound,  Catherine  de  Medicis  deserted  this  quarter,  and  in 
later  years  the  Fortress  of  the  Bastile  was  used  only  as  a 
state  prison.  Like  most  edifices  of  this  nature,  it  became 
odious  in  the  sight  of  the  people,  "  and  as  the  receptacle  of 
individuals  arrested  by  virtue  of  Lettres  de  Cachet,  was  the 
scene  of  many  memorable  abuses  of  authority."  It  was  con- 
sequently against  this  monument  of  arbitrary  power  that  the 
people  directed  the  attack  in  1789.  They  captured  it,  and 
liberated  the  many  unhappy  and  unfortunate  victims  therein 
confined.  It  was  afterwards  totally  demolished  by  a  decree 
of  the  National  Assembly.  On  its  site  stands  the  Column 
July,  an  ornament  of  the  city  of  Paris,  and  an  index  to  the 
progress  and  civilization  of  the  times.  One  part  of  this 
column  is  devoted  to  commemorate  the  names  of  those  who 
fell  in  the  taking  of  the  Bastile,  and  the  other  to  those  who 
were  killed  on  the  spot  in  July,  1830.  When  I  stood  at  the 
base  of  this  column  in  1859,  1  thought  of  the  presentation 
of  the  key  of  the  Bastile  by  La  Fayette  to  Washington. 

The  key  was  placed  in  the  hands  of  La  Fayette,  who  for- 
warded it,  through  Thomas  Paine,  an  American  in  London, 
as  a  present  to  Washington,  together  with  a  drawing  repre- 
senting the  destruction  of  the  prison.  In  the  letter  to  Wash- 
ington, accompanying  the  gift,  the  Marquis  says: 

"  Give  me  leave,  my  dear  general,  to  present  you  with  a 

picture  of  the  Bastile,  just  as  it  looked  a  few  days  after  I 
2 


xviii 


PREFACE. 


ordered  its  destruction,  with  the  main  key  of  the  fortress  of 
despotism.  It  is  a  tribute  which  I  owe  as  a  son  to  ray 
adopted  father,  as  an  aide-de-camp  to  my  general,  as  a  mis- 
sionary of  liberty  to  its  patriarch." 

Mr.  Thomas  Paine  forwarded  from  London  the  drawing 
and  key,  accompanied  by  a  letter,  in  which  he  said : 

44  I  feel  myself  happy  in  being  the  person  through  whom 
the  Marquis  has  conveyed  this  early  trophy  of  the  spoils  of 
despotism,  and  first  ripe  fruits  of  American  principles  trans- 
planted into  Europe,  to  his  great  master  and  patron  

"  That  the  principles  of  America  opened  the  Bastile  is  not 
to  be  doubted,  and,  therefore,  the  key  comes  to  the  right 
place." 

Washington  wrote  to  La  Fayette : 

"  I  received  your  affectionate  letter  by  one  conveyance,  and 
the  token  gained  by  liberty  over  despotism,  by  another ;  for 
both  which  testimonials  of  your  friendship  and  regard,  I  pray 
you  to  accept  my  sincerest  thanks.  In  this  great  subject  of 
triumph  for  the  New  World,  and  for  humanity  in  general,  it 
will  never  be  forgotten  how  conspicuous  a  part  you  bore,  and 
how  much  lustre  you  reflected  on  a  country  in  which  you 
made  the  first  displays  of  your  character." 

It  has  been  eloquently  and  truthfully  said : 

44  The  key  was  hung  in  Mount  Vernon  as  a  memento  of 
the  triumph  of  American  principles  of  liberty  in  France,  and 
an  emblem  of  their  all-pervading  vigor  in  our  own  country. 
What  a  melancholy  retrospect  for  the  American  ekizcn! 
The  Bastile  is  crumbled  in  France,  but  the  principles  of  des- 
potism that  reared  it  are  transplanted  into  America,  and  im- 
press the  character  of  the  very  fortress  named  after  its  illus- 
trious destroyer.    The  Bastile  is  here.    If  the  spirits  of 


PREFACE. 


xix 


the  -mighty  dead  ever  mingle  with  the  destinies  of  the  living, 
how  must  the  groans  of  anguish  wafted  up  to  Heaven  from 
that  prison,  fall  on  the  mighty  spiritR  of  the  immortal  Wash- 
ington and  Lafayette?  That  key  still  hangs  in  the  hallowed 
shades  of  Mount  Vernon,  an  Emblem  of  Liberty." 

J udge  H.  Do  you  not  think  the  arbitrary  power  exercised 
daring  the  Administration  of  Mr.  Lincoln,  will  have  a  dam- 
aging effect  upon  the  influence  of  free  institutions  abroad, 
and  that  we  had  better  protect  the  liberty  of  the  citizen  at 
home,  before  we  attempt  to  transplant  it  into  other  countries? 

Author.  The  encroachments  upon  the  personal  rights  of 
American  citizens,  during  the  Administration  of  President 
Lincoln,  would  not  inspire  one  with  the  idea  that  we  had 
much  of  liberty  to  lose,  or,  at  least,  be  in  a  condition  to  trans- 
plant  it  into  other  countries,  or  among  other  peoples.  Far 
better  would  it  be,  to  inscribe  on  the  brow  of  the  Goddess  of 
Liberty,  over  the  dome  of  the  Capitol  at  Washington,  the 
ancient  inscription  over  the  entrance  into  the  Temple  of 
Apollo,  at  Delphi  —  "Know  Thyself,"  than  attempt  to 
preach  liberty  abroad,  when  we  do  not  enjoy  it  at  home. 
Let  our  citizens  be  protected  by  constitutional  liberty  at 
home,  and  then  you  may  sow  the  seeds  of  freedom  of  speech  — 
freedom  of  the  press  —  and  freedom  of  thought  —  throughout 
the  world  if  you  choose ;  but  so  long  as  our  own  soil  is  so 
poor  that  liberty  will  not  germinate  and  fructify  iu  it  —  or, 
if  it  does  take  root,  is  so  feeble  as  to  be  swept  away  by  the  first 
under-current,  then  the  less  we  boast  about  American  Liberty, 
under  an  American  Constitution,  the  better  for  our  reputa- 
tion and  the  cause  for  which  our  forefathers  contended. 

Judge  H.  The  people  ought  to  know  wherein  they  have 
heen  robl)ed  of  their  liberties,  and  by  whom.    You  know  it 


IX  PREFACE. 

was  the  fear  of  the  Roman  citizen  tha:  his  libeity  was  in 
danger  that  caused  the  assassination  of  Caesar. 

Author.  That  was  the  excuse  of  the  conspirators.  The 
mere  presentation  of  a  crown  to  Caesar,  at  the  Lupercal,  how- 
ever, did  not  justify  the  deed,  for  he  had  thrice  refused  it. 
The  liberty  of  the  Roman  citizen  was  not  in  danger,  nor  had 
any  as  yet  been  deprived  of  it.  But  in  our  country  the  case 
was  quite  different,  for  our  citizens  were  robbed  of  their 
liberties ;  and  I  agree  with  you,  the  people  ought  to  know 
why,  and  by  what  authority  they  have  been  deprived  of 
their  constitutional  rights. 

Judge  H.  What  method  would  you  adopt  to  let  them 
know  the  extent  of  the  wrongs  they  have  endured  ? 

Author.  The  most  truthful,  and,  I  should  think,  the  most 
effectual  method,  would  be  to  publish  a  history  of  the  indi 
vidual  cases  of  some  of  those  who  have  suffered.  In  addi- 
tion to  this,  I  would  publish  a  translated  copy  of  the  Magna 
Charta,  a  document  which  should  be  dear  to  every  American 
freeman ;  and  besides,  it  would  be  a  great  curiosity  to  the 
American  reader,  for  I  do  not  think  it  has  been  published 
more  than  three  or  four  times  in  this  country.  No  one  who 
could  secure  a  copy  of  the  Great  Charter  —  the  Keystone  of 
English  Liberty  —  would  neglect  the  opportunity.  I  have 
Been  the  original  manuscript  in  the  British  Museum,  in  Lon- 
don. It  is  written  in  Latin,  and  is  considered  a  great  curi- 
osity. Accompanying  it,  of  course,  would  be  its  offspring  — 
the  Constitution  of  the  United  States,  with  the  recent  amend- 
ments to  it.  No  man,  of  whatever  political  creed,  should  be 
without  a  copy  of  the  Constitution,  because  it  is  as  necessary 
for  him  to  know  its  teachings,  to  understand  his  civic  rights 
on  earth,  as  it  is  important  for  him  to  study  the  precepts  of 


PREFACE.  XXI 

0 

the  Bible  to  aid  hi  in  in  his  preparation  for  heaven.  Then  I 
would  illustrate  the  book  with  "  Independence  Bell,"  with  its 
inscription ;  Mr.  Seward's  "  little  bell/'  with  the  hand  of 
an  unseen  person  touching  it ;  u  Independence  Hall,"  where 
the  Declaration  of  Independence  waB  adopted  and  proclaimed ; 
and  the  "  Old  Capitol "  at  Washington,  now  demolished, 
where  Congress  (after  the  destruction  of  the  Capitol  by  the 
British,  in  1814,)  met,  but  more  recently  used  for  the  incar- 
ceration of  Prisoners  of  State,  together  with  some  of  the 
Forts  in  which  thousands  of  citizens,  torn  from  their  families, 
without  warrant  or  charge,  and  secretly  hurried  away  from 
their  homes,  were  immured  for  months  and  years,  in  damp, 
dungeon  casemates.  While  all  these  things  would  be  inter- 
esting to  the  reader,  some  of  them  would  reveal  secrets  in 
the  history  of  the  Government  which  would  astonish  him. 

Judge  H.  You  astonish  me,  and  have  excited  my  desire 
to  see  such  a  book.  I  am  entirely  ignorant  of  many  things 
of  which  you  have  talked  to-night.  Such  a  work  would  be 
very  instructive,  and  more  interesting  than  any  book  that  has 
ever  been  published  in  this  country.  It  would  be  bought  and 
read  by  every  man  and  woman  who  can  read  the  English 
language.    What  would  you  call  it  ? 

Author.    The  "American  Bastile." 

Judge  H.  Now  I  not  only  request,  but  urge  you  to  pub- 
lish such  a  book. 

Author.  But  I  have  already  said  I  would  prefer  to  write 
a  brighter  page  in  my  country's  history. 

J udge  H.  So  would  a  judge  rather  not  sentence  a  criminal 
to  death. 

Author.  I  will  undertake  then,  though  reluctantly  to  do 
what  you  suggest  —  write  a  history  of  the  cases  of  State 


Prisoners.  Your  advice  to  me  has  always  been  good  ;  and 
while  I  undertake  this  work,  it  will  be  for  the  public  good. 
It  will  be  for  the  purpose  of  preventing,  in  future,  a  repetition 
of  the  errors  and  crimes  committed  in  the  past,  and  to  aid 
in  the  preservation  of  those  rights,  liberties,  and  franchises 
transmitted  to  us  by  the  fathers  of  the  Republic,  to  be  pro- 
tected, defended,  and  guarded  by  us,  as  a  sacred  trust. 
•  Judge  H.  I  am  heartily  glad,  my  dear  sir,  that  you  have 
acceded  to  my  suggestions,  and  hope  the  history  you  write 
Will  find  a  place  on  the  shelf  of  every  public  and  private 
library  in  our  common  country.  It  will  not  exhibit  the 
bright  side,  but  it  may  be  the  means  of  guarding  the  people 
against  a  repetition  of  the  offences  and  wrongs  committed  in 
the  past,  and  forewarn  them,  in  the  language  of  the  Fathei 
of  his  Country,  to  "  resist  with  care  the  spirit  of  innovation 
upon  the  principles  of  our  government,  however  specious  the 
pretext." 

Author.  I  thank  you,  my  dear  Judge,  for  the  many  kind 
suggestions  you  have  made  to  me  to-night,  and  trust  they 
are  fully  appreciated.  Your  kindness  is  proverbial ;  your 
earning  acknowledged ;  and  your  patriotism  undoubted. 
Your  disinterested  friendship  and  advice  to  me  have  been  in- 
valuable, and  I  hope  I  may  continue  in  the  future  to  merit 
your  confidence  and  regard. 

Judge  H.  It  will  always  give  me  pleasure  to  promote 
your  individual  interests ;  but  my  advice  to  you,  to-night,  has 
been  more  concerning  your  duty,  than  interest.  The  geniua 
and  science  of  our  Government  are  based  upon  personal  rights, 
and  personal  liberty.  The  people  under  our  form  of  govern- 
ment are  s  vereign.  They  should  know  wherein  their  civil 
right*  have  been  violated,  and  their  liberties  abridged.  Al 


PREFACE.  iJUii 

I  a*k  of  you  is  to  enlighten  them  on  these  vital  subjects  — 
subjects  that  are  the  very  marrow  of  our  institutions.  The  peo- 
ple should  know  that  while  they  are  advancing  the  interests 
of  their  Government  by  a  hearty  co-operation,  the  Gov- 
ernment at  the  same  time  is  not  depriving  them  of  their 
personal  rights ;  for,  in  the  language  of  the  great  English 
orator  and  statesman,  Edmund  Burke,  "  Let  it  be  once  under- 
stood that  your  government  may  be  one  thing,  and  the  peo- 
ple's privileges  another;  that  these  two  things  may  exist 
without  any  mutual  relation,  the  cement  is  gone — the  cohe- 
sion is  loosened — and  everything  hastens  to  decay  and  disso- 
lution." But  I  have  been  agreeably  entertained  by  you  untD 
a  late  hour.  We  will  talk  over  these  matters  soon  again, 
and  in  the  mean  time,  my  dear  friend,  farewell. 
Author.   You  are  always  a  welcome  visitor —  good  night. 


4 


INTRODUCTION. 


PERSONAL  or  civil  liberty  is  that  boon  which  man  values 
most  among  the  inestimable  gifts  of  God,  his  Creator, 
[n  the  proper  enjoyment  of  it,  he  stands  forth  in  the  image 
of  his  Maker,  self-reliant  and  strong.  Take  from  him  this 
inherent  natural  right  —  through  the  forms  of  government  or 
law  —  by  subjugation  or  force  —  by  tyranny  or  prerogative 
and  he  is  a  mere  machine,  worked  by  the  hand  of  power. 

It  is  equally  true  that  the  prosperity  and  superiority  of  the 
State  or  Nation  having  the  elements  of  personal  or  civil 
liberty  or  freedom  incorporated  in  the  formation  of  the  so- 
ciety which  constitutes  it,  is  in  proportion  to  the  extent  of 
the  civil  privileges,  immunities,  and  franchises.  When  a 
State  properly  enjoys  liberty,  its  progress  is  the  more  rapid 
and  stable.  When  the  liberties  of  the  people  are  abused  and 
degraded,  the  State  retrogrades. 

The  proper  uses  of  liberty,  in  a  free  government  where 
emulation  receives  encouragement  and  support,  stimulate  the 
citizen,  and  produce  culture,  refinement,  art,  science,  inven- 
tion, learning,  eloquence,  oratory,  statesmanship,  and  religion, 
in  the  highest  degree.  No  other  form  of  government  ad- 
vances the  virtues  and  interests  of  the  people  to  such  supe- 
riority and  pre-eminence.  It  invites  competition  —  it  is  the 
Fever  of  progress  —  it  is  the  friend  of  ambition.  Hence,  when 
the  whole  people  —  like  the  individual  man  —  are  inspired 

XXT 


XXVI  INTRODUCTION. 

witl.  a  pure,  patriotic,  and  instinctive  kve  of  liberty,  the 
State  becomes  great,  illustrious,  and  mighty. 

The  citizen  of  a  free  State  has  no  superior,  in  point  of 
liberty  or  in  point  of  law.  The  humblest  citizen  is  entitled 
to  the  same  rights  and  privileges,  and  the  same  protection,  to 
which  the  highest  magistrate  is  entitled.  The  law  in  a  free 
government  is  no  respecter  of  persons,  nor  does  it  make  an\ 
distinction,  in  so  far  as  liberty  is  concerned. 

In  a  free  government,  the  Constitution  throws  around  the 
citizen  certain  safeguards  or  protections  to  his  liberty.  It 
gives  him  the  right  to  trial  by  jury.  It  secures  him  against 
unreasonable  searches  and  seizures.  It  protects  him  against 
arrest,  except  on  oath  made  by  a  responsible  person.  If  mali- 
ciously arrested  or  falsely  imprisoned,  he  has  his  redress  or 
action  against  the  informant  or  magistrate  for  trespass  or 
false  imprisonment.  "Every  restraint  upon  a  man's  liberty" 
says  Kent,  "  is,  in  the  eye  of  the  law,  an  imprisonment,  wherever 
may  be  the  place,  or  whatever  may  be  the  manner  in  which  the 
restraint  is  effected"  Even  words  may  constitute  an  imprison- 
ment,  if  they  impose  a  restraint  upon  a  person,  and  he  sub- 
mits. 

He,  then,  who,  possessing  the  power,  robs  the  citizen  of  his 
liberty,  even  for  an  hour  —  yea,  for  a  moment — without  the 
sanction  of  law,  or  deprives  him  of  the  right  to  all  the  im- 
munities of  the  law,  commits  a  crime  against  the  interests  of 
the  State,  which  time  cannot  expiate.  By  his  example,  the 
people  are  made  reckless  of  their  liberties  and  their  allegiance 
to  the  State. 

Blackstone  says:  "  Of  so  great  importance  to  the  public  is 
the  preservation  of  personal  liberty,  that,  if  once  it  were  left 
in  the  power  of  any,  the  highest  magistrate,  to  impriUoD 


IN  TRODU  CTIONi  XXVii 

arbitrarily  whoever  he  or  his  officers  thought  proper,  there 
would  soon  be  an  end  of  all  other  rights  and  immunities. 
To  bereave  a  man  of  his  life,  or  by  violence  to  confiscate  his 
estate,  without  accusation  or  trial,  would  be  so  gross  and 
notorious  an  act  of  despotism  as  must  at  once  convey  the 
alarm  of  tyranny  throughout  the  whole  kingdom ;  but  con- 
finement of  the  person,  by  secretly  hurrying  him  to  jail,  where  his 
sufferings  are  unknown  or  forgotten,  is  a  less  public,  a  less  Strik- 
ing, and  therefore  a  more  dangerous  engine  of  arbitrary  power, " 

The  highest  aim  of  the  magistrate  in  a  free  government 
should  be  to  protect  and  defend,  and  not  destroy,  the  liberty 
of  the  citizen.  Even  when  the  State  is  in  danger,  it  is  the 
province  of  the  Legislature,  and  not  of  the  magistrate,  to 
protect  it  against  external  or  internal  foes. 

In  a  free  or  elective  system  of  government,  as  in  the 
United  States,  where  a  written  Constitution  has  been  adopted* 
the  different  branches  of  government  are  so  well  marked  out 
and  defined,  and  the  duties  and  offices  of  each  are  so  inde- 
pendent and  distinct,  that  under  no  possible  circumstances 
can  usurpations  in  any,  or  the  encroachments  of  one  upon  the 
other,  be  excused.  Any  usurpation  whatever,  in  either 
branch,  leads  to  anarchy,  demoralization,  and  finally  disrup- 
tion. The  blow  may  not  be  aimed  at,  but  it  strikes  into  the 
very  heart  of  liberty. 

Hence  the  absolute  necessity  of  keeping  the  liberties  of  the 
people  pure  and  immaculate,  and  free  from  infringement,  by 
the  makers,  the  administrators,  and  the  expounders  of  the 
laws. 

In  order  to  protect  and  increase  the  power  and  prolong  the 
independence  of  the  State,  the  liberties  of  the  people  must  b« 
fostered,  guarded,  and  secured.    "  It "  (liberty),  says  Burke, 


xxriii 


INTRODUCTION 


"is  not  only  a  private  blessing  of  the  first  order,  bat  tiie 
vital  spring  or  energy  of  the  State  itself,  which  has  just  bo 
much  life  and  vigor  as  there  is  liberty  in  it." 

To  protect  liberty,  the  streams  of  legislation,  administra 
tion,  and  justice  must  be  kept  clear,  from  the  fountain-head 
even  unto  the  mouth.  Usurpations  and  encroachments  upon 
the  rights  and  liberties  of  the  citizen  are  as  deleterious  to 
the  tranquillity  and  welfare  of  the  State  as  the  unbridled, 
unrestrained,  and  licentious  abuse  of  them  by  the  citizen. 

These  prefatory  remarks  are  made  merely  to  remind  the 
general  reader  of  his  constitutional  rights.  Of  late,  the  civic 
rights  of  the  citizen  have  been  abridged.  It  remains  to  be 
seen  whether  he  will  maintain  them.  The  permanence  and 
stability  of  the  government  rest  entirely  with  the  citizen. 
It  is  for  him  to  say  how  long  free  government  will  exist  in 
our  country. 

Although  free  government  may  be  traced  back  to  a  period 
of  about  three  thousand  years,  it  is  not  my  intention  to 
allude  to  the  experiments  in  establishing  it  beyond  the  adop 
tion  of  Magna  Charta,  in  which  may  be  found  the  vital 
principles  on  which  it  is  based.  The  political  rights  which 
we  enjoy  under  our  Constitution  may  be  said  to  be  derived 
directly  from  that  document. 

Yet,  it  is  proper  to  say  here,  that  the  principles  of  liberty 
enunciated  and  the  privileges  granted  by  the  Magna  Charta, 
many  of  which  had  been  digested  in  a  code  of  laws  by  Alfred, 
were  not  confined  exclusively  to  the  Anglo-Saxons ;  for 
almost  at  the  same  era,  upon  the  election  of  King  Christo- 
pher II.  of  Denmark  he  was  obliged  to  sign  a  charter  grant- 
ing nearly  the  same  privileges  and  immunities  as  were  con- 
tained in  the  Magna  Charta,  among  which  were  that  no  man 


INTRODUCTION. 


ihould  be  imprisoned,  or  deprived  of  life,  liberty,  or  property, 
without  public  trial  and  conviction  according  to  law ;  and 
that  no  law  should  be  made  or  altered  without  the  consent 
of  the  Parliament,  composed  of  the  best  men  of  the  kingdom, 
to  be  held  annually  at  Wyborg. 

And  it  may  be  said,  that  in  Northern  Europe,  as  well  as 
in  England,  at  the  time  of  the  granting  of  the  Great  Charter, 
the  German  tribes  generally,  and  the  Danes,  were  inspired 
by  the  same  spirit  of  liberty  which  was  enkindled  in  the 
hearts  of  the  Anglo-Saxons,  their  descendants. 

From  the  time  of  the  granting  of  the  municipal  privileges 
and  personal  rights,  as  contained  in  Magna  Charta,  signed 
by  King  John  on  the  15th  of  June,  1215,  but  which  was  not 
really  established  until  "  after  the  contests  of  near  a  whole 
century,"  for  during  that  time,  "  it  is  computed,"  says  Hume, 
"  that  about  thirty  confirmations  of  the  charter  were  at  dif- 
ferent times  required  of  several  kings,  and  granted  by  them 
in  full  Parliament,"  the  people  of  England  have  been 
jealous  of  their  personal  liberties  and  watchful  of  their  civic 
rights. 

Since  that  period,  the  genius  of  the  English  people  has 
been  strongly  and  invariably  in  favor  of  liberty,  while  royal 
prerogative,  until  the  accession  of  William  and  Mary,  inclined 
as  violently  towards  arbitrary  power.  • 

The  Magna  Charta  laid  the  foundation  for  a  Constitution, 
which  has  engrafted  in  it  all  the  attributes  and  securities 
of  personal  liberty,  and  stands  a  monument  of  enlightened 
statesmanship,  worthy  the  pride  and  admiration  of  the  English 
people ;  while  the  Great  Charter  itself  denotes  an  epoch  be- 
tween despotism  and  liberty  —  semi-barbarism  and  civiliza- 
tion—rudeness and  refinement. 


INTRODUCTION. 


The  struggles  to  maintain  the  chartered  rights  of  the  peo> 
pie  against  the  encroachments  and  usurpations  of  kingly 
prerogative,  have  been  many,  great,  and  even  revolutionary. 
It  has  only  been  by  an  unconquerable  will,  and  severe  con- 
tests, that  they  have  again  and  again  been  reasserted  and 
re-established,  enlarged  and  secured. 

Encroachments  upon  the  rights  and  liberties  of  the  people 
by  Charles  I.,  who  caused  the  arbitrary  imprisonment  of  his 
subjects,  gave  birth  to  the  enactment  of  the  Petition  of  Right, 
and  also  brought  the  head  of  that  unhappy  monarch  to  the 
block. 

To  enforce  the  provisions  contained  in  the  Magna  Charta 
and  Petition  of  Right,  for  securing  the  subject  in  his  personal 
rights  and  personal  liberty,  against  arbitrary  imprisonments 
by  command  of  the  King  or  the  Privy  Council,  the  Habeas 
Corpus  Act  was  passed,  in  the  31st  Charles  II.  It  may  be 
called  the  bulwark  of  English  liberty. 

For  nearly  five  centuries,  the  contests  between  sovereign 
and  people,  the  one  for  royal  prerogative,  the  other  for  the 
rights  of  personal  liberty,  were  many  and  violent. 

If  the  King  would  threaten  with  the  Star  Chamber,  the 
people  would  point  to  the  Magna  Charta.  If  the  King  would 
commit  by  the  High  Commission  Court,  the  people  would 
unfold  the  Petition  of  Right.  If  the  King  would  imprison 
by  the  Privy  Council,  *he  people  would  release  through  the 
Habeas  Corpus. 

In  1688,  these  struggles  culminated,  and  ended  in  the  adop- 
tion of  the  Declaration  of  Rights  and  the  Act  of  Settlement, 
in  the  dethronement  of  James  II.  and  the  establishment 
oi  William  and  Mary,  by  a  Civil  Revolution,  in  which  u  not 


INTRODUCTION. 


xxxl 


a  single  new  right  was  given  to  the  people  or  a  single  flower 
of  the  crown  was  touched." 

Since  then,  wise  and  sagacious  legislation  may  have  added 
strength  to  the  perpetuity  of  the  Crown;  but  at  the  same 
time,  it  has  maintained  and  enlarged  the  rights  and  liberties 
of  the  people.  It  has  firmly  established  a  triune  govern- 
ment— a  monarchy,  an  aristocracy,  and  a  democracy — in 
which,  happily,  democracy  is  the  controlling  element  and 
monarchy  a  mere  formality,  while  the  aristocracy  leans  to- 
wards the  democracy  for  protection. 

The  acts  of  the  Sovereign  are  dependent  on  a  ministry  re- 
sponsible to  the  Parliament,  which  has  grown  so  much  in 
power,  especially  the  Commons,  that  it  may  be  said  the  safe- 
guards of  personal  liberty,  under  the  English  Constitution, 
repose  in  the  breasts  of  the  English  people. 

After  the  expulsion  of  the  kings,  the  Romans,  being  care- 
ful of  their  liberties,  erected  and  dedicated  a  temple  to  the 
Goddess  of  Liberty,  and  it  was  then  esteemed  an  honor  to 
call  oneself  a  Roman  citizen  —  Civis  Bomanus. 

In  our  own  country,  there  was  a  time  when  the  proudest 
appellation  a  man  could  bear  was  that  of  American  citizen. 
"  I  am  an  American  citizen,"  implied  liberty  and  safety  — 
protection  and  justice.  Then,  the  national  shield  was,  indeed, 
a  shield  with  arms  —  a  shield  which  defended  the  citize* 
against  every  act  of  tyranny  and  usurpation  —  a  shield  which 
guarded  him  on  land  and  sea,  at  home  and  abroad.  Then, 
personal  liberty  was  a  citizen's  birthright.  Then,  free  speech 
was  unshackled.  Then,  Mr.  Webster  could  exclaim :  "  It  " 
(free  speech)  "  i?  a  homebred  right  —  a  fi  reside  privilege.  It 
has  ever  bem  enjoyed  in  every  house,  cottage,  and  cabin  in 
fchp  nation.    It  "s  not  to  be  drowned  in  controversy    It  is  as 


xxxii 


INTRODUCTION. 


undoubted  as  the  right  of  breathing  the  air  and  walking  on 
the  earth.  It  is  a  right  to  be  maintained  in  peace  and  in 
war.  It  is  a  right  which  cannot  be  invaded  without  destroy- 
ing constitutional  liberty.  Hence, this  right  should  be  guarded 
and  protected  by  the  freemen  of  this  country  with  a  jealous 
care,  unless  they  are  prepared  for  chains  and  anarchy." 

"What  are  the  protections  of  the  law  now  ? 

When  the  arteries  which  convey  the  life-blood  from  the 
heart  of  the  constitution  to  all  parts  of  its  body  once  become 
paralyzed,  the  most  skilful  treatment  can  never  restore  it  to 
its  original  vigor  and  healthful  condition.  A  partial  recovery 
may  be  effected,  but  the  disease  remains. 

Oppressive  and  illegal  acts  by  one  Administration  may  be 
adopted  as  established  precedents  for  similar  encroachments 
by  succeeding  ones  ;  and  who  can  gainsay  the  right  ?  Surely, 
not  the  people,  when  they  not  only  encourage,  but  are  accessories 
in  the  wrong.  Therefore,  without  a  proper  and  conscientious 
regard  for  the  majesty  of  the  law,  and  the  observance  of  per- 
sonal rights,  there  is  no  security  for  permanence  in  free  gov- 
ernment. 

From  the  organization  of  the  Government,  until  the  ad- 
ministration of  the  late  Mr.  Lincoln,  we  know  of  no  case  in 
which  an  American  citizen  was  arrested  without  warrant, 
imprisoned  without  charge  preferred,  and  released,  after 
months  and  years  of  incarceration,  without  trial ;  although 
he  who  will  take  the  trouble  to  turn  over  the  leaves  of 
American  history  will  discover  that,  in  many  cases,  there  was 
not  only  imaginary,  but  real  "  disloyalty "  among  citizens, 
dangerous  to  the  common  interests  of  the  Government, 
during  former  Administrations. 

Educated  in  the  principles  of  republicanism,  intelligent 


INTRODUCTION 


xxxiii 


beyond  comparison,  and  heretofore  governed  by  conservative 
magistrates,  whose  wisdom,  experience,  and  characters  com- 
manded respect  and  confidence  —  a  people  who  had  alwaya 
supported  the  Government  with  alacrity,  unselfish  devotion, 
and  fidelity,  was  unprepared  to  be  obliged  to  submit,  with- 
out redress,  except  by  physical  resistance,  to  an  arbitrary  and 
tyrannical  prerogative,  unrestrained  by  law,  reason,  or  justice. 

The  Administration  of  Mr.  Lincoln  having  been  ushered 
into  existence  under  the  banner  of  universal  freedom,  it  was 
to  be  expected,  from  the  enlightened  condition  of  the  age, 
and  the  conservative  and  patriotic  disposition  of  the  people 
in  the  "  loyal "  States,  that  the  Government  would  be  admin- 
istered  in  accordance  with  the  promised  reforms.  In  this, 
however,  the  people  were  disappointed.  Legislative  enact- 
ments were  unrestrained  by  constitutional  provisions.  The 
President  assumed  quasi  plenary  power,  to  make  and  enforce 
laws  without  the  interference,  assistance,  or  aid  of  the  legis- 
lative or  judicial  branches  of  Government ;  and,  in  a  word, 
drew  around  his  official  person  —  as  he  would  his  mantle 
around  his  individual  person  —  all  the  powers  of  government, 
Municipal,  State,  and  National,  which  he  enforced  through 
his  obsequious  Secretaries.  Consolidation  of  interests,  and 
centralization  of  power,  were  complete.  The  Government 
was  the  President  —  the  President  was  the  Government. 

But  we  forbear  to  criticise.  "We  present  facts.  Let  them 
speak.  Let  the  people  answer.  No  words  we  could  use  would 
bring  relief  to  the  harrowed  feeling  of,  or  redress  the  wrongs 
perpetrated  upon,  thousands  of  unoffending  citizens,  by  theii 
unwarranted  incarceration  in  American  Bastiles  during  the 
Administration  of  the  late  President  Lincoln.  We  contem- 
plate the  cruelties,  oppressions,  persecutions,  and  imprison- 
I 


xxxiv 


INTRODUCTION. 


ments,  committed  during  that  long  night  of  political  despot- 
ism, with  alarm.  We  shudder  for  the  future  of  the  country, 
when  we  take  a  retrospect  of  the  late  past. 

If  a  truthful  presentation  of  the  facts,  as  contained  in  this 
volume,  will  in  anywise  prevent  in  the  future  a  repetition 
of  the  wrongs  and  crimes  committed  against  the  rights  and 
liberties  of  the  people,  in  the  name  of  liberty,  then  our  highest 
ambition  has  been  satisfied.  To  prevent  flagitious  wrongs 
from  being  committed  against  the  constitutional  rights  of 
individuals  is  the  duty  of  every  good  citizen  in  a  free  State. 
Liberty  is  too  valuable  a  privilege,  and,  as  we  have  endeav- 
ored to  demonstrate,  has  been  too  costly  an  inheritance,  to  be 
bartered  away  for  the  gratification  of  personal  or  political 
animosity. 

May  the  time  never  again  arrive  in  the  history  of  this 
country,  when  it  may  be  said  to  Americans,  as  was  said  by 
Camille  Desmoulins  to  the  Parisians  during  the  French 
Revolution:  "Ye  worship  the  Goddess  of  Liberty,  not  in 
principle,  but  in  stone,  and  never  was  a  more  stupid  or  costly 
idolatry.  Liberty,  heaven-descended,  is  neither  a  nymph  of 
the  opera,  nor  a  bonnet  rouge,  nor  yet  a  dirty  shirt  and  ragged 
clothes.  Liberty  is  happiness,  reason,  equality — the  decla- 
ration of  rights — in  a  word,  the  Constitution.  If  you  would 
have  me  worship  it,  open  your  prisons ;  set  free  the  two 
hundred  thousand  ye  have  incarcerated  as  suspects.  I  find 
no  such  crime  in  the  Constitution  or  the  law." 

That  has  alwaye  been  in  the  past,  and  ever  will  be  in  the 
futuro,  the  sincere  prayer  of 

The  Authoe. 


MAGNA  CHARTA 


JOHN,  BY  THE  GRACE  OF  GOD,  KING  OF  ENGLAND,  LORD  OF  IRE- 
LAND, duke  of  Normandy  and  Aquitaine,  and  count  of 
Anjou;  to  his  archbishops,  bishops,  abbots,  earls,  barons, 
justiciaries,  foresters,  sheriffs,  governors,  officers,  and  to 
all  his  bailiffs  and  liegemen,  greeting  i 

Know  ye,  that;  in  presence  of  GOD,  and  for  the  health  of  our 
soul  and  the  soul  of  our  ancestors  and  heirs,  and  to  the  honor  of 
God  and  to  the  exaltation  of  His  Holy  Church,  and  for  the  amend- 
ment of  our  kingdom;  by  advice  of  our  venerable  fathers,  Stephen, 
archbishop  of  Canterbury,  primate  of  all  England,  and  cardinal 
of  the  Holy  Eoman  Church;  Henry,  archbishop  of  Dublin;  Wil- 
liam of  London,  Peter  of  "Winchester,  Jocelyn  of  Bath  and  Glas- 
tonbury, Hugh  of  Lincoln,  Walter  of  Worcester,  William  of 
Coventry,  and  Benedict  of  "Rochester,  bishops;  Master  Pandulph, 
our  lord  the  Pope's  subdeacon  and  servant ;  Brother  Aymeric, 
master  of  the  Temple  in  England ;  and  the  noblemen  William 
Marescall,  earl  of  Pembroke,  William  earl  of  Salisbury,  William 
earl  of  Warren,  William  earl  of  Arundel,  Alan  de  Galloway,  con- 
stable of  Scotland,  Warin  Fitzgerald,  Peter  Fitzherbert,  Hubert 
de  Burgh,  seneschal  of  Poictou,  Hugh  de  Neville,  Matthew  Fitz- 
herbert, Thomas  Basset,  Alan  Basset,  Philip  de  Albiney,  Robert 
de  Roppelaye,  John  Marescall,  John  Fitzhugh,  and  others  our 
liegemen;  we  have  granted  to  GOD,  and  by  this  our, present 
charter  confirmed,  for  us  and  our  heirs  forever: 

1.  That  the  English  church  shall  be  free  and  enjoy  her  whole 
liberties  inviolate.  And  that  we  will  have  them  so  to  be  observed, 
appears  from  this  that  of  our  mere  good  will  we  granted,  and  by 
our  charter  confirmed,  the  freedom  of  elections  which  was  reck- 
oned most  necessary  for  the  English  Church,  and  obtained  the 

XXXT 


xxxyi 


MAGNA    CHART  A. 


confirmation  thereof  from  our  lord  the  Pope  Innocent  the  Thirdt 
before  the  discord  which  has  arisen  between  us  and  our  barons; 
which  charter  we  will  ourselves  observe,  and  will  that  it  bo 
observed  in  good  faith  by  our  heirs  forever.  We  have  also  for 
us  and  our  heirs  forever  granted  to  all  the  freemen  of  our  king- 
dom, all  the  underwritten  liberties  to  have  and  to  hold  to  them 
and  their  heirs  from  us  and  our  heirs. 

2.  If  any  of  our  earls  or  barons,  or  others  holding  lands  of  us 
in  capite  by  military  service  shall  die,  and  when  he  dies  his  heir 
shall  be  of  full  age  and  owe  a  relief,  the  heir  shall  have  his  inherit- 
ance by  the  ancient  relief ;  the  heir  or  heirs  of  an  earl  for  a  whole 
earl's  barony,  by  one  hundred  pounds ;  of  a  baron  for  a  whole 
barony,  Dy  one  hundred  pounds  (marks) ;  of  a  knight  for  a  whole 
knight's  fee,  by  one  hundred  shillings  at  most;  and  he  who  owes 
a  less  relief  shall  pay  less  according  to  the  ancient  custom  of  his 
fee. 

3.  But  if  the  heir  shall  be  under  age,  and  shall  be  in  ward, 
when  he  comes  of  age  he  shall  have  his  inheritance  without  relief 
or  fine. 

4.  The  warden  of  the  heir  under  age  shall  take  only  reason 
able  issues,  customs,  and  services;  and  that  without  destruction 
or  waste  of  men  or  things.  And  if  we  shall  commit  the  guar- 
dianship of  these  lands  to  the  sheriff  or  any  other  who  is  answer- 
able to  us  for  their  revenues,  and  he  shall  make  destruction  or 
waste  on  the  ward  lands,  he  shall  make  satisfaction  ;  and  the 
lands  shall  be  intrusted  to  two  lawful  and  discreet  men  of  that 
fee,  who  shall  be  answerable  to  us.  Or,  if  we  shall  give  or  sell 
the  wardship  of  lands  to  any  one,  and  he  shall  make  destruction 
or  waste,  he  shall  lose  his  wardship,  and  the  lands  shall  be  in- 
trusted to  two  discreet  men  of  that  fee,  who  shall  be  answerable 
to  us  as  aforesaid. 

5.  The  warden,  for  as  long  as  he  shall  hold  the  land,  shall,  from 
the  revenues  thereof,  maintain  the  houses,  parks,  warrens,  ponds, 
mills,  and  other  things  thereto  pertaining;  and  he  shall  restore 
to  the  heir  when  he  comes  of  age  his  whole  land  stocked  with 
ploughs  and  carriages  according  as  the  line  of  wainage  shall 
require,  and  the  revenue  of  the  estate  will  reasonably  allow. 

6.  Heirs  shall  be  married  without  disparagen  ent  of  their  rank, 


MAGNA  CHABTA, 


xxxviv 


yet  in  euch  wise,  that  before  the  marriage  is  contracted,  the  blood 
relations  of  the  heir  shall  be  acquainted  with  it. 

7.  A  widow,  after  the  death  of  her  husband,  shall  forthwith 
and  without  difficulty  have  her  marriage  and  her  inheritance ; 
nor  shall  she  give  anything  for  her  dower,  marriage,  or  her  in- 
heritance  which  she  and  her  husband  may  have  held  on  the  day 
of  his  decease;  and  she  may  remain  in  the  house  of  her  husband 
forty  days  after  his  death,  within  which  term  her  dower  shall  be 
assigned. 

8.  No  widow  shall  be  distrained  to  marry  herself  while  she 
shall  desire  to  live  without  a  husband;  but  she  shall  give  security 
not  to  marry  without  the  king's  assent,  if  she  holds  of  him;  or 
without  the  consent  of  the  lord  of  whom  she  holds,  if  she  holds 
of  another. 

9.  Neither  we  nor  our  bailiffs  shall  seize  any  land  or  rent  foi 
any  debt,  so  long  as  the  chattels  of  the  debtor  are  sufficient  for 
the  payment  of  the  debt.  Nor  shall  the  sureties  of  the  debtor 
be  distrained,  so  long  as  the  principal  debtor  is  sufficient  for  the 
payment  of  the  debt.  And  if  the  principal  debtor  fail  in  the 
payment  of  the  debt,  not  having  wherewithal  to  discharge  it, 
then  shall  the  sureties  be  answerable  for  the  debt.  And,  if  they 
will,  they  shall  have  the  lands  and  rents  of  the  debtor  until  they 
shall  be  satisfied  for  the  debt  they  have  paid  for  him;  unless  the 
principal  debtor  shall  show  himself  acquitted  thereof  against  the 
said  sureties. 

10.  If  any  one  shall  have  borrowed  anything  from  the  Jews, 
more  or  less,  and  shall  die  before  that  debt  be  paid,  the  debt  shall 
pay  no  interest  so  long  as  the  heir  shall  be  under  age,  of  whom- 
soever he  may  hold ;  and  if  that  debt  shall  fall  into  our  hands, 
we  will  take  nothing  but  the  chattel  named  in  the  bond. 

11.  And  if  anyone  shall  die  indebted  to  the  Jews,  his  wife  shall 
have  her  dower  and  shall  pay  nothing  of  that  debt;  and  if  chil- 
dren of  the  deceased  shall  remain,  under  age,  necessaries  shall 
be  provided  for  them  according  to  the  tenement  which  belonged 
to  the  deceased ;  and  out  of  the  residue  the  debt  shall  be  paid, 
saving  the  rights  of  lords  (from  whom  the  lands  are  held).  In 
'ike  manner  let  it  be  done  with  debts  due  to  others  than  Jews. 

12.  No  scutage  nor  aid  shall  be  imposed  in  our  kingdom,  ex- 


xxxyiii 


MAGNA    CHART  A. 


ccpting  for  the  ransom  of  our  person,  to  make  our  eldest  son  a 
knight,  and  once  to  marry  our  eldest  daughter;  and  for  these 
none  but  a  reasonable  aid  shall  be  demanded.  So,  likewise,  lei  i\ 
bo  concerning  the  aid  of  the  city  of  London. 

13.  And  the  city  of  London  shall  have  all  its  ancient  liberties 
wid  free  customs,  as  well  by  land  as  by  water.  Furthermore,  we 
will  and  grant  that  all  other  cities,  burghs,  tow»s,  and  ports,  havs 
all  their  liberties  and  free  customs. 

14.  And  for  the  holding  of  the  common  council  of  the  kingdom, 
to  assess  aids  other  than  in  the  three  aforesaid  cases,  and  for  the 
assessing  of  scutages,  we  will  cause  the  archbishops,  bishops, 
abbots,  earls,  and  greater  barons  to  be  summoned  individually 
by  our  letters;  moreover,  we  will  cause  all  others  in  general  who 
hold  of  us  in  capite  to  be  summoned  by  our  sheriffs  and  bailiffs 
on  a  certain  day,  to  wit :  forty  days  at  least  (before  the  meeting), 
and  to  a  certain  place;  and  in  all  letters  of  summons,  we  will 
declare  the  cause  of  the  summons.  And  the  summons  being  thus 
made,  the  business  shall  proceed  on  the  day  appointed,  according 
to  the  advice  of  those  who  shall  be  present,  although  all  that 
shall  be  summoned  may  not  come. 

15.  "We  will  not,  for  the  future,  give  leave  to  any  one  to  take 
an  aid  from  his  own  free  tenants,  unless  to  redeem  his  own  body, 
to  make  his  eldest  son  a  knight,  and  once  to  marry  his  eldest 
daughter;  and  for  these  none  but  a  reasonable  aid  shall  be  paid. 

16.  No  man  shall  be  distrained  to  do  more  service  for  a  knight's 
fee  or  other  free  tenement,  than  what  is  justly  due  therefrom. 

17.  Common  pleas  shall  not  follow  our  court,  but  shall  be 
holden  in  some  certain  place. 

18.  Trials  upon  the  writs  of  novel  disseisin,  mort  d'ancestre,  and 
darrein  presentment,  shall  be  taken  only  in  their  proper  counties, 
%nd  after  this  manner :  We,  or,  if  we  shall  be  out  of  the  realm, 
our  chief  justiciary,  will  send  through  every  county,  four  times 
in  the  year,  two  justiciaries,  who,  with  four  knights  of  the  county, 
elected  by  the  county,  shall  hold  the  aforesaid  assizes  in  th» 
eounty,  on  the  county  day,  and  at  the  county  place. 

19.  And  if  tho  aforesaid  assizes  cannot  be  held  on  the  county 
day  let  as  many  of  the  knights  and  freeholders,  who  have  been 
present  at  the  county  court,  remain  behind,  as  shall  be  sufficient 


MAGNA.    CHART  A. 


xxxix 


to  conduct  the  trials,  according  as  the  business  shall  be,  more  or 
less 

20.  A  freeman  shall  not  be  amerced  for  a  slight  offence,  but  in 
proportion  to  the  degree  of  the  offence ;  and  for  a  great  offence 
he  shall  be  amerced  according  to  its  magnitude,  saving  to  him 
his  contenement;  likewise,  a  merchant  shall  be  amerced,  saving 
to  him  his  merchandise;  and  a  villain  in  the  same  way,  saving 
his  wainage  if  he  falls  under  our  mercy ;  and  none  of  the  afore- 
said amerciaments  shall  be  assessed,  but  by  the  oath  of  honest 
men  of  the  neighborhood. 

21.  Earls  and  barons  shall  not  be  amerced  but  by  their  peers 
and  according  to  the  degree  of  their  offence. 

22.  No  clerk  shall  be  amerced  for  his  lay  tenement  but  in  the 
manner  of  the  others  aforesaid,  and  not  according  to  the  quan- 
tity of  his  ecclesiastical  benefice. 

23.  Neither  town  nor  man  shall  be  distrained  to  build  bridges  ovei 
rivers,  save  those  who  anciently  and  rightfully  are  bound  to  do  it. 

24.  No  sheriff,  constable,  coroners,  or  other  our  bailiffs  shall 
hold  pleas  of  our  crown. 

25.  All  counties,  hundreds,  trethings,  and  wapentakes  shall  stand 
at  their  old  rents  without  increase,  except  in  our  demesne  manors. 

26.  If  any  one,  holding  of  us  a  lay  fee,  dies,  and  the  sheriff  or 
our  bailiff  shall  show  our  letters  patent  of  summons  concerning 
a  debt  due  to  us  from  the  deceased,  it  shall  be  lawful  for  the 
sheriff  or  our  bailiff  to  attach  and  register  the  chattels  of  the 
deceased  found  upon  his  lay  fee,  to  the  amount  of  that  debt,  by 
the  view  of  lawful  men,  so  that  nothing  be  removed  until  our 
whole  debt  be  paid :  and  the  rest  shall  be  paid  to  the  executors 
to  fulfil  the  will  of  the  deceased ;  and  if  there  be  nothing  due 
from  the  deceased  to  us,  the  chattels  shall  remain  to  the  deceased 
saving  to  his  wife  and  children  their  reasonable  shares. 

27.  If  a  freeman  shall  die  intestate,  his  chattels  shall  be  dis- 
tributed by  the  hands  of  his  nearest  relations  and  friends,  by 
view  of  the  church,  saving  to  every  one  the  debts  which  the 
deceased  owed. 

28.  No  constable  or  other  our  bailiff  shall  take  the  corn  or 
other  goods  of  any  man  unless  he  instantly  pay  money  for  it,  ox 
obtain  a  respite  of  payment  by  the  free  will  of  the  seller. 


MAGNA  CHABT1. 


29.  No  constable  (of  a  castle)  shall  distrain  any  knight  to  give 
money  for  castle  guard,  if  he  be  willing  to  do  guard  in  hia  own 
person,  or  by  another  able  man,  if  he  himself,  for  reasonable 
cause,  cannot  perform  it.  And  if  we  shall  have  led  or  sent  him 
to  the  army,  he  shall  be  excused  from  castle  guard  according  to 
the  time  he  shall  be  in  the  army  by  our  order. 

30.  No  sheriff  nor  bailiff  of  ours,  nor  any  other  person,  shall 
take  the  horses  or  carts  of  any  freeman,  for  carriage,  without 
the  free  consent  of  the  said  freeman. 

31.  Neither  we  nor  our  bailiffs  will  take  anothei  man's  timber 
for  our  castles  or  other  uses,  unless  by  the  consent  of  the  owner 
of  the  timber. 

32.  We  will  not  retain  the  lands  of  those  who  have  been  con- 
victed of  felony,  but  for  one  year  and  a  day,  and  then  they  shall 
be  delivered  to  the  lord  of  the  fee. 

33.  All  wears  shall,  for  the  future,  be  wholly  removed  from  the 
Thames  and  Medway,  and  throughout  all  England  except  on  the 
seacoast. 

34.  The  writ  which  is  called  praecipe  shall  not  for  the  future  be 
granted  to  any  one  of  any  tenement  whereby  a  freeman  may 
lose  his  court. 

35.  Throughout  our  whole  kingdom  there  shall  be  one  mea- 
sure of  wine  ;  and  one  measure  of  ale  ;  and  one  measure  of  corn ; 
namely,  the  quarter  of  London  ;  and  one  width  of  dyed  cloths, 
and  russets,  and  halberjects,  namely,  two  ells  within  the  lists. 
And  it  shall  be  with  weights  as  with  measures. 

36.  From  henceforth  nothing  shall  be  given  or  taken  for  the 
writ  of  inquest  of  life  or  limb;  but  it  shall  be  given  without 
charge,  and  not  denied. 

37.  If  any  man  hold  of  us  by  fee-farm,  socage,  or  burgage,  and 
hold  land  of  another  by  military  service,  we  shall  not  have  the 
wardship  of  the  heir  or  of  the  land  which  belongs  to  another 
man's  fee  on  account  of  the  aforesaid  fee-farm,  socage,  or  bur- 
gage ;  nor  shall  we  have  the  wardship  of  the  fee-farm,  socage, 
or  burgage,  unless  the  fee-farm  owe  military  service.  We  shall 
not  have  the  wardship  of  any  man's  heir,  or  of  the  land  he  holdg 
of  another  on  account  of  any  petty  serjeantry  he  holds  of  us  by 
the  service  of  giving  us  daggers,  arrows,  or  the  like. 

88.  No  bailiff  shall  henceforth  put  any  man  to  his  law  npon 


MAGNA  CHAETA. 


Xli 


his  own  single  accusation  without  credible  witnesses  produced 
for  that  purpose. 

39  NO  FREEMAN  SHALL  BE  TAKEN,  OR  IMPRISONED,  OR  DISPOS- 
SESSED, OR  OUTLAWED,  OR  BANISHED,  OR  IN  ANY  WAY  DESTROYED  J 
NOR  WILL  WE  PASS  UPON  HIM,  NOR  COMMIT  HIM,  BUT  BY  THE  LAW- 
FUL JUDGMENT  OF  HIS  PEERS,  OR  BY  THE  LAW  OF  THE  LAND. 

40.  TO  NO  MAN  WILL  WE  SELL,  TO  NONE  WILL  WE  DELAY,  TO 
NONE  WILL  WE  DENY  RIGHT  OR  JUSTICE. 

41.  All  merchants  shall  have  safety  and  security  in  coming 
into  England  and  departing  out  of  England,  and  in  tarrying  and 
travelling  through  England,  as  well  by  land  as  by  water,  to  buy 
and  sell  without  any  evil  tolls,  according  to  the  ancient  and  just 
customs ;  except  in  time  of  war,  when  they  shall  be  of  any  nation 
at  war  with  us.  And  if  any  such  be  found  in  our  land  at  the 
beginning  of  a  war,  they  shall  be  apprehended  without  injury  of 
their  bodies  or  their  goods,  until  it  shall  be  known  to  us  or  our 
chief  justiciary  how  the  merchants  of  our  country  are  treated 
who  are  found  in  the  country  at  war  with  us.  And  if  ours  be 
safe  there,  the  others  shall  be  safe  in  our  land. 

42.  Henceforth  it  shall  be  lawful  to  any  person  to  go  out  of  our 
kingdom  and  to  return  safely  and  securely,  by  land  or  by  water, 
saving  his  allegiance  to  us,  unless  for  some  short  space  in  time 
of  war,  for  the  common  good  of  the  kingdom ;  except  prisoners 
and  outlaws  by  the  law  of  the  land,  people  of  a  country  at  war 
with  us,  and  merchants  who  shall  be  treated  as  aforesaid. 

43.  If  any  man  hold  of  any  escheat,  as  of  the  honor  of  Wal- 
lingford,  Nottingham,  Boulogne,  Lancaster,  or  any  other  escheats 
which  are  in  our  hand  and  are  baronies,  and  shall  die,  his  heir 
shall  not  give  any  other  relief,  nor  do  any  other  service  to  us, 
than  he  would  to  the  baron  if  the  barony  were  in  a  baron's 
hand ;  and  we  will  hold  it  in  the  same  way  in  which  the  baron 
held  it. 

44.  Men  who  dwell  without  the  forest  shall  not  hereafter  come 
before  our  justiciaries  of  the  forest  on  a  common  summons,  unless 
they  are  parties  to  a  plea  or  sureties  for  any  who  have  been 
apprehended  for  something  concerning  the  forest. 

45.  We  will  not  make  justiciaries,  sheriffs,  or  bailiffs  except  of 
such  as  know  the  law  of  the  land,  and  are  disposed  duly  to  ob- 
serve it. 


xlu 


MAGNA    CHART  A. 


46.  All  barons  who  have  founded  abbeys  which  they  hol< 
charter  of  the  kings  of  England,  or  by  ancient  tenure,  shall  , 
tho  custody  thereof  wheu  they  fall  vacant,  as  they  ought  to  1 

47.  All  forests  which  have  been  made  in  our  time  shall  be  im- 
mediately disforested;  and  it  shall  bo  so  done  with  the  embank- 
ments which  have  been  erected  as  obstructions  to  the  rivers  in 
our  reign. 

48.  All  evil  customs  of  forests  and  warrens,  foresters  and  war- 
reners,  sheriffs  and  their  officers,  embankments  and  their  keepers, 
shall  forthwith  be  inquired  into  in  every  county  by  twelve  sworn 
knights  of  the  same  county,  who  must  be  elected  by  the  good 
men  of  the  county ;  and  within  forty  days  after  the  holding  of 
the  inquisition  they  shall,  by  the  said  knights,  bo  utterly  abol 
ished  so  as  never  to  be  restored ;  provided  that  we  be  first  noti 
fied  thereof,  or  if  we  be  not  in  England,  our  chief  justiciary. 

49.  We  will  forthwith  restore  all  hostages  and  charters  which 
have  been  delivered  to  us  by  the  English  in  security  of  peace  and 
faithful  service. 

50.  "We  will  remove  from  their  bailiwicks  the  kinsmen  of  Gerard 
do  Athyes,  so  that  henceforth  they  shall  have  no  bailiwick  in  Eng- 
land ;  Engelard  of  Cygony  ;  Andrew,  Peter,  and  Gyone  do  Chan  - 
cell;  Gyone  de  Cygony;  Geoffrey  de  Martin  and  his  brothers; 
Philip  Mark  and  his  brothers,  and  Geoffrey  his  brother,  and  all 
their  retinuo. 

51.  And  immediately  after  the  conclusion  of  peace  we  will  re- 
move from  the  kingdom  all  foreign  knights,  crossbowmen,  and 
mercenary  soldiers  who  have  come  with  horses  and  arms  to  the 
injury  of  the  kingdom. 

52.  If  any  man  hath  been  by  us  deprived  or  dispossessed,  with- 
out the  lawful  judgment  of  his  peers,  of  lands,  castles,  liberties, 
or  rights,  we  will  forthwith  make  restitution  ;  and  if  any  dis- 
pute arise  on  this  head,  then  the  matter  shall  be  settled  by  the 
judgment  of  five  and  twenty  barons  hereinafter  mentioned  for 
tho  preservation  of  the  peace.  Concerning  all  those  things  of 
which  any  man  hath  been  deprived  or  dispossessed,  without  the 
legal  judgment  of  his  peers,  by  King  Henrj'-  our  father,  or  King 
Richard  our  brother,  which  we  hold  in  our  own  hand  or  others 
hold  under  our  warrant,  we  shall  have  respite  until  the  common 
term  of  tho  Crusaders ;  except  those  concerning  which  a  plea  hat 


MAGNA    CHART  A. 


xliii 


been  moved,  tr  an  inquisition  made  by  our  direction,  belore  our 
taking  the  cross;  but  so  soon  as  we  shall  return  from  our  expe- 
dition, or  if  by  chance  we  should  not  go  upon  our  expedition, 
we  will  fortwhith  do  therein  full  justice. 

53.  We  shall  have  like  respite,  and  upon  the  like  conditions, 
in  doing  justice  by  disforesting  the  forests  which  Henry  our 
father  or  Kichard  our  brother  afforested,  and  the  same  concerning 
the  wardship  of  lands  belonging  to  another  man's  fee,  of  which 
we  have  hitherto  had  wardship  on  account  of  some  fee  held  by 
the  tenant  from  us  by  military  service;  and  concerning  abbeys 
founded  in  a  fee  which  is  not  ours,  and  in  which  the  lord  hath 
claimed  a  right;  and  when  we  shall  have  returned,  or  if  we 
should  not  go  upon  our  expedition,  we  shall  forthwith  do  full 
justice  to  complainants  in  these  matters. 

54.  No  man  shall  be  taken  or  imprisoned  on  the  appeal  of  a 
woman  for  the  death  of  any  other  than  her  husband. 

55.  All  fines  that  have  been  made  unjustly  and  contrary  to  the 
law  of  the  land,  and  all  amerciaments  imposed  unjustly,  contrary 
to  the  law  of  the  land,  shall  be  wholly  remitted ;  or  order  shall 
therein  be*  taken  by  the  five  and  twenty  barons  hereinafter  men 
tioned  for  the  security  of  the  peace,  or  by  the  verdict  of  the 
greater  part  of  them,  together  with  the  aforesaid  Stephen,  arch- 
bishop of  Canterbury,  if  he  can  be  present,  and  such  others  aa 
he  may  think  fit  to  bring  with  him  ;  but  if  he  cannot  be  present, 
the  business  shall  nevertheless  proceed  without  him  ;  yet  so,  that 
if  any  one  or  more  of  the  aforesaid  five  and  twenty  barons  have 
a  like  plea,  they  shall  be  removed  from  that  particular  trial,  and 
others  elected  and  sworn  for  that  trial  only  by  the  residue  of  the 
five  and  twenty  shall  be  substituted  in  their  room. 

56.  If  we  have  deprived  or  dispossessed  any  Welshmen  of  their 
lands,  or  liberties,  or  other  things,  without  a  legal  verdict  of  their 
peers,  restitution  shall  forthwith  be  made;  and  if  any  dispute 
shall  arise  upon  this  head,  then  let  it  be  determined  in  the 
Marches  by  the  judgment  of  their  peers;  for  tenements  of  Eng- 
land, according  to  the  law  of  England ;  for  tenements  of  Wales, 
according  to  the  law  of  Wales  ;  and  for  tenements  of  the  Marches, 
according  to  the  law  of  the  Marches.  The  Welsh  shall  do  the 
same  to  us  and  to  our  subjects. 

57.  Also,  concerning  those  things  of  which  any  Welshman  hat* 
been  deprived  or  dispossessed  without  the  lawful  judgment  oi 


xliy 


MAGNA    CHART  A. 


his  peers,  by  King  Henry  our  father,  or  King  Eichard  our  bro- 
ther, and  which  we  hold  in  our  hand  or  others  hold  under  our 
warrant,  we  shall  have  respite  until  the  common  term  of  the 
Crusaders,  except  for  those  concerning  which  a  plea  hath  been 
moved,  or  an  inquisition  made  by  our  command  before  taking 
the  cross.  But  as  soon  as  we  return  upon  our  expedition,  or  if 
by  chance  we  should  not  go  upon  our  expedition,  we  shall  imme- 
liately  do  full  justice  therein,  according  to  the  laws  of  Wales 
and  of  the  parts  aforesaid. 

58.  We  will  forthwith  release  the  son  of  Llewellyn,  and  all 
the  charters  and  hostages  of  Wales  which  were  delivered  to  us 
for  security  of  the  peace. 

59.  We  will  do  to  Alexander,  King  of  Scotland,  concerning 
the  restoration  of  his  sisters  and  hostages,  and  concerning  his 
liberties,  and  concerning  his  rights,  according  to  the  form  in 
which  we  do  to  our  other  barons  of  England,  unless  it  ought 
otherwise  to  be  according  to  the  charters  which  we  have  from 
William,  his  father,  the  late  King  of  Scots ;  and  this  shall  be  by 
the  judgment  of  his  peers  in  our  court. 

60.  All  the  aforesaid  customs  and  liberties  which  we,  for  our 
part,  have  granted  to  be  holden  in  our  kingdom  by  our  people, 
let  all  within  the  kingdom,  as  well  clergy  as  laity,  observe  toward 
their  vassals. 

61.  But  forasmuch  as  we  have  granted  all  these  things  afore- 
said to  GOD,  both  for  the  amendment  of  our  kingdom  and  for  the 
better  settling  of  the  discord  which  has  sprung  up  between  us 
and  our  barons;  and  forasmuch  as  we  desire  that  these  things 
should  remain  in  perfect  and  complete  stability  forever ;  therefore 
we  do  make  and  grant  them  the  security  underwritten,  to  wit : 
that  the  barons  may  elect  twenty-five  barons  of  the  kingdom, 
whom  they  please,  who  shall,  with  their  whole  power,  observe, 
keep,  and  cause  to  be  observed,  the  liberties  which  we  have 
granted  and  confirmed  to  them  by  this  our  charter:  that  is  to 
say,  if  wo  or  our  justiciary,  or  our  bailiffs,  or  any  of  our  officers, 
shall  have  injured  any  one  in  anything,  or  shall  have  transgressed 
Any  article  of  peace  or  security,  and  the  injury  shall  be  shown 
to  four  of  the  aforesaid  five  and  twenty  barons,  the  four  barons 
thai]  come  to  us,  or  to  our  justiciary  if  we  shall  be  out  of  the 
kingdom,  and  making  known  to  us  the  wrong  committed,  shall 


MAGNA    CHART  A. 


petition  us  to  cause  it  to  be  redressed  without  delay.  And  if  we, 
or  our  justiciary  if  we  be  not  in  the  kiugdom,  do  not  redress  the 
wrong  within  the  term  of  forty  days,  to  be  reckoned  from  the 
time  when  we  were  notified  thereof,  or  when  our  justiciary  was 
notified,  if  we  were  not  within  the  kingdom,  the  aforesaid  four 
barons  shall  lay  the  cause  before  the  residue  of  the  five  and 
twenty  barons ;  and  they,  the  five  and  twenty  barons,  with  the 
community  of  the  whole  land,  shall  harass  and  distress  us  in 
whatever  ways  they  shall  be  able,  by  the  capture  of  our  castles, 
lands,  and  possessions,  and  by  any  other  means  they  can,  until 
the  injury  have  been  redressed  according  to  their  judgment: 
saving  harmless  our  own  person  and  the  persons  of  our  queen 
and  children :  and  when  the  wrong  hath  been  redressed,  they 
shall  behave  to  us  as  they  have  done  before.  And  whoever  of 
our  land  shall  please,  may  swear  that  he  will  obey  the  com- 
mands of  the  aforesaid  five  and  twenty  barons  in  accomplishing' 
all  these  aforesaid  things,  and  that,  together  with  them,  he  will 
harass  us  according  to  his  power.  And  we  do  publicly  and  freely 
grant,  to  every  man  who  chooses,  leave  to  take  this  oath,  nor 
will  we  ever  forbid  any  man  to  take  it.  But  all  men  of  our  land, 
who,  of  themselves  and  of  their  own  choice,  shall  be  unwilling  to 
swear  to  the  five  and  twenty  barons  to  distress  and  harass  us, 
together  with  them,  we  will  compel  by  our  command  to  swear 
as  is  aforesaid.  And  if  any  of  the  five  and  twenty  barons  shall 
die,  or  leave  the  country,  or  in  any  other  way  be  hindered  from 
the  execution  of  the  things  aforesaid,  then  the  rest  of  the  afore- 
said five  and  twenty  barons  shall,  at  their  pleasure,  choose  an- 
other in  his  stead,  who  shall  be  sworn  in  the  same  manner  as 
the  rest. 

Now,  in  all  the  things  which  are  intrusted  to  be  executed 
by  these  five  and  twenty  barons,  if  it  happen  that  the  five  and 
twenty  shall  be  present,  and  shall  disagree  concerning  any 
matter;  or  if  some  of  them,  having  been  summoned,  be  unwil- 
ling or  unable  to  attend,  that  which  the  greater  part  of  those 
who  may  be  present  shall  determine  or  decree,  shall  be  held  as 
firm  and  valid  as  if  all  the  twenty-five  had  been  agreed  therein  ; 
and  the  aforesaid  five  and  twenty  men  shall  swear  that  they  will 
faithfully  observe  all  the  aforesaid  things,  and  to  the  utmost  of 
their  power  cause  them  to  be  observed.  And  neither  by  ourself 
nor  through  another  will  we  obtain  anything  from  any  man, 
through  which  any  of  these  grants  and  liberties  mfey  be  revoked 
or  lessened.    And  if  any  such  thing  shall  have  been  obtained,  it 


xlvi 


MAGNA    CHART  A. 


shall  be  null  and  void;  and  we  will  never  use  it,  through  oursolf 
or  through  another. 

G2.  Ana  to  all  men  we  have  fully  remitted  and  pardoned  all 
the  ill  wills,  resentments,  and  rancors,  which  have  arisen  between 
us  and  our  subjects,  lay  and  clerical,  from  the  commencement  of 
our  disagreement.  Moreover,  we  have  fully  remitted,  and  so  far 
as  in  us  lies,  have  fully  pardoned  to  all  the  clergy  and  laity,  all 
transgressions,  committed  by  occasion  of  the  same  disagreement, 
from  the  Easter  of  the  sixteenth  year  of  our  reign  to  the  con- 
clusion of  the  peace.  And  further,  we  have  caused  testimonial 
letters  patent  to  be  made  for  them  concerning  this  security  and 
the  aforesaid  grants  from  the  lorn  Stephen,  archbishop  of  Can- 
terbury, the  lord  Henry,  archbishop  of  Dublin,  and  from  Master 
Pandulph. 

63.  Wherefore  we  do  will  and  firmly  do  command  that  the 
Church  of  England  be  free;  and  that  all  men  in  our  kingdom 
have  and  hold  all  the  aforesaid  liberties,  and  rights,  and  grants, 
well  and  in  peace,  freely  and  quietly,  fully  and  wholly,  as  afore- 
said, to  them  and 
their  heirs,  from  us 
and  our  heirs  for- 
ever. It  is  also 
sworn,  as  well  on 
our  part  as  on  that 
of  the  barons,  that 
all  the  things  afore- 
said 6hall  be  ob- 
served in  good  faith 
and  without  evil  in- 
tention. Witnessed 
by  the  above  and 
many  others.  Given 
by  our  own  hand, 
in  the  mead  called 
Runny  mode,  be- 
tween Windsor  and 
Staines,  this  fif- 
teenth day  of  June 
in  the  seventeenth 
year  of  our  reign. 


SEAL  OF  MAGNA  CHARTA. 


COVENANT  OF  SECURITY. 


THIS  is  the  covenant  made  between  our  lord  John,  king  of 
England,  on  the  one  part,  and  Eobert  Fitzwalter,  elected 
marshal  of  GOD  and  of  the  Holy  Church  in  England,  and  Rich- 
ard  earl  of  Clare,  Geoffrey  earl  of  Essex  and  Gloucester,  Roger 
Bigod  earl  of  Norfolk  and  Suffolk,  Saher  earl  of  Winchester, 
Eobert  earl  of  Oxford,  Henry  earl  of  Hereford,  and  the  barons 
underwritten:  that  is  to  say,  William  Marshall  the  younger 
Eustace  do  Yescy,  William  de  Mowbray,  John  Fitz  Robert, 
Robert  do  Mont-Begon,  William  de  Lauvalay,  and  other  earls 
and  barons  and  freemen  of  the  whole  kingdom,  on  the  other 
part:  namely,  That  they, the  earls  and  barons,  and  others  before 
written,  shall  hold  the  custody  of  the  city  of  London  in  bail 
from  our  lord  the  king ;  saving  that  they  shall  clearly  render  all 
the  debts  and  revenues  within  the  same  to  our  lord  the  king, 
until  the  term  of  the  Assumption  of  the  Blessed  Virgin  Mary, 
in  the  seventeenth  year  of  his  reign. 

And  the  lord  of  Canterbury  shall  hold,  in  like  manner  of  bail, 
from  our  lord  the  king,  the  custody  of  the  tower  of  London,  to 
the  aforesaid  term :  saving  to  the  city  of  London  its  liberties 
and  free  customs,  and  taking  his  oath,  in  the  keeping  of  the  said 
tower,  that  our  lord  the  king  shall,  in  the  meanwhile,  not  place 
a  guard,  or  other  forces,  in  the  aforesaid  city,  nor  in  the  tower 
of  London. 

And  that,  also,  within  the  aforesaid  term,  the  oaths  to  the 
twenty-five  barons  be  tendered  throughout  all  England,  as  it  is 
tendered  in  the  charter  granted  concerning  the  liberties  and 
security  of  the  kingdom,  or  to  the  attorneys  of  the  twenty-five 
barons,  as  it  is  contained  in  the  letters  granted  concerning  the 
election  of  twelve  knights  for  abolishing  evil  customs  of  the 
forests,  and  others.  And  moreover,  within  the  said  term,  all  the 
other  demands  which  the  earls,  barons,  and  other  freemen  do 
ask  of  our  lord  the  king,  which  he  himself  has  declared  to  be 
grafted  to  them,  or  which  by  the  twenty-five  barons,  or  by  the 

xhr'ri 


slviii 


COVENANT    OF  SECURITY. 


greater  part  of  them,  shall  be  judged  proper  to  be  granted,  ar€ 
to  be  given  according  to  the  tenor  of  the  said  charter.  And  if 
these  things  shall  be  done,  or  if  our  lord  the  king,  on  his  part, 
dhall  agree  to  do  them  within  the  term  limited,  then  the  city 
and  tower  of  London  shall,  at  the  same  term,  be  delivered  up  to 
our  lord  the  king;  saving  always  to  the  aforesaid  city  its  liber- 
ties and  free  customs,  as  it  is  before  written.  And  if  these  things 
ihall  not  be  done,  and  if  our  lord  the  king  shall  not  agree  to  do 
them  within  the  period  aforesaid,  the  barons  shall  hold  the  afore- 
said city,  and  the  lord  archbishop  the  tower  of  London,  until 
the  aforesaid  deed  shall  be  completed.  And  in  the  meanwhile, 
all  of  both  parts  shall  recover  the  castles,  lands,  and  towns 
which  have  been  taken  in  the  beginning  of  the  war  that  ha/ 
arisen  between  our  lord  the  king  and  the  baroni. 


INDEPENDENCE  HALL.  PHILADELPHIA. 


CONSTITUTION 

OF  THE 

UNITED  STATES  OF  AMERICA. 


We  the  people  of  the  United  States,  in  order  to  form  a 
more  perfect  union,  establish  justice,  insure  domestic 
Tranquillity,  provide  for  the  common  defence,  promote 
the  general  Welfare,  and  secure  the  Blessings  of  Lib- 
erty to  ourselves  and  our  Posterity,  do  ordain  and 
establish  this  Constitution  for  the  United  States  of 
America. 

ARTICLE  L 
Section  1. 

All  legislative  Powers  herein  granted  shall  be  vested  in  a  Con- 
gress of  the  United  States,  which  shall  consist  of  a  Senate  and 
House  of  Representatives. 

Section  2. 

!The  House  of  Representatives  shall  be  composed  of  Members 
chosen  every  second  Year  by  the  People  of  the  several  States, 
and  the  Electors  in  each  State  shall  have  the  Qualifications  re- 
quisite for  Electors  of  the  most  numerous  Branch  of  the  State 
Legislature. 

2  No  Person  shall  be  a  Representative  who  shall  not  have  at- 
tained to  the  Age  of  twenty-five  Years,  and  been  seven  Years  a 
Citizen  of  the  United  States,  and  who  shall  not,  when  elected, 
be  an  Inhabitant  of  that  State  in  which  he  shall  be  chosen. 

3  Representatives  and  direct  Taxes  shall  be  apportioned  among 
the  several  States  which  may  be  included  within  this  Union, 
according  to  their  respective  numbers,  which  shall  be  determined 

4  xlix 


1 


CONSTITUTION  OF 


by  adding  to  the  whole  Number  of  free  Persons,  including  those 
bound  to  Service  for  a  Term  of  Years,  and  exclading  Indians  not 
taxed,  three  fifths  of  ail  other  Persons.  The  actual  Enumera 
tion  shall  be  made  within  three  Years  after  the  first  Meeting  of 
the  Congress  of  the  United  States,  and  within  every  subsequent 
Term  of  ten  Years,  in  such  Manner  as  they  shall  by  Law  direct. 
The  Number  of  Representatives  shall  not  exceed  one  for  every 
thirty  Thousand,  but  each  State  shall  have  at  Least  one  Repre- 
sentative; and  until  such  enumeration  shall  be  made,  the  State 
of  New  Hampshire  shall  be  entitled  to  chuse  three,  Massachusetts 
eight,  Rhode  Island  and  Providence  Plantations  one,  Connec- 
ticut five,  New-York  six,  New  Jersey  four,  Pennsylvania  eight, 
Delaware  one,  Maryland  six,  Virginia  ten,  North  Carolina  five, 
South  Carolina  five,  and  Georgia  three. 

4  When  vacancies  happen  in  the  Representation  from  any  state, 
the  Executive  Authority  thereof  shall  issue  Writs  of  Election  to 
fill  such  Vacancies. 

*The  House  of  Representatives  shall  chuse  their  Speaker  and 
other  Officers ;  and  shall  have  the  sole  Power  of  Impeachment. 

Section  3. 

irThe  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  chosen  by  the  Legislature  thereof, 
for  six  Years;  and  each  Senator  shall  have  one  Vote. 

*  Immediately  after  they  shall  be  assembled  in  Consequence  ot 
the  first  Election,  they  shall  be  divided  as  equally  as  maybe  into 
three  Classes.  The  Seats  of  the  Senators  of  the  first  Class  shall 
bo  vacated  at  the  Expiration  of  the  second  Year,  of  the  second 
Class  at  the  Expiration  of  the  fourth  Year,  and  of  the  third  Class 
at  the  Expiration  of  the  sixth  Year,  so  that  one-third  may  b« 
chosen  every  second  Year;  and  if  Vacancies  happen  by  Resigna 
tion,  or  otherwise,  during  the  Recess  of  the  Legislature  of  any 
State,  the  Executive  thereof  may  make  temporary  Appoint- 
ments until  the  next  Meeting  of  the  Legislature,  which  shall 
then  fill  such  Vacancies. 

•No  Person  shall  be  a  Senator  who  shall  not  have  attained  to 
the  Ago  of  thirty  Years,  and  been  nine  Years  a  Citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  Inhabitant 
of  that  State  for  which  he  shall  be  chosen. 
*The  Vice  President  of  the  United  States  shall  be  President 


THE    UNITED  STATES. 


li 


of  the  Senate,  but  shall  have  no  Yote,  unless  they  be  equally 
divided. 

•The  Senate  shall  chuse  their  other  Officers,  and  also  a  Presi- 
dent pro  tempore,  in  the  Absence  of  the  Vice  President,  or  when 
he  shall  exercise  the  Office  of  President  of  the  United  States. 

•The  Senate  shall  have  the  sole  Power  to  try  all  Impeachments. 
When  sitting  for  that  Purpose,  they  shall  be  on  Oath  or  Affirma- 
tion. When  the  President  of  the  United  States  is  tried,  the  Chief 
Justice  shall  preside.  And  no  Person  shall  be  convicted  without 
the  Concurrence  of  two  thirds  of  the  Members  present. 

T  Judgment  in  Cases  of  Impeachment  shall  not  extend  further 
than  to  removal  from  Office,  and  Disqualification  to  hold  and 
enjoy  any  Office  of  honour,  Trust  or  Profit  under  the  United 
States  :  but  the  Party  convicted  shall  nevertheless  be  liable  and 
subject  to  Indictment,  Trial,  Judgment  and  Punishment,,  accord- 
ing to  Law. 

Section  4. 

'The  Times,  Places  and  Manner  of  holding  Elections  for  Sena- 
tors and  Eepresentatives,  shall  be  prescribed  in  each  State  by  the 
Legislature  thereof;  but  the  Congress  may  at  any  time  by  Law 
make  or  alter  such  Regulations,  except  as  to  the  places  of  xmusing 
Senators. 

'The  Congress  shall  assemble  at  least  once  in  every  Year,  and 
such  Meeting  shall  be  on  the  first  Monday  in  Decemberr  unless 
they  shall  by  Law  appoint  a  different  Day. 

Section  5. 

'Each  House  shall  be  the  Judge  of  the  Elections,  Returns  and 
Qualifications  of  its  own  Members,  and  a  Majority  of  each  shall 
constitute  a  Quorum  to  do  Business;  but  a  smaller  Number  may 
adjourn  from  day  to  day,  and  may  be  authorized  to  compel  the 
Attendance  of  absent  Members,  in  such  Manner,  and  under  such 
Penalties  as  each  House  may  provide. 

•Each  House  may  determine  the  Rules  of  its  Proceedings, 
punish  its  Members  for  disorderly  Behaviour,  and,  with  the  Con. 
currence  of  two  thirds,  expel  a  Member. 

•Each  House  shall  keep  a  Journal  of  its  Proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  Parts  as  may  in 
their  Judgment  require  Secrecy;  and  the  Yeas  and  Nays  of  the 


lii 


CONSTITUTION  OF 


Members  of  either  House  on  any  question  shall,  at  the  Desire  of 
one  fifth  of  those  Present,  be  entered  on  the  Journal. 

*  Neither  House,  during  the  Session  of  Congress,  shall,  without 
the  Consent  of  the  other,  adjourn  for  more  than  three  days,  nor 
to  any  other  Place  than  that  in  which  the  two  Houses  shall 
be  sitting. 

Section  6. 

*The  Senators  and  Representatives  shall  receive  a  Compensa- 
tion for  their  Services,  to  be  ascertained  by  Law,  and  paid  out 
of  the  Treasury  of  the  United  States.  They  shall  in  all  Cases,  ex- 
cept Treason,  Felony  and  Breach  of  the  Peace,  be  privileged  from 
Arrest  during  their  Attendance  at  the  Session  of  their  respective 
Houses,  and  in  going  to  and  returning  from  the  same ;  and  for 
any  Speech  or  Debate  in  either  House,  they  shall  not  be  ques- 
tioned in  any  other  Place. 

•No  Senator  or  Kepresentative  shall,  during  the  Time  for  which 
he  was  elected,  be  appointed  to  any  civil  Office  under  the  Au- 
thority of  the  United  States,  which  shall  have  been  created,  or 
the  Emoluments  whereof  shall  have  been  encreased  during  such 
time ;  and  no  Person  holding  any  Office  under  the  United  States, 
shall  be  a  Member  of  either  House  during  his  Continuance  in 
office. 

Section  7. 

'All  Bills  for  raising  Revenue  shall  originate  in  the  House  of 
Representatives;  but  the  Senate  may  propose  or  concur  with 
Amendments  as  on  other  Bills. 

■Every  Bill  which  shall  have  passed  the  House  of  Representa- 
tives and  the  Senate,  shall,  before  it  become  a  Law,  be  presented 
to  the  President  of  the  United  States ;  If  he  approve  he  shall 
sign  it,  but  if  not  ho  shall  return  it,  with  his  Objections  to  that 
House  in  which  it  shall  have  originated,  who  shall  enter  the 
Objections  at  large  on  their  Journal,  and  proceed  to  reconsider 
it.  If  after  such  Reconsideration  two  thirds  of  that  House  shall 
agree  to  pass  the  Bill,  it  shall  be  sent,  together  with  the  Objec- 
tions, to  the  other  House,  by  which  it  shall  likewise  be  recon- 
sidered, and  if  approved  by  two  thirds  of  that  House,  it  shall 
become  a  Law.  But  in  all  such  Cases  the  Votes  of  both  House* 
shall  be  determined  by  yeas  and  Nays,  and  the  Names  of  the  Per- 
sons voting  for  and  against  the  Bill  shall  be  entered  on  the  Jour- 


THE    UNITED  STATES. 


iiii 


nal  of  each  House  respectively.  If  any  Bill  shall  not  be  returned 
by  the  President  within  ten  Days  (Sundays  excepted)  after  it 
shall  have  been  presented  to  him,  the  Same  shall  be  a  law,  in  like 
Manner  as  if  he  had  signed  it,  unless  the  Congress  by  their  Ad- 
journment  prevent  its  Keturn,  in  which  Case  it  shall  not  be  a 
Law. 

•Every  Order,  Kesolution,  or  Vote  to  which  the  Concurrent 
of  the  Senate  and  House  of  Eepresentatives  may  be  necessary 
(excent  on  a  question  of  Adjournment)  shall  be  presented  to  the 
President  of  the  United  States;  and  before  the  Same  shall  take 
Effect,  shall  be  approved  by  him,  or  being  disapproved  by  him, 
shall  be  repassed  by  two  thirds  of  the  Senate  and  House  of  Eepre- 
sentatives, according  to  the  Kules  and  Limitations  prescribed  in 
the  Case  of  a  Bill. 

Section  8. 
The  Congress  shall  have  power 

*To  lay  and  collect  Taxes,  Duties,  Imposts  and  Excises,  to  pay 
the  Debts  and  provide  for  the  common  Defence  and  general  Wel- 
fare of  the  United  States ;  but  all  Duties,  Imposts  and  Excises 
shall  be  uniform  throughout  the  United  States ; 

•  To  borrow  Money  on  the  credit  of  the  United  States ; 

•To  regulate  Commerce  with  foreign  Nations,  and  among  the 
several  States,  and  with  the  Indian  Tribes; 

*To  establish  an  uniform  Eule  of  Naturalization,  and  uniform 
Laws  on  the  subject  of  Bankruptcies  throughout  the  United 
States ; 

•To  coin  Money,  regulate  the  Value  thereof,  and  of  foreign 
Coin,  and  fix  the  Standard  of  Weights  and  Measures; 

•To  provide  for  the  Punishment  of  counterfeiting  the  Securi- 
ties and  current  Coin  of  the  United  States ; 

1  To  establish  Post  Offices  and  post  Eoads ; 

•To  promote  the  progress  of  Science  and  useful  Arts,  by  se- 
curing for  limited  Times  to  Authors  and  Inventors  the  exclusive 
Bight  io  their  respective  Writings  and  Discoveries; 

•To  constitute  Tribunals  inferior  to  the  supreme  Court; 

10  To  define  and  punish  Piracies  and  Felonies  committed  on  the 
high  Seas,  and  Offences  against  the  Law  of  Nations; 

"To  declare  War,  grant  Letters  of  Marque  and  Eeprisal,  ana 
make  Eules  concerning  Captures  on  Land  and  Water ; 


CONSTITUTION  OF 


"To  raise  and  support  Armies,  but  no  Appropriation  of  Money 
to  that  "Use  shall  be  for  a  longer  Term  than  two  Years ; 
"To  provide  and  maintain  a  Navy; 

14 To  make  Rules  for  the  Government  and  Regulation  of  the 
land  and  naval  Forces; 

"To  provide  for  calling  forth  the  Militia  to  execute  the  Laws 
of  the  Union,  suppress  Insurrections  and  repel  Invasions; 

w  To  provide  for  organizing,  arming,  and  disciplining,  the  Mili- 
tia, and  for  governing  such  Part  of  them  as  may  be  employed 
in  the  Service  of  the  United  States,  reserving  to  the  States  re 
spectively,  the  Appointment  of  the  Officers,  and  the  Authority 
of  training  the  Militia  according  to  the  Discipline  prescribed 
Congress ; 

"To  exercise  exclusive  Legislation  in  all  Cases  whatsoever, 
over  such  District  (not  exceeding  ten  Miles  square)  as  may,  by 
Cession  of  particular  States,  and  the  Acceptance  of  Congress, 
become  the  Seat  of  the  Government  of  the  United  States,  and  to 
exercise  like  Authority  over  all  Places  purchased  by  the  Consent 
of  the  Legislature  of  the  State  in  which  the  Same  shall  be,  for 
the  Erection  of  Forts,  Magazines,  Arsenals,  Dock-Yards,  and  other 
needful  Buildings;  —  And 

18 To  make  all  Laws  which  shall  be  necessary  and  proper  for 
carrying  into  Execution  the  foregoing  Powers,  and  all  other 
Powers  vested  by  this  Constitution  in  the  Government  of  the 
United  States,  or  in  any  Department  or  Officer  thereof. 

Section  9. 

'The  Migration  or  Importation  of  such  Persons  as  any  of  the 
States  now  existing  shall  think  proper  to  admit,  shall  not  be  pro- 
hibited by  the  Congress  prior  to  the  Year  one  thousand  eight 
hundred  and  eight,  but  a  Tax  or  Duty  may  be  imposed  on  such 
Importation,  not  exceeding  ten  dollars  for  each  Person. 

'The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be  sus- 
pended, unless  when  in  Cases  of  Rebellion  or  Invasion  the  public 
Bafety  may  require  it. 

•No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 

4No  Capitation,  or  other  direct,  Tax  shall  be  laid,  unless  in 
Proportion  to  the  Census  or  Enumeration  herein  tiefore  directed 
to  bo  ^aken. 


THE    UNITED    STATES.  W 

•No  Tax  or  Duty  shall  be  laid  on  Articles  exported  from  any 
State. 

•No  Preference  shall  be  given  by  any  Eegulation  of  Commerce 
or  Revenue  to  the  Ports  of  one  State  over  those  of  another;  nor 
shall  Vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter, 
olear,  or  pay  Duties  in  another. 

TNo  Money  shall  be  drawn  from  the  Treasury,  but  in  Conse- 
quence of  Appropriations  made  by  Law ;  and  a  regular  State- 
ment and  Account  of  the  Eeceipts  and  Expenditures  of  all  publio 
Money  shall  be  published  from  time  to  time. 

•No  Title  of  Nobility  shall  be  granted  by  the  United  States: 
And  no  Person  holding  any  Office  of  Profit  or  Trust  under  them, 
6hall,  without  the  Consent  of  the  Congress,  accept  of  any  pre- 
sent, Emolument,  Office,  or  Title,  of  any  kind  whatever,  from 
any  King,  Prince,  or  foreign  State. 

Section  10. 

xNo  State  shall  enter  into  any  Treaty,  Alliance,  or  Confedera- 
tion; grant  Letters  of  Marque  and  Reprisal;  coin  Money  ;  emit 
Bills  of  Credit ;  make  any  Thing  but  gold  and  silver  Coin  a  Ten 
der  in  Payment  of  Debts ;  pass  any  Bill  of  Attainder,  ex  post 
facto  Law,  or  Law  impairing  the  Obligation  of  Contracts,  or 
grant  any  Title  of  Nobility. 

•No  State  shall,  without  the  consent  of  the  Congress,  lay  any 
Imposts  or  Duties  on  Imports  or  Exports,  except  what  may  be 
absolutely  necessary  for  executing  its  inspection  Laws :  and  the 
net  Produce  of  all  Duties  and  Imposts,  laid  by  any  State  on 
Imports  or  Exports,  shall  be  for  the  Use  of  the  Treasury  of  the 
United  States ;  and  all  such  Laws  shall  be  subject  to  the  Revision 
and  Control  of  the  Congress. 

•No  State  shall,  without  the  Consent  of  Congress,  lay  any 
Duty  of  Tonnage,  keep  Troops,  or  Ships  of  War  in  time  of 
Peace,  enter  into  any  Agreement  or  Compact  with  another  State, 
or  with  a  foreign  Power,  or  engage  in  War,  unless  actually 
invaded,  or  in  such  imminent  Danger  as  will  not  admit  of  Delay 

ARTICLE  II. 
Section  1. 

lThe  executive  Power  shall  be  vested  in  a  President  of  the 
United  States  of  America.    He  shall  hold  his  Office  during  the 


to 


CONSTITUTION  OF 


Term  of  four  Years,  and,  together  with  the  Vice  President, 

chosen  for  the  same  Term,  be  elected,  as  follows:-- 

'Each  State  shall  appoint,  in  such  Manner  as  the  Legislature 
thereof  may  direct,  a  Number  of  Electors,  equal  to  the  whola 
Number  of  Senators  and  Representatives  to  which  the  State  may 
be  entitled  in  the  Congress:  but  no  Senator  or  Eepresentative, 
or  Person  holding  an  Office  of  Trust  or  Profit  under  the  United 
States,  shall  be  appointed  an  Elector. 

•The  Congress  may  determine  the  Time  of  chusing  the  Elec- 
tors, and  the  Day  on  which  they  shall  give  their  Votes;  which 
Day  sball  be  the  same  throughout  the  United  States. 

*No  Person  except  a  natural  born  Citizen,  or  a  Citizen  of  the 
United  States,  at  the  time  of  the  Adoption  of  this  Constitution, 
shall  be  eligible  to  the  Office  of  President;  neither  shall  any 
Person  be  eligible  to  that  Office  who  shall  not  have  attained  to  the 
Age  of  thirty  five  Years,  and  been  fourteen  Years  a  Resident 
within  the  United  States. 

•In  Case  of  the  Removal  of  the  President  from  Office,  or  of 
his  Death,  Resignation,  or  Inability  to  discharge  the  Powers  and 
Duties  of  the  said  Office,  the  same  shall  devolve  on  the  Vice 
President,  and  the  Congress  may  by  Law  provide  for  the  Case 
of  Removal,  Death,  Resignation,  or  Inability,  both  of  the  Presi- 
dent and  Vice  President,  declaring  what  Officer  shall  then  act 
as  President,  and  such  Officer  shall  act  accordingly,  until  the 
Disability  be  removed,  or  a  President  shall  be  elected. 

•The  President  shall,  at  stated  Times,  receive  for  his  Services, 
a  Compensation,  which  shall  neither  be  encreased  nor  diminished 
during  the  Period  for  which  he  shall  have  been  elected,  and  he 
shall  not  receive  within  that  Period  any  other  Emolument  from 
the  United  States,  or  any  of  them. 

'Before  he  enter  on  the  Execution  of  his  Office,  he  shall  take 
the  following  Oath  or  Affirmation  :  — 

11 1  do  solemnly  swear  (or  affirm)  that  I  will  faithfully  execute 
M  the  Office  of  President  of  the  United  States,  and  will  to  the 
M  best  of  my  Ability,  preserve,  protect  and  defend  the  Constitu- 
"  tion  of  the  United  States. 

Section  2. 

*The  President  shall  be  Commander  in  Chief  of  the  Army 
and  Navy  of  the  United  States,  and  of  the  Militia  of  the  several 


THE    UNITED  STATES. 


Ivii 


States,  when  called  into  the  actual  Service  of  the  United  States; 
he  may  require  the  opinion,  in  writing,  of  the  principal  Officer 
in  each  of  the  executive  Departments,  upon  any  Subject  relating 
to  the  Duties  of  their  respective  Offices,  and  he  shall  have  Power 
to  grant  Reprieves  and  Pardons  for  Offences  against  the  United 
States,  except  in  Cases  of  Impeachment. 

"He  shall  have  Power,  by  and  with  the  Advice  and  Consent 
of  the  Senate,  to  make  Treaties,  provided  two  thirds  of  the  Sen- 
ators present  concur ;  and  he  shall  nominate,  and  by  and  with 
the  Advice  and  Consent  of  the  Senate,  shall  appoint  Ambassa- 
dors, other  public  Ministers  and  Consuls,  Judges  of  the  supreme 
Court,  and  all  other  Officers  of  the  United  States,  whose  Appoint- 
ments are  not  herein  otherwise  provided  for,  and  which  shall  be 
established  by  Law :  but  Congress  may  by  Law  vest  the  Ap- 
pointment of  such  inferior  Officers,  as  they  think  proper,  in  the 
President  alone,  in  the  Courts  of  Law,  or  in  the  Heads  of  Departs 
ments. 

•The  President  shall  have  Power  to  fill  up  all  Vacancies  that 
may  happen  during  the  Eecess  of  the  Senate,  by  granting  Com- 
missions which  shall  expire  at  the  End  of  their  next  Session. 

Section  3. 

He  shall  from  time  to  time  give  to  the  Congress  Information 
of  the  State  of  the  Union,  and  recommend  to  their  Consideration 
such  Measures  as  he  shall  judge  necessary  and  expedient ;  he 
may,  on  extraordinary  Occasions,  convene  both  Houses,  or  either 
of  them,  and  in  Case  of  Disagreement  between  them,  with 
Respect  to  the  Time  of  Adjournment,  he  may  adjourn  them  to 
such  Time  as  he  shall  think  proper ;  he  shall  receive  Ambassadors 
and  other  public  Ministers ;  he  shall  take  Care  that  the  Laws  be 
faithfully  executed,  and  shall  Commission  all  the  officers  of  the 
United  States. 

Section  4. 

The  President,  Vice  President,  and  all  civil  Officers  of  the 
I  nited  States,  shall  be  removed  from  Office  on  Impeachment 
for,  and  Conviction  of,  Treason,  Bribery,  or  other  high  Crimes 
and  Misdemeanors. 


Iviii 


CONSTITUTION  OP 


AKTICLE  III. 
Section  1. 

Tho  judicial  Power  of  the  United  States,  shall  be  vested  in 
one  supreme  Court,  and  in  such  inferior  Courts  as  the  Congress 
may  from  time  to  time  ordain  and  establish.  The  Judges,  both 
of  the  supremo  and  inferior  Courts,  shall  hold  their  Offices  during 
good  Behavior,  and  shall,  at  stated  Times,  receive  for  their  Ser- 
vices, a  Compensation,  which  shall  not  be  diminished  during 
Lheir  Continuance  in  Office. 

Section  2. 

'The  judicial  Power  shall  extend  to  all  Cases,  in  Law  and 
Equity,  arising  under  this  Constitution,  the  Laws  of  the  United 
States,  and  Treaties  made,  or  which  shall  be  made,  under  their 
Authority;  —  to  all  Cases  affecting  Ambassadors,  other  public 
Ministers,  and  Consuls;  —  to  all  Cases  of  admiralty  and  mari- 
time Jurisdiction  ; — to  Controversies  to  which  the  United  States 
shall  be  a  Party;  —  to  Controversies  between  two  or  more 
States  ;  —  between  a  State  and  Citizens  of  another  State  ; —  be- 
tween Citizens  of  different  States; — between  Citizens  of  the 
same  State  claiming  Lands  under  Grants  of  different  States,  and 
between  a  State,  or  the  Citizens  thereof,  and  foreign  States,  Cit- 
izens or  Subjects. 

'In  all  Cases  affecting  Ambassadors,  other  public  Ministers 
and  Consuls,  and  those  in  which  a  State  shall  be  a  Party,  the 
supreme  Court  shall  have  original  Jurisdiction.  In  all  the  other 
Cases  before  mentioned,  the  supreme  Court  shall  have  appellate 
Jurisdiction,  both  as  to  Law  and  Fact,  with  such  Exceptions, 
and  under  such  Eegulations  as  the  Congress  shall  make. 

•The  Trial  of  all  Crimes,  except  in  Cases  of  Impeachment, 
shall  bo  by  Jury ;  and  such  Trial  shall  be  held  in  the  State  where 
tho  said  Crimes  shall  have  been  committed  ;  but  when  not  com- 
mitted within  any  State,  the  Trial  shall  be  at  «uch  Place  01 
Places  as  tho  Congress  may  by  Law  have  directed. 

Section  3. 

'Treason  against  the  United  States,  shall  consist  only  in  levy- 
ing War  against  them,  or  in  adhering  to  their  Enemies,  giving 
thorn  Aid  and  Comfort.    No  Person  shall  be  convicted  if  Trea- 


THE    UNITED  STATES. 


lix 


8011  unless'on  the  Testimony  of  two  Witnesses  Lo  the  same  overt 
Act,  or  on  Confession  in  open  Court. 

•The  Congress  shall  have  Power  to  declare  the  Punishment;  of 
Treason,  but  no  Attainder  of  Treason  shall  work  Corruption  of 
Blood,  or  Forfeiture  except  during  the  Life  of  the  Person 
attainted. 

ARTICLE  IY. 
Section  1. 

Full  Faith  and  Credit  shall  be  given  in  each  State  to  the  public 
Acts,  Records,  and  judicial  Proceedings  of  every  other  State. 
And  the  Congress  may  by  general  Laws  prescribe  the  Manner  in 
which  such  Acts,  Records  and  Proceedings  shall  be  proved,  and 
the  Effect  thereof. 

Section  2. 

lThe  Citizens  of  each  State  shall  be  entitled  to  all  Privileges 
and  Immunities  of  Citizens  in  the  several  States. 

•A  Person  charged  in  any  State  with  Treason,  Felony,  or  other 
Crime,  who  shall  flee  from  Justice,  and  be  found  in  another  State, 
shall  on  Demand  of  the  executive  Authority  of  the  State  from 
which  he  fled,  be  delivered  up,  to  be  removed  to  the  State  having 
Jurisdiction  of  the  Crime. 

•No  Person  held  to  Service  or  Labour  in  one  State,  under  the 
Laws  thereof,  escaping  into  another,  shall,  in  Consequence  of  any 
Law  or  Regulation  therein,  be  discharged  from  such  Service  or 
Labour,  but  shall  be  delivered  up  on  Claim  of  the  Party  to  whom 
*uch  Service  or  Labour  may  be  due. 

Section  3. 

'.New  States  may  be  admitted  by  the  Congress  into  this  Union ; 
but  no  new  State  shall  be  formed  or  erected  within  the  Jurisdic- 
tion of  any  other  State ;  nor  any  State  be  formed  by  the  Junc- 
tion of  two  or  more  States,  or  Parts  of  States,  without  the  Con- 
sent  of  the  Legislatures  of  the  States  concerned  as  well  as  of 
the  Congress. 

•The  Congress  shall  have  Power  to  dispose  of  and  make  all 
needful  Rules  and  Regulations  respecting  the  Territory  or  other 
Property  belonging  to  the  United  States ;  and  nothing  in  this 
Constitution  shall  be  so  construed  as  to  Prejudice  any  Claims  of 
the  United  States,  or  of  any  particular  State. 


b 


CONSTITUTION  OF 


Section  4. 

Tbo  United  States  shall  guarantee  to  every  State  in  this  Union 
»  Republican  Form  of  Government,  and  shall  protect  each  of 
them  against  Invasion ;  and  on  Application  of  the  Legislature, 
or  of  the  Executive  (when  the  Legislature  cannot  be  convened) 
against  domestic  Violence. 

ARTICLE  V. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall  deem 
it  necessary,  shall  propose  Amendments  to  this  Constitution,  or, 
on  the  Application  of  the  Legislatures  of  two  thirds  of  the  several 
States,  shall  call  a  Convention  for  proposing  Amendments,  which, 
in  either  Case,  shall  be  valid  to  all  Intents  and  Purposes,  as  Part 
of  this  Constitution,  when  ratified  by  the  Legislatures  of  three 
fourths  of  the  several  States,  or  by  Conventions  in  three  fourths 
thereof,  as  the  one  or  the  other  Mode  of  Ratification  may  be  pro- 
posed by  the  Congress;  Provided  that  no  Amendment  which 
may  be  made  prior  to  the  Year  one  thousand  eight  hundred  and 
eight  shall  in  any  Manner  affect  the  first  and  fourth  Clauses  in  the 
Ninth  Section  of  the  first  Article ;  and  that  no  State,  without  its 
Consent,  shall  be  deprived  of  its  equal  Suffrage  in  the  Senate. 

ARTICLE  VI. 

'All  Debts  contracted  and  Engagements  entered  into,  before 
the  Adoption  of  this  Constitution,  shall  be  as  valid  against  the 
United  States  under  this  Constitution,  as  under  the  Confederation. 

'This  Constitution,  and  the  Laws  of  the  United  States  which 
shall  be  made  in  Pursuance  thereof;  and  all  Treaties  made,  or 
which  shall  be  made,  under  the  authority  of  the  United  States, 
shall  be  the  supreme  Law  of  the  Land  ;  and  the  Judges  in  every 
State  shall  be  bound  thereby,  any  Thing  in  the  Constitution  or 
Laws  of  any  State  to  the  Contrary  notwithstanding. 

•The  Senators  and  Representatives  before  mentioned,  and  the 
Members  of  the  several  State  Legislatures,  and  all  executive  and 
judicial  Officers,  both  of  the  United  States  and  of  the  several 
States,  shall  be  bound  by  Oath  or  Affirmation,  to  support  this 
Constitution ;  but  no  religious  Test  shall  ever  be  required  as  a 
Qualification  to  any  Office  or  public  Trust  under  the  United 
States. 


THE    UNITED  STATES. 


bd 


ARTICLE  VII. 


The  Ratification  of  the  Conventions  of  nine  States,  shall  be 
sufficient  for  the  Establishment  of  this  Constitution  between  the 
States  so  ratifying  the  Same. 

Done  in  Convention  by  the  Unanimous  Consent  of  the 
States  present  the  Seventeenth  Day  of  September  in 
the  Year  of  our  Lord  one  thousand  seven  hundred  and 
Eighty-seven  and  of  the  Independence  of  the  United 
States  of  America  the  Twelfth.  In  Witness  whereof 
We  have  hereunto  subscribed  our  Names, 


GEO  WASHINGTON— 


Presdt  and  deputy  from  Virginia 


John  Langdon, 


NEW  HAMPSHIRE. 

Nicholas  Gilman. 


Nathaniel  Gorham, 


MASSACHUSETTS. 

Rufus  King. 


Wm.  Saml.  Johnson, 


CONNECTICUT. 

Roger  Sherman. 


NEW  YORK. 


Alexander  Hamilton. 


Wil:  Livingston, 
Wm.  Paterson, 


NEW  JERSEY. 

David  Brearley, 
Jona.  Dayton. 


PENNSYLVANIA. 


B.  Franklin, 
Robt.  Morris, 


Tho:  Fitzsimons, 
James  Wilson, 


Thomas  Mifflin, 
Geo:  Clymer, 
Jared  Ingersoll, 
Gouv:  Morris. 


DELAWARE. 


Geo:  Read, 
John  Dickinson, 
Jaco:  Broom. 


Gunning  Bedford,  Jun'r, 
Richard  Bassett. 


James  M'Henry, 
Danl.  Carroll. 


MARYLAND. 

Dan  of  St.  Thos.  Jenifer. 


lxii     CONSTITUTION  OF  THE  UNITED  STATES. 


John  Blaib, 


Wm.  Blount, 
Hu.  Williamson. 

j.  rutledge, 
Charles  Pinckney, 

William  Few, 
Attest: 


VIRGINIA. 

Jas.  Madison,  Jr. 

NORTH  CAROLINA. 

Rich'd  Dobbs  Spaight, 

SOUTH  CAROLINA. 

Charles  Coteswoeth  Pinckney, 
Pierce  Butler. 

GEORGIA. 

Abr.  Baldwin. 

WILLIAM  JACKSON,  Secretary. 


ARTICLES 


IN  ADDITION  TO,  AND  AMENDMENT  OF, 

THE  CONSTITUTION 

OF  THE 

UNITED  STATES  OF  AMERICA. 

Proposed  by  Congress,  and  ratified  by  the  Legislatures  of  the  several 
States,  pursuant  to  the  fifth  article  of  the  original  Constitution. 

(AETICLE  I.) 

Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof ;  or  abridging 
the  freedom  of  speech,  or  of  the  press  ;  or  the  right  of  the  people 
peaceably  to  assemble,  and  to  petition  the  Government  for  a 
redress  of  grievances. 

(AETICLE  II.) 
A  well  regulated  Militia,  being  necessary  to  the  security  of  a 
free  State,  the  right  of  the  people  to  keep  and  bear  Arms,  shall 
not  be  infringed. 

(AETICLE  III.) 
No  Soldier  shall,  in  time  of  peace  be  quartered  in  any  house, 
without  the  consent  of  the  Owner,  nor  in  time  of  war,  but  in 
a  manner  to  be  prescribed  by  Law. 

(AETICLE  IY.) 

The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers  and  effects,  against  unreasonable  seaiches  and  seizures, 
shall  not  be  violated,  and  no  Warrants  shall  issue,  but  upon  prob- 
able cause,  supported  by  Oath  or  affirmation,  and  particularly, 
describing  the  place  to  be  searched,  and  the  persons  or  things  to 
be  seized. 

bail 


Ixiv 


AMENDMENTS. 


(ARTICLE  Y.) 

No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a  Grand 
Jury,  except  in  cases  arising  in  the  land  or  naval  forces,  or  in  the 
Militia,  when  in  actual  service  in  time  of  War  or  public  danger; 
nor  shall  any  person  be  subject  for  the  same  offence  to  be  twice 
put  in  jeopardy  of  life  or  limb;  nor  shall  be  compelled  in  any 
Criminal  Case  to  be  a  witness  against  himself,  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law ;  nor  shall 
private  property  be  taken  for  public  use,  without  just  com- 
pensation. 

(ARTICLE  VI.) 
In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State 
«»r»d  district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation  ;  to  be  con- 
fronted with  the  witnesses  against  him;  to  have  Compulsory 
process  for  obtaining  "Witnesses  in  his  favour,  and  to  have  the 
Assistance  of  Counsel  for  his  defence. 

(ARTICLE  VII.) 
In  Suits  at  common  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be4  pre- 
served, and  no  fact  tried  by  a  jury  shall  be  otherwise  re-examined 
in  any  Court  of  the  United  States,  than  according  to  the  rules 
of  the  common  law. 

(ARTICLE  VIII.) 

Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  and  unusual  punishments  inflicted. 

(ARTICLE  IX.) 
The  enumeration  in  the  Constitution,  of  certain  rights,  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the 
people. 

(ARTICLE  X.) 
The  powers  not  delegated  to  the  United  States  by  the  Consti. 
tution,  nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people. 


AMENDMENT  8. 


Ixv 


(ARTICLE  XI.) 
The  Judicial  power  of  the  United  States  shall  not  be  construed 
U  extend  to  any  suit  in  law  or  equity,  commenced  or  prosecuted 
against  one  of  the  United  States  by  Citizens  of  another  State,  or 
by  Citizens  or  Subjects  of  any  Foreign  State. 

(AETICLE  XII.) 

The  Electors  shall  meet  in  their  respective  states,  and  vote  by 
ballot  for  President  and  Yicc-President,  one  of  whom,  at  least, 
shall  not  be  an  inhabitant  of  the  same  state  with  themselves; 
they  shall  name  in  their  ballots  the  person  voted  for  as  President, 
and  in  distinct  ballots  the  person  voted  for  as  Yice-President, 
and  they  shall  make  distinct  lists  of  all  persons  voted  for  as  Presi- 
dent, and  of  all  persons  voted  for  as  Vice-President,  and  of  the 
number  of  votes  for  each,  which  lists  they  shall  sign  and  certify, 
and  transmit  sealed  to  the  seat  of  the  government  of  the  United 
States,  directed  to  the  President  of  the  Senate;  —  The  President 
of  the  Senate  shall,  in  presence  of  the  Senate  and  House  of  E&- 
presentatives,  open  all  the  certificates  and  the  votes  shall  then 
be  counted;  —  The  person  having  the  greatest  number  of  votes 
for  President,  shall  be  the  President,  if  such  number  be  a  majority 
of  the  whole  number  of  Electors  appointed ;  and  if  no  person 
bave  such  majority,  then  from  the  persons  having  the  highest 
numbers  not  exceeding  three  on  the  list  of  those  voted  for  as 
President,  the  House  of  Eepresentatives  shall  choose  immedi- 
ately, by  ballot,  the  President.  But  in  choosing  the  President, 
the  votes  shall  be  taken  by  states,  the  representation  from  each 
state  having  one  vote;  a  quorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two-thirds  of  the  states,  and  a 
majority  of  all  the  states  shall  be  necessary  to  a  choice.  And  if 
the  House  of  Eepresentatives  shall  not  choose  a  President  when- 
over  the  right  of  choice  shall  devolve  upon  them,  before  the  fourth 
day  of  March  next  following,  then  the  Vice-President  shall  act 
as  President,  as  in  the  case  of  the  death  or  other  constitutional 
disability  of  the  President.  The  person  having  the  greatest 
number  of  votes  as  Vice-President,  shall  be  the  Vice-President, 
if  such  number  be  a  majority  of  the  whole  number  of  Electors 
appointed,  and  if  no  person  have  a  majority,  then  from  the  two 
highest  numbers  on  the  list,  the  Senate  shall  choose  the  Vice- 
6 


Ixvi 


AMENDMENTS. 


President;  a  quorum  for  the  purpose  shall  consist  of  two-thirdi 
of  the  whole  number  of  Senators,  and  a  majority  of  the  wholt 
number  shall  be  necessary  to  a  choice.  But  no  person  constitn- 
tionally  ineligible  to  the  office  of  President  shall  be  eligible  to  that 
of  Vice-President  of  the  United  States. 

(AETICLE  XIII.) 
Section  1. 

Neither  slavery  nor  involuntary  servitude,  except  as  a  punish- 
ment for  crime,  whereof  the  party  shall  have  been  duly  con- 
victed, 6hall  exist  in  the  United  States,  or  any  place  subject  to 
their  jurisdiction. 

Section  2. 

Congress  shall  have  power  to  enforce  this  article  by  appropri- 
ate legislation. 

(AETICLE  XIV.) 
Section  1. 

All  persons  born  or  naturalized  in  the  United  States  and  sub- 
ject to  the  jurisdiction  thereof,  are  citizens  of  the  United  States 
and  of  the  State  wherein  they  reside.  No  State  shall  make  or 
enforce  any  law  which  shall  abridge  the  privileges  or  immunities 
of  citizens  of  the  United  States;  nor  shall  any  State  deprive 
any  person  of  life,  liberty,  or  property,  without  due  process  of 
law,  nor  deny  to  any  person  within  its  jurisdiction  the  equal  pro- 
tection of  the  laws. 

Section  2. 

Eepresentatives  shall  be  apportioned  among  the  several  Stateo 
according  to  their  respective  numbers,  counting  the  whole  num- 
ber of  persons  in  each  State,  excluding  Indians  not  taxed.  But 
when  the  right  to  vote  at  any  election  for  the  choice  of  electors 
for  President  and  Vice-President  of  the  United  States,  represent- 
atives in  Congress,  the  executive  and  judicial  officers  of  a  State, 
or  the  members  of  the  Legislature  thereof,  is  denied  to  any  of 
the  male  inhabitants  of  such  State,  being  twenty-one  years  of 
age  and  citizens  of  the  United  States,  or  in  any  way  abridged, 
except  for  participation  in  rebellion  or  other  crime,  the  basis  of 
representation  therein  shall  be  reduced  in  the  proportion  which 


AMENDMENTS. 


ixvii 


the  number  of  such  male  citizens  shall  bear  to  the  whole  number 
of  male  citizens  twenty-one  years  of  age  in  such  State. 

Section  3. 

No  person  shall  be  a  Senator,  or  representative  in  Congress, 
or  elector  of  President  and  Vice-President,  or  hold  any  office, 
civil  or  military,  under  the  United  States,  or  under  any  State^ 
who,  having  previously  taken  an  oath  as  a  member  of  Congress, 
or  as  an  officer  of  the  United  States,  or  as  a  member  of  any  State 
Legislature,  or  as  an  executive  or  judicial  officer  of  any  State,  to 
3upport  the  Constitution  of  the  United  States,  shall  have  engaged 
in  insurrection  or  rebellion  against  the  same,  or  given  aid  or 
comfort  to  the  enemies  thereof.  But  Congress  may,  by  a  vote 
of  two-thirds  of  each  House,  remove  such  disability. 

Section  4. 

The  validity  of  the  public  debt  of  the  United  States  author- 
ized by  law,  including  debts  incurred  for  the  payment  of  pen- 
sions and  bounties  for  services  in  suppressing  insurrection  or 
rebellion,  shall  not  be  questioned.  But  neither  the  United  States, 
ior  any  State,  shall  assume  to  pay  any  debt  or  obligation  in- 
curred in  aid  of  insurrection  or  rebellion  against  the  United 
States,  or  any  claim  for  the  loss  or  emancipation  of  any  slave; 
but  all  such  debts,  obligations,  and  claims,  shall  be  held  illegal 
and  void. 

Section  5. 

Congress  shall  have  power  to  enforce,  by  appropriate  legisla- 
tion, the  provisions  of  this  article. 

(AETICLB  XV.) 
Section  1. 

The  right  of  citizens  of  the  United  States  to  vote  shall  not  be 
denied  or  abridged  by  the  United  States  or  by  any  State  on 
account  of  race,  color,  or  previous  condition  of  servitude. 

Section  2. 

The  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

The  following  is  prefixed  to  the  first  ten  *  of  the  preceding  amendments. 

*  It  may  be  proper  here  to  state  that  twelve  artic.es  of  amendment  were  pro- 
posed by  the  first  Congress,  of  which  but  ten  were  ratified  by  the  States  —  tht 


Lxviii 


AMENDMENTS. 


CONGRESS  OF  THE  UNITED  STATES. 

Be«;iiu  and  held  at  the  City  of  New  York,  on  Wednesday,  the  fourth  of  March, 
>ne  thousand  seven  hundred  and  eighty-nine. 

The  Conventions  of  a  number  of  the  States,  having  at  the  time 
of  their  adopting  the  Constitution,  expressed  a  desire,  in  order 
to  prevent  misconstruction  or  abuse  of  its  powers,  that  further 
declaratory  and  restrictive  clauses  should  be  added :  And  as  ex- 
tending the  ground  of  public  confidence  in  the  Government,  will 
best  insure  the  beneficent  end  of  its  institution  ; 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
Mates  of  America,  in  Congress  assembled,  two  thirds  of  both  Houses 
concurring,  That  the  following  Articles  be  proposed  to  the  Legis- 
latures of  the  several  States,  as  amendments  to  the  Constitution 
of  the  United  States,  all,  or  any  of  which  articles,  when  ratified 
by  three-fourths  of  the  said  Legislatures,  to  be  valid  to  all  intents 
and  purposes,  as  part  of  the  said  Constitution  ;  viz. ; 

Articles  in  addition  to,  and  Amendment  of  the  Constitution 
of  the  United  States  of  America,  proposed  by  Congress,  and 
ratified  by  the  Legislatures  of  the  several  States  pursuant  to  the 
fifth  article  of  the  original  Constitution. 

The  first  ten  amendments  of  the  Constitution  were  ratified  by 
the  States,  as  follows,  viz. : 
By  New  Jersey,  20th  November,  1789. 
By  Maryland,  19th  December.  1789. 
3y  North  Carolina,  22d  December,  1789. 
By  South  Carolina,  19th  January,  1790. 
By  New  Hampshire,  25th  January,  1790. 
By  Delaware,  28th  January,  1790. 
By  Pennsylvania,  10th  March,  1790. 
By  New  York,  27th  March,  1790. 
By  Ehode  Island,  15th  June,  1790. 
By  Vermont,  3  November,  1791. 
By  Virginia,  15  December,  1791. 

first  and  second  in  order  not  having  been  ratified  by  the  requisite  numoer  of 

States. 

1  hese  two  were  as  follows: 

Article  the  first....After  the  first  enumeration  required  by  the  first  Article  of 
the  Constitution,  there  shall  be  one  Representative  for  every  thirty  tnousand, 
until  the  rumber  shall  amount  to  one  hundred,  after  which,  the  proportion 


AMENDMENTS?. 


The  following  is  prefixed  to  the  eleventh  of  the  preceding  amendments. 

THIRD  CONGKESS  OF  THE  UNITED  STATES : 
At  the  first  session,  begun  and  held  at  the  city  of  Philadelphia,  in  tht 
State  of  Pennsylvania,  on  Monday  the  second  of  December,  out 
thousand  seven  hundred  and  ninety-three. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,  in  Congress  assembled,  two  thirds  of  both  Houses 
concurricg,  That  the  following  Article  be  proposed  to  the  Legis- 
latures of  the  several  States,  as  an  amendment  to  the  Constitu- 
tion of  the  United  States;  which  when  ratified  by  three-fourtha 
of  the  said  Legislatures  shall  be  valid  as  part  of  the  said  Con- 
'titution,  viz. : 

r  he  following  is  prefixed  to  the  twelfth  of  the  preceding  amendments: 

EIGHTH  GONGKESS  OF  THE  UNITED  STATES : 
At  the  first  session,  begun  and  held  at  the  city  of  Washington,  in  the 
Territory  of  Columbia,  on  Monday  the  seventeenth  of  October,  one 
thousand  eight  hundred  and  three  : 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America,  in  Congress  assembled,  Two  thirds  of  both  Houses 
concurringpthat  in  lieu  of  the  third  paragraph  of  the  first  section 
of  the  second  article  of  the  Constitution  of  the  United  States, 
the  following  be  proposed  as  an  amendment  to  the  Constitution 
of  the  United  States,  which  when  ratified  by  three-fourths  of  the 
legislatures  of  the  several  states,  shall  be  valid  to  all  intents  and 
purposes,  as  part  of  the  said  Constitution,  to  wit : 

The  first  ten  of  the  preceding  amendments  were  proposed  at 
the  first  session  of  the  first  Congress,  of  the  United  States,  25 
September,  1789,  and  were  finally  ratified  by  the  constitutional 
number  of  States,  on  the  15th  day  of  December,  1791.  The 

shall  be  so  regulated  by  Congress,  that  there  shall  not  be  less  than  one  hundred 
Representatives,  nor  less  than  one  Representative  for  every  forty  thousand 
persons,  until  the  number  of  Representatives  shall  amount  to  two  hundred, 
after  which  the  proportion  shall  be  so  regulated  by  Congress,  that  there  shall 
not  be  less  than  two  hundred  Representatives,  nor  more  than  one  Representa- 
tive for  every  fifty  thousand  persons. 

Article  second....No  law,  varying  the  compensation  for  the  services  of  th« 
Senators  and  Representatives,  shall  take  effect,  until  an  election  of  Represent 
•tires  shall  have  intervened. 


lxx 


AMENDMENTS. 


eleventh  amendment  wa8  proposed  at  the  first  session  of  tn« 
third  Congress,  5  March,  1794,  and  was  declared  in  a  message 
from  the  President  of  the  United  States  to  both  houses  of  Con- 
gress, dated  8th  January,  1798,  to  have  been  adopted  by  the  con- 
stitutional number  of  States.  The  twelfth  amendment  was  pro- 
posed at  the  first  session  of  the  eighth  Congress,  12  December, 

1803,  and  was  adopted  by  the  constitutional  number  of  States  in 

1804,  according  to  a  public  notice  thereof  by  the  Secretary  of 
State,  dated  25th  September,  of  the  same  year. 


AMERICAN  BASTILE. 


COLONEL  LAMBDIN  P.  MILLIGAN. 

LAMBDIN  P.  MILLIGAN  is  of  Irish  descent,  and  was 
born  and  raised  in  Belmont  County,  Ohio.  His  only 
opportunities  for  acquiring  an  education  were  enjoyed  before 
he  was  eight  years  of  age,  at  which  time  he  could  read  well. 
At  seventeen  he  evinced  a  great  desire  to  have  an  education 
preparatory  to  the  study  of  medicine.  His  father,  proud  of 
his  attainments,  promised  to  send  him  to  college,  but  was 
compelled  to  forego  so  doing  by  the  opposition  of  his  wife, 
who  insisted  that  no  distinction  should  be  made  in  the  educa- 
tion of  their  children. 

Subsequently  he  left  home,  regardless  of  the  wishes  and 
threats  of  his  father,  who  declared  that  he  would  disinherit 
him  if  he  did  so.  Without  a  dime  in  his  pockets  he  began 
his  career  among  strangers.  Thrown  upon  his  own  resources, 
all  the  energies  of  his  mind  and  body  were  exerted  to  obtain 
a  livelihood,  and  to  these  efforts  may  be  traced  his  after 
success. 

He  had  previously  abandoned  the  idea  of  studying  medi- 
cine, and  had  chosen  the  profession  of  law,  which  he  read  with 
great  earnestness,  and  mastered  with  facility.  He  stood  at 
the  head  of  a  class  of  nine,  examined  by  a  committee  of  the 
Supreme  Court  of  Ohio,  consisting  of  Judges  Goodnow,  Ken- 
non,  and  Cowan,  Governor  Shannon,  Mr.  Alexander,  and  Mr. 
Carroll.  Of  this  class  there  are  now  living  the  Hon.  Matthew 
Gaston,  Cambridge,  Ohio;  Hon.  Peter  Saltman,  St.  Clairs- 

(71) 


72 


AMEBICAN  BASTILE. 


ville,  Ohio ;  and  the  Hon.  Edwin  M.  Stanton,  ex-Secretary 
of  War. 

A  few  years  after,  Colonel  Milligan  removed  to  Hunting- 
ton, Indiana,  where  he  still  resides.  For  several  years  he 
Buffered  much  from  epilepsy  and  spinal  meningitis,  with 
paralysis  of  the  lower  limhs,  during  which  time  he  was 
unable  to  practise  at  his  profession. 

In  1853,  Colonel  Milligan,  having  recovereu  his  health, 
commenced  the  practice  of  his  profession,  and  soon  rose  to 
the  foremost  rank  at  the  bar.  He  is  not  a  politician  ;  but,  in 
1861,  opposed  with  great  energy  every  movement  looking 
toward  a  collision  between  the  North  and  South. 

In  1863,  he  addressed  a  meeting  at  Plymouth,  Indiana , 
and  by  his  speech  most  conclusively  demonstrated  that  the 
war  had  neither  been  beguu  nor  prosecuted  to  preserve  the 
Union.  He  referred  to  the  antecedents  of  the  party  then  in 
power,  their  oft-repeated  declarations  of  hostility  to  the  Con 
stitution,  and  the  many  opportunities  for  a  compromise,  con- 
sistent with  the  integrity  of  the  Union,  which  had  beeu 
spurned,  and  the  war  continued  for  the  purpose  of  breaking 
down  the  influence  of  the  agricultural  districts  of  the  coun- 
try, and  elevating  the  moneyed  and  manufacturing  interests, 
that  the  party  in  power  might  control  the  legislation  of 
Congress. 

Detectives  having  reported  the  speech,  the  Republican  press 
soon  teemed  with  denunciatory  articles,  charging  him  with 
treason.  Early  in  1864,  Dr.  Zumro,  a  special  detective,  was 
appointed  to  watch  him.  A  part  of  the  plan  consisted  in  an 
arrangement  to  have  the  doctor  arrested  on  some  political 
charge,  when  he  was  to  visit  Colonel  Milligan  for  counsel, 
gain  his  confidence,  and  learn  his  personal  sentiments.  In 
pursuance  of  this  arrangement,  a  military  officer  was  sent 
from  a  distant  part  of  the  State,  and  the  arrest  of  Dr.  Zumro 
made  with  great  formality.  This  hireling  sought  the  coun- 
sel of  the  Colonel,  and  employed  him  as  attorney  to  defend 
mm.  The  doctor,  in  his  anxiety,  played  his  part  so  poorl} 
that  he  was  detected,  and  the  scheme  failed. 


♦ 


COLONEL    LAMBD1K    1*.    MILLitJ  AN  7-J 

On  the  13th  of  August,  in  the  same  year,  the  Colonel  ad- 
dressed a  large  meeting  at  Fort  Wayne.  A  detective,  Mr. 
Bush,  was  sent  from  Cincinnati  purposely  to  report  his  speech, 
which  he  did  in  a  manner  to  please  his  employers.  The 
speech  was  an  able  aDd  eloquent  one,  and  prophetically  pic- 
tured the  future,  which  time  has  demonstrated.  The  Ad- 
ministration, and  particularly  Governor  Morton,  who  was 
then  a  candidate  for  re-election,  were  greatly  incensed  at  itT 
and  resolved  on  the  destruction  of  its  author.  Shortly  after 
this,  Colonel  Milligan  was  taken  sick  ;  erysipelas  attacked  his 
left  leg.  He  lost  the  entire  use  of  the  limb,  and  was  confined 
to  bed.  In  this  condition  he  remained  for  several  days,  his 
neighbors  hourly  expecting  to  hear,  of  his  death. 

While  thus  confined,  on  the  5th  of  October,  1864,  about 
11  o'clock  p.  m.,  a  train  of  cars  stopped  at  his  residence  with 
a  company  of  soldiers,  under  the  command  of  Captain  Case, 
who  immediately  surrounded  his  house,  and  arrested  the 
Lionel  without  affidavit,  warrant,  or  any  form  of  authority. 
They  kept  the  house  guarded  until  four  o'clock  in  the  morn- 
ing, when  they  carried  him  to  the  cars,  the  captain  repeatedly 
giving*  orders  to  his  men  that,  upon  the  first  noise  of  any 
kind,  they  must  shoot  the  prisoner.  The  train  conveying 
the  prisoner  arrived  at  Indianapolis,  a  distance  of  a  hun- 
dred miles,  about  3  o'clock  p.  m.,  where  an  infuriated  mob 
of  thousands  thronged  the  streets,  uttering  threats  and 
imprecations.  Here  he  was  transferred  to  an  ambulance, 
and  taken  to  General  Hovey's  headquarters,  where  he  de- 
manded to  be  liberated  on  bail,  offering  to  answer  any  charges 
that  might  be  brought  against  him.  This  request  was  denied, 
and  he  was  told  that  he  had  "  no  rights  which  a  loyal  citizen 
was  bound  to  respect."  Thence  he  was  taken  to  the  post 
commander's  headquarters,  who  had  received  a  telegram 
from  an  evil-disposed  person,  to  the  effect  that  the  prisoner 
was  not  sick,  but  merely  pretending  to  be  so. 

The  post-commander,  Colonel  Warner,  burning  with  rage, 
denounced  the  prisoner  in  a  coarse,  vulgar,  and  even  brutal 
manner;  avowing  that  no  quarter  should  be  shown  him, 


/ 


74  AMERICAN  BASTILE. 

Colonel  Milligan  replied  to  this  tirade  of  abuse,  saying :  "  It 
is  easy  to  make  charges,  but  sometimes  difficult  to  prove 
them.',  Colonel  Warner  told  him  that  he  would  have  to 
prove  himself  innocent,  but  that  no  Copperhead  evidence 
would  be  taken. 

He  was  then  taken  to  one  of  the  temporary  hospitals,  and 
placed  in  an  open  shed.  It  was  now  5  o'clock  p.  M.  The  Co- 
lonel, who  had  had  no  refreshments  of  any  kind  for  twenty 
four  hours,  was  then  furnished  with  some  cold  pork  and 
hardtack,  which  he  could  not  eat,  and  from  exhaustion  soon 
fell  asleep.  "When  he  awoke  he  found  himself  literally  cov- 
ered with  vermin.  The  next  day,  workmen  commenced  build- 
ing a  house  around  and  over  him,  causing  noise  enough  to 
distract  a  sick  man  whose  nerves  were  already  shattered  by 
the  suffering  he  had  endured.  The  sawdust  and  chips  from 
the  work  fell  upon  him,  and  in  his  bed,  making  his  situation 
miserable. 

He  remained  confined  in  this  place  for  ten  days,  surrounded 
by  thousands  of  drunken  soldiers,  who  had  come  home  on 
furlough  to  vote  for  Governor  Morton  at  the  approaching 
election.  Some  of  these  miscreants  manifested  their  loyalty 
by  insulting  him,  pointing  their  guns  at,  and  threatening  to 
shoot  him.  "  Loyal  "  citizens  visited  him  to  get  a  sight  of 
their  victim,  and  rejoice  over  their  diabolical  work.  From 
this  shed  he  was  carried  to  a  prison  in  the  Federal  court 
building,  and  placed  in  a  room  with  a  wretch,  who,  to  save 
his  own  neck,  had  consented  to  play  the  spy  upon  him. 

He  remained  here  until  he,  together  with  Colonel  Wm.  A. 
Bowles,  Stephen  Horsey,  Andrew  Humphrey,  and  Horace 
Heffner,  was  put  upon  trial,  on  the  following  charges,  to  all 
of  which  he  pleaded  not  guilty.  The  charges  and  specifica- 
tions are  too  long  to  insert  here  in  extenso.  We  give  tnem 
in  an  abridged  form,  as  contained  in  Wallace's  United  States 
Supreme  Court  Reports,  page  6,  vol.  iv.  (This  case  is  fully 
reported  in  the  above  volume,  covering  140  pages,  and  is  one 
of  the  most  important  ever  decided  in  this  country.)  From 
Wallace's  Reports,  we  quote: 


COLONEL    LAMBDIN    P.    MILLIGAN.  75 

"  Lambdin  P.  Milligan,  a  citizen  of  the  United  States,  and 
a  resident  and  citizen  of  the  State  of  Indiana,  was  arrested 
on  the  5th  day  of  October,  1864,  at  his  home  in  the  said 
State,  by  the  order  of  Brevet  Major-General  Hovey,  military 
commandant  of  the  District  of  Indiana ;  and,  by  the  same 
authority,  confined  in  a  military  prison  at  or  near  Indiana- 
polis, the  capital  of  the  State.  On  the  21st  of  the  same  m  onth, 
he  was  placed  on  trial  before  a  '  military  commission,'  con- 
vened at  Indianapolis,  by  order  of  the  said  general,  upon  the 
following  charges,  preferred  by  Major  Burnett,  J udge  Advo 
cate  of  the  Northwestern  Military  Department,  namely : 

"  1st  '  Conspiring  against  the  Government  of  the  United 
States.' 

"  2c?.  '  Affording  aid  and  comfort  to  rebels  against  th€ 
authority  of  the  United  States.' 
"  36?.  '  Inciting  insurrection.' 
"        '  Disloyal  practices ; '  and 
"5th.  'Violation  of  the  laws  of  war.' 

"  Under  each  of  these  charges  there  were  various  specifica- 
tions. The  substance  of  them  was  joining  and  aiding,  at 
different  times  between  October,  1863,  and  August,  1864,  a 
secret  society  known  as  the  '  Order  of  American  Knights,' 
or  'Sons  of  Liberty,'  for  the  purpose  of  overthrowing  the 
Government  and  duly  constituted  authorities  of  the  United 
States ;  holding  communication  with  the  enemy  ;  conspiring 
to  seize  munitions  of  war  stored  in  the  arsenals ;  to  liberate 
prisoners  of  war,  etc. ;  resisting  the  draft,  etc.,  .  .  .  '  at  a 
period  of  war  and  armed  rebellion  against  the  authority  of 
the  United  States,  at  or  near  Indianapolis,'  (and  various 
other  places  specified,) '  in  Indiana,  a  State  within  the  mili- 
tary lines  of  the  army  of  the  United  States,  and  the  theatre 
of  military  operations,  and  which  had  been  and  was  con- 
stantly threatened  to  be  invaded  by  the  enemy.' "  These  were 
amplified  and  stated  in  various  forms. 

We  proceed  with  the  trial. 

The  commission  which  had  been  organized  to  try  II.  II. 
Dodge,  Esq.,  was  directed  to  try  these  charges;  but,  by  the 


76  AMERICAN  BASTILE. 

Interposition  of  some  influential  persons  who  were  anxioui 
for  conviction,  it  was  subsequently  reorganized.  Induce- 
ments were  held  out  to  men  who  signified  their  willingness 
to  convict  in  advance.  The  commission  was  enlarged. 
Stephens,  Bennett,  Williams,  and  Heath  were  added  to  it. 
Nothing  now  was  required  but  the  formalities  of  a  mock 
trial.  Conviction  was  sure.  The  chamber  where  the  com- 
mission sat  was  close  to  the  prison,  and,  night  after  night,  it 
was  made  hideous  by  the  army  officers,  who  declared  fidelity 
to  the  murderous  adventure.  The  prisoners  frequently  heard 
the  members  of  the  commission  declare  their  intention  to 
nang  them.  Preferring  the  court  to  the  camp,  they  were 
neither  sparing  of  their  pledges  to  convict,  nor  chaste  in  their 
terms  of  denunciation.  The  members  of  the  commission 
were  as  obsequious  to  their  employers  as  they  were  vulgar 
and  insolent  to  the  prisoners  and  their  counsel.  The  J udge 
Advocate  was  Henry  L.  Burnett,  whose  talents  and  courage 
manifested  themselves  in  acts  of  impudence  and  tyranny. 

An  objection,  raised  by  Colonel  Milligan,  as  to  the  author- 
ity of  the  commission  to  try  him,  was  overruled. 

The  trial  commenced  with  much  pomp.  Witnesses  were 
hired,  suborned,  or  intimidated.  Testimony  was  manufac- 
tured to  the  morbid  relish  of  an  excited  public.  Reporters 
were  called  and  sworn.  False  and  exaggerated  rumors  were 
accepted  as  evidence.  Public  excitement  ran  high,  and 
clamor  grew  louder  and  louder.  Lawlessness  assumed  form. 
Thick  clouds  of  terror  gathered  along  the  horizon,  and,  rising 
higher  and  higher,  now  towered  to  the  zenith  —  their  folds 
livid  with  blood.  Friends,  with  few  exceptions,  retired  with 
pallid  cheeks.  Heffher  sank  a  victim  to  his  fears,  took  the 
witness  stand,  and  swore  as  men  swear  with  a  halter  arounc* 
their  necks.  Colonel  M.  remained  firm  and  collected  during 
this  trying  ordeal,  and  exhorted  his  counsel  to  be  true  and 
steadfast,  regardless  of  the  consequences. 

About  the  time  of  the  trial  he  was  removed  from  the 
Federal  court  building,  to  the  Soldiers'  Home  prison.  He  was 
forced  to  walk  the  distance,  over  a  mile,  upon  a  crutct>  *nd, 


COLONEL    LAMB  DIN    P.  MILLIGAN. 


77 


aever  having  tried  to  walk  on  one  before,  the  effort  was  too 
much  for  him.  It  paralyzed  his  arm,  and  threw  him  into  a 
fever,  from  which  he  did  not  recover  for  several  days.  In 
this  prison  he  was  put  into  a  small  cell,  near  a  pork-house 
and  hog-yard,  and  the  stench  emitted  from  these,  together 
with  the  squealing  of  the  hogs  not  yet  slaughtered,  com 
bined  to  render  the  place  horrible.  The  prison  had  been 
planked  up  with  rough,  green  plank,  placed  perpendicularly, 
the  joints  of  which  remained  unbroken.  These  had  shrunk 
until  the  cracks  were  a  full  inch  wide. 

The  weather  was  extremely  cold,  and  through  these  cracks 
the  chill  winds  of  winter  whistled  in  bitter  mockery  on  the 
half-starved  and  scantily  clothed  inmates.  These  crevices  re- 
mained open  for  more  than  two  weeks  after  the  Colonel  oc- 
cupied the  cell.  There  were  four  persons  in  the  cell  with 
him,  but  it  had  been  occupied  by  a  much  larger  number,  and 
was  as  filthy  as  it  could  possibly  be. 

On  some  occasions  when  the  rations  were  served,  the  Colo- 
nel could  not  get  to  the  cubby-hole  as  quickly  as  the  servant 
thought  he  ought,  and  for  that  reason  threw  his  rations  into 
the  filth  on  the  floor.  The  prison  had  a  hall  in  the  centre, 
and  a  row  of  cells  on  each  side.  At  the  south  end  of  the 
hall  was  a  large  room  as  wide  as  the  hall  and  both  rows  of 
cells  combined.  In  this  room  more  than  three  hundred  per 
Bons  were  crowded,  rendering  the  atmosphere  suffocating  and 
sickening.  There  was  one  general  roof  over  the  whole  build- 
ing. The  attic  remained  undivided,  and  was  occupied  by  the 
guard ;  and  as  the  cells  were  merely  covered  with  lattice- 
work, upon  which  they  patrolled,  the  whole  upper  part  of  the 
b  lilding  was  in  communication  with  the  lower  part.  Whep 
the  south  wind  blew,  pestilential  exhalations  from  the  large 
room  filled  every  cell.  None  of  the  occupants  could  remedy 
this,  because  the  room  was  so  crowded  that  filth  was  un- 
avoidable. 

In  the  hall  opposite  the  cell  occupied  by  the  Colonel  was  a 
trap-door,  whbh  led  to  the  coal-hole,  an  excavation  ten  feet 
deep,  without  Hght  or  ventilation.    This  was  a  place  of  pun- 


78 


AMERICAN  BASTILE. 


iehment  for  refractory  soldiers,  citizens,  bounty-jumpers,  and 
drunken  men.  The  innocent  and  the  guilty  were  alike  its 
occupants.  Any  one  who  fell  under  the  ban  of  the  com- 
mandant, or  his  subordinates,  was  consigned  to  that  horrible 
place.  Some  were  taken  out  alive  and  survived,  others  were 
taken  to  the  hospital  to  die,  while  a  few  died  in  it.  An  ex- 
speaker  of  the  Indiana  House  of  Representatives,  named 
Tarboth,  was  placed  in  this  modern  "black-hole"  at  10 
o'clock  p.m.,  and  taken  out  at  9  a.m.,  the  following  morning, 
death-stricken.  In  two  days  afterward  his  funeral  was 
noticed  in  the  papers. 

The  hall  in  this  prison  was  made  hideous  with  the  groans 
of  the  victims  of  cruelty,  who  had  been  strung  up  with  a 
hand-cord  round  the  wrists,  until  their  agonies  were  more 
than  humanity  could  silently  endure. 

We  give  one  instance  where  a  poor  Irishman,  who  hailed 
from  Kendallville,  Indiana,  was  subjected  to  this  inquisitorial 
torture.  He  was  found  on  the  streets  dressed  in  blue,  was 
seized,  brought  before  Colonel  Warner,  who  directed  that  he 
be  swung  up  one  half-hour,  then  put  in  the  coal-hole  an  hour, 
and  this  treatment  alternated  until  he  would  tell  to  what 
regiment  he  belonged.  Sergeant  Wm.  Williams  had  charge 
of  him.  He  inquired  of  him  to  what  regiment  he  belonged. 
He  said  he  "  did  not  belong  to  any  regiment,  that  he  had  en- 
listed at  Kendallville,  as  a  substitute  for  a  drafted  man,  whoso 
name  he  gave,  and  that  he  had  been  directed  to  report  at 
Camp  Carrington,  and  that  he  had  not  yet  been  assigned  to 
any  regiment." 

This  answer,  although  not  doubted,  was  not  the  answer 
that  Colonel  Warner  had  directed  him  to  exact,  and  the 
sergeant  could  not  release  him.  The  poor  victim  begged  the 
sergeant  to  report  his  answer  to  Colonel  Warner,  but  he  re- 
plied that  the  colonel  had  gone  to  bed,  and  his  orders  were 
to  continue  the  punishment  until  he  answered  to  what  regi- 
ment he  belonged.  This  cruelty  was  inflicted  throughout 
the  entire  night  and  until  10  o'clock  A.  M.,  the  following 
day,  when  the  colonel  ordered  its  suspension. 


COLONEL    LAMBDIN    P.  MILLIGAN. 


79 


This  per  fellow  lost  the  use  of  both  hands.  Of  all  the 
punishment  inflicted  on  Colonel  Milligan,  as  he  afterward 
remarked,  none  was  so  severe  as  the  agonizing  wails  of  the 
poor  victims,  who  were  punished,  in  many  instances,  to 
gratify  the  caprice  of  the  commander  of  the  post. 

The  Colonel  was  found  guilty  on  all  the  charges,  and  sen- 
tenced to  suffer  death  by  hanging. 

The  commission  became  intoxicated,  and  published  their 
sentence  the  same  night  he  was  found  guilty,  but  it  created 
little  sensation,  as  the  public  had  been  anticipating  it.  The 
Colonel  remained  in  the  situation  we  have  described,  specu- 
lating much  as  to  the  final  result,  until  the  assassination  of 
Mr.  Lincoln,  when  the  public  clamored  loudly  for  blood. 
Heavy  irons  were  placed  on  the  prisoners,  the  guards  were 
doubled,  and  relieved  each  other  with  imposing  formality. 
This  continued  until  the  8th  of  May,  when  the  sentence  was 
approved  by  President  Johnson.  He  was  ordered  to  be  ex- 
ecuted on  Friday,  the  19th  of  the  same  month,  between  12 
and  3  o'clock.  On  the  10th,  Milligan  filed  his  petition  in  the 
Circuit  Court  of  the  United  States  for  the  District  of  Indiana. 
Nothing  further  occurred  until  the  18th,  when  an  order  was 
read  to  him  respiting  his  execution  until  the  2d  of  June, 
and  then  it  was  stated  that  no  further  interference  with  the 
sentence  would  take  place.  The  friends  of  Colonel  Milligan 
exhausted  their  arguments  in  endeavoring  to  persuade  him 
to  write  to  the  President  for  a  pardon.  But  all  of  no  avail. 
For  two  weeks  he  remained  in  confinement  awaiting  his 
doom,  passing  many  otherwise  lonely  hours  but  for  the  com- 
pany of  his  little  son,  twelve  years  of  age,  who  remained 
with  him. 

Of  his  fellow-prisoners,  Horsey  was  humble  and  Bowles 
was  old.  A  victim  was  demanded,  and  Colonel  Milligan 
was  selected.  The  Indiana  delegation  in  Congress  had  filed 
a  protest  against  the  interference  of  the  President  with  tho 
sentence  of  the  court  martial.  Radical  papers  in  and  out 
of  the  State,  with  a  few  honorable  exceptions,  teemed  with 
vituperation  at  the  delay.   Letter-writers  and  stump  speaker! 


30 


AMERICAN  BASTILE. 


were  imperious  in  their  demands.  Fulpit  and  bar-room 
orators  were  eloquent  in  their  appeals  for  the  sacrifice.  The 
populace  clamored  more  and  more  for  blood.  Friends  who 
attempted  to  petition  were  marked  and  forced  to  desist. 
Jealousy  and  hate  revelled  in  the  anticipated  carnival,  until 
friends  and  foes  looked  upon  the  tragedy  as  a  fixed  fact. 
Now  retaliation  was  assuming  form,  though  repressed  by 
prudent  counsels.  It  was  seething  and  surging  and  growing 
into  an  almost  irresistible  fury,  when  Governor  Morton, 
knowing  that  he  was  the  cause  of  the  outrage,  and  would 
be  held  personally  responsible,  instituted  extraordinary  mea- 
sures to  counteract  his  own  work. 

The  Governor  commissioned  Hon.  J.  "W".  Pettit  to  visit  the 
President  and  protest,  in  the  name  of  the  State,  against  the 
execution  of  the  sentence.  At  9  o'clock  p.  m.,  on  the  1st  of 
June,  the  Colonel  was  informed  that  his  sentence  had  been 
commuted  to  imprisonment  for  life,  at  hard  labor,  in  the'Ohio 
penitentiary.  It  was  a  sad  night  for  him.  He  knew  the 
fate  that  awaited  him  when  placed  in  the  custody  of  those 
who  were  selected  for  their  cruelty,  each  of  whom  felt  that 
he  constituted  an  important  portion  of  the  commonwealth, 
and  to  him  belonged  the  honor  of  his  conviction.  The  Colo- 
nel had  fully  weighed  the  matter,  and  preferred  that  the  sen- 
tence of  death  should  be  executed  than  that  he  should  suffer 
imprisonment  for  life.  In  the  event  of  their  execution  of  the 
sentence,  he  had  prepared  a  number  of  written  instructions 
for  the  conduct  of  a  suit,  under  the  laws  of  the  State,  for  his 
imprisonment  and  murder  ;  and,  with  the  skill  of  a  profound 
practitioner,  had  written  in  a  clear,  smooth  hand,  as  if  in  his 
study,  an  address  to  he  read  by  himself,  on  the  scaffold,  to 
the  people. 

In  this  gloomy,  forbidding  cell,  he  had  been  immured  from 
December  to  June ;  and  now,  the  weather  being  warm,  the 
want  of  ventilation,  together  with  inhaling  the  fetid  air, 
which  at  times  sickened  him  to  faintness,  caused  his  health 
to  become  so  affected  that  he  was  reduced  to  a  mere  skeleton. 
During  this  time  he  had  not  seen  the  light  of  day,  except 


COLONEL    LAMBDIN    P.  MILLIGAN. 


81 


when  taken  before  the  commission  ;  and  to  all  human  appear- 
ances, he  was  within  a  few  hours  of  that  night  that  knows 
no  morning.   It  was  day  without  light ;  night  without  hope 

"Here  no  dear  glimpse  of  the  sun's  lovely  face 
Strikes  through  the  solid  darkness  of  the  place ; 
No  dawning  morn  does  her  kind  red  display  — 
One  slight,  weak  beam  would  here  be  thought  the  day; 
No  gentle  stars,  with  their  fair  gems  of  light, 
Offend  the  tyrannous  and  unquestion'd  night.  ' 

When  the  news  of  the  order  for  commutation  was  circu- 
lated, it  was  currently  reported  that  General  Hovey  would 
disregard  it  and  have  the  sentence  executed.  Much  excite- 
ment prevailed  in  the  city.  Colonel  Gardiner,  who  was  in 
command  of  the  post,  to  prevent  a  collision,  set  out  with 
Colonel  Milligan  and  his  companions,  in  the  morning,  before 
it  was  fairly  light,  under  a  strong  .guard,  to  the  penitentiary. 

Here  the  Colonel  and  his  fellow-prisoners  were  placed 
under  the  control  of  a  modern  Simon,  as  cruel  a  wretch  as 
ever  inflicted  punishment  on  man  or  brute.  The  felon's  garb 
was  put  upon  them,  and  the  Colonel  placed  in  a  room  over 
an  oven,  in  which  files  were  tempered  in  liquid  lead.  The 
exhalations  from  the  smouldering  charcoal  were  diffused 
throughout  this  room,  and  made  it  notoriously  unhealthy. 
Every  one  who  had  occupied  it  for  any  length  of  time  had 
lost  his  life.  The  Colonel  could  not  endure  it  long.  He  was 
taken  sick  and  conveyed  to  the  hospital,  where  he  remairved 
many  days  very  ill.  During  the  first  two  weeks  of  his  con 
finement  here,  and  while  he  was  able  to  work,  almost  every 
fine  evening  he  was  exhibited  to  curious  visitors. 

This  prison  is  constructed  of  heavy  masonry,  with  a  build- 
ing within  of  the  same  material,  upon  which  the  sun  never 
shines.  The  inner  building  is  situated  in  the  centre  of  the 
prison,  with  a  hall  on  each  side.  It  is  divided  into  cells,  of 
which  there  are  five  tiers.  The  cells  are  about  three  feet 
wide,  six  and  a  half  long,  and  six  feet  high.  They  all  open 
into  this  closed  hall.  The  second  cell,  occupied  by  the  Colo- 
nel, was  on  the  ground-floor  on  the  north  side,  and  so  damp 
6 


82 


AMERICAN  BASTILE. 


that  the  straw  in  his  bed  would  not  rattle,  and  the  hay  in 
his  pillow  was  equally  as  bad.  A  thousand  men  were  con- 
fined in  these  cells,  all  breathing  the  air  that  circulated  in 
the  halls,  and  which  was  poisoned  by  the  noxious  exhalations 
of  men  afflicted  with  all  kinds  of  diseases.  While  confined 
in  this  prison,  Colonel  Milligan  contracted  a  cold,  from  the 
effects  of  which  he  became  deaf  and  lost  the  sense  of  smell. 
He  was  so  bad  that  he  could  neither  hear  the  ringing;  of  bells 
nor  smell  assafoetida. 

The  most  disgusting  part  of  this  prison  was  the  dining- 
room.  The  prisoners  were  frequently  fed  on  hash  for  break- 
fast. This  was  made  by  taking  the  refuse  scraps  of  meat, 
and  putting  them,  together  with  onions  and  potatoes,  in  a 
large  mill,  and  grinding  them  into  hash.  This  mash  was 
then  placed  on  a  table,  where  it  was  allowed  to  remain  over 
night,  food  for  the  rats  that  swarmed  the  prison.  To  this 
room  the  prisoners  were  taken  for  breakfast,  when  they 
found  the  food  covered  with  flies  and  vermin.  The  room 
being  poorly  ventilated,  the  stench  arising  from  this  semi- 
putrid  meat  was  almost  intolerable,  and  many  of  the  prison- 
ers turned  away  from  the  loathsome  mass,  unable,  even  witb 
the  cravings  of  hunger,  to  endure  it. 

After  Colonel  Milligan 's  sentence  had  been  approved,  and 
ordered  to  be  carried  into  execution,  he,  through  his  counsel, 
sued  out  a  writ  of  habeas  corpus.  General  Hovey  declared 
he  would  disregard  it.  The  judges  of  the  Circuit  Court  of 
Indiana  were  divided,  and  the  case  was  certified  to  the 
Supreme  Court  of  the  United  States  in  banco.  After  he  had 
suffered  several  months  of  imprisonment,  and  the  time  for 
hearing  his  case  was  approaching,  endeavors  were  made  by 
some  parties  to  stay  the  proceedings,  as  his  case  was  the  only 
one  before  the  court  embodying  the  legality  of  a  "  military 
commission  "  to  try  a  civilian  where  the  civil  courts  were  un- 
obstructed and  in  full  force.  Numerous  persons,  alleging 
that  they  had  been  to  Washington,  and  knew  the  state  of 
feeling  pervading  society,  endeavored  to  persuade  him  to 
withdraw  the  suit  from  the  Supreme  Court,  and  no  difficulty 


COLONEL    LAMBDIN    P.    MILLIGAN.  83 


would  be  experienced  in  getting  a  pardon  from  the  President. 
To  all  such  offers  he  answered  emphatically,  "  No." 

Colonel  Milligan  had  not  forgotten  the  reply  of  the  Presi- 
dent to  his  counsel,  Mr.  Coffroth,  when  the  latter  asked  a 
commutation  or  a  respite  of  the  sentence,  until  the  case  could 
be  heard  in  the  Supreme  Court,  to  wit :  "  What !  the  very  fact 
of  the  prisoner  resorting  to  the  court  upon  a  technical  question  of 
jurisdiction  is  a  confession  of  his  guilt"  and,  assigning  that  as 
his  reason,  refused  the  application.  About  the  time  the  court 
was  expected  to  decide  the  case,  a  member  of  the  Ohio  Legis 
lature  sought,  through  the  warden,  an  introduction  to  the 
Colonel.  He  assured  the  prisoner  that  the  court  would  sus- 
tain the  authority  of  the  "military  commission that  the 
war  was  then  over,  and  with  it  had  passed  away  all  that 
animosity  of  feeling  engendered  by  it ;  that  it  was  the  desire 
of  the  party  in  power  to  obliterate  all  remembrances  of  the 
difference  of  opinion,  as  far  as  possible ;  that  the  Administra- 
tion desired  to  grant  a  full  and  free  pardon  to  all ;  but  that 
this  could  not  be  done  without  the  Administration  should 
first  be  solicited  to  do  so,  and  especially  while  Colonel  Milli- 
gan was  pressing  his  claim  before  the  court ;  that  a  ruling  in 
his  favor  would  be  not  only  a  direct  condemnation  of  the 
whole  policy  of  the  President,  but  of  the  Government ;  that 
the  peace  of  the  country  required  that  "  bygones  should  be 
bygones,"  and  that  all  had  suffered  excitement  to  engender 
feelings  that  had  better  be  forgotten.  Colonel  Bowles,  who 
was  sick  and  suffering  from  the  experiments  of  an  ignorant 
empiric,  and  was  very  weak,  both  physically  and  mentally, 
yielded  to  the  importunities  which  environed  him,  and  gave 
an  order  to  dismiss  his  case,  but  his  counsel  disregarded  his 
instructions. 

At  length  the  case  came  up  for  argument  in  the  Supreme 
Court  of  the  United  States. 

Mr.  J.  E.  McDonald,  Mr.  J.  S.  Black,  Mr.  J.  A.  Garfield, 
md  Mr.  David  Dudley  Field,  of  counsel  for  the  petitioner 
Lambdin  P.  Milligan. 

Mr.  Speed,  Attorney-General  United  States ;  Mr.  Stanberry 


34 


AMERICAN  BASTILE. 


and  Mr.  B.  F.  Butler,  special  counsel  of  the  United  States 
contra. 

The  case  was  most  ably  and  elaborately  argued  on  both 
sides.  The  argument  of  the  Hon.  J.  S.  Black  was  one  of 
the  most  able,  eloquent,  and  erudite  forensic  efforts  that  haa 
been  made  in  this  or  any  other  country.  Mr.  Justice  Davis 
delivered  the  opinion  of  the  court.  Among  the  fourteen 
points  enumerated  in  the  syllabus  of  the  case  as  decided,  were : 

1st.  "  Military  commissions,  organized  during  the  late  civil 
war,  in  a  state  not  invaded  and  not  engaged  in  rebellion,  in 
which  the  Federal  courts  were  open,  and  in  the  proper  and 
unobstructed  exercise  of  their  judicial  functions,  had  no  juris- 
diction to  try,  convict,  or  sentence,  for  any  criminal  offence,  a 
citizen  who  was  neither  a  resident  of  a  rebellious  State,  nor 
a  prisoner  of  war,  nor  a  person  not  in  the  military  or  naval 
service." 

And  Congress  could  not  invest  them  with  any  such  power 

2d.  "  The  guarantee  of  trial  by  jury,  contained  in  the  Con- 
stitution, was  intended  for  a  state  of  war  as  well  as  a  state 
of  peace,  and  is  equally  binding  upon  rulers  and  people,  at 
all  times  and  under  all  circumstances. " 

3d.  "  The  Federal  authority  having  been  unopposed  in  the 
State  of  Indiana,  and  the  Federal  courts  open  for  the  trial  of 
offences  and  the  redress  of  grievances,  the  usages  of  war 
could  not,  under  the  Constitution,  afford  any  sanction  foi 
the  trial  there  of  a  citizen  in  civil  life,  not  connected  with  the 
military  or  naval  service,  by  a  military  tribunal,  or  for  any 
offence  whatever." 

\th.  "Neither  the  President,  nor  Congress,  nor  the  Judi- 
ciary can  disturb  any  one  of  the  safeguards  of  civil  liberty 
incorporated  into  the  Constitution,  except  so  far  as  the  right 
is  given  to  suspend,  in  certain  cases,  the  privilege  of  the  writ 
of  habeas  corpus." 

6th.  "  A  citizen,  not  connected  with  the  military  service, 
and  resident  in  a  State  where  the  courts  are  all  open,  and  in 
the  proper  exercise  of  their  jurisdiction,  cannot,  even  when 
the  privilege  of  the  writ  of  habeas  corpus  is  suspended,  be 


COLONEL    LAMBDIN    P.  MILLIGAN. 


85 


tried,  convicted,  or  sentenced  otherwise  than  by  the  ordinary 
courts  of  law." 

6th.  "  Suspension  of  the  privilege  of  the  writ  of  habeas  corpus 
does  not  suspend  the  writ  itself.  The  writ  issues,  as  a  matter  of 
course,  and,  on  its  return,  the  court  decides  whether  the  applicant 
is  denied  the  right  of  proceeding  any  further." 

7th.  "A  person  who  is  a  resident  of  a  loyal  State,  where  he  waa 
arrested,  who  was  never  a  resident  in  any  State  engaged  in  rebel- 
lion, nor  connected  with  the  military  or  naval  service,  cannot  be 
regarded  as  a  prisoner  of  war." 

This  decision  struck  the  shackles  from  Colonel  Milligan,  and  he 
was  free — free  from  the  grasp  of  tyrants — free  from  arbitrary 
power — free  from  fiendish  sycophants. 

The  following  are  extracts  from  the  decision  of  the  Supreme  Court: 

"  Have  any  of  the  rights  guaranteed  by  the  constitution  been 
violated  in  the  case  of  Milligan?  and,  if  so,  what  are  they? 
Every  trial  involves  the  exercise  of  judicial  power;  and  from 
what  source  did  the  military  commission  that  tried  him  derive 
their  authority  ?  Certainly  no  part  of  the  judicial  power  of  the 
country  was  conferred  on  them,  because  the  constitution  expressly 
vests  it  i  in  the  Supreme  Court  and  such  inferior  courts  as  the 
Congress  may,  from  time  to  time,  ordain  and  establish/  and  it  is 
not  pretended  that  the  commission  was  a  court  ordained  and  estab- 
lished by  Congress.  They  cannot  justify  on  the  mandate  of  the 
President,  because  he  is  controlled  by  law,  and  has  his  appropriate 
sphere  of  duty,  which  is  to  execute,  not  to  make  the  laws  ;  and  there 
is  "  no  unwritten  criminal  code  to  which  resort  can  be  had  as  a 
source  of  jurisdiction.1  But  it  is  said  that  the  jurisdiction  is  com- 
plete under  the  ' laws  and  usages  of  war.'  It  can  serve  no  useful 
purpose  to  inquire  what  those  laws  and  usages  are,  whence  they 
originated,  where  found,  and  on  whom  they  operate;  they  can 
never  be  applied  to  citizens  in  States  which  have  upheld  the 
authority  of  the  government,  and  where  the  courts  are  open  and 
their  process  unobstructed.  This  court  has  judicial  knowledge 
that  in  Indiana  the  Federal  authority  was  always  unopposed,  and 
its  courts  always  open  to  hear  criminal  accusations  and  to  redress 
grievances;  AND  NO  usage  op  war  could  sanction  a  mili- 
tary TRIAL  THERE,  FOR  ANY  OFFENCE  WHATEVER,  OF  A  CITIZEN 


86 


AMERICAN  BASTILE. 


IN  CIVIL  LIFE,  IN  NOWISE  CONNECTED  WITH  THE  MILITARY 
service.  Congress  could  grant  no  such  power;  and  to  the  honor 
of  our  national  legislature  be  it  said,  it  Jias  never  been  provoked 
by  the  state  of  the  country  even  to  attempt  its  exercise.  One  of 
the  plainest  constitutional  provisions  was.,  tJierefore,  infringed  when 

MlLLIGAN  WAS  TRIED  BY  A  COURT  NOT  ORDAINED  AND  ESTAB- 
LISHED by  Congress  and  not  composed  of  judges  appointed 
during  good  behavior.  Why  was  tiq  not  delivered  to  the  Cir- 
cuit Court  of  Indiana,  to  be  proceeded  against  according  to  law  f 

"  No  reason  of  necessity  could  be  urged  against  it,  because  Con- 
gress had  declared  penalties  against  the  offences  charged,  provided 
for  their  punishment,  and  directed  that  court  to  hear  and  deter- 
mine them.  And  soon  after  this  military  tribunal  was  ended 
the  Circuit  Court  met,  peacefully  transacted  its  business  and  ad- 
journed. It  needed  no  bayonets  to  protect  it,  and  required  no  mili- 
tary aid  to  execute  its  judgments.  It  was  held  in  a  State  eminently 
distinguished  for  its  patriotism  by  judges  commissioned  during 
the  rebellion,  who  were  provided  with  juries,  upright,  intelligent, 
and  selected  by  a  marshal  appointed  by  the  President.  The  gov- 
ernment had  no  right  to  conclude  that  Milligan,  if  guilty,  would 
not  receive  in  that  court  merited  punishment,  for  its  records  dis- 
close that  it  was  constantly  engaged  in  the  trial  of  similar  offences, 
:tnd  was  never  interrupted  in  its  administration  of  criminal  justice. 
If  it  was  dangerous  in  the  distracted  condition  of  affairs  to  leave 
Milligan  unrestrained  of  his  liberty  because  he  *  conspired  against 
the  government,  afforded  aid  and  comfort  to  rebels  and  incited  the 
people  to  insurrection/  the  law  said  arrest  him,  confine  him  closely, 
render  him  powerless  to  do  further  mischief,  and  then  present  his 
case  to  the  grand  jury  of  the  district,  with  proof  of  his  guilt,  and, 
if  indicted,  try  him  according  to  the  course  of  the  common  law. 

"The  great  minds  of  the  country  have  differed  on  the  correct 
interpretation  to  be  given  to  various  provisions  of  the  Federal 
constitution ;  and  judicial  decision  has  been  often  invoked  to 
settle  their  true  meanings ;  but  until  recently  no  one  ever  doubted 
that  the  right  of  trial  by  jury  was  fortified  in  the  organic  law 
against  the  power  of  attack." 

Upon  receiving  information  of  the  decision  of  the  court 
denying   the  jurisdiction  of  the  military  commission  to  try 


COLONEL    LAMBDIN    P.    MILIIGAN.  87 


civilians — a  decision  that  enthroned  the  law  and  snatched 
the  sceptre  from  the  grasp  of  the  mailed  tyrant  of  military 
despotism,  and  brought  gladness  to  the  numerous  friends  of 
constitutional  liberty — the  Colonel  wrote  a  note  to  the  ward- 
en, calling  attention  to  the  fact,  and  requesting  him  to  in- 
form himself  of  his  duty,  and  that  his  duty  and  the  Colonel's 
wishes  tended  in  the  same  direction.  He  then  sent  for  a 
friend  to  learn  the  name  of  a  notary,  and  also  what  judge 
was  accessible.  Before  the  notary  arrived,  Mr.  Coffroth 
reached  the  city,  and  had  a  writ  of  habeas  corpus  sued  out 
and  the  Colonel  discharged,  after  an  imprisonment  of  eighteen 
months.  It  was  now  evening.  Mr.  Coffroth  also  had  a  writ 
sued  out  for  Colonel  Bowles  and  Mr.  Horsey,  but,  before  it 
could  be  served,  an  order  came  from  the  President  directing 
the  warden  to  discharge  all  the  prisoners. 

After  receiving  many  friends  at  the  Neil  House,  during 
the  evening  and  the  next  morning,  he  started  at  noon,  April 
12th,  1866,  for  home,  without  any  intimation  of  the  joyful 
reception  that  awaited  him,  which  we  copy  from  the  papers 
of  the  day. 

"  The  return  of  Colonel  L.  P.  Milligan  to  his  home,  on  last 
Thursday  morning,  was  the  occasion  of  a  demonstration,  on  the 
part  of  his  friends  and  neighbors,  to  which  all  history  fur- 
nishes but  one  parallel,  that  is,  the  ovation  of  welcome  which 
greeted  the  immortal  Demosthenes  upon  his  return  to  Piraeus, 
from  his  exile  at  Megara.  As  the  great  Athenian  was  re- 
ceived, upon  his  arrival  in  that  city,  by  its  magistrates  and 
dignitaries  and  citizens,  so  was  our  illustrious  fellow-citizen 
received  by  the  Mayor,  the  Common  Council,  and  all  the 
citizens,  with  the  utmost  manifestation  of  affection  and  joy, 
blended  with  sorrow  and  indignation  at  the  flagitious  wrongs 
and  cruel  persecution  to  which  he  had  been  subjected  during 
the  last  eighteen  months.  Colonel  Milligan  was  released,  as 
we  stated  last  week,  upon  a  writ  of  habeas  corpus  sued  out  by 
his  attorney,  Hon.  J.  R.  Coffroth,  who  had  gone  to  Columbus 
for  that  purpose.  He  was  set  at  liberty  on  the  afternoon  of 
last  Tuesday,  and  on  the  evening  of  that  day  we  received  a 


88 


AMERICAN  BASTILE. 


message  to  that  effect.  We  issued  an  extra  immediately 
which  was  distributed  the  next  day ;  but  far  in  advance  of 
the  extra,  the  gratifying  news  spread,  as  on  the  wings  of  tho 
wind,  in  all  directions,  and  occasioned  universal  joy.  On 
Wednesday  evening,  a  party  of  gentlemen,  who  had  been 
chosen  by  Colonel  Milligan  last  May  to  receive  his  remains  in 
the  event  of  his  execution,  went  to  Peru  for  the  purpose  of 
escorting  him  home.  This  party  consisted  of  Messrs.  Charles 
H.  Lewis,  John  Roche,  Samuel  F.  Day,  John  Zeigler,  and 
Rev.  R.  A.  Curran.  Mr.  Geo.  R.  Corlew  was  also  of  the 
party,  but  he  had  accompanied  Mr.  Coffroth  to  Columbus. 
Messrs.  Milligan,  Coffroth,  and  Corlew  arrived  at  Peru  at  a 
late  hour,  on  Wednesday  night:  notwithstanding  this,  cannon 
were  fired  and  other  demonstrations  of  joy  made.  Despotism 
had  succumbed  to  Constitutional  Law,  and  its  victim  was 
free  !    There  was  cause  for  rejoicing. 

"Thursday  morning,  at  Huntington,  was  ushered  in  by  the 
roar  of  cannon,  and  at  a  very  early  hour  the  people  began  to 
flock  in  from  every  direction,  to  welcome  their  distinguished 
fellow-citizen  to  his  old  home.  Every  adjacent  county  was 
ilul}T  represented  in  this  grand  spontaneous  ovation.  Every 
point  where  the  intelligence  had  reached  that  Colonel  M. 
would  be  home  1  on  Thursday '  was  represented,  and  all 
were  burning  with  a  desire  to  see  him,  to  welcome  him,  and 
to  assure  him  of  their  sympathy  and  friendship.  The  train 
from  the  west,  conveying  the  party,  moved  up  to  the  station 
amid  the  waving  of  handkerchiefs  and  hats,  the  wildest  ac- 
clamation of  the  immense  concourse,  the  music  of  the  brass 
bands,  and  the  loud  thunder  of  cannon.  The  appearance  oi 
the  tall  and  dignified  form  of  Colonel  M.  on  the  platform 
was  greeted  with  a  fresh  burst  of  enthusiasm,  and  a  simul- 
taneous movement  of  the  throng  was  made  to  grasp  him  by 
the  hand.  When  his  manly,  graceful,  but  emaciated  form, 
upon  whose  features  it  appeared  that  every  *  god  had  set  his 
seal  to  give  assurance  of  a  man/  became  recognized,  as  it 
was  by  all  who  had  met  him  before,  and  instinctively  by 
those  who  had  not.  there  would  have  been  a  cheer  that  would 


COLONEL    LAMBDIN    P.  MILLIGAN 


89 


have  made  the  welkin  ring,  but  the  hearts  of  all  were  too  full 
to  give  uttcrauce  to  any  voice,  either  of  joy  or  sorrow.  Mr. 
Coffroth  formally  introduced  Colonel  Milligan  in  a  few  neat 
and  appropriate  remarks. 

"Hon.  ¥ra.  C.  Kocher,  Mayor,  surrounded  by  the  Commou 
Council,  and  in  behalf  of  the  town,  then  delivered  a  beauti 
ful  and  impressive  address  of  welcome.    He  said : 

" 1  Colonel  Milligan  :  In  behalf  of  your  fellow-citizens  oi 
Huntington,  and  I  may  say  in  behalf  of  this  large  assembly 
of  people  collected  together  from  the  surrounding  country,  I 
bid  you  a  welcome  once  more  to  your  home,  to  mingle  with 
your  family  and  these  people,  who  have  so  long  and  so  well 
known  you,  and  who  have  long  since  looked  upon  you  as  a 
man  of  eminent  legal  ability,  a  statesman,  and  one  who  has 
ever  been  true  to  the  Constitution  and  laws  of  the  country. 
On  the  5th  of  October,  1864,  while  at  home,  surrounded  by 
the  family  you  loved,  lying  prostrate  upon  a  bed  of  affliction, 
at  the  dark  hour  of  midnight  you  were  ruthlessly  dragged 
away  from  family  and  friends,  and  conveyed  to  a  political 
Bastile,  where  you  were  confined  for  months,  without  any  ac- 
cusation made  against  you.  Charges  were  then  preferred  for 
what?  Treason!  Treason  to  what?  Treason  not  against  the 
Government,  but  that  you  did  not  support  the  Administra 
tion,  whose  principles  were  not  in  accordance  with  the  plain 
and  broad  teachings  of  the  Constitution  of  your  country. 
Tried  by  a  mock  court,  principally  composed  of  drunkards  — 
men  who  were  not  familiar  with  the  first  principles  of  law  — 
you  were  condemned  to  be  hanged  until  you  were  dead  — 
dead !  Through  the  influence  of  friends  your  sentence  was 
commuted  to  imprisonment  for  life.  You  were  conveyed  in 
irons  to  the  Ohio  penitentiary,  where  for  a  long  time  you 
occupied  a  cell  dedicated  alone  to  felons.  Your  case  was 
brought  before  the  Supreme  Court  of  the  United  States. 
After  long  and  laborious  .arguments  of  the  most  eminent 
counsel  of  the  country,  a  Republican  court  decided  that  you 
had  been  illegally  condemned  and  sentenced. 

M  4  To-day,  your  feDow-citizens  at  home,  and  all  good  citizens 


90 


AMERICAN  BASTILE. 


throughout  the  land,  look  upon  your  arrest  and  imprison 
ment  as  an  outrage  upon  American  liberty,  a  dark  spot  upon 
the  pages  of  American  history.  You  come  home  to-day 
honored  and  beloved.  You  come  to  enjoy  the  society  of 
friends  and  neighbors.  You  come  home  to  obey  the  Consti* 
tution  and  laws,  as  you  have  done  during  your  entire  life. 
This  large  assembly  of  your  fellow-citizens  bears  me  witnesi 
of  the  fact.  While  they  look  upon  you  to-day,  their  hearts 
are  filled  with  emotions  of  joy,  that  you  are  once  more  among 
them,  enjoying  your  liberty,  and  the  society  of  family  and 
friends. 

" 4  They  know  that  your  actions  and  your  sentiments  in  the 
past  will  be  a  guarantee  for  the  future.  Therefore  they  know 
you,  they  trust  you.  In  their  behalf,  again  I  say,  thrice  wel- 
come, Colonel  Milligan.' 

"  Colonel  Milligan's  response  was  particularly  happy. 
Though  his  voice  was  weak,  and  the  occasion  one  requiring 
much  self-control,  yet  he  did  infinite  credit  to  himself  in  all 
respects.    He  responded  as  follows : 

" 4  Mr.  Mayor  :  Friends  and  neighbors,  and  such  I  know 
you  are,  did  my  sense  of  propriety  call  for  an  extended 
response  to  so  imposing  a  reception,  I  have  neither  the  physi- 
cal nor  mental  ability  to  give  it ;  but,  overcome  by  the  spon- 
taneous enthusiasm  of  the  occasion,  the  acclamations  of 
gladness  that  greet  me,  the  tears  of  joy  that  flow  from  the 
thousands  around  me  fill  my  bosom  with  emotions  that  have 
no  utterance,  and  I  can  only  thank  you  for  so  proud  a  testi- 
monial. I  prize  it  because  it  comes  from  you,  my  neighbors, 
with  whom  I  have  spent  the  best  energies  of  my  life,  and 
from  whom  I  never  concealed  the  most  secret  aspirations  of 
my  heart.  I  value  it  more  because  it  is  not  the  addled  pa- 
geant of  a  giddy  multitude  tendered  to  a  great  name,  whose 
success  may  have  lent  dignity  to  crime ;  but  it  is  the  un- 
tutored expression  of  your  conviction  that  I  never  wronged 
my  country  or  my  fellow-man  ;  nor  did  those  who  clamored 
loudest  for  my  oppression  ever  suspect  me  of  any  wrong.  I 
thank  you,  and  accept  it  as  an  approval  of  my  life  as  a  citi- 


COLONEL    LAMBDIN    P.  MILLIGAN. 


91 


zen  and  neighbor,  and  a  proof  that  it  in  not  the  acts  or  worde 
of  others  that  can  degrade  a  man,  but  that  each  must  stand 
upon  the  basis  of  his  own  manhood. 

" '  What  revolutions  in  government  or  society  have  inter- 
vened since  my  seclusion  I  know  not ;  but  I  am,  and  alwaya 
have  been,  opposed  to  revolutions,  believing  that  seldom,  if 
ever,  have  their  fruits  equalled  their  cost  in  treasure,  blood, 
and  moral  retrogression.  I  thank  you,  friends  and  neigh 
bors,  for  this  glowing  tribute  of  esteem,  and  I  would  be  the 
more  happy  recipient  of  it  if  I  was  sure  that,  through  the 
ordeal  which  I  have  just  passed,  my  deportment  was  worthy 
of  so  flattering  a  token.  Your  kindness  has  imposed  upon 
me  obligations  that  I  will  never  be  able  to  discharge,  and 
must  remain  unrequited ;  but  to  live  among  you,  and  com- 
mingling, as  heretofore,  our  efforts  for  the  promotion  of  the 
interests  of  our  country  and  the  happiness  of  our  race,  is  the 
highest  ambition  of  my  heart.  My  friends,  I  must  leave 
you.  There  is  one  I  have  not  yet  seen,  who  has  wept  most 
for  my  mi'sfortunes,  but,  I  hope  and  trust,  will  never  have 
occasion  to  blush  for  any  act  of  mine,  and  whose  claims  to 
my  presence  I  cannot  resist.  Thanking  you  again,  please 
excuse  any  further  remarks.'  x 

"  Colonel  Milligan  then  retired.  A  carriage  was  in  waiting, 
in  which  were  seated  the  committee  above  named,  who  had 
been  appointed  by  the  Colonel  to  bring  home  his  remains. 
They  escorted  him  to  his  residence,  about  a  mile  from  the 
court-house,  followed  by  hundreds.  There  was  a  perfect 
jam  at  his  house  from  that  until  late  at  night.  In  the 
3treets,  from  his  residence  to  the  great  meeting,  there  was  a 
grand  double  procession  marching  and  counter-marching. 

"  The  public  meeting  was  kept  up  all  the  afternoon,  and 
until  late  in  the  evening.  Speeches  were  made  by  distin- 
guished men  from  all  parts  of  the  country,  who  had  assem- 
bled to  welcome  the  Colonel  to  his  home.  Resolutions  of 
respect  and  sympathy  were  passed,  and  his  house  was 
thronged  for  many  days  with  persons  offering  testimonials 
of  respect." 


REV.  K  J.  STEWART. 


A CONSTITUTION  may  be  set  aside  by  the  political  no- 
cessities  of  men  in  power;  houses  and  towns  may  be 
destroyed  under  military  necessity,  and  vested  rights  may  be 
disregarded  by  men  who  seek  to  gain  or  maintain  empire  for 
the  public  good.  But  no  cause  can  ultimately  succeed,  whose 
leaders  openly  disregard  the  rights  of  the  Church,  and  tram- 
ple upon  the  persons  of  innocent  and  helpless  men,  women, 
and  children,  whose  only  fault  is  that  they  cannot  agree 
with  them  in  devastating  homes  and  subverting  their  gov-, 
ernment. 

Men,  therefore,  who  were  loyal  to  the  United  States  Gov- 
ernment during  the  war,  but  at  the  same  time  desired  to  be 
loyal  to  the  great  interests  of  religion,  and  to  the  interests 
of  our  common  humanity,  must  be  vexed,  if  not  fearful  of 
divine  retribution,  as  they  discover,  if  such  persons  can  ever 
venture  to  read,  what  history  must  reveal. 

In  the  fall  of  1861,  the  first  year  of  the  war,  Rev.  K.  J . 
Stewart,  a  clergyman  of  St.  Paul's  Episcopal  Church,  Alex 
andria,  Va.,  was  rudely  interrupted  while  at  the  altar  of  the 
church,  on  the  Lord's  day,  and  in  the  act  of  offering  up 
prayers  for  all  Christian  rulers  and  magistrates,  by  a  detail 
of  armed  men,  under  the  command  of  a  captain,  lieutenant, 
and  sergeant,  by  the  direct  authority  of  the  Government  of 
the  United  States,  under  circumstances  of  peculiar  sacrilege, 
tyranny,  and  shame.  The  alleged  ground  of  the  arrest  was 
that  he  refused  to  pray  for  the  President  of  the  Uniteu 
States.  The  true  object  was  to  intimidate  and  compel  the 
clergy  of  the  Border  States  to  withdraw  the  support  and  con- 
solation of  the  Christian  religion  from  a  stricken  people,  who 

92 


REV.    K.    J.  STEWART. 


93 


tied  to  it  as  their  only  hope,  and  who  used  it  to  strengthen 
themselves  to  great  endurance. 

It  will  be  seen  that  the  whole  matter  was  planned  at  Wash 
ington,  by  the  head  of  the  State  Department ;  that  it  waa 
executed  by  agents  selected  with  reference  to  the  moral  de- 
gradation of  the  work,  and  that  it  was  done  deliberately ; 
that  the  Government  refused  to  repudiate  the  act,  and  that 
the  time,  mode,  and  sequel  were  a  refinement  upon  the  atro 
cities  perpetrated  on  religion  in  the  reign  of  the  bloody  Mary 

Nor  has  any  apology  ever  been  made,  or  any  reparation 
offered.  A  quiet  and  peaceful  minister  of  the  Gospel  was 
arrested  without  cause,  condemned  without  trial,  his  church 
closed,  and  subsequently  polluted  and  ruined  —  the  people 
scattered  and  shut  out  from  public  worship,  and  he  driven 
forth  a  homeless  wanderer.  And  all  this  without  the  sha- 
dow of  military  necessity  or  political  obstruction.  For  the 
clergyman  had  not  refused  to  use  the  forms  of  prayer  pre- 
scribed in  any  and  all  places  where  he  sojourned ;  and  the 
people  had  been  so  often  arrested  in  their  beds  at  night,  that 
they  were  as  a  flock  of  timid  sheep,  unarmed,  and  incapable 
of  resistance,  who  crowded  together  in  their  fold,  the  tem- 
ple of  God,  to  worship  Him  and  seek  protection  from  those 
who,  with  a  refinement  of  cruelty,  came  upon  them  almost 
every  night,  burned  their  houses,  and  took  away  to  prison 
men,  women,  and  children. 

It  was  indeed  a  reign  of  terror.  No  man  was  safe,  no 
place,  or  sanctuary,  or  conduct  was  secure.  Laws  were  set 
aside ;  rank,  character,  and  religious  principles  only  invited 
ridicule,  insult,  or  hatred.  Few  found  themselves  so  secure 
as  to  be  safe  in  asking  justice  for  a  fellow-citizen,  and  none 
thought  of  mercy  to  the  imprudent. 

It  was  one  of  those  solemn  occasions  when  even  the  most 
hardened  men  are  subdued.  The  priest  was  about  cele- 
brating the  supper  of  our  blessed  Lord — the  silent  but  elo 
quent  emblems  of  love  were  upon  the  altar.  In  order  to 
avoid  any  embarrassment  or  misunderstanding  in  the  conduct 
of  the  services,  the  priest  had  written  to  the  Department 


94 


AMERICAN  BASTILE. 


and  explained  his  exact  position,  (he  was  personally  known 
to  more  than  one  of  the  heads  of  the  Departments.) 

The  gentlemanly  officer  in  charge  as  military  governor  of 
the  district  had  been  invited  to  be  present  and  inspect  the 
services,  which  he  reported  to  the  Government  as  nnexcejv 
tionable,  except  in  the  private  feelings  of  the  people  and  the 
non-committal  nature  of  the  prayers. 

The  priest  had  taken  the  additional  precaution  to  explain 
from  the  desk,  that  while  the  prayer  appointed  to  be  used 
for  the  President  of  the  Confederate  States  was  voluntarily 
omitted,  being  an  American  citizen,  he  could  not  allow 
the  State  to  dictate  to  the  Church  what  petition  should 
be  asked  of  the  Great  King.  That  it  would  be  better  to  dio 
than  to  allow  the  Church  to  be  used  as  a  political  tool. 

In  order  to  avoid  the  possibility  of  mistake,  an  old  sermon 
had  been  preached  ;  but  it  alluded  to  the  historical  fact  that 
all  our  most  precious  things  were  "  blood-bought,"  as  was 
that  salvation  now  about  to  be  commemorated.  But  while 
these  people  were  thus  seeking  strength  in  and  from  our 
blessed  Lord,  in  their  eucharistic  feast,  that  they  might  the 
more  constantly  subdue  their  excited  passions  and  yield  due 
obedience  to  the  stern  powers  that  were  over  them,  two  emis 
saries  of  that  very  Government  were  engaged  in  noting  down 
from  the  distant  galleries  such  words  as  might  justify  medi- 
tated outrage. 

Captain.  "  All  precious  things  are  4  blood-bought ; 1  that  means 
that  freedom  is  blood-bought ;  it  means  the  Magna*  Charta  is 
blood-bought ;  it  is  aimed  at  the  President's  proclamation.  Write 
it  down  as  treason.  Damn  the  'priests!  I  intend  to  make  them 
preach  and  pray  my  way.  We  fll  see  which  has  the  longest  sword, 
their  master,  or  ours!  " 

Government  agent.  "If  I  break  this  fellow  down,  all  the  rest 
will  cave  in." 

It  was  then  arranged  that  they  should  return  and  report 
to  the  head  of  the  State  Department  at  Washington ;  that 
they  should  come  back  to  church  on  the  next  Sunday; 
that  the  most  desperate  characters  should  be  selected,  armed, 


RE7     K.    J.  STEWART. 


95 


and  brought  to  church;  and  that  in  the  midst  of  public 
worship  this  armed  band  should  surround  the  minister  while 
in  the  very  act  of  presenting  the  request  of  the  people  to 
his  God,  and,  by  presenting  sabres  and  revolvers  at  his  breast, 
they  would  compel  him  to  say  such  prayers  as  they  should 
dictate. 

This  was  carried  out  to  a  fuller  extent  than  they  contem- 
plated. The  high  official  who  had  authority  from  the  State 
Department  to  set  aside  all  laws,  and  arrest  any  one,  even 
the  general  in  command,  stood  before  the  altar  of  God  and 
demanded  of  his  ambassador  to  pervert  the  power  of  religion 
to  the  purposes  of  political  jurisprudence,  and  pray  at  his 
dictation.  The  officers  and  men  formed  around  the  altar 
The  minister  calmly  continued : 

"From  all  evil  and  mischief ;  from  all  sedition,  privy  con- 
spiracy — 

The  people.  "  Good-  Lord,  deliver  us." 

Minister.  "  Bless  all  Christian  rulers  and  magistrates,  and 
give  them  grace  to  execute  justice  and  maintain  truth" 

Government  officer.  "  You  are  a  traitor  !  in  the  name  and  by 
the  authority  of  the  President  of  the  United  States,  I  arrest  youl" 

The  minister,  finding,  in  the  indescribable  confusion  which 
had  ensued,  that  his  friends  were  likely  to  become  involved 
in  trouble,  (for  men,  whose  ideas  of  religious  toleration  were 
American,  were  becoming  mad  by  oppression,)  slowly  arose, 
(but  not  until  an  officer  had  wrested  the  holy  book  from  his 
hands,  an$  dashed  it  on  the  floor,)  and  facing  the  chief 
officer,  said,  (as  if  remembering  his  Master's  words,)  " 1  Bet 
these  go,  take  me  but  before  I  yield  myself  up  to  you,  I  sum- 
mon you  to  appear  before  the  bar  of  the  King  of  kings,  to  answer 
the  charge  of  interrupting  his  ambassador,  while  in  the  house 
of  God,  and  in  the  discharge  of  his  duty" 

Conscious-stricken,  the  whole  band  fell  back,  and  one  of 
them  remonstrated  at  the  proceedings ;  but  the  order  was 
given,  and  two  sergeants,  with  drawn  revolvers,  had  the 
honor  of  escorting  a  surpliced  priest  to  prison,  through  the 
streets  of  the  city.    There  were  attendant  circumstances, 


96 


AMERICAN  BASTILE. 


such  as  the  dragging  through  the  streets  young  and  delicate 
females  of  his  family  and  friends,  persons  whose  rank,  sex, 
and  tenderness  of  years  should  have  shielded  them  from  the 
brutal  gaze  of  the  street  mobs :  circumstances  which  were 
enough  to  make  wise  men  mad. 

And  this  was  on  the  Lord's  day,  and  under  the  precincts 
of  the  seat  of  Government.  General  Montgomery  said  to 
them :  "  What !  could  you  not  come  on  a  week-day  f  Could  you 
not  have  had  some  sort  of  investigation  or  trial  f  Could  you  not 
have  consulted  me?"  They  replied,  that  they  acted  with  the 
knowledge  and  under  the  direct  orders  of  Government 

Upon  inquiry,  this  was  found  to  be  a  fact. 

The  newspaper  that  published  a  statement  of  the  facts 
was  destroyed  and  its  office  burned.  The  type  of  a  religious 
journal,  the  "  Southern  Churchman,"  was  burned,  and  the 
enormities  that  ensued  exceeded  those  perpetrated  upon 
peaceable  Christian  communities  by  the  Mohammedans. 

They  drove  the  minister  from  his  home,  and  after  reveng- 
ing himself  by  ministering  to  the  soldiers  who  had  oppressed 
him,  upon  the  field  of  battle,  in  the  prisons,  etc.,  binding  up 
their  wounds,  and  administering  to  them  the  consolations  of 
religion  in  the  hour  of  death,  and  after  having  the  satisfac- 
tion of  holding  back  the  soldiers  of  the  Confederate  States 
from  interrupting  another  minister,  when  praying  for  Presi- 
dent Lincoln,  he  awaits  the  grand  conclusion  of  these  things. 
It  is  said  that  a  stranger,  who  was  present  on  the  occasion  of 
this  sacrilege,  observed,  "If  the  men  engaged  in  this  affair  do 
not  all  meet  with  some  signal  judgment  of  the  Almighty,  I  shall 
begin  to  question  the  truth  of  religion  I " 

Rev.  Mr.  Stewart  is  now  located  at  Spotswood,  New  Jer- 
sey, is  a  faithful  servant  in  the  cause  of  Christ,  and  is 
the  author  of  "Commentaries  on  Revelation,"  and  other 
religious  works. 


I 


MRS.  MARY  B.  MORRIS. 


THE  subject  of  this  narrative,  Mrs.  Mary  B.  Morris,  suf- 
fered, perhaps,  as  great  indignities,  and  was  subjected  to 
as  much  cruel  and  barbarous  treatment  as  any  other  person 
incarcerated  in  the  Bastiles  of  the  country  during  the  war. 
This  lady,  whose  noble  nature  is  overflowing  with  the  milk 
of  human  kindness,  was  born  in  Kentucky,  and  reared  be- 
neath a  Southern  sky.  Having  removed  to  Chicago,  some 
ten  or  twelve  years  before  the  breaking  out  of  the  war,  with 
her  husband,  Hon.  B.  S.  Morris,  who  was  a  staunch  sup- 
porter  and  able  leader  of  the  Whig  party  in  the  State  of 
Illinois,  and  who  looked  upon  secession  as  being  wholly 
wrong,  it  was  natural  that  she  should  entertain  the  same 
views.  But  it  was  equally  natural  that,  when  the  war 
actually  commenced,  and  the  tread  of  hostile  armies  was 
pressing  the  soil  that  gave  her  birth,  her  sympathies  should 
be  enlisted  in  behalf  of  those  who  were  near  and  dear  to 
her  by  the  ties  of  consanguinity  and  friendship  —  that  her 
prayers  should  go  up  to  the  God  of  the  Universe,  supplicat- 
ing Him  to  protect  and  defend  them.  That  her  sympathies 
were  thus  enlisted,  that  her  prayers  were  of  this  character, 
was  but  natural,  no  one  will  deny. 

The  war  progressed,  fearful  and  bloody  battles  were  fought, 
and,  as  one  of  the  common  results  of  the  war,  prisoners  were 
captured.  And  as,  at  the  commencement,  there  was  no  cartel 
for  the  exchange  of  prisoners  between  the  North  and  South, 
the  prisoners  on  each  side  were  kept  in  confinement,  at  dif 
ferent  points  where  prisons  were  located,  for  their  safe  keep- 
ing. One  of  these  prisons  was  located  at  Chicago,  and 
known  as  Camp  Douglas. 
It  was  here  that  Mrs.  Morris  commenced  the  ministrations 
7  07 


08 


AMERICAN  BASTILE. 


of  kindness  and  love  toward  those  unfortunate  men  who 
had  heen  captured  in  battling  for  the  lost  cause.  Many  of 
these  men  arrived  at  the  prison  in  the  most  destitute  condi- 
tion, some  sick,  some  wounded,  all  nearly  naked,  the  blood 
marking  the  tracks  of  their  shoeless  feet.  Their  suffering 
condition  drew  forth  the  sympathies  of  women  born  in  the 
North,  and  it  is  but  natural  that  those  who  had  friends  and 
relatives  among  them  should  endeavor  to  relieve  their  wants, 
and  engage  in  the  merciful  mission  of  providing  for  them 
clothing,  to  protect  them  from  the  chilling  winter  winds, 
and  in  furnishing  medicines  and  proper  food  for  the  sick  and 
wounded  in  a  strange  land. 

Seeing  her  friends  and  relatives  thus  circumstanced,  the 
generous  heart  of  Mrs.  Morris  was  roused  to  action,  and  she 
immediately  set  about  devising  plans  whereby  she  could  at 
once  ameliorate  their  sad  condition.  She  applied  to  the  com- 
mandant of  the  prison  for  permission  to  visit  the  hospitals, 
and,  after  numerous  entreaties  and  appeals,  she  obtained  it. 
From  morn  till  eve  did  she  sit  by  the  bedside  of  the  sick  and 
dying,  supplying  the  place  of  mothers  far  away.  She  took 
with  her  nice  little  dainties,  that  she  knew  so  well  were 
needed  in  sickness.  Bed-clothing  she  furnished  in  lar^o 
quantities,  to  make  them  comfortable.  But  not  only  did  she 
administer  to  the  wants  of  the  sick:  she  also  took  upon 
herself  the  duty  of  furnishing  them  well  with  clothing,  of 
which  all  were  scantily  supplied ;  and  so  assiduously  did  she 
apply  herself  to  the  work,  that  in  a  short  time  she  saw  all 
of  those  poor  fellows  warmly  clad'. 

The  war  went  on,  the  strife  grew  deadlier,  the  breach 
wider,  battles  were  more  frequent  and  fierce,  the  worst  pas- 
dions  of  men  were  stirred  up,  and  as  all  things  grew  worse, 
bo  the  treatment  of  prisoners  of  war.  Camp  Douglas  had  a 
change  of  commandants  —  one  that  was  not  at  all  advan- 
tageous to  the  prisoners.  An  officer  was  placed  in  command 
who  rejoiced  over  the  death  of  any  and  all  Rebels,  and  did 
everything  that  he  could  to  render  the  prisoners  under  his 


MBS.    MARY    B.  MORRIS. 


control  more  miserable  than  they  were  before.  One  of  his 
acts  was  to  prohibit  Mrs.  Morris  from  visiting  the  camp. 

This  was  the  severest  blow  that  he  conld  have  inflicted 
apou  the  unfortunate  prisoners,  and  their  sufferings  wero 
greatly  increased.  Still  she  did  all  that  she  could,  notwith- 
standing she  was  thus  debarred  from  visiting  the  prison. 
She  sent  in  food  and  clothing,  but  alas  !  the  most  of  it  was 
appropriated  by  the  officers  in  charge.  This  privilege  of 
sending  in  food  and  clothing  was,  however,  soon  denied  her, 
and  hence  the  charitable  offices  and  humane  labors  which 
this  lady  had  so  arduously  and  constantly  performed  were 
brought  to  an  end. 

She  had  done  all  that  she  could,  or  was  allowed  to  do,  in 
this  humane  work.  What  she  did,  was  done  with  the  full 
knowledge  and  consent  of  those  in  command  of  the  prison, 
with  the  exception,  that  on  a  few  occasions,  she  furnished 
money  to  escaped  prisoners  to  enable  them  to  get  to  Canada. 
These  were  mere  boys,  who,  upon  their  arrival  in  Canada, 
were  placed  at  school,  and  there  kept  until  the  close  of  the 
war.  So  that,  instead  of  working  against  the  Government, 
she  actually  did  it  a  service. 

We  give  this  brief  statement  of  facts  in  order  to  show  the 
malignity  of  the  Government  in  the  arrest  and  imprison 
ment  of  this  estimable  lady. 

In  November,  1864,  the  vindictiveness  of  the  party  in 
power  was  at  its  highest  pitch,  and  all  who  dared  to  differ 
from  it  became  the  recipients  of  a  relentless  persecution.  The 
Hon.  B.  S.  Morris  was  one  of  this  class,  although  obeying 
the  laws  of  his  country,  and  doing  nothing  but  what  the 
Constitution  guaranteed  him  the  right  to  do.  At  midnight 
his  house  was  surrounded  by  armed  soldiers.  He  was  ordered 
to  open  his  doors,  when  fifty  soldiers,  wearing  the  uniform 
of  the  United  States,  marched  in,  seized  and  dragged  him 
off  to  prison.  This  was  the  commencement  of  the  cruel  treat- 
ment that  was  so  mercilessly  heaped  upon  Mrs.  Morris.  Afte? 
they  had  imprisoned  her  husband,  she  requested  that  she 
might  be  allowed  to  see  him.    The  answer  from  his  brutal 


100 


AMERICAN  BASTILE. 


jailer  was  that  "  she  would  not  see  him  again ;  thai  ne  would 
be  hanged,  and  that  speedily  ; "  thus  adding  insult  to  injury, 
increasing  the  fears  of  a  woman  already  racked  with  the 
pain  of  uncertainty  as  to  her  husband's  fate. 

But  she  was  permitted  to  see  him  sooner  than  she  expected, 
and  under  circumstances  that  she  little  dreamed  of.  In 
about  four  weeks  after  his  arrest  and  imprisonment,  early  in 
the  morning,  she  was  informed  by  a  servant  that  the  house 
was  again  surrounded  by  armed  soldiers.  The  cause  of  their 
being  there  she  could  not  surmise — certainly  the  United 
States  Government  was  not  going  to  degrade  itself  by  arrest- 
ing a  woman.  Yes,  this  was  the  mission  of  its  seventy-five 
soldiers,  on  that  November  morning.  The  house  was  opened, 
and  the  healthy  and  robust  Captain  of  the  Invalid  Corps, 
(into  which  he  had  got  in  order  to  keep  at  a  safe  distance 
from  Rebel  bullets,)  after  having  placed  some  fifty  of  hit 
men  around  the  house  to  see  that  the  object  of  his  pursuit 
did  not  escape,  marched  boldly  at  the  head  of  his  remaining 
twenty-five  men  into  the  house,  called  for  Mrs.  Morris,  and 
informed  her  that  she  was  his  prisoner.  He  then  ordered 
her  to  produce  all  of  her  letters,  that  he  might  examine  them. 
This  she  was  compelled  to  do.  After  he  had  examined  them, 
and  finding  that  no  treason  was  contained  in  them,  he  con- 
cluded that  the  treasonable  documents  were  kept  back,  and 
thereupon  instituted  a  search  himself.  He  ransacked  every 
drawer  and  closet  in  the  house,  and  carried  otf  more  than  a 
bushel  of  letters,  but  found  nothing  objectionable.  He  then 
ordered  her  to  go  with  him  to  prison.  It  being  early  in  the 
morning,  and  having  only  thrown  on  her  wrapper,  she  re- 
spectfully asked  the  privilege  of  putting  on  some  more  suit- 
able clothing.  She  was  informed  that  she  would  not  be 
allowed  to  go  out  of  his  sight  for  one  minute.  She  told  him 
that  she  could  not  go  out  apparelled  as  she  was,  and  musk 
put  on  more  comfortable  clothing,  and  that  he  could  go  into 
her  room  and  examine  everything  in  it  again,  if  he  was  not 
satisfied  with  his  first  search,  and  convince  himself  that  there 
was  nothing  there  that  she  wished  to  destroy,  or  that  he  might 


MRS.    MART    B.  MORRIS. 


101 


not  see.  But  the  valiant  Captain  was  not  inclined  *o  allow 
the  first  prisoner  he  had  captured  any  possible  chance  of 
escape,  and  2onsequently  would  not  allow  her  to  go  alone. 
She  was  compelled  to  have  him  in  her  room  while  she  changed 
her  clothing,  a  servant-girl  standing  in  front  of  her  to  protect 
her,  as  much  as  possible,  from  his  sight. 

She  was  taken  to  Camp  Douglas  and  delivered  into  the 
hands  of  Captain  Sherley,  who  was  a  subordinate  of  Colonel 
Sweet,  the  commandant.  The  Colonel  ordered  Captain  Sher- 
ley to  confine  her  in  what  was  known  as  the  White-Oak 
Dungeon.  This  was  a  dark,  damp,  filthy  place,  swarming 
with  vermin.  But  the  Captain,  being  a  man  in  whose  breast 
the  instincts  of  manly  honor  were  not  quite  dead,  refused  em- 
phatically to  obey  the  order.  The  Colonel  informed  him 
that  if  his  order  was  not  obeyed,  he  would  place  him 
under  arrest.  To  which  the  Captain  retorted  that  he  would 
let  it  be  known  that  the  cause  of  his  arrest  was  for  his  refusal 
to  obey  a  brutal  order.  This  caused  him  to  paus%  and  con- 
sider, and  he  finally  concluded  to  allow  the  Captain  to  take 
her  and  her  husband  into  his  own  charge,  and  confine  them 
whore  he  saw  fit.  He  very  generously  took  them  to  his  own 
quarters,  and  had  a  room  fitted  up  for  them,  which  was  in- 
side of  the  camp  enclosure,  and  made  them  as  comfortable 
as  he  could  under  the  circumstances.  She  remained  here  for 
about  two  weeks,  not  knowing  why  she  was  arrested  and  im- 
prisoned, or  what  charges  they  had  against  her.  She  was 
then  ordered  to  Cincinnati  for  trial,  when  she  was  informed 
that  she  had  been  arrested  upon  the  charge  of  conspiring 
to  effect  the  release  of  the  prisoners  in  Camp  Douglas,  and 
for  which  she  would  very  likely  be  hanged ;  and  if  she  was 
not,  she  ought  to  be.  She  was  taken  to  Cincinnati  under  a 
strong  guard.  Before  she  started,  her  numerous  friends 
wished  to  see  her,  and  begged  the  Colonel  for  permission  to 
do  so,  but  he  was  deaf  to  all  their  entreaties. 

She  arrived  in  Cincinnati  in  the  dead  of  winter,  was  con- 
veved  to  McLean  Barracks  in  company  with  her  husband, 
aud  put  into  a  miserable,  gloomy,  and  filthy  room,  the  furni- 


102 


AMERICAN  BASTILE. 


ttire  of  which  consisted  of  a  wooden  bench  and  a  bunk,  made 
of  rough,  unplaned  boards.  The  grate  in  the  fire-place  was 
small  and  broken,  and  the  fuel  furnished  not  sufficient  to 
make  a  fire. 

She  begged  for  permission  to  send  out  and  purchase  a* 
least  a  bed  and  bedding,  if  they  would  allow  her  nothing 
more.  But  no  attention  was  given  either  to  her  request  or 
condition.  Imagine  her  horrible  situation — in  dead  of  winter, 
confined  in  a  cold  and  cheerless  room,  where  daylight  could 
scarcely  be  seen  through  the  cracks  of  its  boarded-up  win- 
dows— little  or  no  fire  by  which  to  warm  her  benumbed 
limbs — nothing  to  be  seen  but  the  armed  sentinel,  as  he 
walked  to  and  fro  upon  the  corridor  in  front  of  the  open 
door — nothing  to  be  heard,  save  the  wind  as  it  moaned 
without  or  whistled  through  the  apertures  of  the  broken 
windows.  Night  came  on — she  was  almost  worn  out  by  the 
fatigue  of  her  journey,  harassed  in  mind  and  body,  sick  and 
suffering  from  the  inhuman  treatment  she  was  subjected  to 
and  compelled  to  endure :  how  badly  she  needed  rest  and  re- 
pose !  But  how  was  she  to  sleep  upon  those  hard,  rough 
boards,  through  that  cold  winter  night,  with  no  covering  but 
the  smoked  and  blackened  ceiling  of  the  filthy  room  !  She 
»at  upon  the  wooden  bench  over  the  smouldering  embers  in 
the  broken  grate  until  far  into  the  night,  when  nature  at 
last  overcame  her,  and  she  stretched  her  wearied  and  almost 
exhausted  form  upon  the  hard  and  uninviting  boards,  pray- 
ing God  to  protect  and  preserve  her  through  the  rest  of  the 
eight,  hoping  that  the  morning  would  bring  relief,  and 
thinking  that  the  authorities  in  whose  hands  she  was  did 
aot  know  of  her  cruel  treatment,  and  that  when  they  ascer- 
tained the  facts,  they  would  certainly  remove  her  to  better 
and  more  comfortable  quarters.  But  she  was  doomed  to  dis- 
appointment. The  authorities  knew  full  well  where  she  was, 
and  how  she  was  being  treated,  had  indeed  ordered  it,  just 
M  it  was,  and,  instead  of  bettering  her  condition,  they  would 
havo  made  it  worse,  if  possible. 

The  morning  of  the  second  day  of  her  imprisonment  id 


UBS.    MARY    B.  MOEEIS. 


103 


this  wretched  place  found  her  suffering  severely  from  cold 
and  hunger,  for  she  had  eaten  nothing  for  thirty-six  hours. 
Those  in  charge  of  the  prison  had  furnished  nothing  but  a 
tin  cup  half  filled  with  a  vile  concoction,  which  resembled 
very  dirty  dish-water,  but  which  they  termed  soup.  This 
was  all  that  was  furnished,  and  neither  she  nor  any  other 
human  being  could  have  eaten  it.  It  looked  as  if  death  was 
to  be  meted  out  to  her  by  the  slow  and  painful  process  of 
starvation. 

The  Government  officials  knew  the  charges  they  had  made 
against  her  were  groundless,  without  a  particle  of  proof  to 
sustain  them,  as  the  sequel  proved.  But  they  thought  as  the 
charges  could  not  be  sustained,  they  would  by  their  brutal  and 
inhuman  treatment  caase  her  death  at  all  events.  And  they 
came  very  near  accomplishing  their  hellish  purpose.  Her 
treatment  during  the  succeeding  three  days  was  but  a  repe- 
tition of  the  cruelty  of  the  first.  On  the  fifth  day,  Mrs, 
Sarah  Teter,  a  friend  of  Mrs.  Morris,  through  the  influence- 
of  her  son,  Mr.  Peter,  who  was  a  warm  supporter  of  the  Ad- 
ministration, succeeded  in  obtaining  permission  to  send  to 
the  prisoner  a  few  eatables.  And  General  Willich,  who, 
although  an  infidel,  set  an  example  worthy  to  have  been  imi- 
tated by  those  who  had  immediate  control  of  the  prison,  and 
who  claimed  to  be  Christian  men,  after  seeing  the  wretched, 
and  horrible  condition  in  which  she  was  placed,  swore,  by 
that  place  that  we  all  hope  to  avoid,  that  she  should  be  al 
lowed,  at  least,  to  buy  the  necessaries  of  life.  But  this  small' 
relief  was  not  afforded  until  after  she  had  been  there  some 
five  or  six  days.  She  had  induced  a  soldier  to  sell  her  an  old 
wornout  straw  bedtick,  to  cover  the  boards  on  which  she 
had  been  sleeping  until  her  limbs  and  body  pained  and  ached. 
The  Government  about  this  time  magnanimously  furnished 
her  with  a  coarse  army-blanket.  Thus  did  she  live  for  mom 
than  two  months  —  December,  January,  and  part  of  Febru- 
ary—  in  this  wretched,  cold,  and  filthv  room,  not  being  al- 
lowed for  one  minute  to  go  out  of  it. 

This  horrible  treatment  and  severe  confinement  began  to 


104 


AMERICAN  BASTILE. 


tell  upon  her  health.  Her  constitution  was  breaking  down 
beneath  it.  At  last  a  physician  had  to  be  consulted.  lie 
at  once  went  before  a  justice  of  the  peace,  and  made  an  affi- 
davit that,  unless  she  was  allowed  to  take  some  exercise,  and 
her  treatment  otherwise  materially  improved,  she  could  not 
possibly  live  six  weeks  longer.  Upon  this  statement  made 
under  oath,  her  relentless  and  cruel  persecutors  permitted  her 
to  walk  out  on  the  corridor  fronting  her  room  one  hour  and 
a  half  daily.  But  this  slight  improvement  of  her  condition 
was  not  made  until  it  was  almost  too  late  to  benefit  her, 
for  soon  after  disease  seized  her,  and  she  was  compelled  to 
keep  her  bed.  Her  only  nurse  or  attendant  was  her  hus- 
band, and  when  he  was  absent,  in  attendance  upon  his  trial, 
which  occupied  some  six  hours  a  day,  a  Mr.  Patton,  who  was 
a  prisoner  in  the  barracks,  was  placed  in  the  room. 

On  this  trial,  all  the  evidence  they  had  against  Mrs.  Morris 
was  brought  out.  The  one  solitary  witness  against  her  was 
John  T.  Shanks,  one  of  the  meanest  and  most  despicable 
villains  that  ever  the  gallows  has  been  cheated  of  —  a  liar,  a 
thief,  and  a  forger,  as  was  known  to  Government  officials, 
and  fully  proven  on  the  trial.  When  the  war  broke  out  this 
Shanks  was  undergoing  a  sentence  of  imprisonment,  in  the 
Texas  penitentiary,  for  forgery.  A  mistaken  clemency 
granted  him  a  pardon,  that  he  might  join  the  Southern  army. 
Captured  with  General  Morgan's  forces,  in  his  famous  raid 
north  of  the  Ohio,  Shanks  was  imprisoned  with  the  privates 
of  Morgan's  command,  at  Camp  Douglas.  Here  he  secretly 
hired  himself,  as  a  spy  and  informer,  to  the  military  author- 
ities. Not  satisfied  with  acting  the  spy  in  the  camp,  he 
volunteered  to  play  the  role  of  an  escaped  prisoner,  in  order 
to  entrap  Mrs.  Morris,  by  appealing  to  her  sympathies. 
With  inconceivable  meanness  and  hypocrisy,  he  went  to  her 
house,  and  representing  himself  as  an  escaped  prisoner  in 
destitute  circumstances,  induced  her  to  furnish  him  some 
money,  promising,  on  his  honor,  it  should  never  be  spoken 
of  to  her  injury.    Returning  to  the  camp,  he  was  put  forth 


MRS.    MARY    B.  MORRIS. 


105 


by  the  military  conspirators  as  her  accuser,  and  on  his  infor 
mation  she  was  arrested. 

Such  was  the  instrument  and  such  the  trickery  employed 
by  the  Government  officials,  to  manufacture  a  charge  of 
treason  against  a  lady  whose  only  crime  was  that  she  had  a 
generous  and  feeling  heart,  which  could  not  resist  the  appeals 
of  misfortune.  It  was  infamous  to  set  such  a  wretch  to 
awaken  her  sympathy,  by  lying  tales  of  destitution  and  dis- 
tress, only  to  make  her  kindness  of  heart  an  excuse  for  cast- 
ing her  into  prison,  and  subjecting  her  to  unheard-of  indig- 
nities and  sufferings.  The  officials  who  descended  to  such 
base  artifices  disgraced  the  Government  they  represented. 
Their  conduct  only  illustrated  the  unprincipled  malignity 
which  then  animated  its  councils.  This  persecution  of  an 
innocent  lady  will  remain  a  foul  blot  on  the  Administration 
which  countenanced  it. 

After  this  vile  informer  and  perjured  wretch  had  given 
his  testimony  against  Mrs.  Morris  before  the  military  com- 
mission, on  the  trial  of  Judge  Morris  and  others,  and  its 
falsity  and  incompetency  were  fully  exposed,  the  Government 
had  no  longer  any  excuse  for  continuing  her  imprisonment. 
As  the  condition  of  her  release,  she  made  a  confession  that 
she  had  been  guilty  of  the  high  crimes  and  misdemeanors  of 
having  given,  on  several  occasions,  food,  clothing,  and  money, 
to  escaped  prisoners,  to  enable  them  to  get  to  Canada.  This 
confession  was  eagerly  sought  by  Mrs.  Morris's  persecutors,  as 
the  flimsy  excuse  by  which  they  hoped  to  justify  to  the  pub- 
lic their  own  flagrant  violations  of  the  Constitution,  in  incar- 
cerating a  lady  in  one  of  their  horrible  Bastiles,  without  due 
process  of  law,  and  inflicting  upon  her  a  severe  and  protracted 
punishment,  without  trial  by  any  tribunal  whatever.  To 
obtain  it,  they  promised  to  permit  her  to  remain  in  Cincin 
nati  with  her  husband,  during  his  trial  —  a  promise  which 
they  intended  to  violate  when  they  made  it. 

A  valorous  Adjutant  of  the  Home  Guard  sent  this  confes- 
sion to  headquarters,  accompanied  by  a  missive  of  his  own, 
full  of  bitter  and  vindictive  denunciation,  and  containing  a 


106 


AMERICAN  BASTILE. 


recommendation  that  she  be  summarily  banished  from  thu 
country.  But  his  superiors,  not  seeing  the  matter  in  thia 
light,  or  perhaps  fearing  to  proceed  farther  in  this  merciless 
and  illegal  persecution  of  a  lady  of  the  highest  respectability, 
mitigated  the  sentence  recommended  by  the  brave  and  mag- 
nanimous Adjutant,  by  banishing  her,  during  the  Avar,  to  the 
residence  of  her  father,  in  the  loyal  State  of  Kentucky. 

Thus  was  closed  this  disgraceful  chapter  in  the  history  of 
the  persecution  of  American  citizens  by  a  Government  which 
boasted  that  it  was  the  best  the  world  ever  saw,  and  yet  was 
guilty  of  acts  of  oppression  and  perfidy  to  its  own  citizens, 
which  would  disgrace  a  Russian  autocrat  or  a  Turkish  despot 


HIRAM  WENT  WORTH. 


TIIE  following  letter  is  from  a  victim  of  despotism.  As 
it  speaks  for  itself,  we  make  no  comments.  The  lettei 
is  addressed  to  Hon.  M.  Y.  Johnson,  of  Galena,  111.,  a  fel- 
low-prisoner in  Fort  Delaware,  formerly  an  inmate  of  Fort 
Lafayette : 

*  Hon.  M.  Y.  Johnson  : 

"Dear  Sir:  Yours  of  the  16th  arrived  on  the  17th,  in  company 
with  a  note  from  Senator  Rice,  which  I  will  copy  verbatim,  for 
you  to  dispose  of  as  you  may  think  proper.  Such  a  document 
ought  not  to  be  kept  in  the  dark.    Here  it  is : 

"  '  Washington,  Dec.  14,  1862. 
M  "Sir:  Yours  of  the  11th  inst.  is  received — you  were  suspected 
of  disloyalty — arrested  —  offered  your  freedom  if  you  would  take 
the  oath  of  allegiance  —  this  you  refused — thus  confirming  tho 
suspicions  of  your  disloyalty — as  it  appears  optional  with  your- 
self whether  you  remain  in  prison  longer  or  not  —  I  cannot  seo 
the  necessity  of  giving  myself  any  trouble  upon  the  occasion  — 
you  say  you  ask  no  favors — your  independence  may  keep  you 
company  until  you  are  satisfied  that  you  cannot  receive  all  the 
blessings  and  protection  of  a  free  country,  while  refusing  to  sup- 
port her  iustitutions. 

"'Respectfully,  yours, 

"'Henry  M.  Rice.' 

"So  much  from  Mr.  Rice — the  Honorable  Henry  M.  Rice — i 
the  squaw-compell'tng  Rice,  of  Minnesota.  It's  all  very  fine,  Mr. 
Rice,  but  what  has  become  of  m}T  constitutional  rights?  Did 
my  being  4  suspected  of  disloyalty'  annihilate  them?  Did  an 
arbitrary  arrest  deprive  me  of  my  birthright?  Having  been  ar- 
rested and  imprisoned  on  suspicion  of  disloyalty,  have  I  not 
clearly  the  right  to  demand  either  an  unconditional  release,  or 
such  a  trial  as  the  Constitution  provides  for  those  accused  of  thai 

107 


108 


AMERICAN  BA8TILE. 


crime?  'Tis  a  fine  thing  to  offer  a  man  his  freedom,  if  he  will 
aweai  ahegiance  to  a  tyrant  who  is  murdering  him  piecemeal, 
without  the  shadow  of  a  cause.  'Tis  an  extravagant  eulogy  on 
the  recent  conduct  of  his  Dakota  relatives  in  Minnesota  —  a  des- 
perate attempt  to  make  6avage  treachery  virtuous  by  compari- 
son —  for  this  Indian  fur-trader  (whose  popularity  with  the  red- 
skins alone  elevated  him  to  Congress)  to  tell  a  loyal,  native-bom 
citizen  (who  has  been  in  close  confinement  nearly  seven  months, 
rather  than  plead  guilty  to  a  false  charge  which  would  make  his 
name  infamous  forever)  that  his  independence  may  keep  him 
company  until  he  is  satisfied  that  he  cannot  receive  all  the  bless- 
ings and  protection  of  a  free  country,  while  refusing  to  support 
her  *  institutions/  My  independence,  which  this  descendant  of 
Esau  attempts  to  ridicule,  was  -purchased  with  the  blood  of  a 
noble  ancestry,  and  will  be  scrupulously  maintained  at  all  hazards. 
He  could  not  have  consigned  it  to  better  company  or  safer 
keeping.  I  am  already  satisfied  that  the  blessings  and  protection 
of  a  country  whose  institutions  come  and  go  at  the  bidding  of 
one  man,  are  not  worth  receiving;  but  I  am  receiving  them,  satis- 
faction, health,  and  Esau's  opinion  to  the  contrary  notwithstand- 
ing; and  if  'refusing  to  support  her  institutions'  is  a  proof  of 
disloyalty,  refusing  to  support  her  Constitution  becomes  an  evi- 
dence of  loj'alty,  for  many  of  the  former  are  flagrant  viola- 
tions of  the  latter;  and  yet  his  blockheadcd  stupidity  informs 
me  that  my  refusing  to  take  the  oath  of  allegiance  confirmed  the 
suspicions  of  my  disloyalty.  Well,  supposing  it  did  ?  I  have 
challenged  suspicions  repeatedly,  and  received  no  answer.  Did 
my  refusal  to  plead  guilty  preclude  me  the  right  of  a  trial?  His 
extreme  dulness  accuses  me  of  asking  no  favors;  but  does  it  there- 
fore follow  that  I  shall  receive  no  justice?  His  unblushing 
treachery  says,  in  other  words,  that  1  may  remain  here  until  I 
am  satisfied  with  purchasing  my  inalienable  rights  at  Abolition 
prices  —  which  means  forever. 

"During  the  last  Presidential  canvass,  I  was  three  times 
arrested  for  expressing  Union  sentiments  in  a  Southern  State. 
At  the  commencement  of  the  war,  I  declined  the  offer  of  a  com- 
mission in  the  Confederate  arm}-,  and  enlisted  as  a  private  in  the 
brst  regiment  of  Minnesota  volunteers.  After  serving  nearly 
five  months  in  that  capacity,  I  was  discharged  for  'military  in- 
ability,'  (wearing  lon^  hair,)  my  protest  to  the  contrary  notwith- 


HIRAM  WIKTWOEIH. 


109 


standing  I  subsequently  served  as  an  indepesdent  soldier  more 
thai)  a  month,  gratuitously,  in  the  same  regiment;  several  weeks 
after  whuh,  1  was  'suspected  of  disloyalty' — and  by  whom? 
Why,  by  a  drunken  lieutenant,  who  had  never  seen  me  before  in 
his  life;  but  who  said,  nevertheless,  that  he  believed  me  to  be 
'a  damned  rebel  spy,  and  that  if  he  could  have  his  way,  he  would 
hang  me  on  the  spot  with  a  piece  of  telegraph  wire/  Having, 
however,  no  authority  to  hang  me,  he  graciously  contented  him- 
self with  arresting  me  and  taking  me  to  Martinsburg,  where  he 
tried  to  lionize  himself  by  reporting  that  he  had  captured  Colo- 
nel Ashby,  which  created  so  much  excitement,  that  the  guard 
found  it  quite  difficult  to  prevent  my  being  taken  from  them 
before  they  could  get  me  to  the  Provost-Marshal's  office ;  and  the 
Marshal  found  it  necessary  to  double  the  guard,  and  send  also  an 
advance  guard  to  clear  the  way  to  the  jail,  where  he  ordered  me 
to  be  kept  for  my  own  safety  till  the  false  report  could  be  satis- 
factorily contradicted,  and  the  mob  dispersed,  which  numbered 
not  less  than  two  thousand  men.  Thus  the  scene  closed  at 
about  9  o'clock  p.m.  of  the  6th  of  June  last.  About  twenty-four 
hours  later,  the  Marshal  (Major  Walker,  of  the  Tenth  Maine 
regiment,)  ordered  my  release,  provided  I  would  leave  town  im- 
mediately. I  countermanded  his  order,  by  informing  him  that  1 
did  not  now  propose  to  1  leave  town,'  till  I  could  have  daylight 
to  do  it  by,  and  my  own  time  to  do  it  in.  The  next  (Sunday) 
morning  I  was  unconditionally  released  ;  but,  owing  to  the  reli- 
gious habits  of  Virginia  cars,  I  did  not  'leave  town  '  until  Mon- 
day, when  I  returned  to  Harper's  Ferry,  where  I  had  previously 
engaged  myself  as  brakesman  on  the  Baltimore  and  Ohio  Rail- 
road ;  and  there,  about  2  p.m.  of  the  same  day,  I  was  again 
arrested  —  whether  on  'suspicion  of  disloyalty,'  or  on  the  sup- 
position that  I  had  neither  money,  friends,  nor  constitutional 
rights,  I  cannot  tell :  all  I  can  say  is,  I  was  kept  there  two 
days,  in  a  filthy  guard-house,  without  being  allowed  to  send  a 
telegram,  or  even  a  letter,  to  Washington,  and  was  then  sent  to 
Baltimore,  without  the  privilege  of  going  or  sending  to  my 
boarding-house,  in  Harper's  Ferry,  for  a  carpet-sack  full  of  cloth- 
ing, before  starting.  After  several  days  treatment  in  the  Balti- 
more city  jail,  the  overseer  of  that  extensive  liberty-mill  came 
to  my  cell,  and  asked  me  if  T  was  willing  to  take  the  oath  of 
allogiance;  to  which  I  replied,  '  I  am  now.  as  I  have  over  been, 


110 


AMERICAN  BASTILE. 


a  lo}-al  citizen  of  the  United  States;  and  whenever  anything  din- 
loyal  to  the  Constitution  has  been  proved  against  nic,  I  shall  bo 
ready  to  renew  my  allegiance.'  The  operator  then  said,  '  The 
question  is,  will  you  take  the  oath  of  allegiance?  I  want  a 
monosyllable  for  an  answer  —  yes  or  no.'  As  I  had  one  of  tho 
words  he  mentioned  at  my  tongue's  end,  of  course,  I  instantly 
relieved  the  patriotic  agony  of  the  suffering  miller,  by  giving 
him  his  inevitable  toll,  lie  seemed  to  accept  it  as  a  great  favor, 
and  ground  me  some  seven  weeks  without  any  extra  charge. 
The  operation  was  performed  in  a  small  apartment,  vulgarly 
called  a  cell,  where  1  fared  sumptuously,  on  rye  bread  and  bean 
soup,  every  day.  I  was  then  favored  with  a  gratuitous  pleasure- 
trip  to  Fortress  Monroe,  and  afterward  lodged  in  another  citizen- 
factory,  which  was  also  conducted  on  the  oath  principle  by  Gen- 
eral Morris,  who  also  wanted  a  '  monosyllable.'  As  the  one  I 
experimented  with  in  tho  city  succeeded  so  well,  I  supposed  it 
would  win  in  Fort  McHenry;  but  General  Morris  is  a  crabbed  old 
cuss ;  I  don't  think  anything  would  suit  him  ;  he  only  ground  me 
two  weeks  in  a  stable  hay-loft  —  on  hard  bread  and  salt  horse,  at 
that.  I  was  glad  to  get  'shut'  of  him,  and  regard  my  second 
attempt  with  tho  talismanic  'no'  as  a  'great  Union  victory/ 
after  all.  It  wins  in  Fort  Delaware  ever}'  time.  I  repeated  it, 
the  day  I  received  the  letter,  with  the  utmost  assurance,  as  I 
cow  consider  myself  permanently  located.  I  must  confess  'I 
cannot  sec  the  necessity'  of  my  'supporting  her  institutions/  as 
long  as  'her  institutions'  insist  on  supporting  me;  nor  is  it  'op- 
tional  with  myself  whether  I  remain  in  prison  longer  or  not/ 
while  honor  is  demanded  of  me  as  the  price  of  liberty. 

"  Mr.  Jobnson,  one  favor  —  a  message  to  bear: 
Tell  Abe  Lincoln  I've  no  allegiance  to  spare; 
Tbat  tbe  freedom  be  seeks  for  tbe  African  slave, 
Will  not  pay  for  tbe  sbackles  and  blood  of  tbe  brave  i 
Tbat  1  ask  for  no  favor  —  would  utter  no  groan, 
Tbougb  my  life  for  political  sins  should  atone: 
But  tbat  justice  must  bave  me,  if  guilty  of  crime, 
Or  I  will  bave  justice,  if  robbed  of  my  time. 
Ob,  Democracy!  once  the  proud  boast  of  our  land, 
Be  tbou  treason  or  not,  here 's  my  heart  and  my  band; 
I  am  proud  of  the  chains  that.  I  wear  for  thy  sake, 
But,  oh!  why  dost  thou  slumber?    Awaken!  awake t 

"Yours,  truly,  HIEAM  WENTWOKTH. 

•«  Fort  Delaware,  Dec.  20,  1862." 


BON.  FRANCIS  D.  FLANDERS,  AND  JUDGE  JOSEPH 
R.  FLANDERS. 


HON.  FRANCIS  D.  FLANDERS,  and  Judge  Joseph  R. 
Flanders,  brothers,  reside  at  Malone,  Franklin  County, 
New  York. 

They  were  arrested  about  seven  o'clock,  on  the  morning 
of  Tuesday,  the  22d  day  of  October,  1861,  by  four  Deputy 
Marshals,  coming  in  upon  them  while  they  were  at  break- 
fast with  their  families.  They  were  told  by  the  officers  that 
their  instructions  were  to  disregard  any  writ  of  habeas  cor- 
pus which  might  be  issued  in  their  behalf,  and  arrest  any 
person  attempting  to  take  them  from  their  custody,  under 
any  process  or  authority  whatever. 

The  following  is  a  copy  of  the  order  under  which  the 
Deputy  Marshal  acted : 

"Department  op  State, 

Washington,  Oct.  11,  1861. 
"Edward  I.  CnASE,  Esq.,  United  States  Marshal  of  the  Northern 
District  of  New  York,  Lockport: 
"Sir:  Please  confer  with  the  United  States  District  Attorney 
for  the  Northern  District  of  New  York,  and  arrest  Francis  D. 
Flanders,  and  Joseph  R.  Flanders,  and  convey  them  to  Fort 
Lafayette. 

"  Very  truly  yours,  • 

«  Wm.  H.  Seward." 

There  was  a  regiment  of  volunteers  in  camp  at  Ogdensburg, 
about  sixty  miles  from  the  place  of  their  arrest,  the  two 
places  being  connected  by  railroad.  The  Deputy  Marshal 
said  they  had  made  arrangements  for  any  requisite  number 
of  these  soldiers  being  brought  down  upon  them  in  case  of 
any  resistance.  The  chief  officer  who  made  the  arrest  told 
them  that  Judge  Ilall,  the  United  States  District  Judge  for 

ill 


112 


AMERICAN  BASTILE. 


the  Northern  District  of  New  York,  was  at  Albany  when 
they  left,  and  that  if  he  was  still  there,  they  should  be  taken 
before  him  and  have  an  examination. 

But  they  did  not  allow  them  to  stop  at  Albany,  and  evi* 
dently  did  not  intend  to  do  so  when  they  gave  this  assurance 
They  were  taken  to  the  cars  at  ten  o'clock,  and  travelled 
night  and  day,  until  they  reached  Fort  Lafayette,  in  the 
afternoon  of  the  next  day.  They  were  delivered  by  the 
Deputy  Marshal  to  Colonel  Burke,  at  Fort  Hamilton,  and 
by  him  sent  over  to,  and  placed  in  the  custody  of  a  ruffianly 
civilian  lieutenant,  of  the  name  of  Wood.  He  took  from 
them  all  their  money,  giving  a  written  acknowledgment  for 
it.  They  were  then  placed  in  a  large  battery-room  of  the 
Fort,  in  which  were  five  or  six  guns  upon  carriages.  This 
room  was  then  tenanted  by  forty  or  fifty  prisoners,  of  a  most 
promiscuous  sort,  and  of  every  variety  of  character.  They 
had  no  tables,  chairs,  washstands,  or  bowls,  and  all  the 
prisoners  had  to  go  out  in  the  square  of  the  Fort  to  wash, 
the  weather  being  cold  and  frosty.  The  beds  furnished  them 
at  Fort  Lafayette  were  comfortable.  All  that  they  had  to 
eat  was  cooked  by  a  soldier,  and  served  to  them  in  the  soldiers' 
mess-room  on  a  common  table.  Their  meals  immediately 
succeeded  those  of  the  soldiers,  and  consisted,  for  breakfast, 
of  a  slice  of  half-boiled  fat  pork,  a  slice  of  very  poor  stale 
bread,  and  a  tin-cup  of  black,  bitter  liquid,  called  coffee,  with- 
out milk,  and  sweetened  with  strong  and  unpleasant  sugar 
or  molasses.  At  dinner  they  had  the  same  kind  of  bread, 
some  thin  beef-soup,  and  boiled  beef  or  pork.  For  supper, 
the  same  as  breakfast. 

A  day  or  two  before  they  left  for  Fort  Warren  they  were 
furnished  with  tables,  chairs  and  pails.  They  remained  in 
Fort  Lafayette  one  week,  and  were  then  conveyed,  on  the 
steamer  State  of  Maine,  together  with  about  a  thousand 
others,  prisoners  of  war,  political  prisoners,  and  a  guard,  to 
Fort  Warren,  in  Boston  Harbor.  They  were  on  board  the 
State  of  Maine  some  forty  hours,  including  two  nights,  and 
all  felt  that,  overloaded  as  it  was,  should  a  storm  arise. 


THE    BROTHERS  FLANDERS. 


113 


nothing  could  save  them  from  destruction.  The  few  state- 
rooms were  occupied  by  those  fortunate  enough  to  get  them ; 
all  the  rest  slept  on  chairs,  round  stools,  settees,  and  on  the 
floor  of  the  deck.  They  had  nothing  to  eat  but  hard  bis- 
cuit and  raw  meat,  with  coffee  once  or  twice,  without  milk, 
brought  around  in  horse-buckets,  and  dipped  out  in  tin  cups. 

When  they  entered  Fort  Warren,  on  the  morning  of  the 
1st  November,  no  provision  had  been  made  for  them,  and 
the  first  that  they  got  to  eat  was  late  in  the  afternoon,  when 
a  barrel  of  hard  biscuit,  and  a  raw  ham  set  upon  the  head 
of  a  barrel,  were  placed  on  tbe  parade-ground  of  the  fort, 
and  from  tbese  the  prisoners  made  their  only  meal  that  day. 
Things  were  but  little,  if  any  better,  the  next  day.  After  that 
the  prisoners  were  allowed  soldiers'  rationc,  but  no  conve- 
niences for  cooking,  without  going  into  a  large  room  where 
there  were  forty  or  more  prisoners  all  struggling  for  the  use 
of  one  common  stove. 

When  they  arrived  at  Fort  Warren,  they  had  nothing  to 
Bleep  on  but  a  stone  or  brick  floor,  or  some  wooden  slats  like 
a  gridiron,  without  beds  or  blankets.  After  a  week  or  more 
they  were  furnished  with  a  straw  tick  and  a  sboddy  blanket, 
and  some  time  afterward,  with  a  moss  mattress  and  pillow 
and  some  additional  blankets,  and  an  iron  bedstead. 

After  they  had  been  in  the  Fort  some  weeks,  Seth  E.  Haw- 
ley,  of  New  York,  as  agent  of  Mr.  Seward,  came  to  the  Fort 
and  offered  to  investigate  the  cases  of  all  prisoners  of  state, 
who  would  first  take  the  oath  prescribed  by  the  Lincoln 
Government,  called  the  oath  of  allegiance. 

The  prisoners  drew  up  and  caused  to  be  handed  to  him 
their  reasons  for  refusing  the  Lincoln  oath,  and  a  protest 
against  it,  of  which  the  following  is  a  copy : 

•*  The  undersigned  prisoners  confined  in  Fort  Warren,  Boston 
Harbor,  having  been  offered  a  discharge  upon  the  condition  of 
our  taking  the  oath  prescribed  for  certain  officers  of  the  United 
States,  by  a  law  passed  at  the  late  extra  session  of  Congress, 
decline  to  take  said  oath,  upon  the  following  grounds  : — We 
8 


114 


AMERICAN  BASTILE. 


have  been  guilty  of  no  offence  against  the  laws  of  our  country, 
but  have  simply  exercised  our  constitutional  rights  as  free 
citizens  in  the  open  and  manly  expression  of  our  opinions  upon 
public  affairs.  We  have  been  placed  here  without  legal  charges, 
or  indeed  any  charges  whatsoever  being  made  against  us,  and 
upon  no  legal  process,  but  upon  an  arbitrary  and  illegal  order  of 
the  Hon.  Wm.  H.  Seward,  Secretary  of  the  United  States.  Every 
moment  of  our  detention  here  is  a  denial  of  our  most  sacred 
rights.  We  are  entitled  to,  and  hereby  demand  an  unconditional 
discharge;  and,  while  we  would  cheerfull}7  take  the  oath  pre- 
scribed by  the  Constitution  of  the  United  States,  because  we  are, 
always  have  been,  and  always  intend  to  be  loyal  to  that  instru- 
ment, (though,  at  the  same  time,  protesting  against  the  right  of 
the  Government  to  impose  even  such  an  oath  on  us  as  the  con- 
dition of  our  discharge,)  we  cannot  consent  to  take  the  oath  now 
required  of  us,  because  we  hold  no  office  of  any  kind  under  the 
Government  of  the  United  States,  and  it  is  an  oath  unknown  to, 
and  unauthorized  by  the  Constitution,  and  commits  us  to  tho 
support  of  the  Government,  though  it  may  be  acting  in  direct 
conflict  with  the  Constitution,  and  deprives  us  of  the  right  of 
freely  discussing,  and  by  peaceful  and  constitutional  methods 
opposing  its  measures  —  a  right  sacred  to  freedom,  and  which  no 
American  citizen  should  voluntarily  surrender.  That  such  is  tuo 
interpretation  put  upon  this  oath,  and  such  its  intended  effect, 
is  plainly  demonstrated  by  the  fact  that  it  is  dictated  to  us  as  a 
condition  of  our  discharge  from  an  imprisonment  inflicted  upon 
as  for  no  other  cause  than  that  we  had  exercised  the  abovo 
specified  constitutional  rights. 

"  F.  D.  FLANDERS. 
"J.  E.  FLANDEIIS." 

Nothing  further  was  heard  of  this. 

A  few  weeks  afterward  the  wives  of  the  prisoners,  accom 
panied  by  their  fathers,  and  carrying  a  letter  from  Hon.  E.  D. 
Morgan,  Governor  of  New  York,  to  the  President,  urging  a 
hearing  of  their  cases,  proceeded  to  "Washington,  and  were, 
by  the  kind  offices  of  Hon.  Erastus  Corning,  immediately 
introduced  to  Mr.  Lincoln.  They  stated  the  object  of  their 
tifcit,  when  the  President  replied  that  these  things  belonged 


THE    BROTHERS  FLANDERS. 


115 


entirely  to  Mr.  Seward  'a  department ;  he  knew  nothing  about 
them ;  had  never  heard  of  their  cases  before,  and  they  must 
go  to  Mr.  Seward. 

They  accordingly  went  to  the  office  of  the  Secretary  of  State, 
where  they  were  received  very  reluctantly,  and  only  through 
Mr.  Coming's  influence.  Scarcely  had  they  become  seated 
when  the  Hon.  Secretary  turned  to  one  of  the  ladies,  and  in  a 
very  loud  and  excited  tone  of  voice,  said :  "  Well !  what  pro- 
positions have  you  got  to  make?"  She  replied:  "We "did 
not  come  to  make  propositions,  but  to  demand  a  trial  for 
our  husbands,  or  their  unconditional  release."  "No!"  was 
the  short  answer,  in  a  still  higher  key.  Astonished  more  by 
his  manner  than  his  answer,  a  pause  ensued,  when  he  said : 
"Have  you  anything  more  to  say?"  Mrs.  F.  D.  Flanders 
Raid :  "  Our  husbands  object  to  taking  the  Lincoln  oath,  but 
are  willing  to  take  the  oath  prescribed  by  the  Constitution." 
He  replied :  "Any  loyal  man  will  take  that  oath  ;  your  hus- 
bands are  traitors ;  I  have  put  them  in  there,  and  they  shall 
stay  there."  She  answered:  "  They  are  not  traitors."  He 
said :  "  They  are  traitors  ;  you  say  they  are  not  traitors,  and 
1  say  they  are  traitors ;  now  what  are  you  going  to  do  about 
it?"  She  then  said:  "  Governor  Morgan  wrote  a  letter  to 
the  President,  calling  for  a  trial  for  them  as  citizens  of  his 
State."  He  replied :  "  I  don't  care  if  all  the  governors  in  the 
world  should  ask  it,  they  shan't  come  out  till  they  take  that 
oath."  One  of  the  ladies  then  asked:  "Won't  you  tell  us 
what  they  have  done ? "  "I  make  no  charges  ;  I  won't  argue 
with  you  ;  they  shall  take  that  oath  ;"  was  the  reply,  in  the 
most  excited  manner.  He  then  added :  "If  you  haven't  any- 
thing more  to  say,  I  have  done  with  you ;  I  have  nothing 
more  to  say  to  you."  Mrs.  J.  R.  Flanders,  whose  father  is  a 
Republican,  then  asked:  "Won't  you  hear  my  father?  He 
supports  your  Government,  and  is  a  Republican."  "  The 
more  shame  to  him  that  he  has  not  brought  up  his  daughter 
and  her  husband  better,"  was  the  dignified  and  courteous 
answer  of  the  Hon.  Secretary  of  State.  Dr.  Bates,  the  fathe? 
of  Mrs.  F.  D.  Flanders,  then  said   "The  gentlemen  have 


INT 


AMERICAN  BASTILE 


been  in  prison  almost  four  months;  haven't  you  punished 
them  enough  to  let  them  have  a  trial ?"  "I  have  no  trial  to 
give ;  I  leave  that  to  my  successor ; "  was  the  reply.  Mr. 
Raymond  (the  Republican)  then  said :  "  I  am  sorry  to  hear 
such  a  remark  from  you  as  you  made  to  my  daughter  a  mo- 
ment ago."  "I am  not  sorry.  I  repeat  it.  You  ought  to  be 
ashamed,  not  to  have  brought  your  daughter  up  better,"  said 
this  model  of  suavity,  and  thus  the  interview  ended. 

On  the  14th  day  of  February,  1862,  Hon.  Edwin  M.  Stanton, 
who  had  succeeded  General  Cameron,  issued  an  order,  by  direc- 
tion of  the  President,  taking  the  political  prisoners,  as  prisoners 
of  state,  out  of  the  hands  of  Seward,  and  placing  them  under 
the  control  of  the  head  of  the  War  Department,  and  stating 
that  all  who  were  not  spies  of  the  enemy,  or  of  such  charac- 
ter that  their  liberation  would  be  dangerous  to  the  public 
safety,  would  be  liberated  upon  their  signing  a  parole  not  to 
give  aid  and  comfort  to  the  enemy,  of  which  the  following  ia 
a  copy : 

{i  Fort  Warren, 
Boston  Harbor,  Feb.  22,  1862. 
"  1,  {here  follows  the  name,)  a  prisoner,  do  pledge  my  word  of 
honor,  that  I  will  render  no  aid  or  comfort  to  the  enemies  in 
hostility  to  the  Government  of  the  United  States. 

{Signature)'1 

They  signed  this  parole  on  the  22d  of  February,  and  on 
fche  next  day,  the  23d,  they  were  landed  at  Boston,  and 
Government  care  for  them  ceased. 

On  the  twelfth  day  after  the  arrest  of  these  gentlemen, 
two  of  the  marshals  concerned  in  their  seizure  returned  to 
Malone,  and,  taking  with  them  the  sheriff  of  the  county  and 
several  constables  to  protect  them  against  helpless  women 
and  children,  thoroughly  searched  their  houses  and  offices, 
took  from  them  all  the  private  letters  and  papers,  the  accu- 
mulation of  years,  many  of  them  valuable,  and  sent  them 
to  the  Secretary  of  State ;  and  up  to  this  time  they  have  not 
l>een  able  to  recover  them 


ARCHIBALD  McGREGOR. 

ARCHIBALD  McGREGOR  was  born  in  Hamilton,  Scot- 
land,  in  December,  1819.  His  father,  John  McGregor, 
was  educated  at  Glasgow  University,  was  a  teacher  in  Scot- 
land, and,  till  near  his  deuth,  was  a  successful  teacher  of  an 
academy  at  "Wadsworth,  Ohio,  where  Archibald  received  his 
education.  It  was  love  of  liberty,  and  opposition  to  the  Brit- 
ish system  of  government,  that  induced  the  father  to  emigrate 
with  his  family  to  America,  in  1828.  In  these  principles,  he 
carefully  educated  his  family  ;  and,  like  his  father,  the  subject 
of  this  sketch  has  ever  been  a  zealous  and  influential  Democrat. 
In  1848,  Mr.  Archibald  McGregor  was  solicited  by  the  leading 
Democrats  of  Canton,  where  he  was  teaching,  to  take  charge 
of  the  "  Stark  County  Democrat."  He  accepted  the  offer, 
and  still  continues  the  business,  assisted  by  his  son.  Mr. 
McGregor  has  filled  the  positions  of  County  School  Examiner, 
County  Auditor,  member  of  the  Canton  Board  of  Education, 
and  School  Examiner  for  the  Canton  Union  School.  As  an 
editor,  he  has  always  published  a  vigorous,  fearless,  and 
decidedly  Democratic  paper  —  devotion  to  principle  trans- 
cending all  personal  considerations. 

In  1854-55,  his  paper  dealt  heavy  blows  against  Know 
Nothingism ;  and  his  speeches  over  the  county,  exposing  that 
infamous  organization,  brought  down  upon  him  the  whole 
vengeance  of  the  party.  Ever  avoiding  personal  wrangling, 
he,  as  a  public  man,  has  been  accustomed  to  great  plainness 
of  speech.  As  will  be  seen,  Mr.  McGregor  was  an  object  of 
especial  Radical  attention  during  the  late  war.  His  invariablii 
gentlemanly  deportment,  and  high  character  as  a  citizen, 
always  commanded  the  respect  of  the  Conservative  portion  of 
bis  political  opponents,  even  in  the  time  of  their  wildest  fury 

117 


118  AMERICAN  BASTILE. 

From  the  beginning  of  the  late  civil  war,  Mr.  McGregor 
was  greatly  persecuted  and  maligned  by  the  "  trooly  loil " 
denizens  of  his  section.  He  has  suffered  imprisonment,  loss 
of  property,  and  received  other  attentions,  tending  to  prove 
him  an  unswerving  friend  of  constitutional  liberty,  and  one 
not  to  be  driven  from  the  path  of  duty  by  the  clamor  or 
threats  of  his  opponents. 

On  the  evening  of  the  17th  of  April,  1861,  Mr.  McGregor 
was  seized  by  a  mob  of  several  hundred  excited  and  infuri- 
ated men,  at  Massillon,  Ohio,  whither  he  had  gone  on  busi- 
ness —  their  excuse  being  that  his  paper  did  not  favor  the 
war,  which  had  then  broken  out. 

The  mob  were  about  to  hurl  him  into  the  canal,  when  the 
Mayor  —  a  Republican  —  came  to  his  rescue,  and  succeeded 
in  getting  him  into  his  office.  The  mob  surrounded  it,  and 
yelled  for  a  victim.  After  about  an  hour  or  so,  a  carriago 
was  procured,  and,  aided  by  a  body-guard,  he  succeeded  in 
passing  through  the  vindictive  crowd,  whose  demoniacal 
shouts  rent  the  air,  and,  having  entered  the  vehicle,  was 
rapidly  driven  to  Canton,  a  distance  of  eight  miles. 

Arriving  there,  and  before  going  to  his  home,  he  called 
upon  a  Democratic  friend,  to  inform  him  of  the  outrage  at 
Massillon,  and  there  learned  that  an  excited  crowd  had  also 
Been  ranging  about  Canton,  in  search  of  him  as  their  chief 
object  of  vengeance.  This  mob  had  been  in  waiting  at  the 
railroad  depot,  expecting  him  to  return  home  in  the  evening 
train,  and,  not  finding  him  there,  proceeded  thence  to  hia 
house,  where  they  called  for  him  by  name.  Mrs.  McGregor 
stepped  upon  the  portico,  and  demanded  their  business  with 
her  husband,  and  ordered  them  away.  These  were  the  first 
lucky  escapes,  but  by  no  means  the  last ;  for  his  paper,  com- 
ing out  every  week,  kept  alive  the  animosity  of  the  war 
party,  and  made  him  a  constant  object  of  their  vindictive- 
ness.  This  they  manifested  in  various  ways  —  withdrawal 
of  patronage  —  loss  of  subscribers  —  threats  of  persona*  in- 
jury, and  lestroying  his  office,  which  was  done  on  th  ?£J 
of  August. 


ARCH.  BALD  McGEEGOK. 


119 


It  is  unnecessary  to  detail  the  numerous  personal  risks 
to  which  such  a  man  as  Mr.  McGregor  was  subject.  For  a 
time  he  could  not  walk  the  street  without  hearing  from  be- 
hind him,  frequently  muttered,  "Traitor."  If  he  took  tho 
cars  to  travel,  he  was  sure  to  be  recognized  by  some  sneak, 
who  would  endeavor  to  excite  the  ire  of  the  passengers  or 
"soldiers"  —  which  latter  generally  comprised  a  large  por- 
tion of  the  passengers  —  against  him.  This  may  serve  to 
show  the  constant  danger  to  which  prominent  Democrats 
were  exposed,  during  the  first  }^ear  of  the  war,  and  even 
afterward,  from  the  fury  of  a  mob,  who,  ceasing  to  be  gov- 
erned by  reason,  were  led  on  by  their  frenzied  passions. 
Although  Canton  was  usually  a  Democratic  town,  yet  there, 
as  elsewhere,  the  Abolition  war  furor  was  paramount. 

If  a  Democratic  paper  did  not  proclaim  war  with  the  zeal 
of  ti  Mohammedan,  and  denounce  all  who  opposed  it  with  tho 
opprobrious  epithet  of  "  traitors,"  and  recommend  them  as 
fit  subjects  for  "  the  rope  and  the  halter,"  the  editor  himself 
was  liable  to  receive  these  delicate  attention?. 

The  feverish  state  of  the  public  mind  wa?»  such,  that  in  a 
few  minutes  a  crowd  of  frenzied  individuals  could  be  got 
together  ready  for  the  commission  of  almo/it  any  manner  of 
violence.  Ropes  were  hung  upon  all  the  lamp-posts  about 
the  town,  and  "Death  to  traitors  "  was  p  ominently  posted 
up.  Amid  this  wild  fury  and  rage,  Mr.  M<  Gregor  continued 
to  issue  his  paper,  without  swerving  or  cri  nging,  yet  with  a 
degree  of  prudence  of  expression  which  gave  his  venomous 
political  enemies  no  opportunity  for  wreaking  vengeance  upon 
him,  although  they  frequently  sent  maiked  copies  of  his 
paper  to  the  Departments  whence  issued  the  orders  for  arbi 
trary  arrests. 

On  the  night  of  August  22,  1861,  the  newspaper  and  job 
office  of  the  "  Stark  County  Democrat  "  was  broken  into  by  a 
squad  of  new  recruits,  mostly  sons  of  prominent  families  of 
Canton.  The  leader  in  this  nefarious  work  was  Lieutenant 
Edward  S.  Meyer,  son  of  an  attorney  at  law  in  Canton.  He 
was  aided  by  Jeff  Reynolds,  son  of  Madiso:;  Reynolds,  0.  F 


120 


AMERICAN  BAST1LE. 


Browning,  Jr.,  Thomas  Patton,  Jr.,  and  several  others, 
about  twenty  in  all.  The  office  wa9  in  the  second  story  of 
the  county  buildings,  on  the  first  floor  of  which  were  the 
county  offices.  The  building  not  being  occupied,  no  alarm 
was  given,  and  they  went  on  with  their  work  of  destruction 
unmolested.  Several  Democrats  saw  the  affair,  but  gave  no 
alarm,  fearful,  probably,  that  serious  consequences  might 
ensue  by  arraying  one  portion  of  the  community  against  the 
other. 

The  marauders  did  their  work  effectually,  making  a  bon- 
fire in  the  street,  and  burning  wood,  type,  stands,  cases,  and 
all  that  was  combustible.  The  destruction  was  complete, 
the  old  newspaper  hand-press  being  the  only  article  Oi  any 
value  that  escaped. 

Mr.  McGregor  knew  nothing  of  the  destruction  of  his 
office  till  near  breakfast-time  the  next  morning,  lie  had 
been  in  the  habit  of  guarding  it  till  eleven  or  twelve  o'clock, 
and  at  times  having  a  guard  remain  over  night.  The  estab- 
lishment had  often  before  been  threatened  with  destruction, 
but  hopes  were  entertained  that  it  would  continue  to  escape. 

The  news  spread  over  the  country  like  wildfire,  and  the 
excitement  and  indignation  amons:  Democrats  were  intense. 
Two  days  after,  a  meeting  was  called,  and  it  was  largely  at 
tended  by  the  staunch  Democratic  farmers  and  others.  Mr 
McGregor  addressed  the  meeting  in  some  suitable  remarks, 
daring  his  enemies  to  point,  in  his  paper,  to  one  expression 
of  his  opposing  the  Constitution  and  Union  of  our  fathers, 
or  advocating  secession,  or  a  dissolution  of  the  Union. 

A  few  contemptible  "  War  Democrats  "  busied  themselves 
»n  poisoning  the  minds  of  regular  Democrats  against  Mr. 
McGregor  and  his  paper.  In  fact,  the  needy  crew  were  after 
profitable  places  in  Radical  Egypt,  and  wished  to  gain  favor 
by  preventing  the  re-establishment  of  the  paper  under  the 
auspices  of  its  old  editor,  on  the  plea  that  he  was  too  extreme 
in  bin  views,  etc.  Learning  their  scheme,  Mr.  McGregor  as- 
sured the  meeting  that  he  would  issue  a  Stark  County  Demo- 
Tat  the  next  week,  and  every  week  afterward.    It  might  not 


ARCHIBALD  McGEEGOR. 


121 


be  larger  than  his  hand,  hut  it  would  appear,  and  in  time 
become  of  the  usual  size,  and  of  the  usual  tone,  evincing  a 
Tree  press.  This  was  loudly  cheered  by  the  meeting  ;  and  he 
was  as  good  as  his  word,  and  his  paper  has  continued  in  well- 
doing, and  still  ranks  among  the  decided  and  staunch  Demo- 
cratic papers  of  tt  e  State. 

The  morning  after  the  destruction  of  his  property,  Mr. 
McGregor  had  nine  of  the  culprits  arrested  on  criminal  pro- 
cess, and  bound  over  to  the  Common  Pleas  Court,  in  five 
hundred  dollars  each.  The  readiness  with  which  twenty-two 
of  the  leading  Republican  citizens  stepped  forward  and 
bailed  the  burglars  and  destroyers  of  private  property, 
showed  plainly  that  they  indorsed  this  act  of  vandalism. 

By  a  writ  of  habeas  corpus,  the  culprits  were  taken  before 
Probate  Judge  Underhill,  an  old  Radical  Abolitionist,  who 
reduced  the  bail  bond  to  three  hundred  dollars,  and  who 
neglected  to  file  the  proceedings  in  the  Common  Pleas  Court, 
as  required  by  statute. 

After  the  case  had  been  continued  for  several  terms,  it  was 
at  last  called  by  the  prosecuting  attorney,  then  a  Yankee 
Radical,  named  Baldwin.  The  suit  for  damage:}  is  still  pend- 
ing, having  been  continued  for  six  years  !  Thus  have  Radi- 
cal courts  dispensed  justice  and  maintained  the  supremacy 
of  the  law. 

The  usually  quiet  and  law-abiding  citizens  of  Canton  were 
surprised,  on  the  morning  of  Sunday,  October  12,  1862,  to 
lind  their  town  in  possession  of  the  military.  During  the 
night  previous,  the  120th  Regiment  0.  V.,  under  the  com- 
mand of  Lieutenant-Colonel  Speigle,  had  arrived  in  a  special 
train.  These  were  subject  to  the  orders  of  Jacob  Brinker- 
hoif,  then  Chief  Justice  of  the  Supreme  Court  of  Ohio.  In- 
stead of  arresting  by  civil  process,  he  came,  in  propria  persona, 
in  military  hat,  with  his  belt  and  sword,  and  well  provided 
with  arms,  prepared  to  seize  civil,  unresisting  citizens  by  the 
power  of  the  bayonet.  No  wonder  this  "mighty  man  of 
war"  put  on  lofty  military  airs,  and  made  his  grand  entry 
in  kingly  style.    This  military  force  came  from  Camp  Mans 


122 


AMERICAN    B  A  STILE. 


field,  a  camp  for  drafted  men,  then  commanded  by  Charlee 
T.  Sherman,  now  Judge  of  the  U.  S.  District  Court  of  North 
ern  Ohio.  The  soldiers  had  been  led  to  believe  that  the  citi 
sens  of  Canton  were  in  open  revoli,  and  had  fortified  the 
town.  Great  was  their  surprise  to  find  the  place  as  quiet  at 
a  summer  moraine:. 

Quite  a  number  of  the  "  trooly  loil "  were  on  hand,  at  tho 
station,  to  receive  and  welcome  the  troops ;  and  great  was 
their  delight  when  the  military  arrived.  They  waited  upon 
Judge  Brinkerhoff,  each  with  his  proscription  list  of  "  trai- 
tors," whom,  as  good  Christian  neighbors,  these  loyal  worthies 
would  consign  to  imprisonment,  or  a  "  rope  and  halter  "  at 
the  first  lamp-post.  Judge  Brinkerhoff  referred  the  list  to 
Draft  Commissioner  Bierce,  who,  after  due  and  careful  de- 
liberation, returned  the  list,  saying  his  only  duty  was  "  to 
use  the  military  to  arrest  the  drafted  soldiers,"  a  few  of  whom 
had  refused  to  report,  as  per  order.  The  draft  had  taken 
place  on  the  3d  of  October,  and  it  was  important  to  get  the 
drafted  men  to  camp,  before  the  election  on  the  14th  inst. 

The  Lincoln  leaders  well  knew  the  dangers  from  the  draft. 
Judge  Brinkerhoff,  failing  to  get  Commissioner  Bierce  to 
take  the  responsibility,  ordered  the  Deputy  U.  S.  Marshal, 
Anson  Pease,  of  Massillon,  to  arrest  Archibald  McGregor 
and  Peter  N.  Reitzell.  Accordingly,  between  9  and  10  o'clock 
a.m.  on  that  beautiful  Sabbath  morning,  Pease,  with  a  squad 
of  soldiers,  first  arrested  Mr.  Reitzell  in  the  Baptist  church, 
where  he  was  teaching  a  Sabbath-school  class,  and  afterward 
Mr.  McGregor,  in  his  editorial  office. 

On  being  arrested,  Mr.  McGregor  demanded  to  know  his 
authority,  but  the  only  reply  was,  "  No  matter ;  come  right 
along  "  —  and  the  military  compelled  obedience  to  this  man- 
date. Surrounded  by  them,  he  was  marched  across  the  pub- 
lic square  to  Commercial  Hall,  where  he  found  Mr.  Reitzell. 
The  streets  were  crowded  with  citizens,  most  of  whom  wit- 
nessed the  spectacle  in  silence,  but  with  joy,  for  most  were  of 
the  Radical  class,  and  hence  justified  the  infamous  deed.  Onlj 
a  couple  of  Democrats  uttered  an  iudigr.ant  exclamation. 


\ 


ARCHIBALD  McGEEGOR. 


123 


Id  passing  Cassilly  Corner,  Mrs.  Grimes,  an  old  !ady  friend) 
came  to  the  door,  and,  with  the  cheering  tones  of  a  noble 
voice,  said  > 

"  Ah,  Mack,  the  villains  have  got  ye  at  last !  But  don't 
be  cast  down  I " 

McGregor.  "  Kot  a  bit  of  it,  Mother  Grimes  ;  I  've  done 
nothing  I  am  ashamed  of!" 

Mrs.  Grimes.  "  No,  indeed !  shake  that  viper  (the  Mar- 
shal) from  your  arm.    Don't  let  the  villain  touch  you  ! " 

A  few  minutes'  march  brought  them  to  the  hall.  Of  course 
the  news  flew  over  the  country,  and  while  there  was  much 
indignation,  it  took  no  such  shape  as  when  the  loyal  minions 
of  King  George  III.  attempted  the  same  arbitrary  measures 
in  1775.  Well  might  the  sufferers  of  the  Lincoln  tyranny 
exclaim : 

"Oh,  for  the  sword  of  former  time! 
Oh,  for  the  men  who  bore  them  — 
When,  armed  for  right,  lJ*ey  stood  sublime, 
And  tyrants  fled  before  them !  " 

The  alarm  cf  friends,  wives,  and  children,  at  these  unwar- 
ranted and  ruthless  arrests,  can  scarcely  now  be  conceived. 
Nor  can  the  prevailing  terror  of  that  despotic  period  be  fully 
appreciated. 

That  afternoon,  the  two  prisoners  were  marched  with  great 
parade  to  the  station,  and  taken  by  special  train  to  Camp 
Mansfield.  A  large  crowd  of  the  loyal,  old  and  young,  joy- 
fully witnessed  the  spectacle,  and  some  of  the  females  waved 
their  handkerchiefs,  and  gave  chuckling  laughs  as  the 
prisoners  passed  by. 

Arriving  at  the  camp,  they  were  placed  in  the  miserable 
dungeon-room,  in  the  camp  guard-house,  without  sleeping 
conveniences  of  any  kind.  The  intention  was  to  furnish  no 
blankets  for  them;  but  Mr.  McGregor  received  a  call,  by  re- 
quest, from  Colonel  French,  of  the  120th  Kcgimcnt,  who 
ordered  blankets  for  them.  The  next  day,  through  tho 
kindness  of  Colonel  French,  the  prisoners  were  assigned  to  a 
amall  and  open  shanty,  twelve  by  thirteen  feet,  in  which 


124 


AMERICAN  BASTILE. 


they  were  securely  guarded,  and  furnished  with  no  comforts 
The  cold  nights  required  continual  walking  to  keep  up  the 
circulation. 

After  repeated  efforts,  on  the  third  day  the  prisoners 
obtained  an  interview  with  Commandant  Sherman,  when 
something  like  the  following  conversation  ensued: 

McGregor.  "  Colonel  Sherman,  we  are  prisoners  in  your 
camp,  and  we  desire  to  know  of  what  we  are  accused,  and 
who  are  our  accusers." 

Sherman.  "  I  do  not  know:  your  arrest  was  ordered  from 
the  Department  through  Governor  Tod,  and  I  am  merely 
your  custodian." 

McGregor.  "  We  desire  an  immediate  trial  before  a  legal 
tribunal,  but  fear  not  to  appear  before  any,  as  we  have 
been  guilty  of  no  infraction  of  the  laws.  But  really  it  is 
singular  you  cannot  inform  us  of  our  accusers  or  the  charges 
preferred." 

Sherman.  "  "Well,  I  will  write  to  Canton  to  Mr.  Bierce, 
to  try  and  get  the  information.  As  I  told  you,  I  am  merely 
your  custodian,  and  know  nothing  about  your  case  or  a 
trial." 

McGregor.  "  Well,  can  you  not  let  us  go  on  bail  ?  We  can 
furnish  you  any  amount  of  security." 

Sherman.  "  As,  merely  your  custodian,  1  cannot  let  yoo 
out  on  bail.    I  might  give  you  the  privilege  of  the  camp." 

This  favor  Sherman  did  grant,  and  said,  as  they  would 
have  to  remain,  probably,  for  some  time  in  camp,  they  had 
better  get  a  stove  to  make  themselves  comfortable ;  and  if 
they  chose  to  do  their  own  cooking,  they  might  draw  rations. 
At  the  end  of  a  week,  the  prisoners  were  fully  installed  at 
house-keeping ;  two  others,  Daniel  Tuttle,  of  Crawford 
County,  and  Rev.  G.  W.  Ilenning,  of  Stark  County,  having 
been  added  to  their  household.  Mr.  Tuttle  had  been  too 
outspoken,  and  Mr.  Ilenning  had  been  drafted,  and  had  not 
reported. 

The  prisoners  were  in  danger  of  bcii  g  shot  in  their  quarters, 
so  frenzied  and  vindictive  were  those  who  surrounded  them. 


ARCHIBALD  McGREGOR. 


125 


Some  ten  days  after  their  arrest,  the  prisoners  were  in- 
formed by  Judge  Sherman  that  he  had  received  papers  from 
Draft  Commissioner  Bierce,  containing  the  charges.  On 
examination,  they  were  found  to  be  mere  statements  of  three 
loyal  worthies  of  Canton,  two  of  whom  swore  to  the  same 
statement :  Thomas  Lloyd,  an  ex-English  beadle,  and  Louie 

Miller,  of  the  firm  of  Aultman,  Miller  &  Co.,  of  .  The 

other  was  an  insane  man. 

These  were  all  ex-parte  statements,  no  opportunity  having 
been  given  to  cross-examine.  This  farce  was  performed  by 
men  of  the  legr.l  profession,  but  who  could  not  have  had 
much  regard  for  the  "  majesty  of  the  law." 

These  statements  sought  to  give  a  little  color  to  the  charge 
that  the  prisoners  had  endeavored  to  obstruct  the  draft.  Of 
course  they  were  afforded  no  opportunity  to  meet  their  un 
principled  accusers  face  to  face.  This  trio  of  willing  instru- 
ments pretended  to  swear  to  remarks  the  prisoners  had  made 
at  the  meeting  of  drafted  men,  on  October  6,  when  Mr. 
Keitzell,  by  request,  had  addressed  them,  and  when  Mr. 
McGregor,  though  requested,  had  declined  to  do  so.  The 
fact  of  the  prisoners  having  no  trial  whatever,  shows  the  utter 
groundlessness  of  the  charge ;  for  had  the  authorities  been 
able  to  make  out  a  case  against  them,  it  would  undoubtedly 
have  been  done,  or  at  least  attempted. 

There  was  one  other  prisoner  with  them  —  Hon.  L.  W. 
Hall,  of  Bucyrus  —  who  was  allowed  to  board  himself  in  the 
town  of  Mansfield,  and  report  to  Judge  Sherman,  in  camp, 
every  day.  Judge  Hall  was  an  eminent  lawyer,  and  had  re- 
presented his  district  in  Congress,  and  served  as  Common 
rieas  Judge.  Mr.  Hall  died  in  January  of  the  following 
year.  His  arrest  was  for  some  remark,  reported  by  a  Lincoln 
knave. 

On  the  5th  of  November,  Judge  Sherman  called  on  the 
prisoners  with  a  despatch  from  Governor  Tod,  ordering  him 
to  release  them  on  their  taking  the  oath.  After  a  day's  con- 
sultation, and  feeling  convinced  that  no  trial  would  be  given 
them,  they  accepted  the  proposition,  and,  with  the  adv  ce  of 


126 


AMERICAN  BASTILE. 


friends,  took  the  oath.  Judge  Sherman  drew  the  oath  mild, 
merely  requiring  them  to  support  the  Constitution  and  laws, 
together  with  the  orders  of  the  President  in  pursuance  there- 
with. After  spending  in  confinement  twenty-five  "  watchful, 
weary,  tedious  nights,"  they  again  found  themselves  enjoy- 
ing that  freedom  of  which  they  had  been  so  unjustly  deprived. 

The  following  day,  on  arriving  at  the  Canton  depot,  Messrs. 
McGregor  and  Reitzell  were  met  by  a  large  concourse  of 
earnest  friends,  with  a  hand  of  music,  and  accompanied  to  the 
public  square  amid  the  joyful,  ringing  cheers  of  the  crowd. 
The  ladies  who  waved  their  handkerchiefs  were  not  the  same 
who  had  given  such  demonstrations  of  joy  when  they  were 
arrested  and  as  prisoners  were  being  dragged  ruthlessly  from 
their  homes,  a  few  weeks  previous.  Friends  accompanied 
them  to  their  respective  homes,  and,  at  Mr.  McGregor's  resi- 
dence, that  gentleman,  in  a  few  appropriate  remarks,  thanked 
them  cordially  for  the  noble  demonstration,  and  said  that  he 
would  remember  and  cherish  it  as  the  proudest  moment  of 
his  life.  He  had  done  nothing  he  regretted  —  nothing  that 
he  or  his  family  might  blush  for ;  that  he  had  stood  up  for 
liberty,  and  that  he  should  still  continue  to  advocate  truth, 
justice,  and  constitutional  liberty.  He  immediately  relieved 
Mrs.  McGregor  from  the  editorial  charge  of  his  paper;  and 
his  friends,  and  enemies  too,  have  since  continued  to  hear 
from  him  through  the  columns  of  a  free  and  untrammelled 
fre*a. 


JOSEPH  KUGLER. 


JOSEPH  EXJGLER  was  born  in  Hunterdon  County,  New 
Jersey,  in  1805,  and  spent  the  most  of  his  life  there.  lie 
was  a  farmer  by  occupation,  and  had,  through  industry  and 
economy,  accumulated  considerable  property.  He  was  a  de- 
voted Christian,  and  had  for  several  years  prior  to  his  death 
been  an  elder  in  the  Presbyterian  Church.  He  never  sought 
political  preferment.  His  generosity  and  charity,  together 
with  tbe  kindness  and  meekness  of  his  disposition,  endeared 
him  to  all  who  knew  him. 

At  Ihe  breaking  out  of  hostilities  in  1861,  he  was  watched, 
and  often  drawn  into  conversation  by  his  political  opponents, 
who,  knowing  him  to  be  a  firm  and  devoted  Democrat,  hoped 
that  he  might  utter  some  sentiment  which  would  enable 
them  to  procure  his  arrest  and  incarceration. 

On  the  16th  of  August,  1862,  he  was  arrested  at  his  house 
at  Frenchtown,  N.  J.,  by  Deputy  Marshal  Abraham  Harris, 
assisted  by  a  man,  named  Dean,  from  Trenton,  lie  was 
lodged  in  the  jail  at  Mount  Holly,  Burlington  County,  where 
he  remained  for  six  days,  when,  by  the  order  of  Edwin  M. 
Stanton,  Secretary  of  War,  he  was  transferred  to  the  Old 
Capitol  Prison,  Washington,  D.  C. 

His  arrest  was  made  on  the  affidavit  of  S.  33.  Hudnut,  and 
others,  who  certified  that  on  the  8th  of  August,  1862,  he 
had  said:  "Lincoln  had  no  right  to  call  out  seventy-five 
thousand  troops,  without  first  convening  Congress  ;  and  that 
if  the  South  had  her  just  dues  there  would  never  have  been 
a  rebellion  ;  and  that  his  conversation  generally  had  a  tend- 
ency to  discourage  enlistments."  On  ascertaining  the  cause 
of  his  arrest,  his  son  obtained  several  affidavits  from  men  of 
both  parties,  denying  the  above-stated  assertions  of  Hudnut 

127 


128 


AMERICAN  BASTILE. 


and  others.  These  he  placed  in  the  hands  of  Judge  Advocate 
Turner  at  Washington. 

Through  the  influence  of  ex-Governor  Vroom,  of  Trenton, 
Colonel  Murphy,  of  the  10th  New  Jersey  Volunteers,  and 
others,  Mr.  Kugler  was  released  from  confinement,  after  a 
detention  of  eigfht  days,  without  being  required  to  take  the 
oath  of  allegiance. 

He  returned  home,  where  he  peacefully  resided  until  early 
in  1864,  when  he  was  stricken  down  by  sickness,  and  died 
like  a  Christian,  with  his  "  converse  with  heaven  alone." 


HON.  WILLIAM  HEWITT  CARLO*. 


"  Whoso  rewardeth  evil  for  good,  evil  shall  not  depart  from  his  house." 

HON.  WILLIAM  HEWITT  CARLEN"  was  the  son  oi 
the  late  Governor  Carlin,  of  Illinois.  His  father  waa 
a  Kentuckian,  his  mother  a  Georgian.  Mr.  Carlin  was  born 
April  20,  1816,  in  Madison  County,  Hlinois,  and  spent  his 
life  on  the  banks  of  the  Mississippi  River. 

He  was  educated  in  Jacksonville,  Illinois,  and  was  a  good 
scholar,  of  a  highly  cultivated  taste.  He  commenced  the 
practice  of  law  under  the  Hon.  J.  N.  Morris,  formerly  a  dis- 
tinguished Democratic  member  of  Congress,  of  Illinois,  and 
a  particular  friend  of  the  late  Hon.  Stephen  A.  Douglas. 

He  was  elected  to  the  Senate  of  the  State  of  Illinois,  and 
served  the  people  with  ability  for  five  years.  He  was  post- 
master at  Quincy,  under  President  Buchanan ;  and  had  been 
Clerk  of  the  Circuit  Court  of  Greene  County,  Illinois.  Such 
were  the  ancestry  and  public  career  of  Mr.  Carlin  in  the  re- 
spective communities  where  he  was  born,  raised,  educated, 
and  honored  by  the  people. 

Mr.  Carlin  was  intimately  acquainted  with  Abraham  Lin- 
coln ;  had  always  treated  him  with  the  greatest  kindness, 
and  was  his  friend,  when  Lincoln  needed  friends.  Between 
himself  and  Lincoln  there  was  great  disparity  in  every  respect. 
In  ancestry,  Carlin  was  the  son  of  the  Governor  of  the  State  ; 
Lincoln  was  of  obscure  origin.  Carlin  was  a  scholar  ;  Lin- 
coln understood  no  language.  Carlin  was  courteous,  kind, 
and  polished  ;  Lincoln  was  uncouth,  dogmatical,  and  vulgar. 

On  the  15th  day  of  May,  1863,  while  over  the  Missouri 
River,  in  West  Quincy,  Mr.  Carlin  was  arrested  by  a  gang  of 

8  129 


130 


AMERICAN  BASTILE. 


that  untamable  rabble  known  as  the  Missouri  Militia,  thau 
whom  no  greater  outlaws  were  ever  intrusted  with  a  human 
being  as  prisoner.  He  was  carried  to  Palmyra,  taunted,  tor- 
tured, and  threatened  with  death  by  these  vagabond  merce- 
naries, who  robbed  him  of  his  arms,  worth  about  fifty  dollars, 
and  other  valuables  on  nis  person.  His  only  crime  was  his 
manly  defence  of  liberty,  when  there  was  scarcely  a  friend 
left  to  do  it  homage.  He  was  imprisoned  in  McDowell's  Col- 
lege, and  subjected  to  the  most  rigorous  treatment,  although 
Colonel  James  0.  Broadhead,  the  Provost-Marshal,  had  been 
his  intimate  friend.  The  following  correspondence  will  ex- 
hibit this,  as  a  sample  of  arbitrary  power  and  the  instru- 
ments employed  to  enforce  it : 

"  Colonel  Broadhead  : 

"  Sir :  As  all  my  efforts  to  communicate  with  you  personally 
have  failed,  permit  me  to  occupy  your  attention  for  a  moment, 
with  this  note.  I  have  been  a  prisoner  since  the  15th  of  May, 
and  to-day  do  not  know  for  what  I  was  arrested,  or  upon  what 
charge  I  am  now  held.  All  communications  for  this  information 
remain  unanswered.  Under  these  circumstances,  I  am  tendered 
a  'release  from  my  present  arrest'  upon  condition  that  I  take  an 
oath  of  allegiance.  If  I  should  take  that  oath,  it  would  certainly 
imply  two  things : 

4<  First.  A  plea  of  guilty  to  an  unknown  charge. 

"  Secondly.  An  admission  on  my  part,  that  I  had  already  for- 
feited my  allegiance  to  the  Government. 

u  Truth  and  self-respect  forbid  any  such  concessions.  "Would 
it  not  be  reasonable  to  furnish  me  with  a  copy  of  the  charges, 
give  me  time  to  take  testimony,  or  procure  witnesses  and  prepare 
a  defence?  Holding  me  thus  in  ignorance  and  suspense  is  ruin- 
ous. My  business,  my  family,  and  my  health  (now  seriously 
impaired)  are  all  neglected.  Under  these  circumstances,  may  T 
not  hope  for  a  definite  answer?  W.  H.  Carlin." 

The  following  luminous  epistle  will  sound  strange  in  the 
ears  of  a  well-educated  American  lawyer : 

14  Ever)-  government  reserves  to  itself  the  right  of  requiring, 
through  its  proper  authorities,  the  renewal  of  the  obligations  of 


WILLIAM    HEWITT  CASLIN. 


131 


allegiance,  which  rests  upon  every  citizen,  and  it  is  no  impeach- 
ment of  his  loyalty  that  he  should  be  required  to  do  so. 

Jas.  O.  Broadhead. 

Pro.  Mar.  Gen." 

"Headquarters  Department  or  the  Missouri, 
Office  Provost  Marshal  General, 
St.  Louis,  June  17,  1863. 

"  PAROLE. 

"1,  W.  H.  Carlin,  of  Adams  County,  Illinois,  do  hereby  promiso, 
upon  my  word  of  honor,  that  I  will  remain  within  the  limits  of 
the  city  of  St.  Louis,  Missouri,  until  further  orders  from  the 
Provost  Marshal  General,  pending  the  examination  of  my  case, 
and  that  I  will  report  in  person  to  said  Provost  Marshal  General 
tri-weekly,  until  further  orders.  W.  H.  Carlin.'* 

"On  the  above  parole,  said  Carlin  has  been  this  day  released 
as  above.  Jas.  O.  Broadhead, 

Lieut.-Col.  and  Provost  Marshal  General. 
"James  F.  Dwight,  Capt.,  and  Assist.  Insp.  General, 
Department  of  the  Missouri." 

"Headquarters  Department  of  the  Missouri, 
Office  Provost  Marshal  General, 
St.  Louis,  July  7,  1863. 

"The  within  parole  of  W.  H.  Carlin,  of  Adams  County,  UK 
nois,  is  hereby  modified,  and  extended  so  as  to  permit  him  to 
go  to  the  State  of  Illinois,  and  the  State  of  Missouri,  and  to  re- 
side in  either  State,  and  report  weekly  by  letter  to  this  office. 

Jas.  O.  Broadhead, 
Lieut.-Col.  and  Pro.  Marshal  General, 
Department  of  the  Mo." 

"Headquarters  Department  op  the  Missouri, 
Office  Provost  Marshal  General, 
St.  Louis,  June  20,  1863. 

"  PAROLE. 

"  I,  W.  H.  Carlin,  of  Adams  County,  Illinois,  in  consideration 
of  being  permitted  to  go  to  Quincy,  Illinois,  for  one  week  from 
this  date,  do  hereby  promise,  upon  my  word  of  honor,  that  I 
will  return  to  the  city  of  St.  Louis,  Missouri,  and  will  report 


132 


AMERICAN  BASTILE. 


in  person  to  the  Provost  Marshal  General,  Department  of  th« 
Missouri,  at  the  expiration  of  that  time,  and  will  hold  no  com- 
munication with  any  disloyal  persons.  W.  H.  Carlin. 

"Witness:  Edward  Spahr,  Clerk,  office  of  the  Provost  Marshal 
General,  Department  of  the  Missouri. 
"Keported  back,  June  27,  1863. 

Edward  Spahr,  Clerk." 

"Headquarters  Department  op  the  Missouri, 
Office  of  the  Provost  Marshal  General, 
St.  Louis,  June  20,  1863. 

"  Special  Order,  No.  22. 
*  IV.  The  parole  of  W.  H.  Carlin,  of  Adams  County,  Illinois, 
is  hereby  extended  so  as  to  permit  him  to  go  to  Quincy,  Illinois, 
for  one  week,  at  the  expiration  of  which  time  he  will  report  back 
to  this  office. 

"By  command  of  Major-General  Schofield. 

Jas.  O.  Broadhead, 
Provost  Marshal  General/* 

"Headquarters  Department  of  the  Missouri, 
Office  Provost  Marshal  General, 
St.  Louis,  July  7,  1863. 

"  Special  Orders,  No.  32. 
"VII.  The  parole  of  W.  H.  Carlin,  of  Adams  County,  Illinois, 
is  hereby  modified  and  extended  so  as  to  permit  said  Carlin  to 
reside  in  the  State  of  Illinois,  or  in  the  State  of  Missouri,  and  to 
report  weekly  by  letter  to  this  office. 

"  By  command  of  Major-General  Schofield. 

Jas.  O.  Broadhead, 
Lieut.-Col.  and  Provost  Marshal  General/' 

"Headquarters  Department  of  the  Missouri, 
Office  Provost  Marshal  General, 
St.  Louis,  August  18,  1863. 
••The  parole  of  W.  H.  Carlin  is  hereby  extended  so  as  to  in- 
clude the  State  of  Iowa.  Jas.  O.  Broadhead, 

Lieut.-Col.  and  Provost  Marshal  General, 
Department  of  the  Missouri." 


WILLIAM    HEWITT  CAELIN. 


133 


No  charges  were  ever  preferred  against  Mr.  Carlin,  aud 
through  the  brutal  treatment  to  which  he  was  exposed,  he 
died,  and  died  without  a  release  from  his  parole.  The  Gov- 
ernment of  Russia,  Austria,  or  China  has  never  exceeded  the 
crimes  which  led  to  the  death  of  Senator  Carlin. 

His  mind  was  utterly  impaired  by  his  imprisonment ;  until 
the  day  of  his  death  he  never  recovered.  At  Chicago,  in  1864, 
during  the  Convention,  he  became  exerted,  and  all  the  outrages 
which  had  been  inflicted  upon  him  recurred  to  his  mind  in 
their  most  offensive  form.  He  became  more  and  more  in- 
flamed until  his  death.  He  was  attacked  on  Friday  morning 
with  general  congestion,  and  died  Saturday  evening,  about 
four  o'clock.  His  suffering  in  prison  was  more  intensified 
and  aggravated  by  the  following  facts : 

1st  He  was  the  personal  friend  of  Lincoln,  though  hi* 
political  enemy. 

2d.  There  were  no  charges  against  him. 

3d.  His  Republican  creditors  bankrupted  him  while  in 
prison,  and  left  his  helpless  family  in  destitution. 


HON.  CHARLES  INGERSOLL,  AND  EDWARD 
INGERSOLL,  ESQ. 

ON  the  13th  of  April,  1865,  on  the  occasioD  of  the  celebra- 
tion of  Jefferson's  birthday,  in  the  city  of  New  York, 
Mr.  Edward  Ingersoll,  in  answer  to  a  toast  deprecating  the 
enormous  Federal  indebtedness,  with  which  the  war  had 
overwhelmed  the  country,  advocated  the  doctrine  of  State 
Rights  as  the  only  real  basis  of  our  Federal  Union,  or  upon 
which,  in  the  nature  of  things,  our  Union  could  permanently 
rest.  Mr.  Ingersoll  also  argued  that  if  this  overwhelming 
debt  was  revolutionary,  either  in  its  purpose  or  in  its  effect, 
if  it  had  been  created  either  in  express  disregard  of  the  pro- 
visions of  our  written  Constitution  of  Government,  or  still 
more,  if  it  had  been  created  with  the  design  of  overthrowing 
our  liberties  and  system  of  laws,  the  people,  who  were  in- 
terested in  protecting  their  wise  system  of  free  government, 
were  certainly  not  bound  to  recognize  as  honest  the  obliga- 
tions of  such  a  debt ;  that  no  sense  of  national  honor,  how- 
ever refined  or  impracticably  delicate,  could  call  upon  a  people 
who  loved  their  institutions,  and  were  willing  to  defend  them, 
to  pay  a  debt  created  in  the  teeth  of  the  express  provisions 
of  their  Constitution  of  Government ;  and  the  certain  poli- 
tical result  of  the  permanent  establishment  of  which  debt 
must  be  to  render  that  Constitution  of  Government  irre- 
coverably and  forever  impossible.  Whether  there  was  truth 
and  logic  in  this  proposition  that  struck  hard  at  the  money 
powers  of  the  country,  who  for  some  years  past  had  been 
allowing  themselves  to  be  made  the  tools  of  political  Aboli- 
tionism, we  cannot  say,  but  certain  it  is  that  Mr.  Edward 
Ingersoll,  a  Philadelphia  lawyer  and  a  respectable  citizen, 
who  had  heretofore  been  but  little  before  the  public,  wai 

134 


OHAKLES    AND    EDWARD    INGERSOLI  135 


thought  worthy  of  the  fiercest  newspaper  denunciation  and 
assault.  President  Lincoln's  assassination  on  the  night  of 
Good  Friday,  April  14th,  had  aroused  the  people,  as  well  as 
the  madmen  who  had  heen  for  some  years  misgoverning  the 
country,  to  a  sense  of  solemnity,  at  least.  Several  of  the 
partisan  presses  of  Philadelphia  were  untiring  in  their  efforts 
to  excite  against  Mr.  Ingersoli  some  mode  of  personal  attack. 
A  well-known  member  of  the  Union  League  assured  a  friend, 
that,  to  his  knowledge,  nothing  had  prevented  Mr.  Ingersoli 's 
house  being  burned,  but  the  fact  that  he  occupied  a  rented 
one,  and  which  belonged  to  a  loyal  man.  Mr.  Ingersoli  was 
threatened,  by  an  official  communication  from  the  United 
States  District  Attorney  of  Philadelphia,  with  prosecution 
for  treason,  for  some  of  the  sentiments  of  the  "New  York 
speech.  He  was  notified  by  the  president  of  the  bank  where 
he  had  for  many  years  deposited  his  money,  to  withdraw  his 
account,  as  a  person  unworthy  of  even  such  exalted  pecu- 
niary relationship.  So  indignant  was  the  exhibition  of  feel- 
ing on  the  part  of  the  money  powers  against  what  Mr.  In- 
gersoli thought  to  be  the  fair  defence  of  a  free  citizen  in  behalf 
of  the  institutions  of  his  country,  that  these  facts,  together 
with  the  receipt  of  anonymous  threatening  letters,  induced 
him  (most  fortunately  as  it  proved)  to  provide  himself  with 
a  pocket  pistol,  to  meet  the  event  of  unavoidable  necessity, 
should  it  occur. 

On  the  morning  of  April  27th,  on  entering  the  cars  as 
usual,  in  coming  to  his  place  of  business,  from  his  residence 
in  the  neighborhood  of  the  city,  Mr.  Ingersoli  was  assailed 
by  the  cry  of  "  Traitor  "  from  an  adjoining  car,  and  found 
himself  the  object  of  considerable  observation.  Nothing 
further  was  said  or  done,  however,  till,  on  stepping  from  the 
cars  when  the  train  had  arrived  at  the  depot,  a  man  was  ob- 
served calling  to  some  persons  to  follow,  and  saying,  pointing 
to  Mr.  Ingersoli,  "  There  he  goes."  Mr.  Ingersoli  walked  to 
the  corner  close  by,  to  wait  for  the  street  car.  While  there, 
the  assailant,  with  his  backers,  came  up,  and  after  some  in- 
solent demand,  which  was  promptly  and  fitly  replied  to,  an 


136 


AMERICAN  BASTILE. 


attack  was  made  upon  him,  led  on,  as  tie  subsequently  learned, 
by  a  little  Captain  of  volunteers,  the  son  of  a  Yankee  Ger- 
mantown  schoolmaster,  the  father  being  also  in  the  assault- 
ing crowd.  Mr.  Ingersoll  defended  himself  as  well  as  ho 
could,  till,  overwhelmed  by  odds,  and  his  cane  breaking  in  his 
band,  he  retreated  a  few  yards,  and  drawing  his  pistol  from 
Qis  pocket,  cocked  it  promptly  in  the  face  of  his  assailants. 
The  effect  was  magical.  The  assailants  with  unanimity,  Cap- 
tain and  all,  retreated  with  such  precipitancy  as  to  endanger 
their  limbs  ;  some  of  them  actually  falling  in  the  street. 
There  could  be  no  popular  sentiment  against  anything  that 
Mr.  Ingersoll  had  said  or  done.  There  was  none,  nor  any 
mob  in  any  bold  sense  of  the  word.  The  battle  was  over, 
and  Mr.  Ingersoll  would  have  ridden  down  to  his  place  of 
business  in  the  street  cars,  as  usual.  Here,  however,  the  city 
government,  whose  duty  it  is  to  protect  good  citizens,  and 
repress  evil-doers,  stepped  in. 

Mr.  Ingersoll  was  seized  by,  first,  one  policeman,  then  two, 
to  whom  he,  of  course,  offered  no  resistance.  He  was  carried 
through  the  streets  for  several  squares,  followed  by  a  gaping 
crowd  of  girls  and  boys,  who  gather  promptly  to  a  street 
scene.  Taken  to  a  station-house,  a  police  magistrate  was 
sent  for,  and  then,  after  a  mock  examination,  at  which  the 
Captain  who  had  led  the  assailants  had  the  impudence  to 
appear  and  give  his  testimony,  the  prisoner  was  committed, 
in  default  of  $2,000  bail,  "/or  assault  and  battery  with  intent 
to  kill,  and  carrying  concealed  deadly  weapons"  After  being 
much  jeered  and  insulted  by  the  numerous  body  of  police- 
men who  frequented  the  station-house,  the  prisoner  was 
locked  in  a  cell,  and  there  kept  during  the  remainder  of  the 
day  ;  bail  having  been  refused  on  the  ground  that  the  au- 
thorities at  Washington  had  been  written  to,  and  a  charge 
of  high  treason  was  to  be  preferred  against  him. 

In  the  mean  time,  in  the  afternoon  of  that  day,  Mr.  Charles 
Ingersoll,  a  brother  of  the  prisoner,  who  was  approaching 
the  station-house  in  a  carriage  to  visit  his  brother,  with  a 
view  to  legal  arrangements  for  his  release,  was,  immediately 


CHARLES    AND    EDWARD    INGERSOLL.  137 


in  front  of  the  station-house,  assaulted  and  most  violently 
and  brutally  beaten.  A  night  watchman  at  the  Custom 
House,  a  hired  bully  of  the  town,  was  one  of  the  immediate 
assailants.  There  was  at  the  time  within  and  immediately 
in  front  of  the  station-house,  a  very  large  force  of  police. 
No  arrests  were  made,  nor  any  effort  of  the  sort.  Indeed, 
when  Mr.  Ingersoll  got  into  the  house,  wounded  and  bleed- 
ing as  he  was,  the  plain,  though  mutually  expressed  senti- 
ment of  the  numerous  surrounding  policemen  was,  that  it 
was  "  a  good  thing  "  "  well  done."  Mr.  Ingersoll  presented 
a  terrible  spectacle,  and  for  several  days  much  apprehension 
was  entertained  for  the  safety  of  his  life. 

Hon.  Charles  Ingersoll  is  a  citizen  of  Philadelphia,  not 
only  of  the  highest  respectability  and  character,  but  has  been 
prominently  before  the  political  public  as  a  Democrat.  Dur- 
ing the  early  years  of  the  war,  when  Mr.  President  Lincoln 
and  his  minions  first  boldly  undertook  to  disregard  the  law 
and  the  rights  of  citizens,  Mr.  Ingersoll  had  been  arrested 
by  orders  from  Washington  for  his  bold  use  of  "  free  speech  " 
in  opposing  the  madness  of  the  hour.  He  was  at  that  time 
discharged  on  habeas  corpus  by  the  Federal  District  Judge. 

On  the  evening  of  April  27,  Mr.  Edward  Ingersoll  was 
carried  to  prison,  and  there  confined  until  the  next  day,  when 
he  was  discharged  on  bail.  During  his  transit  to  prison,  tho 
policeman  who  conducted  him  kept  up,  most  anxiously,  the 
same  feigned  apprehension  of  alarm  from  popular  excitement 
against  the  prisoner.  The  idea  was  sedulously  given  out  that 
but  for  the  invaluable  police  force,  the  life  of  the  citizen  would 
be  unsafe.  The  truth  was,  that  but  for  these  rascally  authori- 
ties, who  were  fomenting  outrages  against  respectable  citizens  of 
certain  political  sentiments,  there  was  then  no  element  what- 
ever of  public  violence  in  the  streets  of  Philadelphia. 

On  the  5th  of  May,  resolutions  were  introduced  into  each 
branch  of  the  City  Councils,  proposing  an  inquiry  into  the 
conduct  of  the  police  on  the  occasion  of  the  assault  upon  Mr. 
Charles  Ingersoll,  and  instructing  the  Mayor  to  offer  a  reward 
of  five  hundred  dollars  for  the  arrest  and  conviction  of  the 


138 


AMERICAN  BASTILE. 


assailants.  After  considerable  debate,  the  resolutions,  in  both 
chambers,  were  rejected  by  an  overwhelming  and  strict  party 
vote. 

The  President  of  the  Select  Council,  in  giving  his  vote 
against  the  resolutions,  said :  "  The  action  of  the  Chamber 
should  be  placed  on  one  single  ground. 

"  It  is  not  the  business  of  loyal  men  to  go  out  of  their  way 
to  save  disloyal  men  from  the  consequences  of  their  conduct." 

"A  poor  negro  was  in  court  yesterday,"  said  another  of 
the  members,  "  complaining  that  he  had  been  badly  beaten. 
Why  not  offer  a  reward  of  five  hundred  dollars  for  his  assail- 
ant, for  he  is  far  more  entitled  to  respect  than  such  a  man  aa 
Charles  Ingersoll." 


Eng'V  John  AO"Neill.New"iSik 


HOK  JAMES  W.  WALL. 


HOK  JAMES  W.  WALL,  of  New  Jersey,  was  arrested 
on  the  11th  day  of  September,  1861.  The  circum- 
stances of  the  arrest  were  as  follows:  —  He  was  about  sit- 
ting down  at  his  dinner-table,  when  a  servant  announced 
that  a  Mr.  Thomas,  with  whom  he  had  some  business  trans- 
actions, desired  to  see  him  at  once  in  his  office.  All  uncon- 
scious of  harm,  he  proceeded  to  his  office,  and  there,  instead 
of  Mr.  Thomas,  found  the  United  States  Marshal  for  the  Dis- 
trict of  New  Jersey,  Benajah  Deacon,  and  the  Mayor  of  the 
City  of  Burlington.  The  Marshal  informed  him,  on  entering, 
"  that  he  had  a  warrant  for  his  arrest."  He  asked  him  "  at 
whose  suit?"  The  Marshal  replied:  "At  the  suit  of  the 
Government."  Mr.  Wall  at  once  responded :  "  I  do  not  owe 
the  Government  anything,  I  believe ;  but,  however,  let  me 
look  at  your  warrant."  He  immediately  handed  him  a  copy 
of  a  telegram,  in  these  words: 

"To  Benajah  Deacon,  Esq.,  Marshal. 

"You  are  hereby  commanded  to  arrest  James  W.  Wall,  of  the 
city  of  Burlington,  and  convey  him  to  Fort  Lafayette,  New  York 
Harbor,  forthwith. 

"  By  order  of  the  Secretary  of  War 

"Dated  September  11,  1861." 

Upon  reading  this  most  curious  document,  he  asked  him 
how  he  received  it,  and  the  reply  was,  by  telegraph.  Mr. 
Wall  said,  "  The  Government  is  rather  expeditious.  How- 
ever, I  demand  to  know  the  nature  of  the  accusation,  and  to 
see  the  copy  of  the  affidavit  upon  which  this  winged  warrant 
is  based  ? "  To  these  interrogations  the  Marshal  replied :  "  I 
know  nothing  of  either."    Mr.  Wall  further  asked:  "Is 

139 


140 


AMERICAN  BASTILE. 


Simon  Cameron,  who  now  claims  to  be  Secretary  of  War,  a 
judicial  officer?"  To  all  this  the  Marshal's  reply  was  the 
same  as  before :  "I  know  nothing  about  all  this,"  adding, 
"  nor  is  it  my  business  to  know."  Mr.  Wall  quickly  responded: 
"  It  is  your  business,  sir  ;  you  have  entered  my  house  against 
my  will,  without  legal  authority,  and  if  you  were  to  attempt 
force  to  execute  that  order  you  hold  in  your  hand,  and  I  was 
to  kill  you  in  the  act,  I  would  stand  perfectly  justified  in  the 
eye  of  the  law ;  and  I  now  inform  you,  that  I  shall  decline 
accompanying  you  as  your  prisoner,  and  if  you  attempt  to 
coerce  me,  you  will  do  so  at  your  peril."  He  very  quickly 
replied  :  "  Oh  !  I  know  you,  and  have  not  come  unprepared ; 
see  there ! "  opening,  as  he  said  so,  a  Venetian  blind,  that 
screened  the  window  looking  into  the  back  yard.  He  looked, 
and  there  saw  some  five  men,  who,  the  Marshal  said,  were 
his  deputies  to  aid  him  in  the  arrest.  Mr.  Wall  sprang  upon 
him  at  once,  seized  him  by  the  throat,  and,  hurling  him 
nearly  across  the  room,  made  for  the  interior  of  the  house, 
and  when  just  at  the  turn  of  his  main  staircase,  the  front 
door  was  burst  violently  open,  and  four  more  ruffians  made 
their  appearance,  the  five  in  the  rear  yard  closing  rapidly  on 
him.  He  struck  one  of  the  men  in  front,  knocking  him 
down,  when  he  was  assaulted  by  four  or  five.  In  the  strug- 
gle he  had  the  bosom  of  his  shirt  torn  out  and  the  sleeve 
entirely  off.  Without  a  hat,  he  was  forced  violently  upon 
the  pavement,  and  by  main  force,  though  resisting  most  of 
the  way,  was  carried  to  Belder's  Hotel.  His  family  were 
compelled  to  witness  this  outrage  without  being  able  to  ren- 
der him  any  assistance,  except  in  bitter  remonstrances  against 
the  outrage,  and  of  course  were  very  much  terrified  and 
alarmed.  Mr.  Wall  was  at  Belder's  Hotel  but  a  few  minutes 
before  the  train  arrived  from  Philadelphia ;  but  during  that 
time,  the  Marshal,  observing  a  gathering  outside,  and  appre- 
hending a  rescue,  remarked :  "It  will  do  no  good  to  rescue  you; 
as  T  have  orders  to  call  for  one  of  the  regiments  in  that  event,  now 
in  Trenton,  and  execute  the  -process"  There  was  no  attempt 
at  rescue,  nor  was  there  any  time,  for  it  was  not  more  than 


JAMES    W.  WaLL. 


141 


five  minutes  after  his  arrival  at  the  hotel  before  the  train 
came. 

He  was  then  taken,  accompanied  by  the  Marshal  and  some 
seven  of  his  deputies,  and  handed  over  to  the  custody  of 
Colonel  Burke,  then  commanding  at  Fort  Hamilton,  and  by 
him  transferred  to  the  custody  of  Lieutenant  Wood,  at  Fort 
Lafayette,  in  New  York  Harbor.  Here  he  remained  a  close 
prisoner  until  the  24th  day  of  September  of  the  same  year ; 
when  he  was  released  by  order  of  Wm.  H.  Seward,  Secretary 
of  State.  Mr.  Wall  was  confined  in  cell  ~No.  3,  in  that  For- 
tress. It  was  an  arched  casemate  with  a  brick  floor,  and 
lighted  with  two  narrow  barred  windows.  This  cell  was 
some  fifteen  feet  in  width  by  twenty  in  depth,  and  at  the 
time  of  his  incarceration  contained  some  twenty  prisoners.  It 
was  exceedingly  damp,  so  much  so  that  the  moisture  ran 
down  the  walls,  saturating  the  bedding.  Several  of  the 
prisoners,  and  himself  among  the  rest,  in  consequence  suffered 
from  severe  attacks  of  rheumatism.  During  the  day,  the 
prisoners  had  the  range  of  the  Fort,  upon  obtaining  permis- 
sion from  the  guards.  In  the  evening  at  five  o'clock  they  were 
locked  in  their  cells,  and  not  released  until  early  in  the  morn 
ing.  There  were  no  conveniences  of  course  for  washing,  and 
all  that  had  to  be  done  outside,, with  fetid  water  taken  from 
a  cistern  containing  the  foulest  of  wells  ;  indeed,  for  the  first 
week,  the  water  from  the  cistern  was  the  only  water  that 
they  had  to  drink,  and  several  in  consequence  suffered  from 
dysentery.  Those  of  the  prisoners  who  had  money  were 
permitted  to  form  a  mess,  employing  the  steward  of  the  Fort 
to  furnish  two  meals  a  day ;  but  those  who  had  no  means, 
were  compelled  to  partake  with  the  soldiers  of  the  garrison, 
of  their  rough  and  scanty  fair. 

Their  correspondence  was  submitted  to  the  most  rigid 
surveillance  of  the  commander  of  the  post,  and  all  letters  con- 
taining applications  for  release,  or  the  employment  of  counsel, 
were  returned  to  them,  with  a  statement  that  by  orders  of  the 
"  Government  "  no  such  letters  were  allowed  to  pass  out  the  Fort. 
Lieutenant  Wood  himself  exhausted  his  ingenuity  in  devising 


142 


AMERICAN  BASTILE. 


ways  and  means  to  annoy  and  irritate  the  prisoners,  by  the 
exercise  of  every  species  of  petty  tyranny.  This  man  had 
formerly  been  a  railroad  conductor,  and  was  rewarded  by 
Lincoln  with  a  commission  in  the  army,  on  account  of  hip 
services  in  carrying  him  safely  from  Harrisburg,  at  the  timo 
he  went  secretly  to  Washington,  disguised  in  a  Scotch  cloak 
and  military  cap.  At  the  time  of  Mr.  Wall's  confinement, 
there  must  have  been  over  four  hundred  prisoners  in  the  Fort. 
Some  were  blockade-runners,  some  were  prisoners  of  war; 
but  the  greater  part  were  prisoners  of  state,  most  of  them 
from  the  Border  States.  The  members  of  the  Maryland  Le» 
gislature  only  arrived  the  evening  before  he  left,  a  new  case- 
mate having  been  opened  for  their  accommodation. 

He  never  to  this  day,  has  been  able  to  ascertain  the  grounds 
of  his  arrest.  He  had  been  very  active  in  denouncing  the 
war  and  the  constitutional  violations  of  the  rights  of  the 
citizen;  and  had  for  three  months  previously  written  the 
principal  editorials  of  the  New  York  "  Daily  News."  He  had 
also  addressed  a  letter,  which  was  published,  to  Montgomery 
P.  Blair,  then  Postmaster  General,  denouncing  severely  the 
interference  with  the  liberty  of  the  press  by  that  Depart- 
ment, in  which,  among  other  things,  he  said : 

"  Your  recent  high-handed  unconstitutional  act  in  preventing 
certain  newspapers  from  being  circulated  through  the  mails,  ^ill 
meet,  as  it  deserves,  the  indignant  protest  of  every  freeman.  If 
the  proscribed  papers  have  reflected  severely  upon  this  tjrranni 
cal  Administration,  they  had  a  perfect  right  so  to  do  in  a  re- 
public, where  it  has  been  our  most  cherished  boast  that  the 
acts  of  our  rulers  were  open  to  the  freest  scrutiny.  In  fact,  the 
right  of  examining  the  character  of  our  public  servants,  and 
commenting  freely  upon  their  public  conduct,  is  the  sentinel 
standing  at  the  door,  and  guarding  every  other  right.  If  the 
people  relinquish  this,  they  deserve  to  be  slaves  

u  Our  fathers  were  intimate  friends,  and  although  your  father 
to-day  belongs  to  the  Republican  party,  I  cannot  believe  that  he 
indorses  the  recent  arbitrary  acts  of  your  Department;  or  else 
he  must  prove  recreant  to  the  doctrine  he  proclaimed  years  ago 


JAMES    W.  WALL. 


143 


In  the  1  Globe,'  of  which  he  was,  at  the  time,  the  editor.  In 
that  able  and  influential  journal,  in  speaking  of  the  attempt 
made  to  pass  a  bill  through  the  Senate,  preventing  the  interfer- 
ence of  Federal  officers  in  elections,  against  which  my  father 
had  made  a  report  in  his  place  in  the  Senate,  as  Chairman  of  the 
Judiciary  Committee,  he  once  said:  '  Under  no  possible  circum- 
stances, not  even  in  insurrection,  or  amid  the  throes  of  civil  war,  could 
the  Government  justify  official  interference  with  the  freedom  of  speech, 
or  of  the  press,  any  more  than  with  the  freedom  of  the  ballot.  Tht 
licentiousness  of  the  tongue  or  the  pen  is  a  minor  evil,  compared  with 
the  licentiousness  of  arbitrary  power.'  Little  could  he  have  then 
supposed  that  one  of  his  own  sons  would  lend  himself  to  carry 
out  an  arbitrary  edict,  that  prostrated  this  boasted  freedom  at  a 
blow.    Yet  he  has  lived  to  see  it. 

"You  have  assumed  to  dictate  to  me  what  political  papers  I 
may  receive.  "Where  do  you  derive  that  right  ?  You  have  just 
as  much  right  to  say  what  religious  journals  I  may  receive.  I 
am  in  favor  of  peace  ;  I  have  a  right  to  be  for  a  cessation  of  this 
most  cruel,  unnatural  war,  for  an  appeal  from  the  acts  of  this  ty- 
rannical  Government  to  the  people,  an  appeal  from  'Philip  drunk 
to  Philip  sober.'  I  will  work  for  it,  write  for  it,  pray  for  it,  do 
anything  but  fight  for  it,  in  defiance  of  all  the  imperial  ukases 
that  may  be  issued  from  Washington.  If  this  war  must  go  on, 
let  it  be  waged  within  the  limits  of  the  Constitution.  "Wage  it 
against  the  enemy  south  of  the  Potomac,  and  not  against  peace- 
loving  citizens  of  the  North,  whose  only  crime  consists  in  loving 
the  old  Constitution  so  well,  that  they  cannot  possess  their  souls 
in  patience  when  they  behold  the  far-famed  higher  laws  of  the 
infamous  Seward  substituted  in  its  place/' 

He  also,  in  a  public  speech  denunciatory  of  the  war,  declared : 

"The  war  had  a  fourfold  object.  First,  power;  second,  plun- 
der; third,  negro  equality;  and  fourth,  Southern  subjugation. 
They  have  already  taken  two  sides  of  this  quadrilateral ;  and  let 
them  triumph,  and  they  will  take  the  other  two;  and  the  rights 
of  the  States  and  constitutional  liberty  will  find  their  graves, 
from  which  there  shall  be  no  resurrection." 

Hh  zeal,  activity,  and  earnestness  brought  down  upon  him 


144 


AMERICAN  BASTILE. 


the  intense  hatred  of  the  lying  Abolitionists  of  the  city  of 
Burlington.  The  Mayor  of  the  city,  Wm.  R.  Allen,  and 
Jacob  Lawmaster,  the  Postmaster,  despatched  a  letter  to 
"Washington,  declaring  that  he  was  a  dangerous  person,  and 
the  order  came  in  response  over  the  telegraphic  wires,  such 
as  we  have  given  above.  "  Those  were  times,"  as  Mr.  Wall 
said  afterward  in  the  U.  S.  Senate,  on  the  Indemnity  Bill, 
"  when  the  post-offices  had  become  each  like  the  lion's  mouth 
at  Venice,  where  the  secret  and  dastardly  informer  might 
lodge  his  lying  accusation,  and  from  a  tribunal  as  inexor- 
able as  the  far-famed  Council  of  Ten,  would  come  as  swift 
and  as  sure  over  the  telegraphic  wires,  the  mandate  that  con- 
signed the  unsuspecting  citizen  to  some  military  dungeon  of 
the  republic  —  it  might  be  Fort  Warren,  it  might  be  Fort 
Lafayette." 

On  his  return  home  from  his  imprisonment ,  Mr.  Wall  was 
honored  with  a  public  ovation  by  the  citizens  of  his  town, 
which  is  thus  described  in  the  journals  of  his  county : 

"  The  release  of  Colonel  Wall  from  Fort  Lafayette,  and  his 
reception  on  Friday  night,  when  he  returned  to  his  family,  his 
home,  and  numerous  friends,  produced  a  rejoicing  exceeding  any- 
thing ever  before  known  in  that  city.  Notwithstanding  the  dis- 
appointment of  a  large  number  of  people  who  had  assembled  at 
Mount  Holly  to  come  in  by  railroad,  and  the  severity  of  a  heavy 
storm  of  wind  and  rain,  which  made  it  impossible  for  hundreds 
of  others  to  leave  Beverly,  Bancocas,  Jacksonville,  and  other 
villages  in  our  county  —  and  so  with  many  others  in  Philadelphia 
and  Bristol,  and  many  of  our  own  citizens — there  were  not  less 
than  one  thousand  persons  at  the  depot  waiting  his  arrivel. 

"As  he  stepped  upon  the  platform,  the  dense  mass  greeted 
him  in  the  fulness  of  their  hearts.  It  was  no  strained  effort  on 
the  part  of  many  who  had  sympathized  with  himself  and  family, 
for  the  cheers  of  welcome  came  iong,  loud,  full,  and  free.  Ho 
entered  a  carriage  in  waiting,  preceded  by  a  large  transparency, 
bearing  the  words:  'James  W.  Wall,  the  Defender  of  the  Consti- 
tution, Welcome  Home,'  with  the  American  flag.  The  carriage 
was  encircled  by  a  large  number  of  men  bearing  torchlights, 


JAMES    W.   WALL.  145 

followed  by  a  band  of  music  and  some  five  hundred  torch-bear- 
ers in  procession. 

"As  the  procession  moved  along,  Main  Street  was  filled  with 
men,  women,  and  children,  while  all  the  houses  of  prominent 
Democrats  were  illuminated.  Continued  cheering  rent  the  air.  • 
At  the  steps  of  his  residence  he  was  received  between  two  lines 
of  young  ladies,  dressed  in  white,  who  strewed  flowers  along  his 
pathway,  from  the  carriage  to  the  house.  As  he  entered  his 
door,  the  band  struck  up  the  air  of  'Home,  sweet  home ! '  After 
a  few  moments  spent  with  his  family,  he  returned  to  his  steps, 
and  thus  addressed  the  immense  crowd  that  completely  blocked 
up  the  square,  as  follows: 

"'My  fellow-townsmen:  My  heart  is  full  to-night,  so  full  that 
I  can  scarcely  give  adequate  expression  to  the  emotions  that 
crowd  upon  me,  as  I  look  out  upon  this  heartfelt,  this  magnifi- 
cent demonstration.  What  a  striking  contrast  is  presented  to 
the  melancholy  scene,  hardly  a  fortnight  ago,  when  I  was 
dragged  ruthlessly  from  these  steps,  torn  mercilessly  from  the 
clinging  embraces  of  the  dear  ones  at  home,  and  consigned  to 
the  tender  mercies  of  the  brutal  military  despotism  that  rules 
with  iron  sway  within  the  gloomy  walls  of  the  American  Bastile 
This  enthusiastic  reception,  my  friends;  these  shouts  of  hearty 
welcome ;  these  bright  and  happy  faces ;  these  beautiful  flowers 
strewn  in  my  pathway  by  such  fair  hands;  the  cheering,  dancing 
light  of  your  flaming  torches;  and  the  inscription  on  your  trans- 
parencies—  all  un.te  to  convince  me  how  lovingly  you  bear  me 
in  your  hearts.  Such  a  reception  is  the  more  .welcome,  because 
it  wears  a  double  significancy.  It  assures  me,  in  the  first  place, 
that  you,  my  neighbors  and  friends,  among  whom  I  have  gone 
in  and  out  so  many  years,  sympathize  with  me  in  the  cruel 
wrongs  and  outrages  to  which  I  have  been  subjected.  In  the 
second  place,  it  is  a  manifestation,  strong  as  holy  writ,  that  you 
believe  that  I  am  wholly  innocent  of  any  charge  of  disobedience 
to  the  laws,  or  any  imputation  upon  my  fame  as  a  Constitution- 
loving  citizen.  "  Charge/'  did  I  say  ?  Why,  my  friends,  would 
you  believe  it,  from  the  hour  that  I  was  torn  so  ruthlessly  from  my 
home,  through  the  long  and  tedious  moments  of  my  cruel  im- 
prisonment, up  to  this  joyful  moment,  when  I  look  out  once  more 
a  freeman,  over  these  kindly,  gladsome  faces,  now  upturned  to 
10 


146  AMEKICAN  BASTILE. 

greet  and  cheer  me,  1  have  not  been  able  to  ascertain  what  those 
charges  are.  I  have  in  vain  demanded  from  the  Government  the 
nature  of  the  charges,  and  claimed  the  constitutional  privilege 
of  being  informed  of  the  nature  and  cause  of  the  accusation, 
and  to  be  confronted  with  the  witnesses  against  me.  But  up  to 
tins  hour,  the  grave  could  not  have  been  more  silent.  Great 
heavens !  can  it  be  possible.  If  we  have  no  rights  under  our 
Constitution,  what  then  becomes  of  the  value  of  the  Union  for 
which  it  is  pretended  we  are  fighting.  We  have  heard  a  great 
deal,  during  the  wretched  strife  in  which  the  nation  is  engaged, 
in  tearing  out  its  own  heart-strings,  of  preserving  the  National 
life,  but  the  Constitution  is  the  Union.  The  Constitution  and 
the  Union,  according  to  the  theory  in  which  I  have  been  taught, 
are  one  and  inseparable. 

"  1  In  fact,  the  Constitution  was  made  to  form  a  more  perfect 
Union.  They  live  in  and  by  and  through  each  other.  "When 
the  one  perishes,  the  other  dies  —  the  destruction  of  the  one  in- 
volves the  subversion  of  the  other;  nay,  the  subversion  of  the 
Constitution  is  revolution,  for  it  changes  the  whole  framework 
of  our  Government.  I  care  not  whether  the  blow  comes  from 
the  North  or  the  South,  that  is  aimed  at  the  Constitution,  it  is 
aimed  at  the  Nation's  life. 

"'In  that  Constitution,  the  reserved  rights  of  the  States  are 
there  secured  —  the  granted  powers  of  the  Government  there 
defined. 

" 1  Those  great,  absolute  rights  of  the  citizen,  securing  free 
speech,  free  thought,  and  free  person,  are  there.  These  are  the 
solemn  clauses  that  protect  the  citizen's  person  from  arbitrary  arrest, 
his  property  from  arbitrary  invasion,  and  his  life  from  arbitrary  inter- 
ference. These  all  are  to  be  found  in  the  amendments  to  your 
Constitution,  that  have  been  most  appropriately  called,  1  The  Ten 
Commandments  of  American  Freemen.1  It  is  true  they  were  not 
delivered  like  those  of  old,  'mid  the  lightnings  and  thunder 
of  Sinai,  but  they  were  no  less  written  upon  the  hearts  of  free- 
men by  Divine  inspiration,  they  are  God-given  rights,  to  be  en- 
joyed as  the  air  you  breathe,  or  as  the  water  you  drink,  and  the 
man  who  would  deprive  you  of  them  is  a  tyrant,  and  the  people 
who  would  submit  to  such  deprivation  are  fit  only  to  be  slaves. 

"'Our  fathers  caught  the  inspiring  strain  from  Magna  Charts, 


JAMES    W    WALL.  147 

and  it  was  prolonged  in  that  sonorous  sentence  in  our  own  Con- 
stitution — ' No  person  shall  be  deprived  of  life,  liberty,  or  property, 
wthout  due  process  of  law'  —  'due  process  of  law/  'the  law  which 
hears  before  it  condemns,  and  punishes  only  after  conviction/ 
Cherish,  my  friends,  these  great  rights  thus  guaranteed  to  you  in 
your  Constitution  —  never  surrender  them,  never  allow  them  to 
be  compromised,  or  gainsayed,  for  they  constitute  the  Keystone 
of  the  Arch  of  Freedom.  Take  them  away,  and  the  springing 
arch  falls  in  ruins.  We  only  call  that  Government  free,  which 
not  only  shelters  its  subjects  from  the  injustice  of  the  many,  but 
from  the  tyranny  of  the  one  or  the  few.  We,  as  a  people,  are 
free,  because  from  ancient  times  there  came  laws,  as  if  written 
with  the  finger  of  the  Highest — free,  because  to  us  in  this  day, 
it  was  thought  conscience  and  opinion  were  free.  It  is  a  glorious 
thought  that  the  law  of  the  land  recognizes  there  is  a  part  about 
every  man's  affairs  so  sacred  that  it  must  not  be  crossed  either 
by  inquisition  or  inquiry.  The  freedom  of  the  citizen  from  all 
illegal  arrest,  the  freedom  of  his  hearth -stone  from  arbitrary  in- 
vasion, and  the  freedom  of  his  conscience  from  all  manner  of 
restraint;  these  constitute  the  Urim  and  the  Thummim,  the 
breastplate  of  Light  and  Truth  round  the  heart  of  the  American 
citizen,  in  the  time  of  trial  and  danger;  and  when  he  demands 
rights  that  have  been  denied  him,  they  will  impart  a  rich  elo- 
quence to  his  tongue,  the  wisdom  of  authority,  and  the  mighty 
pathos  of  justice  to  the  utterance  of  his  lips.'  " 

Mr.  Wall  continued  in  this  strain  for  over  an  hour,  hold 
mg  the  crowd  spell-bound  upon  his  lips.  After  the  conclu- 
sion of  his  speech  they  were  invited  into  his  mansion,  and 
for  two  hours,  men,  women,  and  children  thronged  in  to  take 
him  by  the  hand,  and  thank  him  for  the  courage  he  had 
manifested,  and  to  sympathize  with  him  in  the  sufferings  he 
had  so  bravely  borne.  At  the  next  session  of  his  State  Le- 
gislature, after  his  imprisonment,  Mr.  "Wall  addressed  a  long 
memorial  to  that  body,  denouncing  the  violation  of  the  Bill 
op  Rights  ov  the  State,  in  his  person,  and  arguing  the  un* 
constitutionality  of  the  proceeding,  and  which  concluded  as 
follows : 


148  AMERICAN  BASTILE. 

"  What  course  you,  the  representatives  of  the  State  of  New 
Jersey,  may  deem  proper  to  take,  in  reference  to  thia  wantoo 
outrage  upon  the  constitutionally  guaranteed  rights  of  one  of 
your  citizens,  must  be  left  to  your  own  judgments.  It  is  for  you 
to  say  whether  it  shall  be  passed  over  without,  at  least,  a  solemn 
remonstrance.  If,  by  your  silence  now,  you  constitute  such 
silence  as  a  precedent,  it  may  be  for  you  to  declare  of  what  value 
hereafter  shall  be  those  high-sounding  clauses  in  the  Bill  of 
Rights,  in  your  own  Constitution,  to  the  citizens  of  New  Jersey 

"  That  Bill  of  Rights  was  intended  as  the  enunciation  of  certain 
general  principles  of  free  government,  to  serve  as  the  landmark 
of  liberty  and  law.  Did  your  present  Senator  in  Congress,  Mr. 
Ten  Eyck,  when  he  introduced  it  in  your  Constitutional  Conven- 
tion, and  his  fellow-members,  when  they  voted  upon  it,  consider 
its  clauses  only  as  a  mass  of  glittering  generalities  ?  And  yet 
what  else  do  they  become,  if  any  cabinet  officer  may,  under  one 
of  these  '  general  warrants,'  invade  your  State  writh  an  armed 
force,  kidnap  its  citizens,  and  incarcerate  them,  beyond  the  limits 
of  the  State,  at  his  sovereign  will  and  pleasure,  in  one  of  the 
military  fortresses  of  the  Government?  Surely,  if  such  outrages 
are  to  be  passed  over  in  silence,  and  such  acts  done  with  impu- 
nity, then  I  do  not  hesitate  to  declare  that  your  State  Govern- 
ment is  a  farce,  and  the  clauses  in  your  Bill  of  Rights  the  most 
contemptible  and  wicked  shams. 

"  I  speak  earnestly,  because  I  feel  so.  I  have  been  made  to 
know  the  insolence  of  arbitrary  power.  The  most  degraded 
criminals  in  any  of  your  prisons  could  not  have  been  treated  as 
I  have  been,  without  an  outcry  of  indignation  from  every  honest 
citizen  in  the  State.  I  have  been  arrested  without  the  form  of 
legal  warrant  —  condemned  without  the  shadow  of  a  trial,  and 
punished  by  a  degrading  imprisonment  of  weeks,  without,  to 
this  hour,  knowing  the  nature  and  cause  of  the  accusations 
against  me.  I  know  and  appreciate  my  rights  as  a  citizen  of  the 
United  States,  and  as  a  citizen  of  the  State  of  New  Jersey;  and 
no  man  shall  invade  and  trample  upon  those  rights  with  impu- 
nity, if  there  is  any  courage  or  sense  of  justice  left  in  the  com- 
munity. I  envy  not  the  heart,  for  it  is  corrupt,  nor  the  brain,  for 
it  is  diseased,  that  can  attempt  to  approve,  or  by  reason,  justify 
such  an  atrocious  act  of  arbitrary  power  as  this.    If  such  as 


JAMES    W.   WALL.  149 

act  can  be  done  in  a  republic  without  redress,  and  with  the  ap- 
proval of  its  citizens,  then  I  know  no  difference  between  it  ard 
the  vilest  despotism  upon  earth,  save  that  the  latter  is  the  most 
honest  government  of  the  two." 

Such,  however,  was  the  terrorism  of  the  Federal  Govern 
ment,  that  the  House  of  Assembly,  although  largely  Demo- 
cratic, through  the  Chairman  of  its  Judiciary  Committee, 
Jacob  Yannater,  Esq.,  of  Morris  County,  reported  that  "  it 
was  not  expedient"  to  take  any  action  on  this  memorial,  for 
fear  the  State  Government  might  be  brought  into  antago- 
nism to  the  acts  of  the  Federal  Government,  which  was  a 
virtual  and  cowardly  indorsement  of  arbitrary  power. 

The  next  Legislature  elected  Mr.  Wall  United  States  Sena  - 
tor, to  fill  the  unexpired  term  of  Hon.  John  E.  Thomson, 
deceased,  and  during  his  short  service  in  that  body,  his  voice 
was  heard  in  denunciation  of  the  Emancipation  Policy  pro- 
posed to  be  pursued  in  the  purchase  of  the  slaves  of  the  State 
of  Missouri  by  the  Federal  Government,  and  in  opposition  to 
the  infamous  Bill  of  Indemnity  to  screen  the  President  and 
his  subordinates  from  all  the  legal  consequences  of  their  un- 
constitutional and  arbitrary  acts.  In  this  last  speech  he 
alluded  in  the  following  language  to  his  imprisonment : 

"But  who  is  it, that  takes  a  retrospective  glance  over  the  stir- 
ring, awful  history  of  the  last  two  years,  but  feels  how  the  fine 
gold  has  grown  dim  beneath  the  tarnishing  touch  of  the  rude 
hand  of  despotic  power.  Those  great,  absolute  rights  of  the 
citizen,  which  were  intended  to  be  beyond  the  reach  of  arbitrary 
influence,  the  right  of  personal  liberty,  of  property,  of  free 
speech  and  a  free  press,  rudely  and  ruthlessly  violated.  Of  those 
absolute  rights,  during  what  was  not  inaptly  called  the  '  Keign 
of  Terror,'  there  was  not  one  heart,  that  was  not  trampled  upon 
by  the  Executive,  or  his  subordinates ;  and  what  was  worse  than 
oil,  every  assault  that  was  made  upon  them  was  applauded  to 
the  echo  by  timid  jurists,  divines,  and  contract-hunting,  renegade 
Democrats,  whose  cowardly  hearts,  either  ran  away  with  their 
better  judgments,  or  who  really  did  not  comprehend  the  very 
first  principle  of  the  Constitution  under  which  they  lived.  Men 


150 


AMEBIC  AN  BASTILE. 


were  arrested  and  papers  seized  without  warrant,  or  oath  ol 
probable  cause;  prisoners  were  held  without  presentment  or 
indictment,  denied  a  speedy  and  a  public  trial,  carried  away  by 
force  from  the  State  or  district  where  their  offence,  if  any,  must 
have  been  committed,  and  incarcerated  for  months,  ay,  for 
years,  in  the  military  Bastiles  of  this  Government,  and  then  set 
free  without  being  even  informed  of  the  nature  and  cause  of  the 
accusation  against  them.  Every  constitutional  outpost  was 
driven  in,  and  every  personal  guarantee  of  the  citizen  brushed 
away  by  a  tyrannical  Executive,  as  easily  as  cobwebs  by  the 
hands  of  a  giant. 

"And  this,  Mr.  President,  by  a  Government  professing  it  was 
fighting  for  the  Union,  the  Constitution,  and  the"  enforcement  of 
the  laws ;  for  these  at  the  outset  of  the  war  were  the  proud 
watch- words  that  glittered  on  your  military  standards.  Doc- 
trines were  preached  in  high  places  directly  at  war  with  the  fun- 
damental principles  of  this  Government.  The  central  power, 
under  the  bold  pretence  of  preserving  the  Government,  assumed 
a  new  and  fearful  energy,  until  men  went  about  with  'bated 
breath  and  whispering  humbleness,'  not  knowing  where  the  next 
blow  was  to  fall,  or  who  was  the  next  friend  that  was  to  be 
stricken  down  at  their  sides.  Of  these  times,  I  may  exclaim : 
'  Quorum  pars  sui.' 

"  It  was  my  lot,  sir,  to  have  felt  the  fierce  grasp  of  arbitrary 
power,  and  within  the  damp,  grated  casemate  of  one  of  the 
Bastiles  of  this  Government,  to  have  discovered  how  helpless  a 
thing  is  the  citizen,  who  is  deprived  of  those  absolute  rights, 
which,  if  they  do  not  exist  in  your  Constitution  at  all  times, 
whether  in  peace  or  war,  then  your  Constitution  is  a  delusion 
and  a  snare.  Having  been  arrested  without  cause  shown,  I  was 
liberated  in  the  same  way,  after  enduring  personal  indignities 
which,  to  a  high-spirited  man,  'eat  like  iron  into  the  soul;'  and 
from  the  hour  of  my  liberation  up  to  this  moment,  when  I  stand, 
upon  this  floor  the  representative  of  a  sovereign  State,  I  have 
been  unable  to  ascertain  what  those  charges  were.  I  have  in 
vain  demanded  of  the  proper  Department  what  were  the  charges 
against  me,  claiming  the  freeman's  constitutional  privilege  'to 
be  informed  of  the  nature  and  cause  of  the  accusation,  and  to 
bo  confronted  with  the  witnesses  against  me. 


JAMES    W.  WALL. 


151 


u  Great  heavens !  Mr.  President,  is  it  possible  that  such  things 
can  be,  under  a  Constitution  whose  boast  it  has  been  that  it  waa 
for  the  protection  of  the  inalienable  rights  of  man  against  oppres- 
sion? If  this  boast  has  been  in  vain,  then  your  Constitution  has 
but  a  name  to  live,  an  outer  seeming  to  beguile  and  deceive — 
it  is  but  a  delusion  and  a  snare  —  it  is  the  worthless  husk,  when 
the  golden  grain  is  gone — the  now  empty  casket  from  which 
the  jewel  has  been  stolen. 

"  The  liberty,  sir,  I  claim,  and  those  who  act  with  me  upon  this 
floor,  under  our  Constitution,  is  not  the  liberty  of  licentiousness, 
but  the  liberty  united  with  law,  the  liberty  sustained  with  the 
law,  and  that  kind  of  liberty  we  have  ever  supposed  was  gua- 
ranteed to  every  man,  rich  or  poor,  high  or  low,  proud  or  hum- 
ble, under  all  exigencies,  whether  in  peace  or  in  war,  or  the  state 
in  the  fearful  throes  of  civil  strife.  This  is  my  loyalty,  and  that 
of  my  friends  upon  this  floor — the  allegiance,  the  devotion  to 
organic  law  I  know  no  other  loyalty,  and  will  never  bow  my- 
self at  the  shrine  of  any  other.  In  our  republic,  its  Constitution 
declares :  *  No  citizen  shall  be  deprived  of  his  life,  liberty,  or  pro- 
perty, without  due  process  of  law.'  We  may  be  made  to  part 
with  all  these  by  the  power  of  the  state ;  but  that  power  must 
look  well  to  it,  sir,  that,  in  its  exercise,  it  does  not  transcend  the 
limits  within  which  it  is  appointed  to  move.  If  it  does,  it  be- 
comes despotic,  and  then  among  men  who  know  their  rights,  and, 
knowing  them,  dare  to  maintain  them,  resistance  follows,  as  nat- 
urally as  light  succeeds  darkness.  If  by  a  simple  mandate,  nay 
by  the  lightning's  flash  over  the  telegraphic  wires,  as  was  my  own 
iase,  any  cabinet  officer,  in  States  where  the  people  are  obedient 
to  law,  and  where  the  courts  are  open,  may  consign  you  or  me 
for  an  indefinite  time  to  the  gloomy  walls  of  a  government 
fortress ;  then  the  same  mandate,  or  despatch,  only  altered  in  its 
phraseology,  may  consign  us  immediately  to  the  hands  of  the 
executioner,  or  deprive  us  of  our  properties,  confiscating  them  to 
the  state.  If  not,  why  not?  The  right  to  have  our  lives  secure 
against  interference  without  due  process  of  law,  is  equally 
guaranteed  in  the  same  clause  which  protects  our  liberty  and 
Our  property.  These  privileges  can  trace  their  lineage  back  to 
the  grassy  lawns  of  llunnymede,  where  they  were  born  many 
centuries  ago.  They  were  extorted  then,  and  there,  by  the  rebel* 


152 


AMERICAN  BASTILE. 


lious  barons,  and  uttered  in  glowing  language  that  has  come 
down  to  us  from  the  ages  long  ago,  and  is  still  sounding  in  our 
ears  as  the  sweetest  note  ever  sounded  from  the  clarion  of 
freedom.  Listen,  Senators,  to  its  music,  as  it  sounded  1  strong, 
and  without  overflowing,'  full  in  the  ears  of  a  tyrant  king :  'iV7o 
freeman  shall  be  seized  or  imprisoned,  or  disseized,  or  outlawed,  or  in 
any  way  destroyed,  nor  will  we  go  upon  him,  or  send  upon  him,  except 
by  the  judgment  of  his  peers,  or  the  law  of  the  land'  Our  fathers 
caught  the  inspired  strain,  and  it  was  prolonged  in  that  sonorous 
sentence  I  have  quoted  above  from  our  own  Constitution." 

Since  Mr.  Wall  left  the  Senate,  he  has  not  been  idle.  He 
has  been  connected  editorially  with  three  daily  Democratic 
journals,  furnishing  the  chief  editorial  matter  for  all. 


RON.  ROBERT  ELLIOTT. 


HON.  ROBERT  ELLIOTT,  one  of  the  political  pris- 
oners of  1861,  is  a  citizen  of  Freedom,  Waldo  County, 
Maine.  He  is  a  gentleman  in  independent  circumstances, 
and  about  fifty  years  of  age.  Having  entered  into  the 
mercantile  business  in  the  town  of  Freedom,  nearly  thirty 
years  ago,  he  readily  acquired  a  competency  by  his  energy 
and  industry,  and  there  continues  to  own  and  superinteno 
an  extensive  stock  in  trade.  By  his  intelligence  and  integrity, 
he  has  made  himself  very  popular,  particularly  in  his  own 
town,  where  he  has  for  the  past  twenty  years  continued  to 
fill  the  most  important  offices.  His  elections  by  the  people, 
have  always  been  by  large  majorities,  and  not  unfrequently 
by  an  unanimous  vote.  He  at  one  time  represented  his  dis- 
trict in  the  Legislature,  and  was  also  a  member  of  the  Gov- 
ernor's Council. 

In  the  latter  part  of  the  night  of  September  7, 1861,  Mr. 
Elliott  waa  aroused  from  his  slumbers,  at  his  residence  in 
Freedom,  by  Chas.  Clark,  who  was  acting  as  Marsbal  for  the 
State  of  Maine.  The  Marshal,  after  gaining  admittance  into 
the  house,  was  quickly  followed  by  ten  or  twelve  men  who 
had  hitherto  been  invisible,  having  secreted  themselves  in 
the  out-buildings,  and  under  the  fences,  until  their  peculiar 
services  were  required.  Not  one  of  these  men,  it  is  proper 
to  mention,  resided  in  Waldo  County.  Mr.  Elliott,  thus  sur- 
prised and  surrounded  at  the  hour  of  midnight,  was  ordered 
to  dress  and  prepare  himself  to  accompany  Clark  and  his 
men ;  receiving  no  other  explanation  of  his  untimely  arrest, 
than  that  it  was  done  by  authority  of  a  despatch  from  Simon 
Cameron,  Lincoln's  Secretary  of  War.  And  long  before  his 
friends  and  neighbors  had  begun  to  break  the  stillness  of  the 

1*3 


154 


AMERICAN  BASTILE. 


morning,  Mr.  Elliott  was  far  on  his  way  to  Fort  Lafayette, 
a  prisoner  in  the  hands  of  his  Government.  Thus  seized 
and  carried  away  from  his  home,  his  family,  and  his  friends, 
he  was  thrown  into  prison,  where  he  remained  nearly  two 
months,  without  any  charge  having  been  preferred  against 
him.  Being  unable  to  subsist  on  the  rations  furnished  him 
here  by  the  Government,  because  of  their  unwholesome 
nature,  he  united  with  other  prisoners,  and  had  suitable  pro* 
visions  furnished  from  New  York,  at  their  own  expense. 

From  this  noted  Bastile  he  was  conveyed  to  Fort  "Warren, 
and  confined  there  one  week.  He  was  then  unconditionally 
discharged  on  the  7th  of  November  of  the  same  year,  without 
receiving  intelligence  from  any  official  source,  why  the  sanc- 
tity of  his  home  had  been  invaded,  and  his  personal  liberty 
violated.  Close  confinement  and  its  attendant  horrors  of 
impure  atmosphere,  and,  for  a  portion  of  the  time,  unwhole- 
some diet,  made  serious  inroads  upon  his  health  and  strength, 
but  failed  to  weaken  his  fidelity  and  adherence  to  Democratic 
principles,  or  to  diminish  his  sense  of  the  wrong  and  injury 
which  had  been  inflicted  upon  him. 

During  this  vile  and  wicked  persecution  of  his  person  for 
his  political  opinions,  the  Republican  press  of  the  country, 
under  sanction  of  the  Government  at  Washington,  was 
filled  with  incendiary  articles,  false  and  libellous  in  their  na- 
ture, calculated  and  intended  to  excite  the  prejudices  and  ill- 
feelings  of  the  mob,  not  only  against  him,  but  other  similar 
victims  of  political  cruelty.  And  who  can  question  the  right 
of  the  masses  to  practise  mob  law,  when  Government  officials 
lead  the  way,  and  establish  the  rule  that  might  is  right  ? 

How  successful  they  were  in  their  teachings,  can  be  farther 
iieen  in  the  destruction  of  Elliott's  property  by  hirelings, 
desperate  characters,  and  Government  spies.  During  the 
night  of  August  16,  18QJB,  his  two  barns,  at  the  time  wet 
filled  with  hay,  were  fired,  and  the  wind  blowing  in  the  pro 
per  direction,  the  flames  were  communicated  to  his  dwelling- 
house  and  other  buildings,  including  a  large  amount  of  pro- 
porty,  all  of  which  were  entirely  destroyed    The  loss  which 


ROBERT  ELLIOTT. 


15S 


he  sustained  was  very  heavy,  as  only  a  small  portion  of  the 
property  was  insured.  He  then  built  a  large  barn,  at  great 
expense,  on  the  same  site,  and  stored  away  in  it  more  than  a 
hundred  tons  of  hay.  But  before  the  workmen  had  more 
than  half  completed  the  task  of  pressing  it,  and  while  Elliott 
was  in  Boston  to  arrange  for  the  sale  of  it,  in  the  night  of 
December  31, 1866,  the  barn  was  set  on  fire,  and  it,  together 
with  the  hay,  hay-press,  and  other  property  of  value,  entirely 
consumed.  His  loss,  at  this  second  fire,  was  also  great,  only 
about  one-third  of  the  property  destroyed  being  covered  by 
insurance.  There  can  be  no  doubt  that  this  diabolical  treat- 
ment of  Elliott,  in  his  person  and  property,  was  nothing  more 
or  less  than  political  persecution. 


REV.  ROBERT  DOUGLAS. 


rpHE  subject  of  this  sketch,  was  one  of  eight  brothers,  dis^ 
tinguished  for  their  height,  their  erectness,  their  hand- 
some personal  appearance,  and  their  manliness.  The  smallest 
of  this  fraternal  band,  was  six  feet  one  and  a  half  inches  tall 
—  the  largest,  six  feet  four  inches.  Born  in  the  northern 
part  of  Ireland,  but  of  immediate  Scotch  descent,  they  were 
in  physical  stature  and  bearing  the  very  type  of  the  historic 
family  of  "  Black  Douglas,"  to  which  they  belonged,  and  in 
their  uncompromising  spirit  they  seemingly  embodied  much 
of  that  courage  and  independence  which  kept  the  hills  of 
Scotland  so  long  free,  and  to  whose  keeping,  in  the  person 
of  James  Douglas,  Robert  Bruce  bequeathed  his  heart  in 
trust. 

Robert  Douglas  was  tall  and  stately,  with  dark  complexion, 
black  hair,  brilliant  ^ark  hazel  eyes,  and  a  mouth  denoting 
firmness  of  purpose ;  which,  added  to  the  dignity  of  his  car- 
riage, made  up  the  measure  of  a  very  handsome  man.  In 
his  boyhood  he  was  conspicuous  for  his  swiftness  of  foot,  for 
daring  horsemanship,  and  for  various  kinds  of  manly  accom- 
plishments. In  the  northern  part  of  Ireland,  a  ditch  which 
was  the  scene  of  a  fearful  leap  by  him  when  a  school-boy, 
still  bears  his  name.  Robert,  full  of  the  spirit  of  adventure, 
left  home  at  the  early  age  of  sixteen,  and  parting  from  his 
father  and  mother,  and  brothers,  he  determined  to  seek  that 
fortune  and  freedom  in  America  which  the  oppression  of  Eng- 
land denies  the  youth  of  Ireland.  Reared  in  comfort  by  a 
father  of  respectable  means,  and  cared  for  fondly  by  an  affec- 
tionate mother,  his  natural  independence  and  self-reliance 
had  been  nurtured  and  not  smothered,  and  it  must  have  been 
strong  indeed  when  it  impelled  him  to  abandon  the  home  ht 

156 


KEY.    EOBEET  DOUGLAS. 


157 


loved,  to  go  so  far  away  as  America  seemed  then,  and  among 
a  people  to  whom  he  was  an  entire  stranger.  But  he  came. 
Three  of  his  brothers  afterward  followed  him.  One  of  them 
fell,  it  is  believed,  at  Buena  Yista,  in  command  of  a  company 
of  infantry  ;  another  died  of  yellow  fever.  But  two  of  the 
eight  now  remain :  one  in  Mississippi,  the  other  in  Ireland. 

As  soon  as  his  feet  touched  the  shores  of  the  United  States, 
Robert  Douglas  sought  employment ;  at  first  as  a  store-boy, 
afterward  as  a  clerk,  and  then  as  a  merchant.  He  was 
always  busily  occupied,  and  yet  he  did  not  neglect  the  culti- 
vation of  his  mind.  He  was  a  great  reader  of  books,  and 
held  frequent  intercourse  with  the  muses.  His  poetical  effu- 
sions, which  would  have  made  a  volume,  and  which  disap- 
peared mysteriously  a  few  years  ago,  doubtless  by  the  incen 
diary  hands  of  their  author,  evinced  an  imagination  of  the 
chivalric  and  heroic  kind  rather  than  the  sentimental.  "  Scot- 
land and  Scottish  Chiefs,"  the  "  Black  Douglas,"  "  Masters  of 
Scottish  Kings,"  Ireland  and  her  wrongs,  evidently  occupied 
much  of  the  young  poet's  thoughts.  Although  these  poems 
as  a  whole  were  scarcely  worthy  of  the  press,  sometimes  his 
youthful  pen,  at  the  mention  of  the  distant  home  and  kin- 
dred from  whom  he  was  separated,  would  express  the  out 
pourings  of  a  warm  and  deeply  moved  heart,  in  very  tender 
and  beautiful  verse.  After  a  while,  Mr.  Douglas  determined 
to  prepare  himself  for  the  practice  of  law,  a  profession  for 
which  he  was  eminently  adapted,  and  in  which  he  must  have 
attained  the  highest  rank.  In  pursuance  of  this  purpose,  he 
commenced  reading  with  his  uncle,  the  Hon.  Samuel  Douglas, 
Attorney  General  of  Pennsylvania,  and  continued  in  the 
preparation  for  nearly  two  years.  He  then  suddenly  con- 
cluded to  turn  his  attention  to  the  ministry,  and  gave  up  the 
study  of  law.  As  he  was  not  a  man  of  weak  purposes,  it  ie 
difficult  to  account  for  the  change,  and  it  is  useless  now  tc 
speculate  upon  it.  He  went  to  the  Theological  Seminary  at 
York,  Pennsylvania,  and  after  a  due  season  was  admitted  to 
the  ministry  in  the  German  Reformed  Church.  In  this  call- 
ing ho  continued  literally  to  the  day  of  his  death,  nevei 


158 


AMERICAN  BASTILE. 


neglecting  an  appointment  nor  a  duty,  and  never  wearying 
in  well-doing.  After  having  preached  to  a  number  of  con- 
gregations, he  removed  in  1850,  to  his  farm  on  the  Potomac, 
in  Washington  County,  Maryland,  the  birthplace  of  his  last 
wife,  who  was  the  daughter  of  Colonel  John  Blackford.  He 
did  not,  however,  retire  from  the  ministry,  but  undertook 
the  charge  of  four  different  congregations.  And  as  these 
were  widely  separated,  his  whole  time  was  occupied  in  attend 
ing  to  his  parochial  duties.  Holding  himself  aloof  from 
politics,  he  rarely  went  to  the  polls. 

When  the  war  burst  over  the  Union  in  1861,  Mr.  Douglas 
saw  the  horrors  of  it  inaugurated,  by  the  burning  of  the 
beautiful  bridge  over  the  Potomac.  War  continued  to  pour 
blood  freely  over  the  land.  Excitement  and  bitter  feelings 
raged  along  the  border.  The  troubled  times  and  advancing 
age  rapidly  whitened  the  gray  head  of  the  preacher  of  the 
Gospel.  Yet  he  willingly  permitted  no  interruption  to  his 
duties ;  he  went  his  regular  rounds,  comforting  the  sick, 
burying  the  dead,  and  spreading  the  Gospel.  But  soon  the 
iron  hand  of  persecution  was  laid  upon  him ;  sentinels  and 
spies  lurked  about  his  house  and  dogged  his  footsteps. 

His  sermons  were  reported,  and  the  very  prayers  that  he 
offered  over  the  graves  of  those  he  buried  were  searched  for 
words  of  treason. 

Before  destruction  began  its  red  carnival  with  fire  and 
blood  in  the  valley  of  the  Shenandoah,  the  torch  was  applied 
to  his  property,  and  one  dark  night  his  handsome  barn  blazed 
up  against  the  heavens,  casting  an  ominous  glare  over  the 
Potomac,  and  then  sank  into  ashes  and  a  mass  of  ruins. 
The  fences  of  his  farm  were  in  time  taken  down  ar_d  burned, 
and  his  horses  and  cattle  passed  from  his  presence  into  the 
hands  of  the  soldiers,  to  assist  in  the  suppression  of  the  Re- 
bellion. 

Mr.  Douglas  soon  became  a  prisoner  in  his  own  house ; 
and  if  he  walked  out  upon  his  land,  he  was  either  halted  at 
nis  outer  gate,  or  followed  by  a  suspicious  sentinel.  His  life 
became  almost  unendurable  ;  he  was  turned  back  when  h« 


REV.    ROBERT  DOUGLAS. 


159 


went  out  to  perform  the  last  rites  to  the  dying  ;  armed  squads 
searched  his  house  at  the  pleasure  of  each  new  commander; 
invading  the  chambers  of  his  wife  and  daughters  —  looking 
through  the  contents  of  their  bureaus  and  wardrobes,  and 
turning  their  beds  upon  the  floor  with  their  bayonets  ;  each 
member  of  his  family  was  insulted  by  the  brutal  soldiery ; 
and  finally,  he  was  ordered  to  close  the  shutters  of  all  the 
windows  that  looked  out  upon  Virginia. 

The  battle  of  Sharpsburg  was  fought  on  the  17th  of  Septem- 
ber, 1862.  The  Confederate  lines  extended  to  within  about 
three  miles  of  the  residence  of  Mr.  Douglas,  and  their  line 
of  retreat,  on  the  19th,  into  Virginia,  was  through  his  farm. 
The  Federal  army  followed  to  the  Potomac,  was  repulsed  at 
Blackford's  Ferry,  and  then  stretched  itself  in  camp  along 
the  river.  One  corps  was  encamped  on  Mr.  Douglas's  farm, 
"  Ferry  Hill  Place,"  and  immediately  his  fences,  wheat,  corn, 
and  every  thing  destructible  was  swept  away,  until  that 
beautiful  plantation  became  as  bald  and  unprotected  as  a 
common. 

All  the  crops  of  the  season  were  taken  without  compensa- 
tion, and  without  the  pretence  of  military  seizure.  Tents 
were  pitched  in  the  yard,  cannon  planted  about  the  house, 
and  the  inmates  were  in  a  state  of  siege.  The  battle  having 
increased  the  animosity  among  citizens  of  opposite  sympa- 
thies, frequent  reports  were  made  to  headquarters  of  the 
rank  disloyalty  of  that  "  Old  Rebel  preacher  "  —  that  he  was 
n  underground  and  treasonable  communication  with  the 
Confederate  General ;  and  it  was  a  subject  of  suspicion  and 
complaint  that  one  of  his  sons  was  on  the  personal  staff  of 
General  "  Stonewall  "  Jackson.  It  was  a  period  credulous 
of  evil  report,  and  although  the  Federal  officers,  to  whom 
these  reports  were  made,  would  have  concluded  upon  a  mo- 
ment's reflection  that  the  scanty  information  of  which  Mr. 
Douglas,  a  prisoner  in  his  own  house,  was  possessed,  would 
be  of  little  value  to  the  enemy,  yet  they  acted  in  accordance 
with  their  prejudices. 

About  the  latter  part  of  October,  on  a  dark  and  rainy 


160 


AMERICAN  BASTILE. 


night,  one  of  the  shutters,  which  had  been  kept  closed  by 
order,  was  forced  open  by  the  storm.  Mrs.  Douglas,  in  going 
to  her  chamber  with  a  lamp,  unfortunately  passed  by  this 
window,  and  a  slender  stream  of  disloyal  and  sympathetic 
light  was  poured  over  the  Potomac  into  the  Confederacy. 
The  watchful  sentinel  upon  the  bank  of  the  river  saw  the 
terrible  flash,  and  made  haste  to  report  to  an  eager  officer 
that  a  signal  light  had  been  given  from  the  house  of  that 
"  Old  Eebel."  It  was  a  grievous  charge,  and  most  grievously 
did  Mr.  Douglas  answer  for  it.  Here  was  treason,  if  not 
stalking  abroad,  at  least  alive  and  active  in  the  camp  of  loy- 
alty.   It  must  be  sorely  punished. 

On  the  next  evening,  without  warning  or  reason  given,  the 
venerable  gentleman  was  taken  from  his  home  and  family, 
and  marched  to  the  quarters  of  General  Fitz-John  Porter. 
He  requested  an  interview  with  the  General,  but  that  was 
refused.  This  man,  charged  with  disloyalty,  had  no  rights 
which  the  Federal  commander  was  bound  to  respect,  and 
unheard,  he  was  committed  to  the  vulgar  treatment  of  such 
soldiers  as  generally  composed  the  provost  guard.  Had  not 
such  wrongs  become  common,  it  would  seem  both  shameful 
and  cruel  that  an  aged  gentleman  of  high  social  position, 
a  minister  of  the  Gospel,  well  known  throughout  all  that 
country,  should  be  dragged  so  suddenly  from  his  family  and 
condemned  to  prison,  without  an  opportunity  for  explanation. 
And  how  simple  was  the  explanation,  and  how  easily  refuted 
the  charges  upon  which  Mr.  Douglas  was  arrested !  Genera] 
Porter  thought  little  of  the  bitter  draught  he  was  forcing 
npon  that  unoffending  civilian.  Perhaps  he  thought  of  it 
afterward,  when  in  retributive  justice  the  poisoned  chalice 
was  commended  to  his  own  lips  by  that  very  Government  in 
whose  behalf  he  was  doing  the  cruel  wrong.  The  wheel  was 
turning  which  was  to  drag  General  Porter  down. 

"  Though  the  mills  of  God  grind  slowly, 
Yet  they  grind  exceeding  small." 

The  same  evening  of  his  arrest,  Mr.  Douglas  was  hurried 
on  to  Berlin,  below  Harper's  Ferry.    Here,  in  the  open  air, 


K  E  V.    ROBERT  DOUGLAS. 


161 


without  shelter  or  any  covering  hut  the  cloak  he  wore,  and 
forbidden  the  use  of  fire,  the  old  prisoner  passed  that  cold 
and  dreary  night  upon  the  frozen  ground,  while  his  family, 
ignorant  of  the  cause  of  his  arrest  or  his  fate,  passed  the  same 
nis:ht  in  tearful  grief  and  fear.  But  greater  than  all  the 
prisoner's  personal  sufferings  was  the  thought  of  the  mani- 
fold trials  and  sorrows  that  his  arrest  would  bring  upon  his 
family,  left  alone  and  unprotected  in  the  midst  of  his  ene- 
mies. It  was  to  him  a  night  of  wrestling  between  outraged 
honor  and  the  Christian  forgiveness  and  forbearance  which 
he  had  been  wont  to  preach  throughout  the  land.  And 
when,  after  the  long  night,  the  light  of  day  appeared  again, 
it  witnessed  the  sad  spectacle  of  the  white  hair  of  the  old 
man  mingling  with  the  snow  that  lay  all  about  him.  A 
second  and  a  third  night  was  spent  in  the  same  manner,  ex- 
cept that  a  subordinate  officer,  whose  heart  was  not  steeled 
against  compassion,  declared  his  treatment  was  a  disgrace, 
and  offered  him  one  of  his  own  blankets  to  lie  upon.  Wq 
care  not  to  dwell  upon  the  sorrows  that  were  inflicted  upon 
Mr.  Douglas  during  these  days,  or  the  gloom  and  wretched- 
ness that  prevailed  in  his  household.  After  a  few  days  he 
was  taken  before  General  Burnside,  where  the  oath  of  alle- 
giance was  offered  him  as  the  price  of  his  release.  This  he 
declined,  and  demanded  an  investigation  of  the  charges 
against  him.  Had  he  taken  the  oath  under  such  circum- 
stances, he  must  first  have  crushed  out  the  spirit  of  indepen- 
dence he  inherited  from  his  ancestors.  His  request  was  in 
turn  disregarded,  and  he  was  hurried  away  to  Fort  McHenry. 

The  fate  of  many  who  went  within  the  walls  of  this  Bas- 
tile  suggests  that  over  the  gate  should  have  been  written 
as  over  the  entrance  of  Dante's  Hell : 

"  He  who  enters  here,  leaves  hope  behind/' 

For  a  while  after  Mr.  Douglas  reached  Fort  McHenry,  he 
was  shut  up  in  what  had  been  a  horse-stable,  with  deserters, 
criminals  in  ball  and  chain,  and  prisoners  of  the  lowest  grade. 
In  all  his  experience,  never  had  he  seen  such  a  mass  of 
wretchedness,  wickedness,  and  despair.  A  proper  respect  for 


162 


AMERICAN  BASTILE. 


decency,  forbids  a  minute  description  of  the  scene  in  tho 
midst  of  which  he  passed  those  miserable  days  and  more 
miserable  nights.  And  yet  his  age,  appearance,  and  charac- 
ter had  their  effect  even  upon  the  wretches  who  surrounded 
him.  They  soon  began  to  regard  him  with  kindness  and 
consideration.  A  fellow-prisoner  thus  describes  Mr.  Douglas's 
situation  at  this  time  and  in  this  place : 

"A  large  number  of  prisoners,  perhaps  four  hundred,  occu- 
pied the  hay-loft,  and  a  larger  number  the  stables  below. 
After  having  seen  Captain  Barlow  in  regard  to  my  quarters, 
and  securing  certain  privileges  for  myself,  he  remarked  to  me 
that  they  were  having  a  lively  time  in  the  front  stable.  An 
old  graj'-haired  man  was  in  there  preaching  to  the  soldiers, 
and  he  seemed  to  understand  his  business.  He  added  that 
it  was  a  bitter  shame  to  have  that  old  Christian  gentleman 
;n  there,  but  that  he  could  not  help  it.  He  was  charged  with 
giving  signal-lights  to  the  rebels  ;  he  (Captain  B.)  did  not  be- 
lieve it,  but  General  Morris  did,  and  there  was  no  use  in  trying 
to  get  him  out.  He  asked  me  to  look  through  the  bars  and  see 
if  I  knew  the  prisoner.  He  was  holding  service.  At  its  con- 
clusion, I  looked  in  and  saw  him  seated  upon  a  board,  and 
when  he  arose  and  approached,  I  at  once  recognized  him, 
and  we  shook  hands.  We  had  some  conversation,  and  as  we 
parted  he  said,  (in  a  full,  earnest  voice,)  '  They  may  put  me  in 
prison  ;  they  may  confine  my  body ;  but  they  cannot  imprison 
my  spirit  and  my  soul.  I  have  plenty  of  work  in  here  for 
my  Master,  and,  by  his  grace,  I  intend  to  do  it.'  He  con- 
star  tly  held  prayer  in  that  stable,  and  his  fellow-prisoners,  as 
far  as  I  could  ascertain,  exercised  toward  him  the  greatest 
affection  and  reverence."  Soon  after,  by  the  kindness  of  the 
P-ovost  Marshal,  Mr.  Douglas  was  taken  from  the  horse- 
stable  and  placed  in  somewhat  more  comfortable  quarters, 
with  his  young  friend  and  other  state  prisoners. 

The  record  of  the  imprisonment  of  Fort  McHenry  is  too 
well  known  to  make  it  necessary  to  add  that  his  exposure) 
and  sufferings  were  still  great,  too  great  for  one  of  his  age 
and  failing  health  to  endure  very  long.  While  he  remained 
with  those  kind  gentlemen,  they  resolved  that  he  should  be 


REV.    ROBERT  DOUGLAS. 


163 


as  their  guest,  and  should  perform  none  of  the  duties  of  their 
prison-life.  His  health,  however,  rapidly  declined.  His  white 
hairs  became  fewer ;  the  fire  in  his  eye  began  to  burn  dimly, 
and  his  body  to  bend.  Always  unwell,  at  one  time  he  was 
very  ill.  He  attributed  the  beginning  of  his  sickness  to  the 
severe  cold  he  had  caught  when  lying  out  upon  the  ground  the 
several  nights  after  his  arrest.  He  grew  weak  and  cold  ;  the 
poor  covering  of  a  quilt  and  a  flimsy  blanket  were  not  suffi- 
cient to  keep  him  warm.  "  He  had  prayers  morning  and 
evening  with  his  room-mates.  He  prayed  always  for  univer- 
sal humanity,  for  his  enemies  and  his  friends.  His  conversa- 
tion was  mostly  upon  religious  subjects,  and  thrice  only  he 
joined  the  little  band  in  a  war  of  wits."  His  illness  increased, 
and  at  one  time  he  thought  he  was  dying.  He  said  his  spirit 
was  strong  enough,  but  his  body  was  growing  weak ;  yet 
weak  as  his  body  became,  his  spirit  never  deserted  him. 
The  ladies  of  Baltimore,  as  usual,  ministered  kindly  unto 
him,  and  did  much  to  assuage  his  sufferings.  To  "  Father 
Douglas,"  as  they  called  him,  they  brought  cheerfulness  and 
material  comfort.  He  had  nothing  to  offer  in  return  but  his 
blessings  and  his  prayers. 

Having  been  in  confinement  about  six  weeks,  Mr.  Douglas 
was  brought  before  the  Provost  Marshal.  By  this  gentleman 
he  was  treated  with  much  courtesy,  and  he  ascertained,  after 
having  undergone  an  examination,  that  there  was  no  evi- 
dence against  him,  and  that  no  written  charges  had  ever 
been  preferred.  He  had  been  arrested  and  imprisoned  on  sus- 
picion, prejudice,  and  the  vaguest  rumors.  Feeble  and  sick,  but 
the  shadow  of  his  former  self,  he  was  released  and  graciously 
permitted  to  return  to  his  home. 

But  imprisonment  had  done  its  fatal  work.  The  seeds  of 
disease  had  taken  deep  root,  and  they  continued  to  grow. 
He  resumed  his  parochial  duties,  but  he  appeared  among  his 
people  as  one  stepping  along  the  confines  of  the  grave  ;  and 
that  deep-toned  voice  which  they  knew  so  well,  and  which 
had  often  thrilled  them  with  its  power,  was  weakened  and 
unsteady.  The  succeeding  years  of  war,  bringing  with  them 
Dew  trials  and  difficulties,  aggravated  his  ailment.    His  son* 


164 


AMERICAN  BASTILE. 


were  wounded  in  battle,  and  false  rumors  of  their  death 
reached  his  ears  time  and  again.  On  one  occasion,  when  he 
went  to  Hagerstown  to  seek  for  news  of  \ia  eldest  son,  whose 
obituary  he  had  read  in  the  papers,  he  was  not  permitted  to 
alight  from  his  buggy,  his  horse  was  seized  and  turned  toward 
home,  and  he  was  ordered  to  leave  the  town.  These  wrongs 
were  too  much  for  his  proud  soul  and  his  failing  health,  and 
he  fast  grew  wan  and  weary.  A  few  years  had  done  the 
usual  work  of  a  score.  Mr.  Douglas  was  spared  to  the  min- 
istry for  a  few  years  longer,  but  nothing  could  arrest  the 
fatal  disease  which  had  taken  hold  of  him  in  Fort  McIIenry. 
He  seemed  to  know  that  his  end  was  approaching,  but  he 
continued  his  labors.  His  family  entreated  him  to  retire, 
and  leave  his  unfinished  work  to  others,  but  he  replied  that 
he  would  die  at  his  post.  He  still  hesitated  in  strange  un- 
willingness to  cease  his  ministerial  labors ;  but,  on  the  next 
Sunday,  started  to  take  leave  of  his  people.  At  Mount 
Moriah  he  preached  a  morning  sermon,  which  his  devoted 
parishioners  still  speak  of  as  full  of  truth,  humility,  and 
resignation.  At  Keedysville,  on  the  same  day,  his  congre- 
gation looked  with  surprise  on  his  feeble  frame,  and  listened 
attentively  to  the  words  which  impressed  them  with  more 
than  usual  solemnity.  The  venerable  man  seemed  to  be  con- 
scious that  he  was  speaking  to  them  for  the  last  time,  and 
while  they  were  silent,  his  earnestness  rose  for  a  time  above 
his  bodily  weakness,  and  triumphed.  The  effort  was  toe 
great :  toward  the  end  of  his  sermon  his  voice  trembled  and 
his  sight  grew  dim,  and  at  its  close  he  sank  exhausted  into 
his  seat.  It  was  a  solemn  scene.  He  had  spoken  as  Elijah 
might  have  spoken  just  as  he  was  raised  from  earth  to  hea- 
ven. The  people  dispersed,  and  their  aged  pastor  was  taken 
to  the  house  of  a  friend,  where  he  lay  for  several  days,  at- 
tended by  his  wife  and  physicians.  He  was  then  removed 
to  his  home,  where,  after  lingering  a  few  days  longer,  he,  on 
the  20th  of  August,  1867,  passed  to  God,  under  whose  ban- 
ner he  had  fought  for  more  than  thirty  years,  and  faithfully 
even  unto  the  end. 

A  sentinel  on  the  watch-tower  of  Zion,  he  fell  at  his  post 


CAPTAIN"  H.  L.  SHIELDS. 


nAPTALN"  H.  L.  SHIELDS  graduated  at  the  United  Slates 
\-J  Military  Academy  at  West  Point,  in  1845,  about  the 
commencement  of  the  Mexican  War.'  He  served  through 
that  war,  was  present  in  seven  or  eight  battles,  and  was  twice 
brevetted  for  gallant  conduct.  After  the  close  of  the  war, 
he  was  attached  for  several  years  to  Sherman's  battery  of 
light  artillery,  in  the  3d  Regiment.  He  afterward  served 
under  General  Wool,  as  an  aide-de-camp,  and  acting  Judge 
Advocate  of  the  Eastern  Division  of  the  United  States  Army. 
He  resigned  from  the  army  in  1854,  and  in  a  few  years  there- 
after took  possession  of,  and  has  occupied  since  then,  a  stock 
raising  farm,  near  Bennington,  Vermont. 

One  rainy  morning  in  October,  1861,  while  Captain  Shields 
was  engaged  with  his  men  in  some  out-of-door  farm-work, 
a  boy  rode  up  from  Bennington,  (two  miles  distant,)  and  in- 
formed him  that  some  friends,  who  proposed  going  off  in  the 
cars  in  an  hour,  were  anxious  to  see  him  before  leaving.  He 
immediately  ordered  his  wagon,  and,  without  waiting  to 
change  the  rough  dress  he  wore,  drove  rapidly  to  the  village. 
On  reaching  the  hotel  he  was  shown  into  the  parlor,  where  a 
man  introduced  himself  as  the  United  States  Marshal  for 
Vermont,  at  the  same  time  informing  the  Captain  that  he 
had  an  order  to  arrest  him,  and  take  him  to  Fort  Lafayette, 
Captain  S.  was  greatly  astonished,  and  inquired  who  issued 
the  order.  The  Marshal  replied,  "  The  Secretary  of  State." 
The  order  was  signed  by  the  Assistant  Secretary  of  State. 
After  a  few  moments'  reflection,  the  Captain  expressed  Iub 
willingness  to  accompany  the  Marshal,  but  requested  him  to 
go  with  him  to  his  residence,  that  he  might  get  some  cloth 
iiiff.    This  he  refused  to  do,  remarking  that  he  had  no  time 

165 


166  AMERICAN    E  AS  TILE. 

to  lose.  The  Marshal  escorted  him  to  the  cars,  while  a  posst 
with  the  Sheriff  of  the  county  proceeded  to  his  house,  and 
demanded  of  his  wife  his  letters  and  papers.  They  enter- 
tained themselves  for  an  hour,  in  examining  private  papers 
and  letters,  hoping,  no  doubt,  to  find  "treasonable  corre- 
spondence" but  in  this  they  were  disappointed.  The  Marshal 
in  the  mean  time  took  the  Captain  to  Fort  Hamilton,  where 
he  was  turned  over  to  Colonel  Martin  Burke,  United  States 
Army,  who  had  been  his  commander  in  Mexico. 

Thence  he  was  taken  to  Fort  Lafayette,  and  placed  in  a 
casemate  in  which  there  were  numerous  heavy  guns.  This 
casemate  was  occupied  by  some  twenty  or  thirty  "  prisoners 
of  state."  The  greater  portion  of  these  were  prominent 
members  of  the  Legislature  of  the  State  of  Maryland.  They 
comprised  the  entire  Democratic  representation  from  that  body. 

Sick  and  well  were  alike  crowded  together  in  these  damp, 
illy  ventilated  and  unhealthy  casemates.  The  listless  ennui 
of  prison-life,  the  grating  and  heavy  iron  doors,  the  bars 
and  chains,  the  poor  fare,  the  tyranny  of  the  officers,  the 
brutality  of  the  ignorant  guards,  and  the  longing  for  home 
and  friends  contributed  much  to  sow  the  seeds  of  disease 
in  many  of  the  prisoners.  On  entering  the  Fort,  Captain 
S.  (like  all  who  were  its  inmates)  was  divested  of  his  money, 
arms,  and  valuables.  He  was  permitted  to  join  a  mess  of 
other  prisoners,  who  had  two  meals  served  each  day,  for 
which  they  paid  one  dollar  each  per  diem.  The  prisoner 
who  had  no  money  fared  badly.  "  The  food,"  says  Captain 
Shields,  "  which,  if  well  cooked,  would  have  been  wholesome 
and  sufficient,  was  wretchedly  served  up  by  the  same  inex- 
perienced recruits  who  guarded  the  Fort."  About  the  first 
of  November  an  order  came  to  remove  tlie  state  prisoners 
to  Fort  Warren,  in  Boston  Harbor.  Many  rejoiced  at  the 
change,  as  that  Fort  was  known  to  be  larger,  the  accommo- 
dations for  quarters  better,  and  because  Colonel  Justin  Dimick, 
an  old  officer,  was  known  to  be  a  Christian  and  a  gentle- 
man, as  well  as  a  thorough  soldier. 

We  again  quote  from  Captain  S. :  "  We  bade  adieu  to  Fort 


CAPTAIN    II.    L.  SHIELDS. 


Lafayette  in  the  morning,  and,  after  hours  of  unnecessarj 
delay,  we  re-embarked  at  Fort  Columbus,  on  board  the 
steamer  'State  of  Maine.'  On  this  boat,  which  years  before 
was  considered  unseaworthy  and  unsafe  in  a  gale,  without 
accommodations  for  sleeping  and  no  preparations  for  feeding 
so  many  men,  were  huddled  together  about  one  hundred 
*  state  prisoners,'  several  hundred  military  prisoners,  and 
United  States  troops  as  a  guard.  Fortunately  the  weather 
was  propitious,  and  on  the  evening  of  the  third  day  we  landed 
on  the  wharf  at  Fort  Warren.  General  Dimick  and  his  com- 
mand (a  Massachusetts  regiment)  did,  apparently,  all  they 
could  to  make  us  comfortable,  although  he  had  been  in- 
structed to  prepare  for  only  one  hundred  4  state  prisoners.' 
At  Fort  Warren  more  liberty  was  granted  us  for  exercise, 
and  the  fare  was  vastly  better,  while  General  D.  was  at  al] 
times  approachable,  and  anxious  to  do  all  he  could,  consistent 
with  safety,  to  make  us  comfortable." 

Captain  Shields  was  discharged  from  the  Fort  without 
trial,  and  is  still  ignorant  of  the  charge  upon  which  he  was 
arrested  and  imprisoned.  All  the  money  he  had  handed 
over  to  the  commandant  at  Fort  Lafayette  was  "  absorbed 
in  some  way,"  and  but  for  the  kindness  of  General  Dimick 
in  furnishing  him  with  funds  with  which  to  reach  his  home, 
he  would  have  been  a  sojourner  in  Boston,  among  strangers, 
and  without  money  or  friends. 

It  will  be  perceived  by  this  unjust  imprisonment  of  Cap* 
tain  Shields,  that  it  made  no  difference  with  the  Adminis- 
tration of  Mr.  Lincoln  in  what  capacity  a  man  had  served 
his  country ;  if  he  did  not  openly  support  the  "  Government," 
he  was  at  the  mercy  of  spies,  informers,  and  United  Statest 
Marshals,  whose  actions  were  always  indorsed  by  the  Admin- 
istration, whether  right  or  wrong. 


WARRKN*  J.  REED. 


ARRE1ST  J.  REED  was  born  near  the  village  of  White- 
lysburg,  in  Kent  County,  Delaware,  on  the  2 2d  day 
of  August,  1836.  His  father  dying  when  the  subject  of  this 
sketch  was  but  fourteen  years  of  age,  and  he  being  cast 
upon  the  world  so  young  and  destitute  of  means,  ^iis  edu- 
cation was  necessarily  limited.  At  his  majority  he  engaged 
in  business  on  his  own  account  in  his  native  village,  which 
proved  unprofitable  for  the  young  merchant  after  a  continu 
ance  of  three  years. 

Having  diligently  applied  himself  to  study  during  his 
leisure  hours,  his  mind  was  much  improved,  and  an  oppor- 
tunity presenting  itself,  he  commenced  teaching  school,  and 
was  thus  employed  at  the  time  of  his  arrest.  At  the  breaking 
out  of  the  late  war,  he  was  commissioned,  by  Governor  Bur- 
ton, Justice  of  the  Peace  for  Murderkill  Hundred,  Kent 
County. 

Having  from  his  youth  taken  an  active  part  in  politics,  being 
a  firm  advocate  of  the  State  Rights  doctrine  as  enunciated  by 
Jefferson,  his  outspoken  defence  of  free  speech  and  his  bold 
denunciation  of  the  tyrannical  arrests  of  the  Administration 
made  him  obnoxious  to  the  Radicals  of  Delaware ;  and  his 
galling  invectives  against  their  little  co-workers  in  that 
State,  furnished  a  sufficient  pretext,  if  any  were  needed,  for 
his  arrest,  which  took  place  in  September,  1862.  He  was  at 
the  time  teaching  school  in  Murderkill  Hundred.  During 
school-hours,  two  men  —  a  Sergeant  Johnson,  of  ISTew  York, 
and  a  Mr.  Ilelverson,  a  private  soldier  in  a  Delaware  regi- 
ment—  stepped  into  the  school-room  and  inquired  if  Mr. 
Reed  was  present.  When  informed  that  he  was,  they  pro- 
ceeded to  make  known  their  business,  by  first  displaying 
their  arms  —  the  one  a  sabre  and  musket,  the  other  a  rcvol- 
rcr.    Then  informing  him  that  he  was  their  prisoner,  they 

lliH 


WARREN    J.  REED. 


ICS 


ordered  him  to  immediately  dismiss  the  school.  Permission 
to  visit  his  home  that  he  might  obtain  some  money  and  ne- 
cessary articles  was  refused  him,  although  the  distance  was 
only  a  mile. 

He  was  then  quickly  placed  in  a  carriage  and  hurriedly 
driven  to  Felton  Station,  on  the  Delaware  Railroad.  Arriving 
there,  they  conducted  him  to  a  hotel,  with  the  intention  of 
placing  him  in  close  confinement ;  but  upon  the  intercession 
of  some  friends,  this  rigorous  treatment  was  so  far  mitigated 
as  to  permit  him  to  remain  in  a  room  below,  with  a  soldier 
by  his  side.  When  the  Wilmington  train  arrived  he  was 
placed  on  it,  and  one  of  the  soldiers  who  had  made  the  arrest 
took  a  seat  beside  him,  while  the  other,  who  had  been  joined 
by  a  companion,  took  his  seat  in  the  rear. 

Arriving  at  Wilmington  at  9  o'clock  p.m.,  he  was  taken 
from  the  train  by  a  squad  of  soldiers  and  marched  through 
several  streets  to  a  hotel,  where  he  was  placed  in  a  small, 
filthy  room  in  the  fourth  story,  the  door  carefully  locked, 
and  a  squad  of  soldiers  placed  in  the  passage-way.  After 
these  precautions,  the  prisoner  was  deemed  safe  for  the  night. 
Safe  he  might  be,  but  as  for  sleep,  he  could  obtain  none,  the 
bedbugs  and  fleas  having  taken  undisputed  possession  of  the 
room.  They  considered  their  right  prior  to  his,  and  looking 
upon  him  as  an  intruder,  prepared  to  welcome  him  in  any 
other  than  a  complaisant  manner.  They  immediately  com- 
menced an  attack  upon  him,  in  which  they  battled  earnestly 
for  their  rights,  stoutly  contending  for  every  inch  of  territory 
until  daylight,  when  they  retired  in  good  order,  expecting 
to  renew  the  attack  the  next  night.  The  soldiers,  too,  were 
in  the  passage,  engaged  in  frequent  broils,  mingled  with  oaths, 
which  sounded  hideously  during  the  long  hours  of  the  night. 
Morning  came  at  last,  and  with  it  some  relief.  Breakfast 
was  furnished  the  prisoner  about  7  o'clock  a.m.,  of  which  he 
was  much  in  need. 

Soon  after,  he  was  taken  into  the  presence  of  Colone"  A.  II. 
Grhusliaw,  commanding  a  Delaware  regiment,  a  man  of  low 
and  sordid  nature,  who,  feeling  that  he  was  41  dressed  hi  a 


170 


AMERICAN  BASTILE. 


little  brief  authority,"  determined  to  display  it.  The  prisoner, 
supposing  that  he  was  to  have  a  trial,  demanded  the  charges 
against  him,  and  was  informed  by  the  petit  Colonel,  in  a  voice 
scarcely  audible,  that  it  was  all  right,  or  something  like  that. 

Mr.  Reed  wondered  if  he  were  still  in  the  Diamond  State 
of  Delaware,  or  had  been  transported  to  Turkey,  and  whether 
he  was  in  the  presence  of  an  United  States  officer,  or  a 
Cadi  of  Constantinople.  The  proceedings  seemed  to  favor 
the  latter,  as  the  laws  of  Delaware  accord  to  every  accused 
person  an  examination,  face  to  face  with  his  accusers,  the 
privilege  of  counsel  for  his  defence,  compulsory  process  for 
obtaining  witnesses  in  his  favor,  and  a  speedy  and  impartial 
trial  by  a  jury  of  his  peers;  all  of  which  were  violated  in  his 
person.  Instead  of  a  trial,  he  was  commanded  to  stand  against 
the  wall,  and  there  underwent  the  formula  similar  to  that 
practised  on  all  condemned  culprits,  namely,  the  registering 
of  his  height,  color  of  eyes,  hair,  complexion,  occupation, 
age,  residence,  etc.,  which  was  done  with  the  greatest  preci- 
sion. "While  anxiously  waiting  to  see  what  the  next  thing 
would  he,  his  ears  were  greeted  with  the  cry  from  the  out- 
side of  the  building,  "All  ready!"  which  being  responded 
to  in  the  affirmative,  he,  with  two  others  of  the  prisoners, 
was  placed  in  a  carriage  and  started  for  where  they  knew 
not,  until  their  arrival  at  Delaware  City,  at  about  2  o'clock 
p.m.,  when  all  doubt  as  to  their  destination  was  removed. 
As  a  special  act  of  kindness,  they  were  permitted  to  obtain 
some  food  at  the  hotel,  after  which  a  small  boat  was  obtained, 
and  the  order  given  to  take  them  across  the  channel  to  the 
Fort. 

The  wind  was  blowing  hard  at  the  time,  and  the  water 
was  so  rough  that  the  boatmen  deemed  the  passage  too  dan- 
gerous to  attempt,  and  did  not  wish  to  go. 

But  the  officer  in  command  ruled  otherwise,  and  Mr.  Reed 
and  three  or  four  others  were  placed  in  the  boat  and  passed 
safely  over  to  the  Fort,  where  they  arrived  about  dark,  and 
were  immediately  ushered  into  the  headquarters  of  the  com- 
mandant, Major  H.  S.  Burton,  a  gentlemanly  officer,  who  in 


WARREN    J.  REED. 


171 


a  few  weeks  after  was  relieved  of  his  command  for  strictly 
obeying  orders  from  "Washington,  as  will  be  seen  in  the 
sequel.  The  Major  not  being  in  the  Fort  at  the  time,  the 
command  devolved  upon  a  subordinate  officer,  who  placed 
them  in  a  room  about  forty  feet  in  length,  by  twenty  feet  in 
breadth,  in  the  second  story  of  the  barrack,  with  a  guard  at 
the  door. 

It  being  bedtime,  they  lay  down  on  the  floor.  Mr.  Reed 
was  fortunate  enough  to  find  a  small  piece  of  broken  box, 
which  answered  for  a  pillow,  and,  with  no  covering  save  the 
clothing  he  wore,  fell  asleep  from  sheer  exhaustion.  Awak- 
ing at  daybreak,  before  the  rest  of  the  prisoners  were  astir, 
he  arose  and  took  a  survey  of  the  room.  Here  burst  upon 
his  view  a  sight  never,  it  is  to  be  hoped,  again  to  meet  the 
eyes  of  an  American  citizen.  Stretched  lengthwise  upon  the 
floor  lay  three  rows  of  prisoners,  each  covered  with  his 
blanket.  That  made  his  bed.  In  all  there  were  about  twenty- 
five  or  thirty  men — American  freemen.  They  were  all  politi- 
cal prisoners.  Not  one  of  them  had  had  a  trial  or  was  even 
charged  with  a  crime.  All  were  the  victims  of  despotic 
power.  He  stood  for  some  time  contemplating  the  scene 
before  him,  and  finally  sat  down,  and,  like  Ludlow  and  Syd- 
ney, mourned  the  lost  liberties  of  his  country. 

The  walls  of  the  room  had  been  plastered  but  a  short 
time  previously,  which,  considering  the  chill  air  of  September 
and  October  without  fire,  made  the  situation  of  the  prisoners, 
Dot  only  uncomfortable,  but  unhealthy. 

At  meal-times  they  were  marched  about  two  hundred  yards 
to  an  old  tent,  where  the  Confederate  prisoners  were  fed,  and 
sometimes  the  march  was  scarcely  necessary,  as  upon  several 
occasions  they  were  handed  only  a  slice  of  bread  in  the 
oiorning,  with  neither  meat  nor  coffee,  and  compelled  to  sub- 
sist upon  that  the  whole  day. 

At  other  times  they  received  in  addition,  for  dinner,  a  tin- 
cup  of  bean-water,  in  many  instances  not  having  a  single  bean 
or  any  other  vegetable  in  it.    This  food,  to  men  accustomed  to 


172 


AMERICA  N  BASTILE. 


the  comforts  of  home  and  of  substantial  living,  was  starvation 
diet,  and  all  the  prisoners  showed  the  effects  of  it. 

After  nearly  a  month  of  confinement  in  the  Fort,  Mr. 
Reed  was  discharged  through  the  intercession  of  his  friends 
^  hose  frequent  applications  for  his  release,  to  the  Secretary 
of  War,  Edwin  M.  Stanton,  at  last  induced  that  official  to 
issue  an  order  for  his  discharge.  At  the  same  time,  George 
P.  Fisher,  a  Eepresentative  of  the  State  of  Delaware,  but 
now  on  the  bench  of  the  Supreme  Court  of  the  District  of 
Columbia,  together  with  the  enrolling  officer,  John  Green, 
and  two  other  persons,  addressed  letters  to  Major  Burton, 
imploring  him  to  hold  the  prisoner  at  all  hazards  and  upon 
their  responsibility,  until  they  could  get  the  order  for  his 
release  rescinded,  assigning  as  a  reason  that  the  election  was 
oear  at  hand,  and  they  deemed  it  absolutely  necessary  that 
he  be  detained,  as  his  release  would  have  a  damaging  effect. 
Major  Burton  paid  no  attention  to  their  request,  but  released 
Mr.  Reed,  and  for  his  temerity  was,  on  the  Monday  following 
relieved  of  the  command  of  the  Fort,  and  not  given  another 
for  fifteen  months. 

Mr.  Reed  arrived  at  home  on  Sunday  morning,  having 
been  confined  nearly  a  month,  much  to  the  detriment  of  his 
health.  Being  arrested  to  gratify  the  malice  of  his  political 
enemies,  and  having  been  foiled  in  their  attempt  to  keep  him 
incarcerated,  it  is  not  to  be  supposed  that  party  vengeance 
would  stop  at  one  outrage. 

Kor  did  it.  In  June,  1863,  while  at  dinner,  he  was  again 
made  prisoner  by  a  detachment  of  eight  cavalrymen,  com- 
manded by  Sergeant  Wilson,  and  acting  under  orders  of 
Colonel  Edwin  Wilmer —  since  convicted  of  appropriating  to 
his  private  purposes  the  moneys  paid  by  drafted  men  for 
procuring  substitutes,  and  sentenced  to  the  Albany  State  Pen- 
itentiary for  ten  years;  but  the  sentence  never  having  been 
carried  into  execution,  he  is  now  living  in  luxury  in  Wil- 
mington, Delaware. 

At  the  time  of  his  second  arrest,  he,  together  with'  his 
family,  was  grossly  '.nsulted.    The  officer  in  command  of 


WAKREN    J.  REED. 


173 


the  squad  remarked  that,  if  he  had  his  way,  he  would  hang 
all  such  men,  and  several  other  remarks  of  a  similar  nature. 

Mr  Reed  was  taken  to  the  Fulton  Station,  and  was  com- 
pelled to  walk  by  the  side  of  the  cavalrymen,  until  a  friend 
kindly  took  him  in  his  carriage.  At  the  Station  he  was 
placed  under  guard  until  the  train  arrived,  and  was  after- 
ward conveyed  to  Smyrna,  the  headquarters  of  Colonel 
Wilmer.  At  Smyrna  he  marched  through  the  streets,  which 
was  very  fatiguing,  as  the  day  was  quite  warm,  and  placed 
in  a  small  dirty  room,  in  the  old  Quaker  church,  which  had 
not  been  used  for  years,  and  consequently  contained  its  accu- 
mulation of  filth.  Here  he  spent  the  night,  with  nothing  to 
lie  upon,  or  anything  necessary  for  his  comfort,  nor  did  he  re« 
oeive  any  of  the  necessary  articles  until  some  friends  kindly 
furnished  them.  lie  was  refused  the  privilege  of  going  out 
to  attend  the  calls  of  nature  during  his  confinement  of  eight 
weeks,  his  door  being  constantly  guarded  by  a  soldier  with 
a  drawn  sabre. 

At  the  expiration  of  the  above-mentioned  period,  he  was 
taken  into  the  office  of  Colonel  Wilmer,  and  questioned  as 
to  his  political  opinions,  and  was  told  that  he  could  go  home, 
as  there  was  no  charge  against  him ;  thus  clearly  proving  that 
both  were  partisan  arrests. 

Mr.  Reed  still  holds  the  office  of  Justice  of  the  Peace,  and 
is  also  Notary  Public  and  Commissioner  of  Deeds.  He  is 
again  in  the  mercantile  business,  with  fair  prospects  of  suc- 
cess. Being  a  sober  and  steady  young  man,  energetic  in 
business  and  courteous  in  demeanor,  he  is  held  in  high  esti 
mation  by  his  neighbors. 


ISRAEL  BLASTCHARD. 


TSR  AEL  BLANCHARD  was  born  on  the  4th  day  of  June, 

*-  1825,  near  Mount  Morris,  Livingston  County,  New  York. 
At  the  age  of  seventeen  he  commenced  the  study  of  medicine 
m  his  father's  office,  near  Buffalo.  He  graduated  and  received 
the  degree  of  M.D.  from  the  Botanic  Medical  College  of  Cin- 
cinnati, Ohio,  in  February,  1847.  On  his  return  from  college 
he  commenced  the  practice  of  medicine  in  Erie  County,  New 
York,  in  which  he  continued  until  the  spring  of  1850,  when, 
in  company  with  many  others,  he  left  his  home  with  the  in- 
tention of  going  to  California,  by  the  Texas  overland  route. 
Soon  after  arriving  in  Texas,  he  was  taken  violently  ill  with 
inflammatory  rheumatism,  which  prevented  him  from  travel- 
ling for  the  ensuing  few  months.  Upon  his  recovery,  (his 
companions  having  all  left  him,)  he  remained  in  Texas  until 
1852,  when  he  left  that  State,  and  settled  in  the  town  of 
Carbondale,  Jackson  County,  Illinois. 

Here  he  resumed  the  practice  of  his  profession,  which  he 
continued  until  the  fall  of  1860.  At  that  time,  owing  to 
general  debility,  induced  by  the  arduous  labors  of  his  profes- 
sion, he  removed  to  Murphysboro',  the  county  seat  of  Jackson 
County,  Illinois,  and  commenced  the  study  of  the  law. 

The  following  spring  he  was  admitted  to  the  bar,  and  has 
since  continued  to  practise  in  that  profession  with  ability  and 
success.  During  the  summer  of  1861  the  clamor  of  war  re- 
Bounded  through  the  land.  The  city  of  Cairo  was  filled  with 
Federal  troops ;  Big  Muddy  Bridge,  on  the  Illinois  Central 
Railroad,  in  Jackson  County,  was  strongly  guarded,  and  vol- 
unteers by  the  thousands  were  rushing  forward  to  fill  up  the 
ranks  of  the  Federal  army.  The  18th  Regiment  of  Illinois 
Volunteers,  known  as  the  "  infamous  18th,"  was  then  sta- 

174 


ISRAEL  BLANCHARD, 


175 


tioned  at  the  town  of  Anna,  on  the  Illinois  Central  Railroad. 
This  regiment  afterward  became  notorious  for  its  robberies 
and  murders  of  women  and  children. 

In  August,  1862,  while  riding  in  his  baggy,  in  the  streets 
of  Carbondale,  Illinois,  he  was  met  by  five  men,  who  pre- 
sented cocked  revolvers  at  his  head,  and  commanded  him  to 
surrender.  Considering  discretion  the  better  part  of  valor, 
he  did  so,  and  was  taken  into  custody. 

When  the  Captain  of  the  squad  who  had  thus  unceremo- 
niously arrested  him,  was  asked  by  Blan chard  to  show  his 
authority  for  the  arrest,  he  pulled  out  his  revolver,  presented 
it  at  his  head,  and  replied :  "  There  is  my  authority."  He  was 
then  taken  to  Big  Muddy  Bridge  and  placed  in  the  guard- 
house, to  await  the  Cairo  train,  which  passed  down  at  dark. 

Immediately  a  despatch  was  sent  to  the  Colonel  of  the  18th 
Regiment,  stationed  at  Anna,  twenty-five  miles  distant, 
stating  that  Blanchard  was  in  custody,  and  would  pass  on 
the  ten-o'clock  down  train. 

When  the  train  arrived  at  Big  Muddy  Bridge,  Blanchard, 
with  a  guard  of  five  men,  was  placed  on  it  for  Cairo.  At 
ten  o'clock  the  train  arrived,  and  stopped  at  Anna.  The  18th 
Regiment  was  drawn  up  in  line  on  the  platform  of  the  depot. 
When  the  train  stopped  they  gave  three  cheers  for  General 
Prentiss,  and  immediately  afterward  three  groans  for  Dr. 
Blanchard. 

The  cry  was  then  raised,  "Take  Blanchard  out  and  hang 
him  J1  Some  of  the  soldiers  attempted  to  enter  the  car,  but 
were  prevented  by  the  conductor  telling  them  that  Blanchard 
was  in  the  forward  car.  A  rush  was  then  made  for  the  for- 
ward car,  but  not  finding  him  there,  they  were  returning  to 
the  rear  car,  when  the  train  started.  As  the  train  moved 
off,  the  windows  of  the  rear  car  were  smashed  in,  but  the 
guard  presented  bayonets,  and  thus  prevented  the  soldiers 
from  clambering  in  the  windows  until  the  cars  were  beyond 
their  reach.  The  prisoner  was  then  taken  to  Cairo  and 
handed  over  to  General  Prentiss,  who,  after  exacting  and 
receiving  his  parole  of  honor  that  he  would  not  escape, 


176 


AMERICAN  BASTILE. 


allowed  liim  the  privilege  of  the  city,  and  required  him  to 
report  at  his  office  every  day,  until  witnesses*  could  be  sum 
moned  against  him. 

Blanchard  was  kept  at  Cairo  four  days,  when  all  the  wit- 
nesses which  had  been  summoned  against  him  having  ap- 
peared, an  examination  was  had  before  General  Prentiss. 

The  charges  preferred  were,  that  he  had  spoken  disrespect- 
fully of  President  Lincoln,  discouraged  enlistment,  and  at- 
tempted to  raise  a  company  to  burn  Big  Muddy  Bridge. 

To  the  first  charge  he  pleaded  "guilty"  but  denied  the 
others.  Witnesses  were  examined  who  swore  that  his  con- 
versation had  a  tendency  to  discourage  enlistments. 

"Whereupon  General  Prentiss  sent  him  in  charge  of  a  lieu- 
tenant to  the  United  States  Marshal  at  Springfield,  Illinois. 

The  Marshal  refused  to  receive  him,  and  returned  him 
under  guard  to  General  Prentiss  at  Cairo.  He  was  then 
immediately  liberated  by  the  General  and  sent  home,  where 
he  remained,  continuing  the  practice  of  the  law  until  his 
second  arrest. 

In  the  latter  part  of  July,  1863,  while  walking  the  streets 
of  Murphysboro',  he  was  accosted  by  a  man  in  the  uniform 
of  a  captain  of  volunteers,  who  inquired  if  his  name  was 
Blanchard.  Being  answered  in  the  affirmative,  the  captaiD 
requested  him  to  accompany  him  to  the  hotel,  which  he  did. 
Upon  entering  the  bar-room  of  the  hotel  he  was  surrounded 
by  five  men,  having  muskets  with  fixed  bayonets. 

The  captain  then  informed  him  that  he  had  been  ordered 
by  the  United  States  Marshal  to  arrest  and  convey  him  to 
Centralia  on  the  next  day;  that  it  was  a  very  unpleasant 
duty  to  perform,  but  he  was  bound  to  obey  "  orders." 

Upon  signifying  his  readiness  to  accompany  the  officer  he 
was  allowed  an  hour  in  which  to  prepare  for  his  departure. 

At  the  expiration  of  that  time,  all  being  in  readiness,  he 
was  taken  in  a  carriage  to  Carbondale,  and  thence  to  De 
Soto,  on  a  hand-car.  Here  the  captain  allowed  him  to  remain 
on  parole  over  night,  to  meet  him  at  the  train  at  six  o'clock 
n  the  morning.    He  met  the  officer  punctually  and  went 


ISRAEL  BLANCHARD, 


177 


with  him  to  Centralia.  While  in  the  custody  of  this  officer, 
Captain  Howard,  he  was  treated  in  the  most  gentlemanly 
manner.  At  Centralia  he  was  delivered  over  to  one  Major 
Board,  Deputy  United  States  Marshal,  who  immediately  con- 
fined him  in  a  room  with  some  ten  or  twelve  other  prisoners, 
to  await  the  arrival  of  the  Springfield  train. 

"When  the  train  was  heard  approaching,  handcuffs  were 
produced,  the  prisoners  driven  into  one  corner  of  the  room, 
surrounded  by  a  squad  of  soldiers  with  fixed  bayonets,  and 
handcuffed  like  convicted  felons.  They  were  then  placed  in 
a  private  car  and  taken  to  the  camp  at  Springfield,  where 
they  were  detained  for  two  days. 

After  the  expiration  of  two  days,  United  States  Marshal 
D.  S.  Phillips  appeared,  took  Dr.  Blanchard,  and  several 
others,  and  put  them  on  a  train  and  started  for  Washington ; 
where,  on  their  arrival,  they  were  immediately  consigned  to 
the  Old  Capitol  prison. 

Here  he  remained  for  six  weeks.  Mr.  Wood,  the  superin- 
tendent of  the  prison,  generally  treated  his  prisoners  well, 
with  the  exception  of  fare.  After  he  had  been  incarcerated 
about  three  weeks,  the  Illinois  prisoners  (about  twenty  in 
number)  were  placed  in  a  room  to  themselves,  and  allowed  to 
buy  their  own  provisions. 

From  that  period  until  the  Illinois  prisoners  were  dis- 
charged, they  passed  their  time  as  well  as  men  could  who 
were  kept  in  close  confinement. 

After  having  been  imprisoned  for  six  weeks,  Blanchard,  in 
company  with  five  others,  was  taken  before  the  Judge  Ad- 
vocate, when  the  following  conversation  ensued : 

Judge  Advocate.    What  is  your  name? 
Answer.    Israel  Blanchard. 
J udge  Advocate.    Where  are  you  from  ? 
Answer.    From  Illinois. 

Judge  Advocate.    What  are  you  in  prison  for? 
Answer.   I  do  not  know. 

The  Judge  then  arose,  went  to  a  desk,  and  took  out  a 

12 


178 


AMERICAN  BASTILE. 


bundle  of  papers,  and  after  looking  over  them,  again  turned 
to  the  prisoners: 

Judge  Advocate.  Do  you  belong  to  the  Knights  of  the 
Golden  Circle? 

Answer.    I  am  not  acquainted  with  any  such  organization. 
Judge  Advocate.    Have  you  ever  belonged  to  any  secret  or- 
ganization ? 

Answer.  I  have  belonged  to  the  Odd  Fellows,  and  the  Sons 
of  Temperance,  and  I  once  joined  something  that  was  calhd  the 
Know-Nothings. 

Judge  Advocate.  I  do  not  mean  that:  do  you  belong  to  any 
political  organization. 

Answer.    I  do :  I  belong  to  the  Democratic  organization. 

Judge  Advocate.    Where  do  you  meet  ? 

Answer.  We  usually  meet  at  the  Court  House,  in  Murphys- 
boro',  Illinois. 

Judge  Advocate.    Do  you  meet  at  night,  or  in  the  daytime? 
Answer.    Sometimes  we  meet  at  night,  and  sometimes  in  day- 
time. 

Judge  Advocate.    Do  you  have  any  secret  signs  or  pass- 
words by  which  yo\x  are  admitted  ? 
Answer.    We  have  none. 

Judge  Advocate.    What  do  you  do  there  when  you  meet  ? 

Answer.  We  appoint  committees  for  different  purposes,  at- 
tend to  our  own  political  business,  and  concoct  measures  to  beal 
the  Republicans  at  the  election. 

Judge  Advocate.  Were  you,  in  June  last,  at  a  meeting  of  tht 
Golden  Circle,  near  Pinckneyville,  Perry  County,  Illinois? 

Answer.  I  was  not ;  I  have  not  been  in  Perry  County  in  two 
years,  except  to  pass  through  it  on  the  cars. 

Question  by  Blanchard.  Judge,  I  would  like  to  see  those 
papers,  or  would  like  to  have  you  tell  me  who  has  made  com- 
plaint against  me,  and  what  the  charges  are? 

Answer  by  Judge  Advocate.  We  have  made  it  a  rulo  not 
to  let  prisoners  see  the  papers  filed  against  them,  ncr  to  tell  them 
who  made  complaint  against  them,  or  what  the  charges  are,  as 
it  might  lead  to  unpleasant  consequences  hereafter. 

This  ended  the  examination,  and  he  was  immediately  dis- 


ISRAEL  BLANCHARD. 


179 


charged,  without  knowing  why  he  was  arrested  and  im- 
prisoned, what  the  charges  were  against  him,  or  who  made 
them,  if  any  were  ever  made.  He  was  furnished  with  trans- 
portation, and  permitted  to  return  home. 

Arriving  at  home,  he  was  immediately  nominated  by  the 
Democratic  party  for  State  Senator,  for  the  Third  Senatorial 
District  of  the  State  of  Illinois,  and  was  in  the  following 
November  elected  by  3,000  majority. 

On  the  first  Monday  of  January,  1864,  he  took  his  seat  in 
the  State  Senate,  and  served  the  people  well  and  faithfully 
during  that  stormy  session  of  the  Illinois  Legislature.  After 
the  close  of  the  session,  in  March,  1864,  he  returned  to  his 
home  at  Murphysboro',  Illinois,  where  he  is  busily  engaged 
in  the  practice  of  his  profession,  and  still  continues  to  be  a 
sterling  advocate  of  the  principles  of  Liberty  and  Free  Gov- 
enrment 


DENNIS  IIICKEY. 


MONG  the  many  other  victims  of  despotism  confined  In 


Fort  Lafayette  was  a  poor  Irishman,  named  Dennis 
Hickey. 

He  was  apprehended  in  his  potato  patch,  in  Chester  County, 
Pennsylvania.  He  was  not  permitted  to  go  to  his  house  in 
order  to  procure  a  decent  suit  of  clothes ;  but  was  taken  in 
his  dirty  and  torn  shirt  and  pants,  and  crownless  old  straw- 
hat,  and  lodged  in  Fort  Lafayette  as  a  political  prisoner. 
Poor  fellow  !  he  seemed  to  feel  that  he  was  like  a  "  cat  in  a 
strange  garret."  The  idea  that  this  poor  laboring-man  could 
be  dangerous  to  an  Administration  with  nearly  a  million  of 
3oldiers,  seemed  more  like  one  of  Lincoln's  jokes  than  a  real- 
ity. The  charge  against  him  was,  that  he  would  not  turn 
informer  upon  his  Democratic  neighbors. 

It  seems  that  some  Republicans  in  his  neighborhood  wished 
to  find  evidence  that  certain  Democrats  in  that  locality  had 
discouraged  enlistments.  They  wanted  Dennis  Hickey  to 
tell  what  he  knew  about  them.  U  J  did  not  come  to  this 
country  to  turn  informer"  was  his  indignant  answer ;  and  for 
this  honest,  manly,  Irish  sentiment  he  was  seized,  and  con- 
signed to  Fort  Lafayette. 

The  other  prisoners  sympathized  deeply  with  poor  Dennis, 
and  contributed  from  their  own  clothing  to  dress  him  in  a 
decent  suit  until  he  could  supply  himself  from  home.  After 
some  six  weeks  of  confinement  in  the  Fort,  without  any 
trial,  Dennis  was  discharged  upon  taking  the  oath,  or  as  it 
t^as  called  in  the  Fort,  "kissing  Lincoln's  great  toe." 

The  following  letter,  written  by  Mrs.  Dennis  Hickey  to 
her  husband,  while  he  was  a  prisoner  in  Fort  Lafayette,  re- 
reals  the  position  and  honest  character  of  poor  Hickey,  and 


180 


DENNIS  HICKEY. 


181 


the  insufficiency  of  the  reasons  assigned  for  his  arrest.  It  ia 
as  follows : 

"New  London,  Sept.  21,  1862. 
"Dear  Dennis:  I  take  the  present  opportunity  of  writing 
these  few  lines  to  you,  hoping  that  they  may  find  you  as  well  as 
they  leave  me  and  the  children.  Thanks  to  God,  I  received  your 
first  letter  on  the  5th,  and  was  glad  to  hear  that  you  were  alive. 
Then  I  made  no  delay,  but  sent  you,  as  you  told  me,  John  MuL 
lin's  carpet-bag,  and  it  full  of  clothes,  and  a  letter  with  five  dol. 
lars.  I  sent  them  on  Monday,  the  8th,  by  express,  and  had  to 
pay  a  dollar  for  them.  I  was  full  sure  you  had  got  them  by  this 
time.  Eobert  Kelton  gave  me  a  receipt  for  them,  and  I  want 
you  to  get  some  one  to  see  if  they  are  there,  and  if  they  ain't, 
please  write  to  me  soon  again,  so  I  may  look  after  them.  I  did 
not  know  any  one  there  to  direct  in  care  of,  so  I  directed  them 
to  'Dennis  Hickey,  Fort  Lafayette/  Dear  Dennis,  I  was  very 
uneasy  then,  until  I  received  your  second  letter,  on  Saturday,  the 
20th,  which  gave  me  great  pleasure  to  know  that  you  were  still 
alive,  for  I  thought,  to  be  sure,  you  were  killed.  Dear  Dennis,  I 
cannot  tell  you  how  much  trouble  I  have  been  in  about  you, 
since  you  have  been  stole  away.  I  set  up  all  that  night  waiting 
for  you,  expecting  you  home,  and  as  soon  as  I  seen  the  first  peep 
of  day,  I  went  to  New  London  and  inquired  if  there  had  been 
such  men  there,  and  they  told  me  they  did  not  see  them.  I  was 
sure  they  had  taken  you  out  in  the  woods  somewhere  and  killed 
you,  until  Peter  Mungen  told  me  you  had  been  arrested,  and  was 
in  the  jail  of  Philadelphia  ;  but  I  did  not  know  what  it  was  for 
until  I  got  a  letter  from  one  of  the  officers  that  took  you,  stating 
that  you  had  been  arrested  by  order  of  the  War  Department,  and 
would  be  sent  to  "Washington.  I  was  told  that  they  were  very 
well  paid  for  stealing  you.  The  neighbors  were  opposed  to  your 
being  kidnapped  in  that  way.  Then  I  got  a  petition  wrote,  and 
the  neighbors  signed  that  —  allowing  that  they  had  never,  in 
conversation  with  you,  heard  you  say  anything  against  the 
North.  We  are  going  to  send  that  to  the  Commander-in-chief 
of  Fort  Lafayette.  The  enemies  have  put  it  in  the  paper  that 
you  abused  Joel  Conrad  when  he  came  to  enroll  your  name;  but 
Joel  Conrad  denied  that  in  the  paper,  and  said  that  Dennis 
Hickey  was  as  civil  a  man  as  he  met  with.    All  my  trouble  ia 


182 


AMERICAN  BASTILE. 


about  you,  that  I  do  not  know  how  you  are  treated  there.  Write 
to  me  as  soon  as  you  get  this,  and  tell  me  if  I  went  there  would 
I  be  allowed  to  see  you.  It  grieves  me  very  much  to  have  you 
taken  away  in  your  dirty  clothes;  and  did  you  not  get  any 
ohange  of  clothes  since  you  were  stole  away?  I  cannot  rest  and 
content  myself  and  have  you  be  there;  but  putting  my  trust  in 
Almighty  God  that  you  will  soon  be  home.  John  Mullin's  arm 
is  getting  better,  and  he  has  been  working  here  since  you  were 
stolen  away.  "We  got  the  potatoes  out,  and  Elijah  Thompson 
drilled  the  wheat  in  yesterday ;  Elijah  threshed  the  wheat  and 
the  oats.  The  neighbors  are  all  well.  Joel  Conrad,  James  Mich- 
ener,  and  a  good  many  others  have  gone  to  Harrisburg  and 
Chambersburg  at  the  call  of  the  Governor.  So  no  more  at 
present,  but  remain  yours  truly  until  death. 

"Ellen  Hickey." 

Can  anything  be  more  touching  and  truthful  than  this  re- 
cital of  wrongs  perpetrated  upon  these  poor  but  honest  peo- 
ple? Poor  woman,  well  might  she  think  that  her  husband, 
who  had  been  thus  ruthlessly  stolen  from  his  potato  patch, 
nad  been  "  kilt  intirely"  Shame  upon  an  Administration 
that  could  thus  invade  the  poor  man's  sanctuary  ! 


REV.  JUDSON  D.  BENEDICT. 


REV.  JUDSON  D.  BENEDICT  is  about  sixty-one  yea  re 
of  age,  of  fine  physical  and  intellectual  appearance.  He 
is  a  minister  of  the  Gospel,  of  the  Campbellite  persuasion, 
and  was  born  and  reared  in  the  State  of  Vermont.  He  had 
not  voted  for  fifteen  years  prior  to  his  arrest,  which  took 
place  at  his  residence  in  East  Aurora,  Erie  County,  New 
York,  September  2,  1862. 

On  Sunday,  the  31st  of  August,  he  preached  a  farewell 
sermon  to  his  congregation  at  Aurora,  which  numbered  some 
three  or  four  hundred  persons.  His  text  was  taken  from 
"Christ's  Sermon  on  the  Mount."  The  objectional  part 
of  the  sermon  was  the  fact,  that  he  had  given  it  as  his 
opinion  that  the  command  of  the  New  Testament  was  ex- 
plicit that  Christians  should  not  engage  in  wars  of  any  kind. 
He  referred  to  the  Constitution  of  the  State  of  New  York, 
which  granted  military  exemption  to  Quakers,  and  said  he 
saw  no  reason  why  his  brethren  should  not  obtain  like  im- 
munity. 

If  such  were  not  granted  in  the  case  of  a  draft,  he  advised 
his  brethren  not  to  resist  it,  but  rather,  as  law-abiding  citi- 
zens, to  submit  cheerfully  to  any  penalty  the  law  might  im- 
pose. He  said  that  there  was  no  binding  rule  of  the  church ; 
that  a  majority  of  its  members  held  a  different  opinion ;  and 
that  the  subject  was  one  for  every  man  to  decide  for  himself, 
according  to  his  understanding  of  the  word  of  God.  On 
Monday,  a  complaint  was  made  to  Deputy  Marshal  A.  G. 
Stevens,  that  Rev.  Mr.  Benedict  had  uttered  seditious  lan- 
i  guage  "tending  to  discourage  enlistments,"  and  requesting 
him  to  come  to  Aurora  and  obtain  the  proof. 

Mr.  Stevens  went  to  Aurora  on  Monday  night.    At  a 

1*3 


184 


AMERICAN  BASTILE. 


private  house  that  night  and  the  next  morning  he  took  the 
affidavits  of  four  persons,  neither  of  whom  were  memhers  of 
Mr.  B.'s  church.  The  contents  of  these  affidavits  are  to  this 
day  unknown,  the  Marshal  having  repeatedly  refused  to  fur 
nish  the  prisoner  or  his  counsel  with  copies  of  them.  During 
the  preceding  winter,  the  Eev.  George  B.  Cheever  preached 
a  sermon  at  the  Church  of  the  Pilgrims,  in  New  York,  to 
about  two  thousand  people,  and  published  the  same,  in  which 
he  insisted  that  the  policy  of  the  President,  in  prosecuting 
the  war,  was  to  restore  the  Union  as  it  was,  and  that,  if  suc- 
cessful, it  would  leave  slavery  unabolished ;  that  therefore  no 
.  Christian,  in  any  way,  could  give  aid  to  the  Administration 
in  the  prosecution  of  the  war  against  the  rebels,  without 
sinning  against  God.  Although  listened  to  by  many  leading 
citizens  who  favored  the  Administration,  and  disapproved 
by  them,  none  ever  thought  that  Mr.  Cheever  could  bo 
arrested  for  the  sentiments  he  had  expressed.  Yet  it  was  a 
strong  denunciation  of  the  war,  and  tended  more  toward 
discouraging  enlistments,  delivered  as  it  was  in  a  city,  and 
before  five  times  the  number  of  people,  than  any  sentiment 
contained  in  the  sermon  which  caused  the  arrest  of  Rev.  Mr. 
Benedict. 

On  the  supposed  evidence  contained  in  these  (mute)  affi- 
davits, Marshal  Stevens  arrested  Mr.  Benedict  at  his  resi- 
dence, before  breakfast,  on  Tuesday  morning,  September  2. 
He  took  him  to  Buffalo,  and  confined  him  in  the  guard- 
house at  Fort  Porter,  with  other  political  prisoners  as  com- 
panions in  tribulation.  Mr.  Benedict  says:  "One  was  a 
'  wild  Irishman,'  of  no  possible  utility  but  to  cut  bog  and 
consume  bad  whiskey ;  the  other,  an  old  German  of  some 
seventy  years  of  age,  who  could  not  speak  three  words  of  the 
English  language ;  and  the  third  a  crazy  man  by  the  name 
of  Ckrk,  whose  business  appeared  to  be  selling  1  wooden  nut- 
megs '  and  other  New  England  indispensables."  They  had 
all  been  arrested  for  "  using  language  tending  to  prevent 
enlistments." 

He  remained  immured  in  the  filthy  guard-house  until 


REV.    JUDSON    D.  BENEDICT. 


185 


W  ednesday  morning  at  11  o'clock,  without  having  food  or 
drink  offered  him.  At  noon  he  was  transferred  to  the 
county  jail,  by  order  of  the  Marshal.  During  the  transit, 
"handcuffs"  were  applied  to  the  other  prisoners,  but  he  was 
spared  the  indignity,  and  permitted  to  accompany  his  custo- 
dians without  wearing  Mr.  Stanton's  official  and  ornamental 
jewels. 

On  the  3d  of  September,  his  counsel,  Mr.  Albert  Sawin, 
of  Buffalo,  applied  to  several  Federal  officers  and  citizens  for 
letters  to  the  Secretary  of  War,  recommending  his  release. 
These  they  all  refused.  He  then  applied  to  Deputy  Marshal 
Stevens  for  a  like  recommendation.  The  Marshal  refused, 
saying  that  he  had  "  discretion  to  exercise  in  arresting,"  but 
that  he  had  "no  power  to  discharge."  Whereupon  Mr. 
Sawin  said  to  him,  "  but  the  War  Department,  upon  being 
advised  by  you  that  the  Government  would  be  strengthened 
by  his  discharge,  would  undoubtedly  be  governed  by  your 
opinion,  and  order  his  release." 

To  which  he  replied,  "  I  shall  make  no  such  recommenda- 
tion." 

The  question  here  arises,  "Should  a  man,  under  any  cir* 
cumstances,  do  that  which  conflicts  with  his  conscience  or  is 
against  good  morals."  If  a  superior  makes  an  order,  should 
an  inferior  obey  it  right  or  wrong?  Only  he  who  is  merce- 
nary in  all  the  affairs  of  life,  would  permit  his  integrity  to  be 
influenced  by  the  mandate  of  a  superior,  when  he  was  con- 
scious the  order  under  which  he  acted  was  contrary  to  his 
own  sense  of  justice. 

The  following  statement,  signed  by  a  large  number  of  the 
prominent  citizens  of  Aurora,  was  then  presented  to  Marshal 
Stevens.  The  loyalty  and  integrity  of  the  subscribers  were 
certified  to  by  Judges  Hall  and  Sheldon : 

"  We,  the  undersigned,  would  respectfully  represent  to  the 
proper  authorities,  (if  they  can  be  reached,)  that  we  are  pained  to 
learn  that  Eev.  J.  D.  Benedict  was  arrested  on  Tuesday  morning, 
for  preaching  a  sermon  in  Aurora,  on  Sunday  last,  which  sermon, 
it  is  alleged,  was  calculated  to  discourage  enlistments.    We,  the 


186 


AMERICAN  BASTILE. 


andorsigned,  attentively  listened 
such  construction  on  it. 
"  Aurora,  September  3,  1862. 

Gen.  Aaron  Riley, 
Horace  Hoyt, 
Daniel  D.  Stiles, 
Sabina  Potter, 
Alonzo  Havens, 
Harry  H.  Person, 
Nehemiah  Smith, 
Ephraim  Woodruff, 
Dorr  Spooner, 
Whipple  Spooner, 
Edward  Spooner, 


to  said  sermon,  and  can  put  no 


Robert  Person, 
Wm.  D.  Jones, 
Timothy  Paine, 
Wm.  B.  Paine, 
Isaiah  Phillips, 
Reynolds  Cole, 
John  P.  Wilson, 
Horace  Prentice, 
N.  A.  Turner, 
Jonathan  Smith, 
Hugh  Mintcn, 


together  with  numerous  ladies,  members  of  the  church  and 
congregation." 

Mr.  Sawin  further  inquired  of  the  Marshal,  "  Will  you 
certify  to  the  good  character  of  the  people  of  Aurora,  who 
have  signed  that  statement?"  This  he  obdurately  refused  to 
do.  He  then  applied  to  the  Supreme  Court  for  a  writ  of 
habeas  corpus,  which  was  refused  him  by  twro  of  the  three 
Judges  on  the  bench.  Judges  INoah  Davis,  of  Albion,  and 
James  G.  Hoyt,  of  Buffalo,  refusing  the  writ,  while  Judge 
Martin  Grover,  of  Angelica,  dissented.  He  then,  on  the 
same  day,  requested  Deputy  Marshal  Stevens  to  informally 
consent  to,  or  not  oppose  an  allowance  of  a  writ  of  habeas 
corpus  by  Judge  Hall,  for  the  sole  purpose  of  enabling  Mr. 
Benedict  to  give  bail;  that  he  could  give  bail,  to  the  amount 
of  $50,000,  to  comply  with  any  condition  the  Federal  officers 
might  impose.  Stevens  replied  he  would  consent  to  no  such 
thing,  and  he  would  "disobey  any  order  for  his  release  on  bail, 
which  Judge  Hall  might  make."  And  yet,  in  the  case  of  Mr. 
Barker,  of  Gowanda,  such  bail,  with  the  consent  of  a  Deputy 
Marshal  of  Buffalo,  had  been  given,  and  Barker  released. 
Mr.  Sawin  soon  after  had  an  interview  with  Marshal  Chase, 
who  proposed  that,  on  a  future  day,  witnesses  should  be  ex- 
amined on  both  sides,  before  a  Federal  commissioner,  in  tne 


HEV.    JUDSON    D.  BENEDICT. 


187 


regular  way,  by  examination  and  cross-examination  in  pub- 
lic, and  be  would  forward  tbeir  depositions  to  Washington. 
This  Mr.  Sawin  agreed  to,  and  on  the  day  fixed,  several 
men  and  women  who  heard  the  sermon  that  occasioned 
Mr.  Benedict's  arrest  appeared  as  witnesses.  But  instead 
of  being  examined  publicly,  Marshal  Chase  insisted  that 
the  affidavits  should  be  drawn  in  private ;  that  each  witness 
should  be  brought  to  his  private  room,  when  he  would  cross- 
examine  them  in  private,  which  might  be  written  down  as  a 
part  of  their  depositions.  This  was  agreed  to,  and  five  hours 
were  spent  by  the  prisoner'3  counsel  in  the  work.  When 
finished,  Marshal  Chase  said  that  he  might  forward  the 
papers,  and  he  would  write  to  the  Department,  recommend- 
ing the  restoration  of  the  prisonei  to  liberty. 

Mr.  Sawin  took  the  affidavits  drawn  by  Marshal  Chase, 
with  his  consent,  to  his  office,  and  directed  his  student  to 
copy  them.  In  about  fifteen  minutes  afterward,  and  during 
Mr.  Sawin's  absence,  Deputy  Marshal  Grant  entered  the  office 
and  said  to  his  student :  "  The  Marshal  has  sent  me  for  those 
depositions." 

The  latter  replied :  "I  am  copying  them." 

Grant  then  took  them  from  the  table  and  proceeded  to  the 
Marshal's  office,  accompanied  by  the  student,  Mr.  Miller, 
who  said  to  Stevens :  "I  am  copying  the  papers."  Stevens 
replied  "  there  was  no  use  of  copying  them,  and  Sawin  knew 
it ;  and  Sawin  could  not  make  any  damned  political  capital 
of  it.  I  want  the  papers  to  send  off  immediately,  and  if 
Sawin  wants  a  copy  of  them,  he  can  take  them  and  go  to  h — 1 
with  them."    But  he  nevertheless  retained  them. 

The  family  and  friends  of  Mr.  Benedict  waited  for  a  week 
after  this  for  word  from  Washington,  but  none  came.  The 
papers  of  Noah  B.  Clark,  who  had  been  committed  for  "  dis- 
couraging enlistments,"  had  been  forwarded  to  Washington 
by  the  United  States  Marshal  two  days  later,  and  he  was 
released. 

After  the  release  of  Clark,  and  being  unable  to  learn  that 
there  was  any  prospect  of  voluntary  action  on  the  part  of 


188 


AMERICAN  BASTILE. 


the  Marshal  or  the  Secretary  of  War  for  the  prisoner's  dis» 
charge,  Mr.  Sawin,  at  the  request  of  Mr.  Benedict's  family 
and  friends,  presented  the  papers  to  Judge  Hall  for  a  writ  of 

habeas  corpus. 

For  the  benefit  of  our  readers,  we  give  the  subjoined  copies 
of  such  papers,  together  with  the  writ  and  proof  of  service, 
the  return  of  Best  and  Stevens,  the  order  of  Judge  Hall  on 
Chase,  the  first  petition  for  a  writ  of  habeas  corpus,  and  the 
papers  accompanying  the  same : 

To  the  Hon.  Nathan  K.  Hall,  United  Stales  District  Judge  for 
the  Northern  District  of  New  York. 

"  The  petition  of  Judson  D.  Benedict  shows  : 

"  That  he  is  now  confined  and  restrained  of  his  liberty  in  tho 
jail  of  the  County  of  Erie,  by  William  F.  Best,  the  keeper  of 
said  jail. 

"  That  your  petitioner  is  not  committed  or  detained  by  virtue 
of  any  process  issued  by  any  Court  of  the  United  States,  or  any 
judge  thereof,  or  by  virtue  of  the  final  judgment  or  decree  of 
any  court,  or  by  virtue  of  any  process  of  any  kind  or  description. 

"  That  the  only  cause  of  such  detention  by  said  jailor  is  a 
paper  delivered  to  him  by  A.  G.  Stevens,  Deputy  United  States 
Marshal,  a  copy  of  which  is  hereto  annexed,  marked  schedule  (A). 

"  That  A.  G.  Stevens  arrested  your  petitioner  at  Aurora 
Tuesday  morning,  ihe  2d  of  September  inst.  All  he  said  to  youi 
petitioner  at  the  time  of  arrest  was:  'I  have  an  unpleasant  duty 
to  perform ;  I  have  come  to  arrest  you.  I  suppose  you  are  wil- 
ing to  go  with  me  without  opposition?'  Your  petitioner  re- 
plied, 'Most  certainly.'  Said  Stevens  then  took  deponent  to 
Fort  Porter,  and  left  him  there,  where  your  petitioner  stayed 
until  removed  to  jail. 

"  Said  Stevens  showed  no  paper  to  your  petitioner,  nor  did  he 
state  any  cause  for  such  arrest. 

"  Your  petitioner  has  neither  by  act  nor  speech  been  disloyal 
to  the  Constitution  or  laws  of  the  United  States,  or  been  guilty 
of  any  violation  of  any  order  of  the  War  Department,  or  of  the 
President  of  the  United  States,  or  been  guilty  of  any  offence  or 
act  subjecting  him  to  arrest. 

"That  your  petitioner  alleges,  that  such  arrest  and  imprison 


EEV.   JUDSON    D.  BENEDICT. 


189 


ment  are  illegal,  for  the  reason  that  he  has  not  been  charged  with 
any  offence  known  to  the  laws,  no  process  has  been  issued  by  any 
court  or  magistrate  for  his  arrest;  and  deponent  refers  to  an- 
nexed affidavit  of  Albert  Sawin,  his  counsel,  for  the  only  pretence 
for  his  arrest  given  by  the  United  States  Deputy  Marshal. 

"  Your  petitioner  therefore  prays  your  Honor  to  direct  and 
authorize  the  issuing  of  a  writ  of  habeas  corpus,  to  be  directed  to 
said  A.  G.  Stevens,  such  Deputy  Marshal  of  the  United  States, 
and  William  F.  Best,  aforesaid  jailor  of  the  County  of  Erie, 
directing  and  requiring  said  Deputy  United  States  Marshal  and 
said  jailor  to  produce  the  body  of  your  petitioner  before  your 
Honor,  that  the  cause  of  such  imprisonment  may  be  inquired 
into,  and  your  petitioner  may  be  set  at  liberty. 

(Signed)  J.  D.  Benedict." 

"  The  United  States  of  America,  ") 
The  Northern  District  of  New  York,  Vss. 

County  of  Erie.  ) 
s  Judson  D.  Benedict,  being  duly  sworn,  says  that  he  has  heard 
the  foregoing  petition  signed  by  him,  read,  and  knows  the  con- 
tents thereof,  and  the  same  is  true  of  his  own  knowledge. 

(Signed)  J.  D.  Benedict. 

"Sworn  to  before  me,  this  15th  day  of  September,  1862. 

(Signed)  P.  G.  Parker, 

U.  S.  Commissioner  for  Erie  Co." 

("A") 

"Marshal's  Office,  ) 
Buffalo,  September  2,  1862.  } 

"David  M.  Grant  will  take  from  Port  Porter,  Thomas  Cum- 
mings,  James  Parker,  Antoine  Quanliet,  Noah  B.  Clark,  and  Jared 
Benedict,  prisoners  confined  there,  committed  under  orders  of 
the  War  Department,  and  remove  them  to  the  Erie  County  jail 
for  safe-keeping,  and  there  detain  them  until  further  order,  and 
the  sheriff  or  jailor  of  said  county  will  keep  them,  until  further 
order,  in  said  jail. 

(Signed)  A.  G.  Stevens, 

U.  S.  Deputy  Marshal 

;<  To  Col.  E.  P.  Chapin,  and  the 

Sheriff  and  Jailor  of  Erie  County." 


190 


AMERICAN  BASTILE. 


"  United  States  of  America,  ") 
Northern  District  of  New  York,    [  ss. 
County  of  Erie.  ) 

"Albert  Sawin,  counsellor  at  law,  being  duly  swore,  says  that, 
at  the  request  of  the  above-named  Judson  D,  Benedict,  on  the 
3d  day  of  September  inst.,  he  inquired  personally  of  Deputy 
United  States  Marshal  Stevens,  at  his  office  in  Buffalo,  if  he 
arrested  said  Benedict  by  virtue  of  any  order,  process,  or  paper. 
He  said  he  did  not,  but  he  showed  deponent  a  slip  cut  from  a 
newspaper,  printed,  a  copy  of  wThich  is  hereto  annexed,  and  said 
that  printed  slip  was  his  only  authority  for  the  arrest  of  said 
Benedict. 

(Signed)  Albert  Sawin 

"Sworn  this  15th  day  of  September,  1862. 

(Signed)      P.  G.  Parker,  U.  S.  Commissioner." 

"War  Department,) 
August  8,  1862.  j 

"Ordered  : 

"First.  That  all  United  States  Marshals,  and  Superintendents 
and  Chiefs  of  Police  of  any  town,  city,  or  district,  be  and  they 
are  hereby  authorized  and  directed  to  arrest  and  imprison  any 
person  or  persons  who  may  be  engaged  by  act,  speech,  or  writing 
in  discouraging  volunteer  enlistments,  or  in  any  way  giving  aid 
and  comfort  to  the  enemy,  or  for  any  other  disloyal  practice 
against  the  United  States. 

"Second.  That  immediate  report  be  made  to  Major  L.  C.  Tur- 
ner, Judge  Advocate,  in  order  that  such  persons  may  be  tried 
before  a  military  commission. 

"  Third.  The  expense  of  such  arrest  and  imprisonment  will  be 
certified  to  the  Chief  Clerk  of  the  War  Department  for  settle- 
ment and  payment. 

(Signed)  Edwin  M.  Stanton, 

Secretary  of  War." 

indorsement  on  petition. 

"Northern  District  of  New  York,  ss. 

"  On  the  within  petition  I  allow  a  writ  of  habeas  corpus,  to  be 
directed  to  Albert  G.  Stevens,  United  States  Deputy  Marshal, 
and  William  F.  Best,  the  keeper  of  Erie  County  Jail,  and  made 


BEV.   JUDSOK   D.  BENEDICT. 


191 


returnable  on  the  18th  day  of  September  inst.,  at  1C  A.  m.,  before 
me ;  and  I  direct  the  Clerk  of  the  District  Court  to  prepare  tbfl 
writ,  that  T  may  indorse  an  allowance  thereon. 

(Signed)  N.  K.  Hall, 

U.  S.  District  Judge. 

«  Dated  September  15, 1862." 

the  writ  of  habeas  corpus. 
"The  President  op  the  United  States  op  America, 

To  Albert  G.  Stevens,  Deputy  Marshal  of  the  United  States,  and 
^  g  i    William  F.  Best,  the  Keeper  of  the  Erie  Coun*y  Jail, 
'  Greeting: 

"You  are  hereby  commanded,  that  you  have  the  body  of 
Judson  D.  Benedict,  by  you  imprisoned  and  detained,  as  it  is 
said,  together  with  the  time  and  cause  of  such  imprisonment  and 
detention,  by  whatsoever  name  the  said  Judson  D.  Benedict 
shall  be  called  or  charged,  before  the  Honorable  Nathan  K.  Hall, 
District  Judge  of  the  United  States  for  the  Northern  District  of 
New  York,  at  the  United  States  Court-room,  at  the  corner  of 
Washington  and  Seneca  Streets,  in  the  City  of  Buffalo,  in 
said  Northern  District  of  New  York,  at  ten  o'clock  in  the  fore- 
noon of  the  eighteenth  day  of  September,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  sixty-two,  to  do  and  re- 
ceive what  shall  then  and  there  be  considered  concerning  the 
said  Judson  D.  Benedict.  And  have  you  then  and  there  this  writ 

"Witness,  the  Hon.  Nathan  K.  Hall,  Judge  of  the  District  Court 
of  the  United  States  for  the  Northern  District  of  New  York,  at 
the  city  of  Buffalo,  the  sixteenth  day  of  September,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  sixty-two. 

(Signed)  Geo.  Gorham,  Clerk." 

indorsement. 

Northern  District  op  New  York,  ss. 

"  The  within  writ,  on  petition  of  the  within  named  Judson  D. 
Benedict,  has  been  allowed,  and  hereby  is  allowed  by  me,  in  pur* 
luance  of  the  statute  in  such  case  made  and  provided,  Septembei 
16,  1862. 

(Signed)  N.  K.  Hall, 

District  Judge  of  the  United  States,  for  the  Northern 

District  of  New  York." 


192 


AMERICAN  BASTILE. 


THE  JAILOR'S  RETURN  TO  THE  WRIT. 

w  To  the  Hon.  Nathan  K.  Hall,  Judge  of  the  United  States  foi 
the  Northern  District  of  New  York : 

"  The  statement  of  William  F.  Best  respectfully  showeth : 
"  That  he  is  now,  and  since  the  first  day  of  September  instam 
has  been  the  keeper  of  Erie  County  Jail.  That  on  or  about  the 
third  day  of  September  instant,  he  received  into  said  jail  one 
Judson  D.  Benedict,  by  the  name  of  Jared  Benedict.  That  he 
received  him  under  and  by  virtue  of  a  written  order  signed  by 
A.  G.  Stevens,  as  a  Deputy  Marshal  of  the  United  States,  of  which 
a  copy  is  hereto  annexed,  and  not  otherwise.  That  since  he  so 
received  the  said  Benedict  he  has  held  and  now  holds  him  by 
virtue  of  said  order,  and  no  other  order  or  process ;  that  he  has 
held  and  so  holds  him  as  the  bailee  or  custodian  of  said  Deputy 
Marshal  and  his  principal,  and  not  otherwise.  That  on  or  about 
the  sixteenth  day  of  September  instant,  he  was  served  with  a 
writ  of  habeas  corpus,  issued  by  your  Honor,  directed  to  said  A 
G.  Stevens,  and  to  him  the  said  William  F.  Best,  as  keeper  of  the 
Erie  County  Jail,  commanding  them,  among  other  things,  to  bring 
and  have  the  body  of  the  said  Judson  D.  Benedict,  and  said  writ 
before  your  Honor  as  such  Judge,  on  the  eighteenth  day  of 
September  instant,  at  10  o'clock  a.m.,  at  the  United  States  Court- 
room, in  Buffalo.  That  in  obedience  to  said  writ,  it  was  the  in- 
tention of  me,  the  said  William  F.  Best,  in  good  faith,  to  bring 
and  have  the  body  of  the  said  Benedict  before  your  Honor  at  the 
time  and  place  last  aforesaid,  as  by  the  said  writ  commanded, 
and  to  that  end  I,  the  said  William  F.  Best,  had  made  and  an- 
nexed to  said  writ  my  return  thereto,  which  return  comprised 
a  copy  of  the  order  under  which  said  Benedict  was  held  by  me, 
and  a  statement  that  it  was  by  virtue  of  that  alone  that  I  held 
him,  and  that  I  produced  the  body  of  said  Benedict  before  your 
Honor,  as  by  the  said  writ  commanded.  That  this  morning,  at 
about  the  hour  of  half-past  nine  o'clock,  in  the  office  of  Edward 
I.  Chase,  the  Marshal  of  the  United  States  for  the  Northern 
District  of  New  York,  in  Buffalo,  the  said  Edward  I.  Chase 
asked  me  to  let  him  take  and  look  at  said  writ  and  return.  That 
not  suspecting  bad  faith  on  his  part,  and  believing  that  he  would 
return  tne  same  to  me,  and  at  the  suggestion  of  Asher  P. 


REV.   JUDSON    D.  BENEDICT. 


193 


Nichols,  my  counsel,  I  handed  the  same  to  him.  That  after  ex- 
amining the  same  he  said  it  was  his  writ,  and  refused  to  return 
it  to  me.  That  thereupon,  I  made  a  formal  demand  on  him  for 
the  same,  which  demand  he  refused  to  comply  with.  That  having 
no  writ,  I  cannot  have  here  the  said  writ  or  make  a  formal  re- 
turn thereto,  as  by  the  said  writ  I  was  commanded;  nor  can  I 
have  the  body  of  said  Judson  D.  Benedict  here,  as  commanded  by 
said  writ,  for  the  reasons  above  stated. 

11  Dated,  September  18,  1862. 

(Signed)  William  F.  Best. 

"Northern  District  op  New  York,  ss. 

"William  F.  Best  being  sworn,  says  he  is  the  person  described 
in  and  who  signed  the  within  statement ;  that  he  has  heard  the 
same  read  and  knows  the  contents  thereof,  and  the  same  is  in  all 
respects  true,  as  he  verily  believes. 

(Signed)  William  F.  Best. 

*  Subscribed  and  sworn  this  18th  day  of  September,  1862,  bo- 
fore  me. 

(Signed)        N.  K.  Hall,  U.  S.  District  Judge." 

"  United  States  of  America,  *) 
Northern  District  of  New  York,  vss. 
County  of  Erie,  ) 

"Albert  Sawin,  being  duly  sworn,  says  he  is  counsel  for  Judson 
D.  Benedict,  named  in  a  writ  of  habeas  corpus,  a  copy  of  which 
is  hereto  annexed,  and  also  a  copy  of  original  order  of  allowance 
indorsed  thereon. 

"  That  on  the  sixteenth  day  of  September  inst.,  he  served  the 
said  writ  of  habeas  corpus,  with  said  copy  and  order,  upon  Albert 
G.  Stevens,  the  Deputy  Marshal  therein  named,  by  delivering  a 
copy  of  the  same,  and  of  said  order  of  allowance,  so  indorsed 
personally,  to  said  Stevens  personally,  at  the  city  of  Buffalo,  and 
at  the  same  time  showing  him  the  said  original  writ,  and  said 
original  order,  indorsed  thereon.  That  on  the  same  day  he  de- 
livered to  said  William  F.  Best,  keeper  of  the  common  jail  of  the 
County  of  Erie,  personally,  said  original  writ,  with  said  order 
indorsed  thereon.  That  this  morning,  about  the  hour  of  eight 
o'clock,  deponent  paid  to  said  William  F.  Best,  two  dollars  and 
IS 


194 


AMERICAN  BASTILE. 


fifty  cents,  being  the  fees  named  by  him,  allowed  by  law  for  tfcs 
return  to  and  execution  of  said  writ,  who  received  the  same. 

"  That  on  the  morning  of  the  17th  day  of  September  inst.,  de- 
ponent was  present  at  an  interview  between  said  Stevens  and 
said  Best,  in  which  said  Stevens  told  said  Best  he  had  received 
instructions  from  the  War  Department  to  resist  said  writ,  and 
he,  said  Stevens,  directed  said  Best  not  to  obey  it,  such  being  the 
order  of  the  War  Department.  Deponent  said,  1  Of  course  Mr 
Best  will  obey  the  writ,  and  bring  Benedict  before  Judge  Hall.' 
Said  Stevens  said  he  would  have  a  force  to  prevent.  Deponent 
said,  '  Mr.  Best,  I  will  be  present  to-morrow  morning  as  one  to 
assist  you  in  obeying  said  writ,  though  at  the  peril  of  being 
shot/  Said  Stevens  replied,  lThen  you  will  be  shot,  and  1  will  re- 
port you  to  the  War  Department.' 

"  Deponent  further  says,  that  this  forenoon  he  inquired  of  said 
Stevens  what  fees  he  demanded  for  making  return  to  said  writ 
of  habeas  corpus,  and  informed  him  he,  deponent,  was  ready  to 
pay  the  same ;  the  only  reply  he  made  was,  '  No  matter/ 

(Signed)  Albert  Sawin. 

"  Sworn  and  subscribed  this  18th  day  of  September,  1862. 

(Signed)      A.  P.  Nichols,  U.  S.  Commissioner." 

Deputy  Marshal  Stevens's  return  to  writ. 

"  To  the  Hon.  Nathan  K.  Hall,  District  Judge  of  the  United 
States  for  the  Northern  District  of  New  York : 
"  The  annexed  paper  was  delivered  to  me.  It  purports  to  be 
a  writ  of  habeas  corpus.  It  is  not  under  the  seal  of  the  Court; 
the  signature  to  the  same  is  not  the  handwriting  of  the  Clerk, 
nor  is  the  signature  to  the  allowance  indorsed  on  the  same  in 
the  handwriting  of  your  Honor,  nor  is  it  certified  to  be  a  copy 
of  an  original  process.  I  understand  that  an  original  writ  was 
served  upon,  and  is  in  the  hands  of  William  F.  Best,  one  of  the 
persons  to  whom  the  same  is  directed ;  the  said  Best  refuses  to 
allow  me  to  have  said  writ,  or  recognize  any  authority  on  my 
part  to  the  prisoner  therein  named,  or  to  allow  me  to  have  the 
custody  and  control  of  the  prisoner,  and  claims  that  he  alone 
should  make  return  to  said  writ.  I  would  further  state  that 
said  prisoner  was  legally  arrested  by  me  by  authority  of  the 
President  of  tho  United  States,  and  delivered  by  me  in  custody, 


REV.    JUDSON    D.  BENEDICT. 


195 


nnder  such  authority,  in  the  jail  of  Erie  County,  where  I  placed 
him  for  safe  keeping  merely,  and  where  he  now  is,  and  that  I 
still  have  lawful  right  to  said  prisoner;  but  the  jailor  of  said  Erie 
County  jail,  on  demand  of  said  prisoner  this  day  made  by  me 
of  him  for  said  prisoner,  refused  to  deliver  said  prisoner  to  me, 
as  he  rightfully  and  lawfully  should  do.  I  further  state  that  no 
return  made  by  said  Best,  to  said  writ,  can  present  the  true  facts 
of  the  case,  or  the  cause  of  the  detention  of  said  prisoner. 

(Signed)  Albert  G.  Stevens. 

U.  S.  Deputy  Marshal." 

IN  HABEAS  CORPUS. 

"In  the  Matter  of  Judson  D.  Benedict. 
"It  appearing  to  my  satisfaction,  by  the  affidavit  of  William 
F.  Best,  that  Edward  I.  Chase,  now  present,  has  received  from 
him,  on  request,  and  detained  from  him,  against  his  will,  the  writ 
of  habeas  corpus  heretofore  issued  in  this  matter,  (and  directed 
and  delivered  to  said  William  F.  Best,)  and  thereby  prevented 
his  obedience  to  said  writ ;  I  hereby  order  and  direct  the  said 
Edward  I.  Chase  to  deliver  the  said  writ  to  the  said  Best,  or  to 
the  undersigned,  or  show  cause,  before  me,  at  the  United  States 
Court-room  in  Buffalo,  at  half-past  two  o'clock  this  afternoon, 
why  he  shall  not  be  committed  for  a  contempt. 

K  K.  Hall, 

«  September  18,  1862.  U.  S.  District  Judge." 

Albert  G.  Stevens,  Deputy  Marshal,  was  made  a  party  as 
well  as  the  jailer,  who  had  his  actual  custody.  The  return  of 
Stevens  is  a  curiosity.  The  object  of  making  Stevens  a  party 
was  to  enable  him  to  produce  any  evidence  showing  Benedict 
had  done  anything  worthy  of  bonds.  He  declined  to  do  this. 
Marshals  Chase  and  Stevens  had  previously  declared  that 
Jailer  Best  should  not  take  Benedict  from  the  jail  to  Judge 
Hall's  court-room,  and  they  would  use  force  to  prevent  it. 
Accordingly,  in  the  absence  of  the  Colcnel  of  the  regiment, 
Marshal  Chase  procured  from  Camp  Morgan  a  company  of 
Boldiers,  and  placed  them  in  the  vicinity  of  the  jail  for  the 
purpose  of  executing  that  threat.  The  friends  of  the  jailer. 
Best,  were  likewise  in  the  vicinity  in  sufficient  numbers  to 


196 


AMERICAN  BASTILE. 


enable  him  to  obey  the  writ,  no  matter  how  much  force  the 
Marshal  might  have  obtained.  However,  without  opposi- 
tion, the  loyal  jailer  was  permitted  to  obey  the  writ. 

44  U.  S.  District  Court. — Judge  Hall  presiding. 
September  18th. 

44  The  case  of  the  writ  of  habeas  corpus  commanding  A.  G. 
Stevens,  Deputy  United  States  Marshal,  and  Wm.  F.  Best,  Jailor, 
of  Erie  County,  to  produce  the  body  of  Rev.  Judson  D.  Benedict 
in  court,  was  before  the  court. 

"A.  Sawin  made  a  statement  of  the  service  of  the  writ  of 
habeas  corpus  upon  the  jailor  of  the  Erie  County  jail. 

44  A.  P.  Nichols,  Esq.,  the  attorney  for  the  jailor,  made  a  return, 
stating  that  the  jailor  had  handed  the  writ  of  habeas  corpus  to 
United  States  Marshal  Chase,  by  the  advice  of  his  attorney,  and 
that  Mr.  Chase  had  refused  to  return  it  to  him,  and  that  it  was 
impossible  to  return  either  the  writ  or  the  prisoner. 

44  United  States  Marshal  Chase  claimed  that  the  prisoner  was 
in  his  custody,  having  been  arrested  by  order  of  the  President, 
through  the  Secretary  of  "War;  that  the  jailor  was  simply  a  ma- 
chine, and  that  he  was  the  proper  custodian  of  the  prisoner. 

44  This  was  the  position  taken  by  United  States  District  Attor- 
ney Dart. 

44  Mr.  Nichols  claimed  that  the  prisoner  was  now  held  by  the 
jailor  by  virtue  of  the  writ  of  habeas  corpus,  and  that  he  could 
not  surrender  him  until  that  writ  was  vacated. 

"  After  a  somewhat  extended  argument,  Judge  Hall  made  an 
order  that  Marshal  Chase  return  the  writ  to  the  jailor;  and  that 
he  make  a  return  at  two  and  a  half  o'clock,  etc. 

44  The  court  adjourned  till  that  hour." 

During  the  recess  of  the  court,  Marshal  Chase  offered  to 
deliver  up  the  writ  of  habeas  corpus,  which  he  had  withheld 
from  Jailer  Dest,  on  the  condition  that  the  jailer  would 
deliver  the  prisoner  into  his  custody.  This  the  jailer  refused ; 
and  before  two  o'clock  Marshal  Chase  surrendered  the  writ, 
evidently  not  wishing  to  disobey  the  order  of  the  court. 

The  jailer,  now  being  in  possession  of  the  writ,  took  the 
prisoner,  in  company  with  Sheriff  Best,  and  escorted  him  to 


REV.    JUDSON    D.  BENEDICT. 


197 


the  court-room,  where  he  was  cordially  greeted  by  many 
of  hi  8  friends. 

u United  States  Marshal  Chase  came  into  court  and  delivered 
to  the  Judge  a  return  to  the  writ  of  habeas  corpus,  setting  forth 
by  what  authority  his  deputy  had  arrested  the  prisoner,  and  that 
the  writ  of  habeas  corpus  having  been  suspended,  and  he  ordered 
to  resist  any  attempt  to  execute  it,  he  could  not  obey  the  order 
of  the  court.  This  was  understood  to  be  the  substance  of  the 
return. 

"  Marshal  Chase  requested  the  jailor  to  give  bin.  a  copy  of  the 
order  of  the  court  compelling  him  to  return  the  writ. 

"  The  Judge  said  a  copy  would  be  furnished  him. 

"  A.  P.  Nichols,  Esq.,  then  made  the  proper  return  to  the  writ, 
and  produced  Kev.  J.  D.  Benedict  in  court. 

"  United  States  District  Attorney  Dart  said,  that  a  turnkey 
had  in  some  way  obtained  possession  of  a  United  States  prisoner, 
arrested  by  order  of  the  President  of  the  United  States,  through 
the  Secretary  of  IVar,  for  uttering  seditious  language,  or  language 
calculated  to  weaken  the  confidence  of  the  people  in  the  Govern- 
ment. In  such  cases,  the  President  suspended  the  writ  of  habeas 
corpus,  and  ordered  that  forcible  resistance  be  made  to  its  execution. 
He  hoped  that  the  occasion  for  arrests  under  this  order  had 
ceased,  and  that  there  would  be  no  conflict  of  jurisdiction  in  this 
case.  He  asked  the  suspension  of  proceeding  until  Tuesday  fol- 
lowing, trusting  that  the  matter  might  be  satisfactorily  arranged" 
before  that  time. 

"Albert  Sawin  opposed  the  postponement.  It  was  important 
that  the  great  question  of  personal  liberty,  in  connection  with 
the  arbitrary  arrests,  should  be  disposed  of  by  a  legal  tribunal. 

"Judge  Hall  said  the  real  question  at  issue  was  whether  the 
President  had  the  power  to  suspend  the  writ  of  habeas  corpus,  and 
if  this  was  the  question  to  be  argued,  the  time  asked  was  not 
unreasonable.  He  was  anxious  that  the  matter  should  be  fairly 
canvassed,  and  a  conflict  of  authority  avoided.  He  would,  there- 
fore, grant  the  request  of  the  United  States  District  Attorney, 
and  adjourn  the  case  to  Tuesday  next,  September  23,  at  11a.m., 
meanwhile  the  prisoner  to  remain  in  the  custody  of  the  jailor,  to 
be  again  produced  in  court  at  the  time  named. 


198  AMERICAN  BASTILE. 

"  The  District  Attorney  desired  the  Judge  simply  to  remand 
the  prisoner,  without  naming  the  custodian. 

"Mr.  Sawin  opposed  this.  The  Marshal  wished  to  gain  posses 
sion  of  the  prisoner  for  the  purpose  of  placing  him  in  military 
custody,  and  beyond  the  jurisdiction  of  the  court. 

"A.  P.  Nichols,  Esq.,  asked  the  court  to  make  an  order  stating 
by  what  authority  the  jailor  held  the  prisoner,  whether  by  order 
of  the  Marshal,  or  under  the  writ  of  habeas  corpus  and  the  order 
of  this  court.  He  wished  the  duty  and  the  authority  of  the 
jailor  clearly  defined. 

"Mr.  Dart  desired  that  the  court  would  make  no  such  order, 
but  simply  remand  the  prisoner.  He  thought  the  court  ought  to 
have  confidence  in  the  Marshals,  and  believed  they  would  respect 
the  court. 

"Judge  Hall  said  the  custody  of  the  prisoner  will  continue  with 
the  jailor  as  it  is  now.  The  prisoner  is  now  held  by  virtue  of  the 
writ  of  habeas  corpus.  He  is  removed  from  the  custody  of  the 
Marshal  or  Deputy  Marshals,  and  neither  of  them  can  interfero 
with  him  until  the  hearing  and  determination  of  this  writ. 

"  Marshal  Chase  wished  to  know  whether  his  authority  in  this 
case  was  at  an  end. 

"The  Judge  replied,  that  he  had  as  much  and  no  more  to  do 
with  it  than  any  other  citizen.  If  he,  or  any  other  man,  knew 
of  any  crime  the  prisoner  had  committed,  it  was  his  duty  to 
inform  against  him,  that  he  might  be  punished  according  to  law. 
It  was  especially  the  duty  of  the  United  States  District  Attor- 
ney to  ascertain  the  facts  and  proceed  against  him,  if  he  had 
been  guilty  of  any  violation  of  the  laws  of  the  land." 

The  following  is  the  copy  of  the  order  of  J iidge  Hall  in 

the  case : 

"on  the  habeas  corpus 
11  In  the  Matter  of  Judson  D.  Benedict. 
"  The  said  Judson  D.  Benedict  having  this  day  been  brought 
before  me  by  TV.  F.  Best,  the  keeper  of  the  common  jail  in  the 
County  of  Erie,  in  obedience  to  the  annexed  writ  of  habeas  corpus, 
and  the  hearing  under  the  said  writ,  and  the  return  made  thereto, 
having,  at  the  request  of  the  Hon.  Wm.  H.  Dart,  United  States 
District  Attorney,  been  adjourned  until  Tuesday,  the  23d  day  of 
September,  at  eleven  o'clock  in  the  forenoon,  it  is  hereby  ordered, 


REV.    JUDSON    D.  BENEDICT. 


199 


oi)  the  motion  of  the  counsel  for  the  defendant,  that  the  said 
Judson  D.  Benedict  be  and  he  is  hereby  remanded  and  com- 
mitted to  the  custody  of  Wm.  F.  Best,  as  such  jailor,  to  be  kept 
and  detained  by  him  under  the  authority  of  such  writ  of  habeas 
corpus,  and  this  order,  until  the  time  to  which  said  hearing  is  so 
adjourned;  and  that  said  Wm.  F.  Best  produce  and  bring  the 
body  of  the  said  Judson  D.  Benedict  and  the  said  writ  of  habeas 
corpus  before  the  undersigned,  at  the  United  States  Court-room, 
m  tne  city  of  Buffalo,  on  the  23d  day  of  September  inst..  at  11 
o'clock  a.m.,  then  and  there  to  do  and  receive  what  shall  then 
and  there  be  considered  in  that  behalf. 

(Signed)  N.  K.  Hall, 

U.  S.  District  Judge. 

"September  18,  1862." 

After  the  necessary  papers  were  made  out,  Rev.  Mr.  Bene- 
dict walked,  in  company  with  Mr.  Best,  back  to  his  apart- 
ments at  the  jail.  It  was  rumored  that  the  Marshal  would 
attempt  the  rescue  of  the  prisoner,  but  this  was  unfounded. 

"  XJ.  S.  District  Court.  —  Buffalo,  September  23d,  1862. 

....  "  Shortly  before  11  o'clock,  the  prisoner  appeared  in  court, 
in  company  with  the  jailor,  Wm.  F.  Best.  A.  P.  Nichols,  Esq., 
attorney  for  the  jailor,  handed  up  the  original  writ  of  habeas 
corpus,  with  the  order  of  the  Judge,  remanding  the  prisoner  to 
jail,  engrossed  upon  it. 

"The  court  did  not  understand  that  any  demurrer  had  been 
made  to  the  writ  as  returned,  or  issue  taken  on  the  facts  stated 
in  the  return. 

"  Albert  Sawin,  Esq.,  claimed  that  the  return,  as  made,  stated  in 
what  manner  the  prisoner  was  arrested  and  was  held,  sufficiently 
clear  to  enable  the  court  to  determine  that  the  arrest  is  illegal, 
and  that  the  prisoner  should  be  discharged. 

"  The  court  inquired  if  the  United  States  District  Attorney  was 
to  be  present,  and  directed  the  officer  of  the  court  to  inquire  if 
the  District  Attorney  desired  to  be  heard  in  the  case. 

"  Marshal  Chase  soon  after  appeared  in  court,  and  held  a  conver- 
sation with  Judge  Hall,  which  was  not  audible.  After  the  clos« 
of  the  interview,  the  Court  announced  that  the  U.  S.  District  At- 
torney  did  not  proposo  to  appear,  or  to  make  any  further  state 


200 


AMERICAN  BASTILE. 


met  ts  to  the  Court,  or  furnish  any  proofs  in  the  case ;  that  neither 
the  Marshal  nor  his  Deputy,  Stevens,  would  appear;  and  that,  so 
far  as  they  were  concerned,  the  case  was  left  to  the  Court  in  iU 
present  condition. 

"  The  Court  desired  to  say  to  any  person  and  to  all  person 
present,  that  if  they  knew  of  any  crime  that  the  prisoner  had 
committed  against  the  laws  of  the  United  States,  or  any  cause  of 
arrest,  other  than  that  set  forth  in  the  return,  they  should  make 
it  known.  He  had  prepared  an  opinion  in  the  case,  embodying 
its  legal  bearings,  which  he  should  publish  as  his  justification." 

The  opinion  of  Judge  Hall,  discharging  the  Rev.  Mr.  Bene- 
dict on  writ  of  habeas  corpus,  is  replete  with  learning  and 
research,  and  we  regret  that  want  of  space  prevents  us  from 
presenting  it  to  the  reader  in  full.  He  refers  to  English  and 
American  statutes  and  constitutions  from  the  settlement  of 
England  by  the  Saxons  to  the  present  time,  and  cites  from 
the  Magna  Charta,  the  Petition  of  Right,  the  Bill  of  Rights, 
the  Act  of  Settlement,  and  quotes  from  Hume,  Hallam,  Black 
stone,  Story,  and  other  authors.  He  refers  to  the  decisions 
of  the  purest  and  ablest  jurists  of  England  and  America  in 
support  of  his  opinion,  and  concludes  his  erudite  and  profound 
reasoning  as  follows : 

"  The  decisions  referred  to  have  been  before  the  profession 
and  the  country  for  more  than  forty  years ;  and,  so  far  as  I 
know,  they  had  not,  until  a  very  recent  period,  been  ques- 
tioned, or  their  doctrines  assailed  by  any  respectable  jurist. 
I  cannot  but  endeavor  to  follow,  though  with  feeble  and  un- 
steady steps,  in  the  paths  of  constitutional  duty,  clearly  and 
distinctly  marked  with  the  ineffaceable  footprints  of  Marshall, 
of  Story,  of  Washington,  of  Livingston,  of  Martin,  and  of 
Taney;  and,  guided  by  the  serene  and  steady  light  of  their 
recorded  opinions,  I  may  certainly  hope  not  to  go  far  astray." 

This  opinion  alone  stamps  Judge  Hall  as  one  of  the  purest, 
most  learned,  and  upright  jurists  that  America  has  produced. 

At  the  conclusion  of  the  opinion,  Judge  Hall  made  an 
order  discharging  the  prisoner  from  arrest,  no  cause  having 
been  shown  why  he  should  be  detained. 


KEY.    JUDSON    D.  BENEDICT. 


201 


The  following  is  a  copy  of  his  order : 

"in  habeas  corpus, 
"In  the  Matter  of  Judson  D.  Benedict. 
41  The  said  Judson  D.  Benedict,  having  this  day  been  again 
brought  before  me  in  pursuance  of  the  annexed  writ  of  habeas 
corpus  and  order,  and  the  counsel  of  the  said  petitioner  having 
filed  a  demurrer  to  the  return  of  the  said  writ,  made  by  W.  F. 
Best,  jailor,  and  to  the  statement  heretofore  made  by  A.  G. 
Stevens,  Deputy  Marshal,  (no  one  appearing  to  oppose  the  dis- 
charge,) I  having  proceeded  ex-parte  to  hear  and  consider  the  case 
as  now  presented,  and  determined  that  no  legal  cause  for  the 
arrest,  imprisonment,  and  detention  of  the  said  Benedict  is  shown 
by  said  return,  or  said  statement  and  return,  and  having  invited 
all  persons  present  to  make  proof,  if  any  could  be  made,  that  the 
said  Benedict  had  been  guilty  of  any  offence  against  the  laws  of 
the  United  States,  or  was  subject  to  arrest  for  any  cause  other 
than  that  appearing  on  said  return,  and  no  such  proof  being 
offered,  I  do  hereby  order  and  direct  that  the  said  Judson  D. 
Benedict  be  and  is  hereby  discharged  from  custody. 

(Signed)  N.  K.  Hall, 

XL  S.  District  Judge/' 

Marshal  Chase  stated  that  previous  to  the  issuing  of  the 
writ  of  habeas  corpus  by  Judge  Hall,  he  had  written  to  the 
War  Department,  recommending  the  release  of  Mr.  Benedict, 
and  that  he  would  have  been  released  before,  had  it  not  been 
for  the  attempt  of  Sawin  to  raise  an  issue  with  the  United 
States  Government.  Mr.  Benedict,  who  had  been  discharged 
from  arrest  by  the  order  of  the  highest  court  known  to  the 
Constitution,  was  again  arrested  by  the  United  States  Mar- 
shals, although  his  release  had  been  recommended  by  Mr. 
Chase.  Several  members  of  the  police  force  were  seen  to 
enter  the  court  and  disperse  themselves  aDout  the  room, 
while  Marshal  Chase,  and  Deputy  Tyler,  of  Lockport,  sought 
positions  near  the  then  free  citizen  of  the  United  States, 
Btanding  in  the  Temple  of  Justice,  and  awaiting  a  copy  of 
the  proclamation  of  emancipation  just  issued  by  the  Judge. 

As  soon  as  ho  received  a  copy  of  the  order,  Officer  Tyler 


202 


AMERICAN  BASTILE. 


was  observed  to  speak  to  him,  and  the  reverend  gentleman* 
with  his  papers  in  his  hand,  demanded  to  be  shown  tho 
authority  for  his  arrest.  He  said  he  did  not  propose  to  resist, 
but  wished  to  know  by  whose  orders  he  was  seized.  He  was 
told,  "  We  will  show  you  the  authority,  when  we  get  you  where 
we  want  you."  He  was  hurried,  Marshal  Chase  on  one  side 
of  him,  and  Officer  Tyler  on  the  other,  down  the  stairs,  and 
to  a  carriage  in  waiting,  in  which  Deputy  Marshal  Stevens 
sat.  A  large  crowd  gathered  about  the  carriage,  and  much 
feeling  was  exhibited,  but  no  attempt  was  made  to  rescue 
the  prisoner.  The  carriage  was  driven  off,  Marshal  Chase  on 
the  box  with  the  driver,  and  the  prisoner  inside  with  Officers 
Tyler  and  Stevens.  This  was  done  by  special  order  of  the  War 
Department  to  Marshal  Chase,  directing  him  to  resist  the 
writ,  or,  in  the  event  of  the  prisoner's  discharge,  to  re-arrest 
him.  Mr.  Sawin  again  applied  to  Judge  Hall  for  a  writ  of 
habeas  corpus,  which  was  granted,  and  served  upon  the  Mar- 
shal by  Harvey  B.  Eansom,  as  the  annexed  return  will  show : 

"United  States  of  America,   j  gg 
Northern  District  of  New   York,  j 

"  Harvey  B.  Eansom,  being  duly  sworn  says :  that  he  is  wel] 
acquainted  with  Edward  I.  Chase,  named  in  annexed  copy  of 
writ  of  habeas  corpus.  That  he  served  upon  said  Chase,  at  the 
city  of  Buffalo,  on  the  23d  day  of  September  inst.,  at  or  about  the 
hour  of  five  o'clock  p.m.  of  that  day,  an  original  writ  of  habeas 
corpus,  with  the  original  order  of  allowance,  signed  by  Judge 
Hall,  indorsed  thereon,  copies  of  w'hich  writ  and  order  are  hereto 
annexed,  by  delivering  the  same,  at  the  time  and  place  aforesaid, 
to  said  Chase  personally.  That  deponent  and  said  Chase  went 
yesterday  afternoon,  on  same  train  of  cars,  to  Lockport.  Depo- 
nent saw,  after  his  arrival,  within  named  Benedict  in  front  of  said 
Chase's  office,  at  Lockport,  said  Chase,  as  deponent  was  informed, 
being  in  his  office  at  the  time. 

(Signed)  Harvey  B.  Eansom. 

"  Sworn  and  subscribed  before  me,  this  24th  day  of  Septembe* 
1862. 

(Signed)      A.  P.  Nichols,  U.  S.  Commissioner.* 


REV.    JUDSOK    D.  BENEDICT. 


203 


The  writ  of  habeas  corpus  was  made  returnable  at  10  o'clock 
a.m.,  on  Thursday,  the  25th  inst.,  at  the  United  States  Court- 
room in  Buffalo,  at  which  time  United  States  Marshal  Chase 
made  the  following  return,  to  wit : 

'To  the  Hon.  Nathan  K.  Hall,  District  Judge  of  the  United 
States  for  the  Northern  District  of  New  York : 
•  The  annexed  writ  was  delivered  to  me  between  five  and  six 
o'clock  in  the  afternoon  of  the  23d  day  of  September  last.  Be- 
fore that  time,  and  about  noon  of  that  day,  Judson  D.  Benedict, 
the  person  named  in  said  writ,  had  been  arrested  by  me  for  dis- 
loyal practice,  by  order  of  the  President  of  the  United  States, 
and  put  in  charge  of  Daniel  G.  Tucker,  with  direction  to  convey 
him  to  the  Old  Capitol  Prison  in  the  city  of  Washington,  and 
said  Tucker  immediately  left  Buffalo  with  the  prisoner  for  that 
purpose. 

"  Under  general  orders  made  by  the  President,  through  the 
War  Department,  bearing  date  the  18th  of  August,  1862,  said 
Benedict  had  been,  on  September  2,  1862,  arrested  by  my  deputy, 
A.  G.  Stevens,  for  such  disloyal  practice,  and  said  deputy  was 
ordered  by  the  War  Department  to  detain  him  in  custody  until 
the  further  order  of  said  Department.  For  safe  keeping,  said 
Benedict  was  removed  from  Fort  Porter  to  the  jail  of  Erie 
County. 

"Afterward,  as  is  said,  a  writ  of  habeas  corpus,  directed  to  said 
Stevens  and  William  F.  Best,  the  jailor,  was  delivered  to  said 
jailor.  The  War  Department  was  informed  by  said  Stevens  of 
the  allowance  of  said  writ,  and  said  Stevens  was  directed  by  said 
Department  not  to  regard  said  writ.  But  said  William  F.  Best, 
the  jailor,  refused  to  allow  me  or  my  deputy,  Mr.  Stevens,  to 
have  any  control  of  the  prisoner,  or  of  the  writ,  and  avowed  his 
intention  to  make  return  to  said  writ,  and  produce  the  prisoner 
before  your  Honor. 

"I  informed  the  War  Department  of  such  refusal  and  avowal. 
In  answer,  I  received  an  order  made  by  the  Secretary  of  War, 
saying,  in  substance:  'Your  deputy,  Mr.  Stevens,  was  directed 
to  disregard  the  writ  of  habeas  corpus.  If  Stevens  or  the  jailor 
permits  Benedict  to  be  discharged  on  habeas  corpus,  arrest  him 
again,  and  convey  him  to  the  Old  Capitol  Prison  at  Washington ' 


204 


AMERICAN  BASTILE. 


"The  original  order  was  delivered  by  me  to  Mr.  Tucker,  into 
whose  charge  I  delivered  the  prisoner,  and  I  have  no  perfect 
copy.  The  above  is  a  substantial  copy,  and  in  all  essential  par- 
ticulars  is  correct. 

"In  pursuance  of  such  order,  after  said  Benedict  was,  on  tho 
23d  inst.,  discharged  from  the  custody  of  said  Best,  and  said  Ben- 
edict had  left  the  United  States  Court-room,  I  arrested  him,  and 
put  him  in  charge  of  Mr.  Tucker,  with  the  directions  above 
stated. 

"  A  formidable  insurrection  and  rebellion  is,  as  is  well  known, 
now  in  progress  in  this  country,  and  the  writ  of  habeas  corpus 
suspended,  and  the  President  of  the  United  States,  by  one  of  the 
orders  above  referred  to,  made  on  the  8th  of  August,  declares  the 
same  to  be  suspended  in  case  of  disloyal  practices.  I  would  also 
refer  your  Honor  to  the  proclamation  of  the  President  of  the 
United  States  of  the  24th  September  inst. 

"  I,  therefore,  understand  that  the  above  arrests  are  military 
arrests,  in  relation  to  which  the  writ  of  habeas  corpus  is  sus- 
pended. 1  have,  however,  out  of  respect  to  your  Honor,  and  the 
judicial  authority  of  the  country,  thought  it  my  duty  to  return 
to  you  the  annexed  writ  of  habeas  corpus,  and  make  the  fore- 
going statement.    Yery  respectfully, 

(Signed)  Edward  I.  Chase, 

U.  S.  Marshal. 

"Dated  the  25th  of  September,  A.D.  1862." 

After  the  prisoner  had  been  placed  in  a  carriage,  with  three 
Deputy  Marshals  as  a  special  guard,  he  was  driven  to  Lock- 
port,  in  the  County  of  Niagara,  a  distance  of  about  forty 
miles. 

At  about  9  o'clock  p.m.,  he  was  again  placed  in  a  carriage, 
and  conveyed  through  highways  and  byways,  until  3  o'clock 
the  next  morning,  when  he  arrived  at  Batavia,  a  few  miles 
from  Buffalo,  on  the  Central  Railroad.  At  6  o'clock,  he  was 
placed  on  the  cars  for  Canandaigua,  and  from  there  to  New 
York,  thence  to  Baltimore,  and  finally  to  Washington,  where 
he  remained  for  some  weeks  an  inmate  of  the  Old  Capitol 
Prison. 

When  the  Majesty  of  the  Despotism  that  ruled  at  Wash- 


EE  V.   JUDSON    D.  BENEDICT. 


205 


ington  became  appeased,  Mr.  Benedict  was  taken  before  one 
of  the  instruments  of  its  tyranny,  L.  C.  Turner,  Judge  Ad- 
vocate, who  received  the  reverend  gentleman  with  one  of  his 
hypocritical  smiles.  After  the  usual  interchange  of  cour- 
tesies, the  Judge  Advocate  informed  Mr.  Benedict  that  he 
was  discharged.  (He  was  released  on  the  2d  October,  1862.) 
Mr.  Benedict  ventured  to  inquire  why  he  had  been  impris- 
oned. "  Oh"  said  the  Judge  Advocate,  "  it  was  only  to  show 
the  people  that  the  military  power  is  now  above  the  civil  power" 

The  Bourbons  and  Napoleons  in  France,  the  Stuarts  and 
other  despots  in  England,  all  pleaded  the  "necessity  of  cir* 
cumstances  "  for  their  arbitrary  acts  of  power,  and  their 
infringement  on  the  rights  and  liberties  of  the  people. 
Louis  XIV.,  of  France  —  to  go  back  into  historic  times 
no  farther  —  said,  "  I  am  the  State."  James  of  England 
said  to  the  Duke  of  Somerset,  who  told  the  King  that 
he  could  not  obey  him  without  violating  law,  "  I  will  make 
you  fear  me  as  well  as  the  law.  Do  you  not  know  that  I  am 
above  the  law  ? "  And  this  monarch  said  to  his  Parliament : 
14  For  matters  of  privileges,  liberties,  and  customs,  be  not 
over-curious.  We  do  what  is  for  the  best,  and  as  necessity 
prompts.  Let  not  any  one  stir  you  up  to  law  questions, 
debates,  or  that  sort  of  thing,  for  of  these  cometh  evil." 

Mr.  Lincoln  acted  on  the  principle  established  by  these 
arbitrary  monarchs. 


♦ 


ISAAC  C.  W.  POWELL,  ESQ. 

1 SA  AC  C.  W.  POWELL  was  born  in  Sussex  County,  Del* 
ware,  December  31st,  1823.  In  1842,  he  entered  Union 
College,  New  York,  under  Dr.  Nott  and  Dr.  Potter,  and  gra- 
duated, 1845,  delivering  the  .valedictory  of  his  class.  In  1846, 
he  attended  the  law-school  at  Yale  College,  New  Haven.  After 
leaving  this  school,  and  studying  some  months  in  the  office 
of  John  Glenn  (afterward  Judge  of  the  Circuit  Court  of  the 
United  States)  in  Baltimore,  he  opened  an  office  for  the  prac- 
tice of  his  profession  in  Baltimore,  adjoining  that  of  Hon. 
James  L.  Bartol,  for  many  years  a  Justice  of  the  Court  of 
Appeals  of  Maryland,  and  now  its  Chief  Justice ;  with  whom 
he  had  always  been  on  the  kindest  and  most  intimate  terms 
of  friendship.  From  Baltimore,  Mr.  Powell  was  called,  in 
January,  1848,  to  his  home  on  the  beautiful  Wye  River,  in 
Talbot  County,  Maryland,  by  the  illness  of  his  lather.  He 
reached  home  only  in  time  to  close  his  parent's  eyes  in  death, 
and  pay  the  last  sad  offices  to  his  memory.  He  was  obliged, 
as  one  of  his  father's  executors,  to  remain  in  Talbot  County 
to  settle  his  estate,  and  therefore  closed  his  office  in  Balti 
more,  where  he  had  commenced  his  professional  career  with 
the  most  flattering  prospects.  He  then  opened  his  l^w-office 
in  Easton,  in  1848.  In  1840,  he  was  chosen  a  member  of  the 
Legislature  of  Maryland,  and  served  with  credit  in  that  ses- 
sion in  which  the  reform  of  the  old  Constitution  was  the 
great  issue ,  and,  as  a  member  of  the  Judiciary  Committee 
of  the  House,  contributed  in  no  small  degree  to  the  passage 
of  that  measure.  He  married,  in  1850,  Miss  Lucy  A.  Barker, 
of  New  Bedford,  Massachusetts,  and  settled  down  in  the 
practice  of  his  profession  at  Easton ;  from  which  he  hae 
never  been  allured  by  political  preferment,  although  many 

206 


ISAAC    C.  W.  POWELL. 


207 


opportunities  offered.  In  1859,  he  was  elected  State's  Attor- 
ney for  Talbot  County,  to  serve  for  four  years. 

In  1861  and  the  early  part  of  1862,  citizens  were  arrested 
In  his  county,  without  cause,  by  the  military  miscreants  who 
ruled  the  hour.  The  Constitution  of  the  State  and  of  the 
United  States  were  violated  in  open  day,  by  those  acting 
under  the  authority  of  the  sword  and  the  bayonet.  The 
armory  of  the  State  at  Easton  was  sacked  and  rifled  by  a 
company  of  United  States  soldiers  on  a  peaceful  Sunday 
afternoon ;  and  public  and  private  property  carried  off  by 
those  who  would  have  been  treated  as  ruffians  and  robbers, 
but  for  their  epaulets.  One  old  citizen,  who  dared  to 
deny  the  falsehood  of  a  political  speaker,  was  seized  at 
midnight  and  dragged  from  the  side  of  his  wife,  to  spend 
a  week  of  unjust  imprisonment  in  a  camp,  and  subjected 
to  every  kind  of  indignity  and  inconvenience.  Slaves, 
who  were  then  recognized  as  property  alike  by  the  Federal 
and  State  laws,  were  taken  from  their  owners  (women  and 
children  as  well  as  men)  in  scores,  under  the  pretence  of 
enlistment  in  the  United  States  military  service.  Negro  sol- 
diers were  quartered  on  the  county,  and  sent  about  in  the 
m6st  insulting  manner  to  the  residences  of  the  citizens,  to 
annoy  and  rob  them.  Provost  Marshals  were  appointed,  and 
spies  and  eavesdroppers  and  detectives  hunted  down,  every- 
where, those  who  opposed  the  Lincoln  dynasty. 

Indeed,  so  many  and  grievous  were  the  outrages  of  the 
minions  of  the  new  power,  that  the  grand  jury,  under  the 
ruling  of  the  Hon.  Richard  B.  Carmichael,  Judge  of  the  Cir- 
cuit Court,  presented  a  number  of  the  most  prominent  offend- 
ers, who  were  indicted,  and  process  issued  by  the  court  for 
their  apprehension.  At  the  session  of  the  court  in  May, 
1862,  they  (being  out  of  the  county)  had  not  been  taken 
under  the  writ  issued.  By  preconcert  and  collusion  with 
Samuel  T.  Hopkins,  Clerk  of  the  Court,  (who  was  one  of  the 
lirst  of  the  men  of  Talbot  to  rush  to  Baltimore,  after  the 
affair  of  the  19th  of  April,  to  repel  the  Federal  soldiers  in 
their  passage  througl  that  city  but  became  afterward  one 


208 


AMERICAN  BASTILE. 


of  the  most  bitter  of  those  who  sided  with  that  cause,)  these 
men  came  to  Easton  on  the  25th  of  May,  1862,  bringing  with 
them  a  certain  J.  K.  McPhail,  of  Baltimore,  a  maker  of 
hats,  as  a  sort  of  Marshal  under  the  new  order  of  things. 
The  order  had  gone  forth  from  the  petty  powers  in  Balti- 
more, borrowed  from  their  superiors  in  "Washington,  to 
arrest  those  who  resisted  the  aggressions  upon  civil  liberty  in 
Talbot  County.  The  faithful,  who  had  been  directed  to  arrest 
Judge  Carmichael  for  the  honest  discharge  of  his  duty  in  his 
instructions  to  the  grand  jury,  resolved  to  arrest  Mr.  Powell. 

Accordingly,  on  the  28th  day  of  May,  1862,  while  the 
court  was  in  session,  and  a  cause  on  trial,  in  which  Mr.  Powel 
was  engaged  as  counsel,  McPhail,  with  a  body  of  police,  fol 
lowed  by  a  party  of  petty  military  officers,  entered  the  court- 
room, marched  to  the  Judge's  chair,  and,  without  exhibiting 
any  authority,  attempted  to  arrest  him  on  the  bench.  The 
Judge,  not  knowing  the  persons,  demanded  their  authority. 
McPhail  said  he  was  Marshal  of  Police  in  Baltimore,  but 
declined  to  show  any  voucher  for  this  or  any  order  for  Judge 
Carmichael's  arrest.  His  policemen  drew  their  pistols.  The 
Judge  called  for  the  Sheriff,  who  being  absent  from  his  place, 
ordered  him  to  be  sent  for  by  the  crier  at  the  door.  He  did  not 
appear.  One  of  the  coarse  villains  then  following,  or  rather 
leading  McPhail,  rushed  on  the  Judge,  who  spurned  him  with 
his  foot,  as  he  would  have  done  any  other  cur.  Immediately 
the  other  rascals  (McPhail  among  them)  sprang  upon  the 
Judge  from  behind,  and  struck  him  many  blows  upon  the 
head  with  their  pistols,  completely  stunning  him,  and  pros- 
trating him  on  the  floor.  He  was  then  dragged  out  of  the 
court-room  into  an  entry,  (where  another  citizen  was  fired 
upon  by  the  party  and  others  assaulted;)  but  the  chief  ruffian, 
becoming  alarmed  at  the  extent  of  the  proceeding,  had  him 
brought  back,  into  the  court-room,  his  head  covered  with 
wounds,  the  scars  of  which  he  must  bear  to  his  grave,  and 
the  blood  streaming  from  his  venerable  locks,  and  covering 
his  garments  to  his  feet.  A  company  of  one  hundred  oi 
more  soldiers  had  been  ordered  from  Baltimore  for  the  occa- 


ISAAC    C.   W.  POWELL. 


209 


sion;  and  the  brave  McPhail  did  not  make  his  onslaught 
upon  the  Judge  until  they  were  at  the  suburbs  of  the  town. 
McPhail  then  ordered  the  arrest  of  Mr.  Powell. 

The  Judge  and  Mr.  Powell,  with  two  other  citizens  arrested 
by  these  lawless  wretches,  were  taken  on  board  the  steamer, 
which  was  guarded  by  the  troops,  and  were  placed  in  Fort 
McHenry  the  same  night,  or  rather  in  the  dirty  loft  of  one 
of  the  stables  within  the  enclosure  of  the  Fort,  where  some 
twenty-five  others  were  imprisoned  and  guarded.  The 
apartment  in  which  they  were  placed  was  used  for  the  pur 
poses  of  eating  and  lodging,  with  no  proper  ventilation,  and 
with  the  effluvia  from  filthy  soldiers'  quarters  underneath 
poisoning  the  atmosphere.  From  this  stable-room,  noisome 
with  stench  and  filth,  the  Judge  and  Mr.  Powell  were,  by 
the  intervention  of  friends,  removed  in  a  short  time  to  more 
comfortable  quarters.  The  improvement  was,  however,  v^ry 
slight ;  for  they,  with  four  other  prisoners,  were  confined  in 
a  room  about  eight  by  ten  feet  in  size.  Here  they  remained 
from  the  1st  of  June  to  the  10th  of  July,  and  the  season 
being  hot  and  unwholesome,  but  for  the  kindness  of  General 
Morris,  commandant,  who  gave  them  on  their  parole  the 
privilege  of  walking  about  the  grounds,  they  would  probably 
have  perished. 

On  the  10th  of  July,  they  were  summarily  sent  to  Fort 
Lafayette,  where  a  coarse,  ill-tempered  creature,  named  "Wood, 
and  wearing  the  epaulets  of  a  Lieutenant,  was  in  charge. 
This  low-bred,  cowardly  fellow  took  from  them  their  money, 
watches,  liquors,  and  every  thing  except  their  clothing. 

He  had  the  whole  party  stripped  and  searched  by  his  dirty 
Dutch  sergeant  and  corporal,  in  a  room  filled  with  handcuffs  and 
gyves,  with  an  armed  sentry  at  the  door ;  and  it  is  more  than 
likely  that  if  one  of  the  prisoners,  from  a  tight  boot  or  other 
cause,  had  stamped  heavily,  the  frightened  Lieutenant  would 
have  ordered  them  to  be  shot. 

On  the  night  of  their  arrival,  they,  with  a  large  number  of 
other  prisoners,  were  crowded  into  a  room  where  most  of 
them  were  made  sick,  and  some  were  near  dying.  In  the 
14 


210 


AMERICAN  BASTILE. 


morning  the  Judge  and  Mr.  Powell,  for  permanent  quarters, 
were  placed  in  a  small  arched  room,  where  the  apex  could  ba 
touched  with  the  hand,  and  the  rise  of  the  arch  was  only 
three  feet  from  the  floor.  In  this  cell  or  den  were  crammed 
twelve  human  beings,  with  their  baggage,  beds,  cooking 
utensils,  table,  table-ware,  chairs,  water  arrangements,  etc., 
and  it  required  much  study  and  mechanical  ingenuity  to  pro- 
perly dispose  of  the  bedding  during  the  day,  and  the  other 
furniture  at  night.  There  is  not  a  murderer  in  one  of  our 
jails  or  penitentiaries  who  has  not  equal  or  better  accom 
modations  than  these  gentlemen  had,  who  were  imprisoned 
from  mere  political  malice. 

It  is  unnecessary  to  speak  of  the  outrages  they  endured  in 
this  fort — damp,  dirty,  and  disagreeable  as  it  was,  under  the 
management  of  such  a  creature  as  commanded  it  in  1862. 

On  the  first  day  of  October,  1862,  Mr.  Powell  was  trans- 
ferred to  Fort  Delaware,  by  orders  from  Washington ;  to  which 
place  he  had  been  preceded,  a  few  days,  by  Judge  Carmichael. 
This  was  an  amelioration  of  their  condition,  brought  about 
by  the  influence  of  such  friends  as  Hon.  James  A.  Pearce 
and  Hon.  Reverdy  Johnson,  Senators  of  Maryland,  William 
A.  Spencer,  Esq.,  and  others,  whose  earnest  endeavors  were 
unequal  to  the  task  of  releasing  the  citizens  of  their  State, 
so  illegally  and  wantonly  imprisoned  and  abused,  from  the 
clutches  of  the  tyrant  who  then  controlled  the  Government. 

Mr.  Lincoln,  to  whom  Judge  Carmichael  sent  a  copy  of  his 
charge  to  the  grand  jury,  with  a  statement  of  the  facts  of 
his  illegal  arrest,  expressed  to  Senator  Pearce  his  conviction 
that  these  gentlemen  ought  to  be  discharged ;  but  added, 
that  Stanton  would  not  consent  to  it ;  thus  proving  that  that 
Jacobin  ruled  his  weak  master. 

At  Fort  Delaware,  it  is  due  to  Major  Burton,  then  in  com- 
mand, to  say  that,  he  deported  himself  toward  the  prisoners 
as  an  officer  and  gentleman  ;  and  never  descended  from  his 
position,  in  either  capacity,  to  an  act  of  meanness  or  oppres- 
sion. They  were  allowed  on  parole  the  privilege  of  the  en- 
tire grounds  of  the  Fort  for  exercise  and  amusement,  and 


ISAAC    C.   W.  POWELL. 


211 


all  the  comforts  which  they  could  procure  or  receive  from 
friends  to  alleviate  the  gloom  and  outrage  of  imprisonment. 

On  the  7th  of  December,  1862,  (Judge  Carmichael  having 
been  released  by  order  about  a  week  before,)  Colonel  Perkins, 
the  new  commandant  of  the  Fort,  who  had  superseded  Major 
Burton  a  few  days  previously,  (for  his  kindness  to  the  pris 
oners,)  entered  the  room  of  Mr.  Powell  at  eleven  o'clock  at 
night,  and  informed  him  that  he  was  no  longer  a  prisoner, 
as  an  order  had  come  from  Mr.  Stanton  for  his  release.  His 
room-mates  and  fellow-sufferers  were  Dr.  E.  S.  Sharpe,  of 
Salem,  New  Jersey,  and  Hon.  Madison  Y.  Johnson,  of  Ga- 
lena, Illinois. 

Colonel  Perkins  was  a  regular  United  States  officer  of  the 
West  Point  stamp,  and  discharged  his  duties  most  courteously 
and  properly. 

On  the  following  morning,  Mr.  Powell,  at  the  Colonel's 
request,  called  at  his  office,  and  read  the  following  order,  (of 
which  he  desired  an  official  copy ;)  but  Colonel  Perkins,  not 
wishing  to  place  Mr.  Stanton  in  any  danger,  would  only 
authorize  Mr.  Powell  to  make  a  transcript  of  the  order  him- 
self. This  he  did,  and  called  the  attention  of  both  Colonel 
Perkins  and  Major  Burton  to  its  correctness.  It  came  by 
telegraph,  and  in  these  words : 

"  Washington,  D.  C,  December  6,  1862. 
"  To  Commanding  Officer,  Fort  Delaware : 

"You  will  immediately  release  I.  C.  W.  Powell,  a  prisoner,  who 
M  said  to  have  been  arrested  at  the  same  time  with  Judge  Car. 
michael,  and  who  is  said  to  be  now  in  Fort  Delaware. 

Edwin  M.  Stanton, 
Secretary  of  War." 

Thus  did  Edwin  M.  Stanton  ignore  the  facts  which  were 
not  only  officially,  but  personally  known  to  him ;  for  both 
by  the  records  of  his  office,  and  by  the  application  of  personal 
friends  of  the  prisoners,  was  he  well-informed  of  the  where- 
abouts of  Mr.  Powell;  and  yet  in  his  order  for  discharge,  he 
quibbles  in  saying  that  Mr.  Powell  is  said  to  have  been  arrested 


212 


AMERICAN    B  A  STILE. 


at  the  same  time  with  Judge  Carmich.ael,  and  is  said  tc  be  now  in 
Fjrt  Delaware. 

Mr.  Powell  was  greeted  on  his  return  home  by  a  rush  of 
the  citizens  of  Easton  to  meet  and  welcome  him  ;  and  after 
discharging  his  official  duties  for  the  two  successive  terms  of 
the  court,  was  again,  by  an  unanimous  vote  of  the  convention, 
nominated  for  the  position  of  State  Attorney. 

On  the  same  day  he  was  re-arrested,  together  with  some 
twenty  other  gentlemen  composing  the  Democratic  ticket, 
just  nominated,  and  some  prominent  members  of  the  nom- 
inating convention,  and  informed  that,  by  order  of  the  mili- 
tary authority  then  in  power  under  the  Provost  Marshal,  no 
Democratic  ticket  would  be  allowed  to  be  presented  for  the 
suffrages  of  the  people  of  that  county.  A  new  Clerk  was 
elected  to  the  place,  because  no  one  was  allowed  to  oppose 
him,  but  only  by  about  one-fifth  of  the  vote  of  the  county. 
He  died  soon  after,  and  the  vacancy  was  filled  by  appointment 
of  the  quasi  Judge  of  the  hour.  The  term  of  office  of  the 
late  incumbent  expired  on  the  1st  of  January,  1868,  and  Mr. 
Powell  was  re-elected  to  the  place  from  which  he  had  been 
twice  ejected  by  military  force.  He  now  holds  his  position, 
sanctioned  by  the  sentiments  of  the  people ;  and  will  be  re- 
spected and  honored  long  after  the  mantle  of  oblivion  shall 
have  fallen  on  the  names  of  his  persecutors. 


JAMES  CORBAN  NAYLOR 


TAMES  CORBAN  NAYLOR  was  born  April  22,  184a, 
J  in  Wirt  County,  Virginia.  His  father's  name  was  James 
Naylor,  son  of  William  ISTaylor,  one  of  the  first  settlers  of 
Virginia.  He  was  a  wheelwright  by  trade,  a  pioneer  most  of 
his  life,  and  a  Methodist  minister  for  about  sixty  3^ears. 
He  died  February  9,  1862,  nearly  ninety-one  years  of  age. 
James  C.  Baylor  was  born  when  his  father  was  seventy  years 
old.  His  mother,  Adaline  Naylor,  was  the  daughter  of 
Esquire  David  P.  Morgan,  of  Virginia,  descended  from  the 
family  of  David  Morgan,  the  "  Indian  fighter." 

Mr.  Naylor  received  a  common  school  education  only,  and 
this  mostly  from  his  father.  He  was  reared  on  a  farm,  but 
his  father  being  in  easy  circumstances,  his  youth  was  spent 
in  reading,  the  study  of  nature,  and  writing  poetry,  of  which 
last  he  was  especially  fond.  Most  of  his  effusions  were  writ- 
ten for  self-amusement,  but  many  of  them  have  found  way 
into  the  public  prints. 

In  1860,  at  the  age  of  eighteen,  he  made  a  vigorous  canvass 
for  Douglas  in  Clark  County,  Iowa,  to  which  his  father  had 
removed  in  1856.  He  was  always  immovably  fixed  in  his 
political  principles,  and  unmistakably  plain  in  his  method  of 
defending  them.  Abolitionism  (or  destructionism,  as  he 
called  it)  never  received  a  smile  from  him,  and  he  lost  no 
opportunity  to  denounce  it  in  the  roundest  terms.  White 
this  endeared  him  to  his  political  friends,  it  raised  a  storm 
of  opposition  on  the  part  of  his  enemies,  which  came  near 
ending  in  the  destruction  of  his  life.  Upon  the  election  of 
Mr.  Lincoln,  he  prophesied  war,  but  declared  himself  opposed 
to  both  secession  and  disunion,  and  in  favor  of  compromise. 
When  secession  became  a  fact,  he  still  cherished  a  hope  of 

2i<5 


214 


AMERICA  X  BASTILE. 


an  amicab.e  adjustment,  and  declared,  with  General  Scott 
and  Beecher,  that  "  secession  would  be  but  the  dust  in  tha 
balance  compared  with  war." 

On  the  27th  day  of  August,  1862,  in  the  twentieth  year  oi 
his  age,  he  was  arrested  by  an  armed  mob,  calling  themselves 
soldiers,  on  a  charge  (as  they  verbally  stated)  of  discouraging 
enlistments,  and  treasonable  utterances  against  the  President. 
On  the  same  day  he  was  taken  to  Osceola,  under  promise  of 
trial,  in  company  with  Judge  John  Beal,  a  man  sixty  years 
of  age,  and  at  that  time  an  invalid.  This  man  had  been 
brutally  driven  from  his  house  at  the  point  of  the  bayonet, 
without  the  opportunity  of  bidding  farewell  to  his  weeping 
family.  On  the  next  day,  J.  IT.  Lafollett,  of  the  same  neigh- 
borhood, was  arrested  and  taken  to  Osceola  on  the  same 
charge.  Here  they  remained  for  three  days,  when  they  were 
removed  to  Des  Moines,  where  they  were  incarcerated  for 
two  weeks,  by  order  of  the  United  States  Marshal,  Hoxie. 
All  inquiries  as  to  the  cause  of  arrest,  or  the  time  of  trial, 
were  answered  by  brutish  indignities. 

Their  fare  consisted  of  indifferent  victuals,  in  quantity 
scarcely  sufficient  to  sustain  life.  They  had  no  bedding,  ex- 
cept a  buffalo  robe,  which  was  filled  with  vermin.  Here  they 
were  cut  off  from  all  communication  with  the  outside  world, 
except  such  as  was  approved  by  their  custodian,  a  man  named 
Alexander  Bowers. 

After  two  weeks'  confinement  at  Des  Moines,  the  prisoners 
were  removed  at  night  (increased  in  number  by  the  addition 
of  C.  C.  Mann,  who  was  arrested  on  a  similar  charge,  and 
all  ironed  like  murderers!)  to  Newton  Jail,  in  Jasper  County 
where  they  were  well  treated  for  one  week. 

Thence  they  were  removed,  in  irons,  in  company  with 
seven  others  from  Madison  County,  arrested  on  similar 
charges,  to  Davenport,  on  the  Mississippi,  and  from  that 
place  to  Camp  McClellan,  near  by.  Here  they  all  remained 
until  the  9th  of  December,  1862,  except  Judge  Beal,  who 
was  released  on  the  1st. 

Their  treatment  here,  though  now  proven  to  be  not  past 


JAMES    CAEBIN    N  A  Y  L  J)  It. 


215 


endurance,  is  past  description.  Arrested  in  summer  clothes, 
they  remained  until  the  16th  of  October  in  an  open  shanty, 
which  had  been  occupied  by  soldiers  during  the  warm  season, 
still  later  used  as  a  cavalry  stable,  and  was  now  considered  a 
Buitable  place  of  confinement  for  prisoners  of  state,  whose 
only  violation  of  law  was  that  they  had  advocated  obedience 
to  law,  at  all  times,  by  all  men. 

The  north  and  south  entrances  of  this  frigid  abode  were 
always  open,  and  the  sides  were  full  of  cracks,  large  enough 
to  admit  the  passage  of  a  man's  hand.  No  fire  whatever 
was  allowed,  and  the  only  sleeping  accommodations  were 
loose  boards  to  lie  upon,  and  one  blanket  to  each  prisoner  for 
a  covering. 

The  victuals  were  in  keeping  with  other  things.  The 
prisoners  were  compelled  to  march  out,  and  eat  at  a  table  in 
the  open  air,  regardless  of  rain  or  snow. 

When  Mr.  ISTaylor  appealed  to  the  authorities  for  better 
treatment,  he  was  informed  that  "  such  treatment  is  good 
enough  for  rebels."  To  this  he  replied,  "Your  hearts  are 
colder  than  the  weather,  but  not  so  open  as  our  house.  But 
mark  you !  you  will  get  fire  in  the  next  world  for  refusing  it 
to  us  in  this." 

On  the  16th  of  October,  the  quarters  were  changed.  But 
such  a  change !  They  were  told  they  should  have  fire.  This 
news  itself  warmed  them.  But  if  the  fire  had  been  mixed 
with  brimstone,  the  disappointment  would  not  have  been 
greater.  They  were  removed  to  a  shanty  which  had  been 
used  as  a  chapel ;  but,  as  the  camp  increased,  it  had  been 
converted  into  a  sink,  without  any  change  in  its  condition, 
except  such  as  was  made  with  a  spade.  They  were  taken 
into  this  place,  where  there  was  a  fire,  which  rendered  their 
condition  much  worse.  The  prisoners  hastened  to  the  cracks, 
(which  were,  fortunately,  numerous,)  tore  open  a  window, 
which  had  been  boarded  up,  and  gladly  allowed  the  fire  to  go 
out,  in  order  to  get  rid  of  the  horrible  stench.  Here  they 
were  allowed  straw  beds,  but  no  more  covering.  After  some 
fime,  almost  an  eternity  of  distress,  they  obtained  meanR  of 


216 


AMERICAN  BASTILE. 


renovating  the  floor.  But  chill  December  winds  would  not 
be  tempered  by  a  small  stove  in  such  a  tenement. 

They  appealed  for  means  to  stop  the  crevices.  This  request 
was  granted  them  the  day  before  their  release. 

On  the  9th  of  December  they  were  set  free  in  the  streets 
of  Davenport,  on  parole,  without  trial  or  explanation,  ragged, 
dirty,  sick,  and  half  starved,  nearly  three  hundred  miles  from 
home,  and  without  money.  By  the  kindness  of  Alfred  Ed 
wards,  Esq.,  they  were  enabled  to  reach  home  alive.  On  Mr 
Naylor's  return  to  Osceola,  he  was  met  and  welcomed  by  an 
immense  concourse  of  enthusiastic  friends,  who  had  convened 
for  that  purpose. 

But  Mr.  Naylor's  persecutions  and  sufferings  did  not  end  here. 
In  September,  1864,  when  he  was  at  home,  two  vagabonds,  dis- 
gracing the  name  of  soldiers,  who  were  home  on  furlough, 
robbed  the  neighboring  house  of  Rev.  Thomas  Gobel,  and  so 
threatened  the  old  man's  life  that  he  deemed  it  unsafe  to 
remain,  and  accepted  the  protection  of  his  neighbors  until 
he  could  make  necessary  preparations  to  leave.  Mr.  Bay- 
lor and  eight  others,  viz.,  Oliver  Morgan,  William  Evans, 0. 
P.  Gideon,  H.  B.  Stover,  Garot  Shippy,  John  Shippy,  Graig 
and  John  Conner,  repaired  to  the  house  in  the  evening  to 
afford  the  necessary  protection.  Next  morning  at  daylight 
they  found  themselves  surrounded  by  a  numerous  armed 
mob.  Immediate  preparations  were  made  for  defence.  By 
12  o'clock  M.,  the  mob  had  increased  to  about  three  hun- 
dred. But  the  besieged  kept  them  at  bay,  defying  an  attack. 
Finally  it  was  agreed  that  the  besieged  should  go  quietly 
before  a  Justice  of  the  Peace  without  arms,  and  allow  infor- 
mation to  be  filed  and  have  a  legal  trial.  But  as  soon  as  they 
had  vacated  the  house  and  left  their  arms,  they  were  basely 
seized  as  prisoners  of  war  and  brutally  treated. 

It  should  have  been  stated,  that  Conner  left  the  house  aa 
soon  as  the  mob  appeared,  was  followed  to  his  own  house  by 
a  part  of  the  mob,  and  in  company  with  another  man  brutally 
murdered  that  night.  The  prisoners  were  taken  to  Osceola 
and  kept  there  through  the  night. 


JAMES    CAEBIN  NAYLOR. 


217 


The  next  morning,  after  the  most  fiendish  insults,  they 
were  started  under  guard  for  Des  Moines.  A  few  miles  on 
the  way,  they  were  overtaken  by  an  order  to  "  have  Baylor, 
Morgan,  Gobel,  the  two  Shippys,  and  Evans  shot,  and  the 
others  released,  as  there  is  fighting  to  do  at  another  place." 
This  order  wTas  countermanded  before  the  bloodthirsty  cow- 
ards had  time  to  execute  it. 

The  prisoners  were  taken  to  Indianola,  and  after  Evans 
had  been  beaten  over  the  head  with  a  musket,  and  the  others 
badly  abused,  (amid  the  applause  of  the  bystanders,  political 
scorpions,)  the  commandant  ordered  them  to  be  put  in  a  dun 
geon  over  night ;  and  in  a  damp  underground  cell,  on  a  wet 
stone  floor,  with  a  murderer  and  a  horse-thief  overhead,  with- 
out bedding,  and  with  the  offensive  atmosphere  from  the 
room  occupied  by  the  malefactors,  the  prisoners  spent  a  night, 
worse  than  death. 

Next  morning  everything  was  changed.  The  prisoners 
were  well  treated,  hurried  into  wagons,  after  a  good  break- 
fast, driven  within  ten  miles  of  Osceola,  and  released. 

The  malignant  captors  had  heard  that  the  roads,  on  the 
way  to  Des  Moines,  showed  evident  signs  of  lurking  thunder, 
and  being  informed  that  the  arrest  itself  was  a  crime,  they 
were  glad  to  get  out  of  the  scrape.  Several  unsuccessful 
attempts  to  murder  Mr.  Naylor  were  afterward  made. 

Being  pecuniarily  reduced  by  outrage  and  the  suspension 
of  his  business  for  almost  five  years,  he  is  now  struggling  to 
support  his  family.  Firm,  however,  in  his  principles,  and 
a  bold,  able  denunciator  of  lawless  tyranny,  he  hopes  to  liv« 
to  see  fanaticism  and  usurpation  swept  from  the  land. 


HON.  PHIKEAS  C.  WRIGHT. 


HON.  PHINEAS  C.  WRIGHT,  now  a  resident  of  the  city 
of  New  York,  is  a  native  of  Rome,  Oneida  County, 
State  of  New  York,  and  was  forty-four  years  of  age  at  the 
time  of  his  arrest.  He  removed  from  New  York  to  New  Orleans, 
thence  to  St.  Louis,  about  a  year  prior  to  the  beginning  of 
the  war,  and  when  arrested,  was  a  citizen  of  Missouri.  He 
was  incarcerated  fifteen  months  —  one  day  in  Fort  Wayne, 
eleven  months  in  Fort  Lafayette,  and  four  months  in  Fort 
Warren,  and  was  never  permitted  to  know  of  what  he  was 
accused,  nor  who  was  his  accuser. 

On  the  morning  of  the  27th  of  April,  1864,  he  was  at 
Grand  Rapids,  Michigan,  on  business,  and  was  arrested  at 
the  "  Rathbun  House,"  by  Captain  Wilson,  of  the  20th  In- 
fantry, United  States  Army,  commanding  Fort  Wayne. 
The  order  for  his  arrest  ran  thus : 

"  You  will  proceed  to  the  Russell  House,  in  the  city  of  Detroit, 
or  wherever  else  he  may  be  found,  and  arrest  P.  C.  Wright, 
formerly  a  New  Orleans  lawyer,  whose  plantation  and  slaves 
now  confiscated,  who  is  now  staying  at  said  house.  You  will 
take  him  to  Fort  Wayne  in  a  carriage;  treat  him  with  courtesy 
as  a  gentleman.  You  will  confine  him  in  a  room  by  himself,  and 
make  him  comfortable.  You  will  allow  no  one  to  communicate 
with  him.  You  will  be  careful  to  secure  any  papers  he  may 
have  with  him. 

(Signed)  J.  Randolph  Smith, 

Colonel  U.  S.  A., 
Commanding  Department  of  Michigan." 

This  order  was  placed  in  the  hands  of  Captain  Wilson  a 
tew  days  after  Mr.  Wright  had  started  from  Detroit  for 
Grand  Rapids.    Learning  of  his  absence  from  Detroit,  the 

218 


PHINEAS    C.  WRIGHT. 


219 


Captain  followed  him,  stopping  at  all  the  important  towns 
along  the  line,  until  he  found  Mr.  W.  at  the  Rathbun  House. 
He  was  courteous  in  the  performance  of  his  duty.  He  had 
been  in  the  "  Old  Army "  twenty  years,  and  had  been  pro- 
moted from  the  ranks  as  a  guerdon  of  merit.  On  making 
the  arrest,  he  stated  his  business  to  Mr.  "Wright  in  a  few 
words,  and  handed  him  the  order  for  his  arrest,  remarking, 
"I  am  charged  especially  to  treat  you  as  a  gentleman,  and 
was  assured  that  I  would  have  no  occasion  to  do  otherwise." 
Mr.  Wright  replied,  "I  shall  give  you  no  trouble,  sir."  The 
Captain  then  said,  "I  shall  take  an  apartment  in  the  sleeping 
car  to  Detroit,  to-night,  and  no  one  shall  know  of  your  arrest 
from  my  words  or  actions."  Then  stepping  to  the  door, 
Captain  Wilson  called  in  a  man  whom  he  introduced  to  Mr. 
Wright  as  "  Mr.  Cutcher,  a  detective."  The  party  then  pro- 
ceeded to  the  prisoner's  room,  to  "  secure  any  papers  he  had 
with  him."  This  being  done,  Captain  Wilson  left  the  pris- 
oner in  charge  of  Detective  Cutcher,  and  did  not  again  appear 
until  4  o'clock  p.m.,  when  he  met  them  at  the  depot,  and  all 
took  seats  in  the  cars. 

They  arrived  in  Detroit  at  7  o'clock  the  following  morning. 
As  they  were  emerging  from  the  cars  the  Captain  perceived 
the  provost  guard  drawn  up  in  line  in  the  depot.  He  became 
much  excited,  and  requesting  Mr.  W.  to  take  his  seat,  he 
stepped  up  to  the  guard  and  ordered  them  to  their  quarters. 
He  then  came  back  to  the  cars,  and,  accompanied  by  Mr. 
Wright  and  the  detective,  walked  to  the  "  Biddle  House," 
near  by,  for  breakfast. 

Arriving  there,  the  Captain  stepped  to  the  office,  and  ad- 
dressing the  clerk,  said :  "  I  want  a  private  room  with  a  fire, 
and  breakfast  for  three.  I  have  a  prisoner  of  state,  and  I 
don't  want  to  expose  him  to  unpleasant  curiosity."  This 
was  said  in  an  undertone,  and  was  plainly  not  intended  for 
the  ear  of  Mr.  Wright.  But  having  heard  it,  he  protested 
Against  the  "  private  room."  The  large  dining-room,  being 
open,  looked  warm  and  cheerful  in  that  frosty  morning,  and 
no  guests  being  astir  at  that  early  hour,  he  induced  Captaio 


220 


AMERICAN  BASTILE. 


Wilson  to  take  breakfast  in  the  dining-room ;  after  whichj 
lighting  their  cigars,  they  took  seats  in  a  close  carriage,  and 
were  driven  toward  Fort  Wayne,  three  miles  distant. 

The  party  had  proceeded  about  three  squares  when  the 
carriage  was  stopped,  and  a  long,  lean,  lathy,  and  cadaverous 
individual  thrust  his  countenance  into  the  open  door  of  the  car- 
riage, and  squeaked  forth  in  a  cracked  voice,  "  Good  morning, 
Capt'n  !  We  made  a  big  arrest  yesterday ;  we  got  a  great 
lecturer  —  "  The  fellow  did  not  finish  what  he  had  evidently 
intended  to  say,  for  Captain  Wilson,  flushed  with  anger 
cried  out  sternly,  "  Drive  on,  and  don't  stop  again  until  I  tell 
you."  He  proved  to  be,  as  Mr.  W.  afterward  learned,  aD 
itinerant  preacher,  then  a  chaplain  with  some  volunteers,  and 
had  been  subsequently  promoted  to  a  post  on  the  provost 
guard.  The  prisoner  felt  thankful  to  the  fellow,  for  he  had 
unwittingly  given  him  the  only  clue  to  the  cause  of  his  arrest 
he  ever  received.  About  two  weeks  previously  he  had  read 
a  lecture  to  a  large  and  interested  audience  of  citizens,  of 
every  shade  of  political  sentiment  and  opinion,  at  the  beauti- 
ful town  of  St.  Clair,  near  Detroit. 

Arriving  at  Fort  Wayne,  Mr.  Wright  was  passed  through 
the  office  and  its  routine,  and  conducted  to  a  small  but  cheer- 
ful room  in  the  third  story  of  the  long  line  of  barracks, 
which  were  used  as  the  officers'  quarters.  A  small  boy 
brought  an  armful  of  wood  and  kindled  a  cheerful  fire.  A 
sentry  was  placed  on  the  landing  at  the  foot  of  the  half 
flight  of  iron  stairs  which  led  to  the  door  of  his  room.  Mr 
Wright  was  instructed  to  call  him  by  a  rap  on  the  inside  of 
the  door,  if  he  wanted  anything. 

Presently,  Captain  Wilson  made  his  appearance,  accom- 
panied by  Lieutenant  Jones,  a  polite,  cultivated  young  gen- 
tleman, in  whose  charge  he  leit  his  prisoner  for  the  day, 
as  he  himself  was  going  to  the  city  to  report  to  Colonel 
Smith.  Mr.  Wright  immediately  asked  for  books  and  writ- 
ing materials.  Lieutenant  Jones  presently  brought  him  both, 
of  books  an  armful,  and  from  them  the  prisoner  was  assured, 
that  he  was  a  gentleman  of  fine  taste  and  culture.  Availing 


PHINEAS    C.  WRIGHT. 


221 


himself  of  \he  kindness  of  Captain  Wilson,  Mr.  "Wright  ad- 
dressed the  foLowing  letter  to  "Colonel  J.  Randolph  Smith, 
commanding  Department  of  Michigan : " 

"  Sir  :  I  am  your  prisoner.  May  I  be  permitted  to  know  why 
I  am  here,  and  what  are  the  specific  charges  against  me?" 

Mr.  Wright  says :  "I  then  gave  myself  to  musing  upon 
the  scene  from  my  window,  which,  in  the  glorious  sunlight 
of  that  lovely  spring  morning,  was  beautiful  beyond  descrip- 
tion. The  view  embraced  the  entire  city  of  Detroit,  with  a 
large  section  of  the  surrounding  plain  dotted  with  neat  sub- 
urban cottages  and  a  few  beautiful  mansions,  with  finely  im- 
proved grounds  ;  and  on  the  opposite  side  of  the  river,  a  large 
portion  of  Windsor,  the  neat,  pretty  hamlet  of  Sandwich, 
with  a  long  stretch  of  beautiful  shore  and  a  wide  expanse  of 
back  country,  all  glorious  in  the  freshness  of  young  verdure. 
Further  upward,  *  Belle  Isle '  seemed  to  float  like  a  beautiful 
emerald  on  the  silvery  bosom  of  the  waters  ;  and  still  beyond, 
the  eye  could  take  in  the  vast  marshes  known  as  the  %  St.  Clair 
Flats.'  The  broad,  green  river  was  literally  covered  with 
vessels,  sailing  and  in  tow,  that  seemed  rushing  in  flocks  like 
migratory  fowls  to  the  'Upper  Lakes.'  Indeed,  a  more  en- 
trancing scene  than  that  which  greeted  my  first  gaze  from  a 
prison-room  is  rarely  enjoyed  by  mortals,  even  in  f  reedom.  I 
was  in  a  spell,  real,  palpable.  I  mused  of  liberty,  and  for 
the  first  time  began  to  estimate  and  appreciate  its  priceless 
worth.  Then  my  gaze  would  linger  and  fix  itself  upon  the 
Canada  shore.  There  nature  seemed  to  glow  and  bloom  in 
quiet  loveliness,  as  if  conscious  of  the  genial  sway  of  peace. 
There  the  genius  of  liberty  seemed  to  have  found  sure  refuge 
from  the  madness  which  had  rudely  driven  and  scourged  her 
from  the  land  where  our  sires  erst  enshrined  her ;  and  I 
thought  she  seemed  weeping  in  sorrow  for  the  shameful 
degradation  of  their  sons ! 

"I  turned  to  look  upon  the  noble  city,  when  my  eyes 
instinctively  seemed  to  fall  upon  the  dome  of  the  '  City  Hall,1 
which,  as  it  glistened  with  the  silver  light,  seemed  in  playfui 


222 


AMERICAN  BASTILE. 


wantonness  to  throw  back  the  warm  kisses  of  the  ardent 
sunbeam  —  ay !  upon  that  lofty  roof  hard  by  —  for  beneath  i8 
one  who  knows  not  yet  my  present  sorrows,  who,  through 
sunny  years  has  nestled  in  my  heart  of  hearts !  Thou 
art  still  unconscious  of  my  fate  !  Then  sleep  on  !  0  Memory, 
how  faithful  is  thy  record  to  my  first  hours  in  my  cell  ? " 

About  four  o'clock,  Captain  Wilson  returned  and  presented 
Mr.  Wright  with  the  following  answer  from  Colonel  Smith : 

"  Sir  :  I  am  in  possession  of  your  letter,  and  will  state  that  I 
was  ordered  to  arrest  you,  by  telegraph  from  General  Heintzel- 
man,  on  last  Saturday  p.m. 
"I  am,  sir,  very  respectfully, 

Your  obedient  servant, 
(Signed)  J.  E.  Smith,  Col.  U.  S.  A., 

Commanding,  etc 

"  Detroit,  April  28,  1865." 

About  5  o'clock  p.m.,  Captain  Wilson  again  visited  him, 
saying :  "  I  must  part  with  you.  I  am  ordered  to  deliver 
you  to  Captain  Tyler,  of  Colonel  Smith's  staff,  who  is  wait- 
ing below.  I  am  sorry  to  part  with  you  ;  but  I  hope  it  is  for 
the  best.  I  had  promised  myself  a  pleasant  time  with  you." 
After  descending  to  the  office,  the  prisoner  was  presented  to 
Captain  Tyler,  who,  after  receiving  him  politely,  remarked : 
"  I  am  ordered  to  deliver  you  to  Colonel  De  Radowitz,  of 
General  Ileintzelman's  staff,  at  the  Cleveland  boat." 

After  taking  leave  of  Captain  Wilson,  Lieutenant  Jones, 
ind  other  officers  of  the  garrison,  he  was  placed  in  a  carriage, 
and  driven  to  the  wharf.  Of  the  two  above-named  gentle- 
men, Mr.  Wright  says:  "If  Captain  Wilson  or  Lieutenant 
Jones  be  living  or  dead,  I  know  not ;  but  I  know  that  their 
memory  will  live  with  me  while  my  heart  can  recognize  one 
emotion  of  gratitude."  At  the  boat,  they  found  Colonel  J)c 
Radowitz  in  waiting.  He  received  them  courteously,  remark- 
ing :  "  I  have  an  unpleasant  duty  to  perform,  Mr.  Wright ; 
I  am  ordered  to  conduct  you  to  New  York,  and  deliver  you 


PHINE  AS    C.  WRIGHT. 


223 


to  General  Dix,  but  I  shall  not  make  myself  disagreeable  to 
you."  Mr.  "Wright  thanked  the  Colonel,  and  informed  him 
that  he  need  give  himself  no  occasion  for  the  least  anxiety  on 
his  account.  From  that  moment,  until  he  was  delivered  to 
Colonel  Burke,  he  was  not  subjected  to  the  slightest  con- 
straint Dr  the  least  surveillance  by  Colonel  De  E.,  who  treated 
him,  in  every  respect,  as  a  travelling  companion. 
Mr.  Wright  remarks : 

"  We  took  leave  of  Captain  Tyler,  and  went  on  board  tne 
boat  as  the  sun  was  setting.  We  proceeded  to  an  elegant 
state-room,  or  two  state-rooms  connecting ;  one  of  which 
was  mine,  and  the  other  was  occupied  by  Colonel  De  R. ; 
and,  leaving  there  our  satchels  and  heavy  overcoats,  we  took 
seats  in  the  ladies'  cabin.  Soon  came  in  Cutcher,  with  six 
soldiers,  and  stood  before  us.  Colonel  De  R.  immediately 
arose,  much  excited,  and  sternly  ordered  Cutcher  to  go  with 
his  men  at  once  to  the  forward  part  of  the  boat,  and  remain 
there.  Subsequently,  all  but  two  were  sent  back,  and  those 
two  accompanied  us  to  New  York ;  but  I  did  not  see  them 
until  we  were  crossing  on  the  Jersey  Ferry,  when  I  heard 
Colonel  De  R.  order  them  to  go  to  the  Park  Barracks,  and 
remain  there  until  further  orders. 

"  I  feel  constrained  to  record  here  my  impressions  of  Colo- 
nel De  Radowitz.  He  was  about  twenty-four  years  of  age, 
was  an  officer  in  the  army  of  the  King  of  Prussia,  and  was 
on  '  leave  of  absence '  for  two  years,  that  he  might  '  see  ser- 
vice in  America.'  He  was  first  on  the  staff  of  General 
McDowell,  then  of  General  McClellan,  and  last  of  General 
Heintzelman,  which  station  he  then  held  as  6  aide-de-camp.' 
He  was  dressed  in  neat  undress  uniform,  and  wore  a  service- 
sword,  but  no  revolver,  the  inevitable  and  disgusting  append- 
age of  our  volunteers.  Over  all,  he  wore  a  light  overcoat  — 
not  uniform.  He  was  tall,  graceful,  refined  and  polished  ic 
manners,  and  withal  a  handsome  man  among  a  thousand. 
A  more  perfect  gentleman  I  have  never  met.  He  pronounced 
the  English  language  correctly,  but  with  a  slight  foreigu 
accent.  During  our  whole  progress  to  Xew  York,  he  essayed 


224 


AMERICAN  BASTILE. 


to  entertain  me  as  if  he  would  lighten  my  heavy  load  of  sor- 
row, which  seemed  almost  insupportable. 

"  I  contemplate  the  strange  fact,  unaccountable  even  now, 
that  from  the  first  moment  of  my  arrest,  and  during  my 
entire  journey  to  ISew  York,  I  never  thought  of  Fort  Lafay- 
ette, and  least  of  all  things,  the  possibility  that  I  was  des- 
tined for  eleven  months  to  its  dismal,  living  death." 

About  one  o'clock  on  the  30th  of  April  the  party  arrived 
in  New  York  city.  On  landing  from  the  ferry-boat  the 
prisoner  was  placed  in  a  carriage,  accompanied  by  Cutcher. 
Colonel  De  Radowitz  stepped  aside  as  if  seeking  some  one, 
and  was  met  by  a  young  man  who  handed  him  a  packet,  in 
a  large  Government  envelope.  Immediately  on  receiving  the 
packet  and  reading  it,  he  stepped  to  the  carriage  and  took  a 
seat  beside  the  prisoner.  He  seemed  much  agitated,  and  the 
carriage  had  proceeded  some  distance  in  the  direction  of  the 
Battery,  when  he  broke  the  ominous  silence  with  these  words : 
"  I  have  bad  Dews  for  you,  Mr.  Wright,  very  bad  news  !  " 
The  prisoner  inquired  quickly  —  not  suspecting  its  purport 
—  what  the  news  was  like  ?  "  I  am  ordered  to  carry  you  to 
Fort  Lafayette"  replied  Colonel  De  Radowitz  with  visible 
emotion.  They  proceeded  in  silence.  Arriving  at  Fort  Ham- 
ilton, they  descended  a  flight  of  steps  to  the  wherry,  and 
were  conveyed  across  the  channel  to  Fort  Lafayette. 

Ascending  to  the  Adjutant's  office,  Mr.  Wright  was  form- 
ally delivered  to  Colonel  Martin  Burke,  a  man  apparently 
seventy  years  of  age,  with  features  as  hard  as  iron.  His 
face  plainly  spoke  "  orders  "  in  every  feature  and  lineament. 
He  looked  as  though  he  could  stand  by  the  rack,  thumbscrew, 
or  gibbet  unmoved  by  the  agonies  of  his  victim,  if  "  ordered." 
He  was  the  man  for  the  Bastile. 

After  bidding  farewell  to  Colonel  De  Radowitz  and  Cut- 
cher, the  former  of  whom  left  him  with  cheering  words,  the 
victim  of  despotism  was  passed  through  the  routine  of  office, 
relieved  of  his  valuables,  and  thence  conducted  to  casemate 
No.  3,  scratched  in  the  paint  on  the  door-casing  of  which 
were  the  words : 

' '  Who  enters  here  leaves  hope  behind." 


PHINEAS    0.  WRIGHT. 


225 


We  again  quote  from  Mr.  W  right : 

"Here,  during  my  eleven  months,  there  were  never  lesa 
than  eight,  and  often  thirteen  men.  We  were  locked  up 
after  heing  counted  at  4  retreat,'  and  released  at  4  reveille,* 
but  in  the  day  we  were  permitted  to  walk  on  three  sides  of 
the  area  along  the  borders  of  the  parade  grounds.  W^e  were 
provided  with  iron  bedsteads,  which  folded  against  the  walls 
during  the  day  and  were  let  down  at  night,  and  with  good 
mattresses,  pillows,  sheets,  and  blankets  in  abundance ;  but 
these  were  not  furnished  by  the  Government,  but  were  tho 
gift  of  the  ladies  of  Baltimore  to  the  members  of  the  Legisla- 
ture of  Maryland,  who  were  arrested  by  General  McClellan, 
and  thrust  into  Forts  Lafayette  and  Warren,  some  of  whom 
were  detained  thirteen  months.  Government  furnished  no- 
thing for  the  prisoners  save  very  plain  food,  scantily  dealt  out 
by  a  thieving  commissary,  who  was  subsequently  detected, 
and  fled  from  the  punishment  he  so  well  deserved.  I  will 
not  write  his  name,  lest  I  should  lighten  by  a  shade,  in  com- 
parison, the  character  of  the  mean  fellow  who  succeeded 
him.  His  successor  was  Lieutenant  ,  of  the  17th  In- 
fantry, U.  S.  A.  He  had  been,  in  the  beginning  of  the  war, 
a  member  of  the  noted  'Shriver  Guard,'  of  Wheeling,  Ya., 
but  deserted  his  friends  and  the  cause  of  his  State  for  4  loil ' 
service,  which  paid  better.  He  will  know  himself  in  this 
brief  sketch,  and  will  be  long  remembered  by  many  prisoners. 

44  At  the  period  of  my  arrival  there  were  about  ninety 
prisoners  in  the  Fort,  about  sixty  of  whom  were  prisoners 
of  war,  including  blockade-runners,  and  citizens  picked  up  in 
various  localities  to  count  for  exchange.  Of  these  latter, 
none  had  been  in  the  service.  Most  of  them  were  too  old 
and  infirm  for  any  service. 

44  Later  came  Joseph  Howard,  Jr.,  of  the  Proclamation 
notoriety,  whom  Colonel  Burke  would  always  call  4  Bogus 
Joe.'  He  was  a  man  of  good  heart,  sprightly  intellect,  and 
line  culture,  quick,  lively  sensibilities,  and  withal  a  most 
genial  gentleman  and  a  good  companion.  I  missed  him 
when  he  left  us.  With  him  came  Mr.  Mallison,  his  coad- 
15 


226 


AMERICAN  BASTILE. 


jutor,  who  was  popular  with  all  the  prisoners  through  lna 
good-nature,  genial  mirthfulness,  and  lively  wit,  which  seemed 
ever  gushing  from  an  exhaustless  fountain. 

"  The  monotony  in  Lafayette  was  often  broken  by  the 
arrival  of  the  small  steamer  '  Henry  Burden/  bringing  fresh 
prisoners,  but  more  often  visitors,  and  still  oftener  the  '  Com- 
mission '  and  Judge  Advocate  Bolles.  There  was  not  a  pri- 
soner in  the  Fort,  except  the  accredited  '  prisoners  of  war,' 
save  myself,  who  had  not  been  called  up  before  that  august 
tribunal  once,  twice,  or  thrice.  Every  time  the  boat's  whis- 
tle was  heard,  the  boys  would  cry  out,  'Fresh  fish,'  meaning 
new  prisoners,  or  i  Commish,'  or  4  Bolles.'  That  cry  always 
raised  my  anxious  expectation.  I  would  fancy  my  trial  was 
near,  and  I  never  doubted  that  my  release  would  follow ;  but 
I  learned  that  I  was  not  answerable  to  that  jurisdiction,  but 
that  I  was  the  '  President's  prisoner.' 

"  I  must  omit,  for  want  of  room,  the  narration  of  many 
aotable  incidents  in  my  experience  of  life  in  Lafayette.  I 
cannot  do  justice  to  my  own  feelings,  nor  to  the  memories 
which  I  shall  cherish  through  life,  without  mentioning  the 
kindness  which  I  received  from  all  the  prisoners,  without  a 
single  exception,  and  also  the  uniform  good  feeling  that  pre- 
vailed among  them.  There  were  many  men  of  education 
and  fine  culture.  We  were  denied  the  advantage  of  religious 
instruction  from  the  outer  world.  No  spiritual  friend  and 
counsellor  could  come  within  those  dark  walls  to  say  good 
words  to  us.  In  our  mess,  and  in  other  apartments  were 
several  gentlemen  who  were  members  of  the  Episcopal 
Church.  A  friend  sent  to  me,  by  my  own  request,  eighteen 
prayer-books,  and  a  book  of  church  music.  I  read  service 
every  Sunday  morning  at  11  o'clock,  in  the  '  Battery,'  which 
would  scarcely  contain  all  the  prisoners,  and  there  were  few 
who  did  not  attend  regularly.  We  had  several  young  men 
who  sang  well.  We  had  musical  instruments — flutes  and 
violins  —  and  our  Sunday  choir  might  have  been  welcomed 
in  any  church  in  the  city  of  New  York,  or  elsewhere." 


PHINEAS    C.  WRIGHT. 


227 


On  the  30th  of  August,  1864,  Mr.  Wright  sent  the  follow- 
ing letter  to  Mr.  Lincoln,  which  was  never  answered.  Other 
similar  letters  were  addressed  to  the  President  by  the  pris- 
oner and  his  friends,  asking  for  a  trial  or  release ;  but  they 
availed  nothing,  although  Mr.  Lincoln  several  times  promised 
to  grant  one  or  the  other.  Similar  applications  were  like- 
wise made  to  Mr.  Dana,  and,  after  his  succession,  to  President 
Johnson  —  but  all  to  no  purpose,  as  far  as  known.  The  letter 
reads  ae  follows : 

"Fort  Lafayette,  August  30,  186*4. 
"To  Hw>.  Abraham  Lincoln,  President  of  the  United  States: 

"Sir:  I  have  been  a  prisoner  in  this  fortress  four  months  this 
day.  I  was  arrested  at  Grand  Eapids,  Michigan,  on  the  27th  day 
of  April  last,  'by  order  of  the  President,  through  General  Heint- 
zelman,'  and  by  Colonel  J.  R.  Smith,  commanding  Department 
of  Michigan.  Until  this  hour  I  am  unadvised  of  any  charge  or 
charges  against  me,  or  of  any  special  cause  why  I  was  arrested. 
My  position  is  most  painful  and  mortifying.  In  regard  to  my 
political  sentiments  generally,  or  my  opinions  touching  the  mo- 
mentous questions  of  the  day,  I  am  prepared,  as  I  ever  have  been, 
to  make  a  frank  avowal  of  them.  In  regard  to  my  actions 
touching  the  questions  at  issue,  or  the  parties  to  that  issue,  since 
the  commencement  of  the  war,  I  have  nothing  which  I  desire  to 
conceal.  I  am  a  citizen  of  the  State  of  Missouri,  resident  in  the 
city  of  St.  Louis,  by  profession  a  lawyer.  The  story  of  my 
private  life,  or  of  my  relations,  of  blood,  or  social,  cannot  interest 
you  just  now. 

"  From  you,  as  Chief  Magistrate  and  Executive  of  my  Govern- 
ment, I  have  the  right,  respectfully,  to  demand  justice.  As  a 
citizen,  I  would  fain  appeal  to  your  humane  and  Christian  sym- 
pathies. I  am  incapable  of  crime,  or  of  premeditated  wrong. 
I  dislike  notoriety  of  any  kind,  and  now  respectfully  request 
that  I  may  be  permitted  to  communicate  personally  with  some 
one  in  whom  you  may  confide,  who  shall  be  empowered  to  set 
me  at  liberty,  in  the  event  that  he  shall  be  satisfied  that  there  is 
no  just  cause  for  my  further  detention.  I  trust  that  my  motive* 
in  this  communication  will  not  be  misapprehended. 


228 


AMERICAN  BAST1LE. 


"  The  welfare  of  my  country,  and  her  restoration  to  unity,  peac« 
and  prosperity,  have  been  the  burden  of  my  highest  aspira- 
tions. I  am  not  a  criminal,  begging  for  mercy,  but  a  free  citizen 
demanding  justice,  to  know  whereof  I  am  accused,  and  who  is  my 
accuser,  to  be  confronted  with  the  witnesses  against  me,  tried  by 
the  law,  and  by  it  be  convicted  or  acquitted. 

"  General  Dix,  as  my  counsel  advises  me,  and  Colonel  Burke, 
have  both  promised  that  any  communication  which  I  might  de- 
sire to  send  to  you  shall  be  promptly  forwarded  to  you,  if 
proper. 

"  I  have  the  honor  to  subscribe  myself  with  due  respect, 

P.  C.  Wright." 

On  the  13th  of  March,  1865,  Mr.  Wright  was,  together 
with  seven  other  political  prisoners,  transferred  to  Fort 
Warren,  while  the  prisoners  of  war  were  sent  to  Fort  Dela- 
ware. He  arrived  at  the  Fort  the  following  day,  (March 
14.)  and  was  informed,  had  he  arrived  the  day  previously, 
he  would  have  been  discharged,  with  some  forty  others,  of  the 
same  class  who  had  been  released  that  day.  The  Fort  was 
commanded  by  Major  Allen,  U.  S.  A.,  and  was  garrisoned 
by  a  detachment  of  the  4th  Massachusetts  Heavy  Artillery, 
Governor  Andrews's  pet  corps,  under  the  command  of  Major 
Appleton,  in  all  about  four  hundred  men.  They  were  a  fine 
body  of  men,  and  were  uniformly  kind  and  just  toward  all 
the  prisoners.  Among  the  notable  prisoners  there,  were 
Commodore  Tucker,  of  the  Confederate  Navy,  Generals  Ed- 
ward Johnson,  Ewell,  Jackson,  Marmaduke,  Barton,  and 
many  others  of  General  Lee's  army.  These  general  officers 
were  separated  from  the  other  prisoners,  and  were  assigned 
very  comfortable  quarters  on  the  officers'  side  of  the  Fort. 
They  were  allowed  all  reasonable  privileges,  but  were  not 
permitted  to  speak  to  the  other  prisoners.  Mr.  Wright  was 
assigned  casemate  No.  6,  in  which  were  about  twenty-five 
prisoners.  There  were  seven  of  these  rooms  appropriated  to 
the  prisoners,  but  two,  Nos.  6  and  7,  were  never  locked  at 
night,  as  were  the  other  five,  as  the  icmates  of  the  former 
were  under  parole. 


PHINEAS    C.  WRIGHT. 


229 


The  prisoners  were  privileged  to  walk  on  the  ram  pails 
each  day  as  long  as  they  chose ;  but  having  been  conducted 
thither  by  a  corporal  in  the  morning,  they  were  compelled  to 
remain  out,  or  if  returned  to  their  rooms,  they  could  not  go 
out  again  that  day.  The  two  rooms  6  and  7  were  not 
so  crowded  as  the  rest,  which  contained  fifty,  and  two  of 
them  between  sixty  and  seventy  persons.  It  is  surprising 
that  there  was  so  little  sickness  among  the  prisoners ;  but  the 
most  of  them  were  young  men  who  had  been  well  nurtured, 
and  were  cleanly  in  their  habits.  Early  in  April  he  was  re- 
moved from  No.  6  to  a  very  pleasant  room  under  the  officers' 
quarters,  and  for  eight  weeks  was  permitted  to  remain  there, 
the  last  four  of  which  he  was  alone. 

About  the  last  of  April,  Mr.  Wright  was  informed  by 
Lieutenant  Woodman,  commissary  of  the  prisoners,  that 
Major  Bolles,  Judge  Advocate  on  General  Dix's  Commission, 
was  at  the  Fort,  and  had  come  to  see  him.  The  Lieutenant 
then  called  a  corporal  and  directed  him  to  escort  Mr.  Wright 
to  the  august  presence  of  the  Major,  who  occupied  the  room 
of  an  officer  in  a  distant  part  of  the  Fort.  The  Major  re- 
ceived him  graciously  and  bade  him  be  seated.  After  ex- 
changing a  few  commonplace  remarks  about  the  weather, 
the  prisoner's  health,  and  the  manner  in  which  he  had  en- 
dured his  incarceration,  and  boasting  of  some  of  the  exploits 
while  in  the  performance  of  his  official  duties  as  Judge  Ad- 
vocate in  West  Virginia  and  elsewhere,  he  said :  "  I  have 
called  to  see  you,  Mr.  Wright,  upon  very  important  business, 
and  I  am  authorized  to  propound  to  you  certain  questions, 
and  to  assure  you  that  upon  your  answer  to  those  questions 
will  depend  your  immediate  release,  or  your  further  deten- 
tion." Mr.  Wright  became  very  angry  and  much  excited 
at  the  insolent  tone  in  which  he  had  been  addressed,  but 
calming  himself,  he  said,  "  You  do  not  know  me,  sir,  or  you 
would  not  thus  insult  me.  I  will  hear  your  questions,  and 
will  answer  them  truly  if  I  can,  or  if  I  shall  deem  it  proper 
to  answer  them,  whether  I  shall  be  released  now,  or  remain 
here  to  the  end  of  my  natural  life.  What  I  shall  say  will  bo 


230 


AMERICAN  BASTILE. 


the  truth,  whether  it  should  suit  your  purpose  or  not."  After 
profuse  apologies,  he  said :  ">  I  am  Judge  Advocate  on  tho 
Btaff  of  General  Dix,  and  am  here  in  my  official  capacity.  I 
have  had  much  experience  of  late  as  a  Judge;  I  am  pushing 
inquiries  relative  to  that  dreadful  affair  of  Good  Friday  last," 
pulling  some  papers  from  a  large  envelope ;  "  I  refer  to  the 
assassination  of  President  Lincoln."  Springing  to  his  feet, 
Mr.  Wright  exclaimed,  "What  do  you  mean,  sir?"  The 
Judge  Advocate  hade  Mr.  W.  to  be  calm,  and  cast  his  eye 
toward  the  stalking  sentry  at  the  door,  with  an  ominous 
glance  toward  the  prisoner,  which  bespoke  power.  Then 
opening  a  paper,  he  read  its  contents,  commenting  on  the  sen- 
tences as  he  read  them.  He  argued  that  the  prisoner  must 
unquestionably  be  a  party  to  a  conspiracy  long  since  organ- 
ized to  assassinate  President  Lincoln,  remarking  that  the 
"argument  teas  well  drawn,  and  the  conclusion  inevitable" 

When  the  reading  of  the  papers  was  over,  and  the  infer- 
ences discussed,  as  far  as  force  of  patience  on  the  part  of  the 
prisoner  would  allow,  the  Judge  Advocate  asked  for  a  state- 
ment of  his  case,  which  Mr.  Wright  freely  gave  him.  Bolles 
listened  attentively,  and  noted  accurately  his  words : 

"  I  stated  that  I  came  from  New  Orleans  to  the  W est  in 
the  spring  of  1857,  and  in  the  spring  of  1859  I  brought  my 
family,  with  our  servants,  to  St.  Louis,  and  settled  myself 
there  for  life,  and  engaged  in  the  practice  of  my  profession. 
It  seemed  to  me  needful  to  state  that,  during  the  latter  part 
of  1857,  and  all  of  1858,  I  had  been  in  Iowa  and  Illinois, 
until  I  went  to  St.  Louis,  in  the  spring  of  1859.  He  took 
down  this  statement,  but  used  the  word  'citizen,'  making  me 
to  say  that  I  was  a  citizen  of  Iowa  and  Illinois  prior  to  my 
removing  to  St.  Louis.  I  objected,  saying,  'I  was  never  a 
citizen  of  those  States,  but  was  merely  a  sojourner  or  denizen,* 
He  made  the  correction  I  desired,  anil  then  added, 4  You  are 
now  a  citizen  of  Massachusetts,  and  are  likely  to  remain  so 
for  some  time  to  come.'  "  Thus  another  political  farce  ended, 
and  with  it  died  the  prisoner's  new-born  hope  of  release. 

Mr.  Wright  remained  a  prisoner  in  Fort  Warren  about 


PHINEAS    C.  WEIGHT. 


231 


four  months,  and  was  released  from  his  long  and  unjust  con- 
finement of  fifteen  months,  about  the  first  of  August,  1865. 
No  specific  charges  were  ever  made  against  him,  nor  any  trial 
accorded  him,  unless  a  just  public  can  pronounce  the  above 
examination,  by  Judge  Advocate  Bolles,  a  trial. 
In  conclusion,  Mr.  Wright  says : 

"I  would  not  cherish  a  spirit  of  hatred  nor  revenge 
toward  any  man,  not  even  toward  one  of  those  who  perse- 
cuted me  so  mercilessly.  I  would  fain  believe  that  they  were 
even  conscientious  in  regard  to  their  treatment  of  me,  and 
that  they  thought  themselves  to  be  doing  the  behests  of  jus- 
tice in  view  of  a  supreme  necessity,  which,  if  it  had  existed, 
would  not  have  justified  such  outrage  upon  my  rights  to 
liberty  and  the  pursuit  of  happiness.  "While  I  will  freely 
ascribe  to  them  proper  motives  and  just  considerations,  I 
shall  demand  of  them  a  due  respect  for  my  own  motives,  and 
a  just  consideration  of  all  my  actions  touching  affairs  of 
great  public  interest  and  concern. 

"I  aver,  that  from  the  first  hour  of  the  signal  epoch  which 
has  made  up  its  scroll  for  the  recording  angel,  I  have  never 
known  but  one  sentiment  in  regard  to  my  country,  my  whole 
country ;  and  that  had  for  its  burden  her  past  and  future 
renown,  through  the  exaltation  of  splendid  States,  each  free 
and  independent,  the  grand  creation  of  her  sovereign  people. 
It  is,  it  was,  my  simple  right,  nay  more,  my  highest  duty,  as 
a  free  citizen,  to  scrutinize  the  conduct  of  men  who  had  been 
raised  to  the  places  of  power  as  servants  of  the  people,  and 
to  judge  their  policy  in  regard  to  affairs  committed  to  them, 
equally  in  a  season  of  public  emergency  which  threatened 
the  destruction  of  all  that  we  hold  sacred,  and  even  the 
entire  social  order,  as  in  time  of  peace  and  tranquillity.  I 
availed  myself  of  that  sacred  right,  and  that  was  the  sum  of 
my  offending.  I  shall  again  and  always  use  that  right; 
though  the  gates  of  the  Bastile  should  again  close  behind  me, 
and  the  leaden-winged  months  once  more  inscribe  afresh  the 
horrors  which  time  cannot  efface  from  my  memory. 

"  While  my  soul  would  fain  exalt  itself  in  praise  to  Almighty 


232 


AMERICAN  BASTILE. 


God  for  his  dispensations,  whether  terrible  or  joyful,  I  would 
bless  anew  the  tyrant,  my  oppressor,  and  all  his  myrmidons, 
in  that  they  were,  unwittingly,  however,  His  appointed 
agencies  for  my  instruction  and  exaltation.  I  have  learned 
4  how  sweet  are  the  uses  of  adversity  '  —  how  far  more  pre- 
cious than  gold  are  the  lessons  which  persecution  may  impart 
to  him  who  will  admit  into  his  soul  the  cheering  light  of 
sublime  faith — how  sweetly  wisdom  comes  with  her  gentle 
insinuations  in  the  darkest  hour  of  trial,  though  in  the  sun- 
shine of  prosperity  and  success  she  had  knocked  at  the  door 
only  to  be  scorned  and  denied  admittance !  How  sweetly 
the  grateful  memories  come,  troop  on  troop,  to  the  prisoner 
in  his  cell  —  come  on  the  moonbeams,  on  the  wings  of 
zephyr,  and  even  upon  the  harsh  breath  of  the  storm  as  it 
makes  the  voices  of  midnight  revelry  around  battlement  and 
tower.  Ay !  some  holy  recollections  are  mine !  ye  tyrants, 
usurpers,  myrmidons  of  power  !  But  they  can  never  be  yours  ! 
never !  Ye  have  gathered  spoils,  of  war  and  of  fraud  —  the 
price  of  blood  and  the  purchase  of  the  soul's  virtue !  Ye 
flaunt  the  gems  which  meanest  power  has  filched  from 
weakness  and  innocence,  until  the  sunlight  blushes  red  in 
their  flashing  brilliancy  !  Ye  may  gather  to  these  all  that 
Golconda,  Peru,  and  the  unravished  bed  of  the  ocean  may 
yield,  and  yet,  with  their  sum  twice  told,  ye  may  not  pur- 
chase the  immortal  gems  and  pearls  I  gathered  in  your  grim 
4  Bastile  by  the  Sea  ! '  Your  day  has  come,  but  its  fading 
light  proclaims  the  fearful  night  ye  contemplate  with  fear 
and  trembling,  like  cowards  that  await  an  avenging  jus 
tice  without  hope  ;  while  your  victims  wait  their  morning, 
whose  dawning  light  even  now  climbs  up  the  hea¥ens  U> 
their  view." 

The  following  beautiful  poem  was  composed  by  Mr.  Wright 
while  a  prisoner  in  Fort  Warren : 


PHINEAS    C.  WRIGHT. 


MY  BASTILE  YEAR. 

Oh!  heavy,  sad,  and  gloomy  yean 

As  now  thy  retrospect  I  scan, 
Memory  waits  to  drop  one  tear 

For  th'  inhumanity  of  man  : 
Thy  record,  traced  upon  my  soul, 

Each  burning  line  instinct  with  life. 
As  though  some  fiend  had  marred  the  sCToll, 

Is  stained  with  hate  and  fear  and  strife. 

There  lingers  yet  an  angry  cloud 

Which  shuts  out  every  cheering  ray; 
I  list  the  thunder,  deep  and  loud, 

And  watch  the  vivid  lightnings,  play ; 
Anon,  that  cloud  by  thunder  riven 

And  scattered  in  the  lightning's  gleam, 
I  see  beyond  a  silvery  heaven 

Where  blessed  rays  of  promise  beam. 

I  note  some  weird  pictures  there, 
And  seem  to  hear  th'  enraptured  strain* 

Of  wildering  accents  on  the  air 

Which  zephyr  wakes  along  the  plains. 

There  Love's  enchantments  lingering  glow 
As  now  she  weaves  her  magic  spell; 

I  list  her  voice  in  numbers  flow 
Like  echoes  of  a  fairy  bell. 

Dear  Friendship,  too,  handmaid  of  love, 
Hath  left  the  impress  of  her  hand, 

As  to  my  questioning  heart  she  *d  prove 
Her  kindred  with  the  angel  band. 

Now  Hope  essays  her  magic  powers 

To  lend  her  radiance  to  the  scene, 
Still  strives  to  cheer  my  weary  hours. 

Yet  with  illusions  sweet,  I  ween ; 
She  nestles  under  fancy's  wings, 

And  glistens  in  the  beams  of  noon. 
Now  her  entrancing  carol  sings 

And  flies  me  with  the  waning  moon. 

Oft  she  has  sought  my  casemate  coll 
To  lure  me  with  a  cheering  beam. 


AMERICAN  BASTILE. 


But  when  the  stalking  sentries  yell 
She  flees  like  phantom  of  a  dream, 

But  at  ill  she  points  me  to  the  skies, 
And  leads  her  sister,  Faith,  to  mf». 

That  from  despair  my  soul  may  rise. 
And  bright,  celestial  joys  may  see. 

Faith,  sweet  messenger  of  Heaven 

To  every  wretched  child  of  earth, 
Now  whispers  me  her  mission  given 

To  tell  my  soul  its  heavenly  birth  j 
She  blends  her  light  with  Hope  and  Love, 

And  sheds  her  pure,  transcendent  rays 
T'  illume  the  path  to  realms  above, 

Where  pleasures  dwell  through  endless  daye 
And  Faith  brings  Patience  in  her  train, 

The  virtue  gentle,  meek,  and  fair  ; 
She  constant  sings  her  dulcet  strains 

With  chorus  spirits  of  the  air. 

Be  still,  sad  heart!  thy  murmuring  cease, 
And  heed  the  message  from  above! 

There 's  nought  of  earth  thy  pain  can  ease, 
Make  room  for  Patience,  Faith,  and  Love. 

Now,  Memory  !  the  scroll  is  thine, 

Essay  thereon  thy  weird  skill, 
Bid  hate  to  mar  no  single  line 

By  faintest  trace  of  suffered  ill. 

Let  envy's  dull  envenomed  trace, 

As  serpent  slimes  the  fairest  flowers, 

Thy  precious  tablets  ne'er  deface, 
Nor  soil  the  wings  of  golden  hourb. 

Dispel  the  dark'ning  shades  of  fear 
That  come  like  shadows  of  the  night , 

Tell  my  sad  heart  that  God  is  near, 
He  ever  will  defend  the  right. 

Let  malice  ne'er  the  cup  infuse, 

Which  angels  proffer  to  my  lips, 
Brimful  with  nectar,  pure  as  dews 

The  bee  from  th'  opening  rosebud  sipB 
Should  she,  perchance,  prevail  to  blot 

Thy  record  of  my  Bastile  year, 
Bid  Charity  conceal  the  spot, 

Or  cleanse  it  with  a  shining  tear. 


P1IINEAS    C.  WEIGHT. 


Oh!  let  oblivion's  darkest  wave 

Roll  o'er  thy  gathered  horrors  now, 

Or  hide  them  in  that  welcome  grave, 
O'er  which  eternal  waters  flow. 

Thy  task  is  done ;  bind  up  the  scroll ; 

Bear  it  in  triumph  to  thy  shrine, 
And  thither  lead  my  willing  soul, 

To  dream  in  pleasures  only  thine. 


HON.  RICHARD  H.  STANTON. 


N O  more  flagrant  outrage  upon  the  rights  of  citizens  waa 
perpetrated  during  the  war,  than  the  arrests  made  at 
Maysville,  Kentucky,  on  the  2d  of  October,  1861,  by  General 
William  Nelson.  They  were  not  made  because  the  exigencies 
of  the  military  service  or  the  safety  of  the  country  demanded 
them,  but  because  a  few  political  leaders,  to  whom  General 
Nelson  had  surrendered  himself,  expected  to  promote  their 
party  interests,  by  getting  rid  of  the  most  influential  Demo- 
crats in  the  community. 

General  William  Nelson  was  at  that  time  recruiting  his 
brigade  in  Mason,  and  the  adjoining  counties,  and  had  estab- 
lished a  camp  a  short  distance  from  Maysville.  His  head- 
quarters were  in  the  city,  where  he  was  surrounded  by  his 
counsel  of  advisers,  a  few  men  who  had  been  the  life-long 
enemies  of  the  Democratic  party.  These  men  made  out  a 
proscription  list  for  General  Nelson,  embracing  about  twelve 
of  the  leading  and  most  influential  Democrats  of  the  city, 
and  urged  their  arrest  and  departure  from  the  State. 

On  the  morning  of  the  2d  of  October,  1861,  two  hundred 
armed  soldiers,  from  the  camp,  under  General  Nelson's  orders, 
were  marched  into  the  city,  and  stationed  at  the  market- 
tiouse.  Squads  were  sent  out,  and  the  following  gentlemen, 
whose  names  had  been  selected  by  the  political  coterie  who 
controlled  General  Nelson,  were  suddenly  seized  and  placed 
in  custody  of  the  armed  force  at  the  market-house:  the 
Hon.  Richard  H.  Stanton,  James  H.  Hall,  Washington  B. 
Tolle,  Benjamin  F.  Thomas,  Wm.  Hunt,  Isaac  Nelson, 
George  Forrester,  and  William  T.  Oastoe. 

Mr.  Stanton  had  been  an  influential  and  leading  Democrat, 
who  represented  his  district  in  Congress,  from  1849  to  1855, 

236 


RICH  A  ED    H.  STANTON. 


237 


aDd  filled  other  important  and  responsible  public  positions. 
He  was,  at  the  time  of  his  arrest,  the  Prosecuting  Attorney 
for  the  judicial  district  in  which  he  lived,  and  has  since  been 
unanimously  nominated  for  Circuit  Judge,  and  elected  by  a 
majority  of  about  twenty-five  hundred.  He  is  now  presiding 
as  Judge  in  the  Fourteenth  Judicial  District  of  Kentucky. 

James  H.  Hall  was  the  proprietor  of  a  large  flour  manu- 
facturing establishment,  and  a  most  estimable  and  worthy 
citizen.  Though  a  decided  Democrat,  he  had  never  actively 
participated  in  political  strife. 

Washington  B.  Tolle  was  a  leading  member  of  the  mer- 
cantile firm  of  Pierce,  Tolle  &  Holton,  a  quiet,  amiable  gen- 
tleman, who  had  taken  so  little  part  in  politics,  that  hia 
Democratic  sentiments  were  absolutely  unknown  outside  of 
his  own  immediate  personal  friends.  % 

Benjamin  F.  Thomas  was  the  senior  member  of  the  firm 
of  B.  F.  &  0.  H.  P.  Thomas,  and  one  of  the  best-beloved 
citizens  of  the  place  ;  distinguished  for  his  integrity  and  pri- 
vate virtues,  and,  although  firm  and  decided  in  his  political 
sentiments,  was  always  modest  and  unobtrusive  in  giving 
them  expression. 

William  Hunt  was  a  tobacco  merchant,  an  upright  and 
worthy  citizen,  and  universally  esteemed  by  the  community. 

Isaac  Nelson  was  a  liquor  and  commission  merchant,  a  man 
of  generous  nature,  sterling  integrity,  and  much  personal 
popularity 

George  Forrester  was  a  Democratic  editor,  and  William 
T.  Castoe  a  young  lawyer  of  fine  talents  and  conversational 
powers. 

John  H.  Richardson,  another  merchant  of  high  standing, 
was  also  upon  the  proscriptive  list,  and  was  arrested  ;  but,  by 
the  intercession  of  some  of  his  friends,  was  released  after  a 
short  detention. 

Each  of  these  gentlemen  was  in  the  quiet  pursuit  of  his 
business  when  the  arrests  were  made.  Others  had  been  de- 
liberately marked  as  victims,  but  were  either  not  in  town, 
or  received  timely  warning,  and  managed  to  keep  out  of  the 


238 


AMERICAN    B  \STILE. 


way.  The  sudden  seizure  of  so  many  of  the  best,  and  least 
to  be  suspected  citizens  of  the  town,  produced  intense  alarm 
and  indignation,  and  in  a  few  minutes  the  whole  community 
was  aroused.  The  friends  of  Mr.  Stanton  immediately  ap- 
plied to  the  Hon.  E.  C.  Phister,  then  Circuit  Judge,  for  a 
writ  of  habeas  corpus,  which  was  promptly  granted,  and 
placed  in  the  hands  of  the  Sheriff.  He  proceeded  to  execute 
it,  but  was  prevented  by  General  Nelson  and  his  soldiers. 
The  prisoners  were  then  marched  through  the  streets  to  a 
steamboat  in  waiting  at  the  wharf,  and  carried  to  Cincinnati, 
under  charge  of  a  squad  of  soldiers.  After  the  departure  of 
the  prisoners,  the  indignation  and  excitement  of  the  com- 
munity continued,  and  became  so  intense  as  to  alarm  the 
valiant  General  Nelson,  and  the  political  conspirators  by 
whom  he  had  been  induced  to  commit  so  wanton  and  un- 
provoked an  outrage,  for  their  personal  safety.  A  regiment 
of  soldiers  was  sent  for  and  brought  from  Ripley,  Ohio,  for 
their  protection. 

The  appearance  of  this  re-enforcement  gave  General  Kelson 
and  his  friends  relief,  but  caused  hundreds  of  brave  and 
gallant  men  of  Mason,  and  the  adjoining  counties,  to  hasten 
into  the  Confederate  lines.  Not  only  did  the  young  men 
rush  in  crowds  to  the  ranks  of  the  Confederate  army,  but 
many  of  the  very  be3t  and  worthiest  of  the  old  citizens,  ter- 
rified by  the  brutal  and  wanton  arrest  of  quiet  and  peaceful 
citizens,  and  apprehending  for  themselves  like  treatment,  fled 
for  safety  to  the  mountains,  and  placed  themselves  under  the 
protection  of  the  Confederate  Generals  Marshall  and  Wil- 
liams. 

Nothing  contributed  so  much  to  recruit  the  armies  of  the 
Confederacy  from  Kentucky,  as  this,  and  similar  outrages 
committed  by  the  Federal  authorities  upon  her  citizens.  Of 
the  ten  hundred  and  thirty-one  Confederates  who  met, 
whipped,  and  drove  General  Nelson  and  his  army  of  three  or 
four  thousand  men  from  Ivy  Mountain  in  disorder  and  con- 
fusion, fully  one-half  were  of  those  who  had  been  compelled 
to  leave  their  homes  in  Kentucky,  under  the  terror  inspired 


RICHARD    H  STANTON. 


239 


by  arbitrary  arrests,  and  other  outrages  upon  the  rights  of 
peaceful  citizens.  The  exploit  at  Ivy  Mountain  was  so  dis- 
graceful to  General  Kelson,  that  President  Lincoln,  when  he 
heard  of  it,  could  not  refrain  from  illustrating  it  by  a  charac- 
teristic anecdote,  which  many  will  remember,  as  not  iess  distin- 
guished for  its  obscenity  than  for  its  appropriateness. 

The  gentlemen  arrested  at  Maysville  had  committed  no 
offence,  done  no  act,  which  authorized  their  arrest,  or  in  any 
manner  compromitted  themselves  as  loyal  citizens.  They 
were  never  apprised  of  any  charges  made  against  them. 
They  were  arrested,  exiled  from  the  State,  and  imprisoned, 
for  no  other  reason  than  being  Democrats.  They  preferred 
to  suffer  persecution  and  outrage,  rather  than  sacrifice  their 
political  convictions. 

Mr.  Stanton  and  his  fellow-prisoners  were  taken  to  Cin- 
cinnati, and  there  delivered  to  General  0.  M.  Mitchell,  then 
in  command  at  that  place.  Judge  Leavitt,  of  the  United 
States  District  Court,  upon  the  application  of  Mr.  Stanton, 
issued  a  writ  of  habeas  corpus,  commanding  the  prisoners  to 
be  brought  before  him,  that  he  might  inquire  into  the  legal- 
ity of  their  detention.  Here,  as  at  Maysville,  the  law  was 
trampled  under  foot  by  the  military  authorities  —  General 
Mitchell  refusing  to  allow  this  great  writ  of  liberty  to  be 
executed.  Congress  had  not  then  passed  any  law  suspending 
the  writ  of  habeas  corpus. 

The  prisoners  were  hurried  off  to  Camp  Chase,  where 
they  were  confined,  with  two  hundred  others,  in  a  plank 
enclosure  of  about  one  hundred  and  fifty  feet  square,  during 
the  whole  of  the  month  of  October.  "When  the  prisoners 
were  thrust  into  this  pen,  no  particular  place  was  assigned 
them.  They  were  compelled  to  depend  upon  the  charity  of 
those  occupying  the  place  before  their  arrival,  for  a  spot 
upon  which  to  rest  themselves.  Sixteen  men  were  huddled 
together  in  each  of  the  little  plank  shanties  within  the 
enclosure,  and  required  to  eat  and  sleep,  crammed  together, 
like  so  many  hogs  in  a  railroad  car.  This  the  Maysville 
prisoners  were  compelled  to  endure  for  a  month.  The 


240 


AMERICAN  BASTILE. 


Anderson ville  prison,  or  any  other  in  the  Confederacy,  could 
not  have  been  worse  in  its  accommodations  than  Camp 
Chase,  during  the  month  of  October,  1861 ;  and  yet  these 
gentlemen  were  taken  from  the  comforts  of  their  homes  and 
thrust  into  this  wretched  place,  not  because  they  had  com- 
mitted any  offence  against  the  laws,  but  to  appease  the 
malice  of  political  enemies,  or  give  eclat  to  the  exploits  of 
petty  military  upstarts. 

During  the  whole  period  of  their  confinement  in  Camp 
Chase,  they  were  without  fire  to  keep  them  warm,  were 
furnished  with  but  one  blanket  each,  and  compelled  to  sleep 
upon  the  hard  floor  of  their  filthy  cabin.  The  food  furnished 
by  the  Government,  consisted  of  coarse  bread,  fat  bacon,  and 
refuse  pieces  of  beef.  No  negro  upon  his  master's  plantation 
ever  fared  worse 

On  the  1st  of  November,  a  cold,  rainy,  and  cheerless  day, 
a  Lieutenant  made  his  appearance  at  the  door  of  the  Mays- 
ville  prisoners,  and  required  them  to  answer  to  their  names. 
They  were  then  ordered  to  pack  up  their  baggage  and  pre 
pare  to  leave.  They  were  placed  in  an  omnibus  and  driven 
to  Columbus,  where  they  took  the  cars,  without  knowing 
their  destination.  It  was  not  until  some  time  after  the  cars 
had  left,  that  the  Lieutenant  apprised  them,  that  they  were 
ordered  to  Fort  Lafayette,  in  the  harbor  of  New  York. 

They  reached  New  York  on  the  2d  of  November,  and 
entered  the  Bastile  the  next  morning.  They  found  their 
quarters  there  more  comfortable,  and  the  bearing  of  the 
jailers  more  gentlemanly  and  humane. 

They  were  kept  in  Fort  Lafayette  for  two  months,  and 
then  discharged,  without  having  been  allowed  a  trial  or  even 
informed  of  any  charges  which  existed  against  them.  Mr. 
Stanton's  friends,  from  various  parts  of  the  United  States,  and 
the  friends  of  his  fellow-prisoners,  made  frequent  applications 
to  the  Secretary  of  State,  William  H.  Seward,  to  know  for 
what  offence  they  had  been  arrested,  and  upon  what  charge 
they  were  detained.  The  universal  response  was,  that  there 
were  no  charges  against  them,  but  that  Maryland  had  been 


KIOHAED    H.    STANTON.  241 

kept  in  the  Union  by  arresting  her  best  citizens,  and  that 
Kentucky  should  be  treated  in  the  same  manner. 

The  insufferable  meanness  of  Mr.  Seward  was  well  illus- 
trated by  an  incident  which  occurred  during  Mr.  Stanton's 
confinement.  Some  friends  of  the  Secretary  had  fallen  into 
the  hands  of  the  Confederates,  whom  it  was  desirable  to  have 
released  by  exchange.  It  was  thought  Mr.  Stanton's  desire 
to  be  released  would  incline  him  to  accept  readily  a  proposi- 
tion of  exchange  for  one  of  Mr.  Seward's  friends.  A  New  York 
lawyer  was  commissioned  to  go  to  the  Fort,  suggest  the  pro 
position  to  Mr.  Stanton,  and,  if  possible,  obtain  his  consent. 
The  commission  was  executed  ;  the  lawyer  made  his  proposi- 
tion, but  went  back  with  this  indignant  message  to  the  Sec- 
retary :  "  Go,  sir,  and  tell  Mr.  Seward,  who  sent  you,  that  I 
am  a  citizen  of  Kentucky,  unjustly  deprived  of  my  liberty 
and  that  I  will  not  leave  this  prison  unless  unconditionally 
discharged.  I  am  no  Confederate,  and  the  Government  has 
no  right  to  make  me  one  against  my  consent,  and  shall  not  do 
it  if  I  can  prevent  it." 

Judge  Stanton  was  released  on  the  26th  of  December,  1861, 
after  an  imprisonment  of  nearly  two  months  in  Fort  Lafay- 
ette, and  after  the  wily  Secretary  had  vainly  exhausted  his 
resources  to  entrap  him  into  an  admission  of  guilt  by  an 
exchange. 
ia 


JOHN  W.  SMITH,  alio*  THE  WANDERING  JEW 


"  1  am  as  homeless  as  the  wind  that  moans 
And  wanders  through  the  streets." 

'pUE  WANDERING  JEW,  as  Mr.  John  W.  Smith  was 
familiarly  called  during  his  sojourn  in  the  Old  Capitol 
Prison,  was  an  old  man,  of  not  less  than  sixty-five  years, 
blind  of  one  eye,  a  homeless,  and  apparently  friendless  wan- 
derer. He  was  a  native  of  one  of  the  counties  of  Virginia 
contiguous  to  Washington,  but  had  left  his  native  State  in 
his  youth,  and  wandered  to  the  West,  where  he  spent  most 
of  his  subsequent  life  on  the  frontiers.  He  migrated  to  Kan- 
sas soon  after  that  portion  of  the  country  became  organized 
into  a  Territory,  and  engaged  in  merchandising  and  general 
trading. 

During  the  troubles  in  the  Territory  between  the  John 
Brownists  and  their  opponents,  he  lost  his  property  by  the 
theft  of  the  John  Brown  and  Lane  gangs  of  marauders. 
This  naturally  soured  him  against  the  Abolitionists,  whom 
he  regarded  with  an  aversion  which,  with  him,  knew  no 
bounds. 

The  immediate  cause  of  his  arrest  (as  well  as  it  can  be  as- 
certained) was  his  invention  of  a  bomb  for  disabling  locomo- 
tives while  in  motion,  without  injury  to  the  railroad  trains. 
The  object,  it  would  seem,  of  Mr.  Smith,  in  this  invention, 
was  to  place  it  at  the  disposal  of  the  Federal  Government, 
as  soon  as  he  got  it  perfected,  and  proper  models  made  for  its 
experiment.  He  had  a  friend  in  St.  Louis,  to  whom  he  com- 
municated his  invention  and  design,  requesting  aid  to  enable 
him  to  get  up  a  proper  model,  as  the  Ordnance  Department, 
it  appears,  takes  no  notice  of  inventions  whose  utility  cannot 
be  practioahy  demonstrated. 

242 


JOHN    W.  SMITH. 


243 


The  correspondence  between  Mr.  Smith  and  his  friend  at 
St.  Louis  was  seized,  on  suspicion  of  its  having  referred  to 
some  diabolical  design  against  the  Federal  Government,  and 
Smith  himself  was  seized  at  Jacksonville,  Illinois,  early  in 
August,  1862,  and  transported  to  the  Old  Capitol  Prison. 

He  was  placed  in  the  hospital,  temporarily,  with  Dr. 
Ilewitt  and  others,  for  whom  there  was  no  accommodation 
elsewhere,  and  in  due  time  became  an  occupant  of  room  No. 
13,  and  subsequently  of  No.  16. 

The  conduct  of  the  Administration  toward  this  feeble,  pen- 
niless, infirm  old  man,  aroused  the  sympathies  of  his  fellow- 
prisoners.  When  first  introduced  to  them  in  No.  13,  he  had 
neither  coat  nor  hat,  and  no  change  of  clothing  of  any  kind, 
and  it  was  some  time  before  those  who  had  the  means  to 
help  him  found  an  opportunity  to  do  so.  Being  a  Free- 
mason of  high  degree  in  the  order,  he  contrived  to  make  his 
situation  known  to  his  brethren  in  Washington,  and  through 
the  kind  offices  of  Dr.  Hull,  who  had  access  to  the  prison, 
the  Masons  supplied  some  of  his  wants. 

When  Mr.  Smith  was  brought  to  the  Old  Capitol  he  was 
stripped  nude,  and  his  rags  of  clothes  and  person  searched  for 
evidences  of  whatever  charge  was  made  against  him,  or  of 
the  suspicions  entertained  of  him.  But  nothing  was  found 
to  implicate  him,  or  convict  him  of  any  offence.  Neverthe- 
less, he  was  kept  nearly  two  months  in  the  building,  and  was 
only  released  at  last  (as  were  several  others  at  the  same  time) 
to  make  way  for  some  other  victims. 

Like  all  others,  he  was  wantonly  kidnapped  and  cruelly 
punished  without  cause,  trial,  or  judgment. 

Papers  of  value  to  him  were  taken  from  his  person  when 
arrested,  and  on  applying  for  them  when  he  was  released, 
they  were  withheld.  He  had  an  inventive  mind,  and  was 
continually  thinking  of  improvements  in  implements  of  hus- 
bandry and  domestic  economy;  and,  during  the  war,  of  im- 
provements of  arms,  projectiles,  etc.  He  had  patented  seve- 
ral improvements  in  beehives  and  farm  implements,  but,  like 


244 


AMERICAN  BASTILE. 


most  inventors,  realized  little  or  nothing  from  the  fruits  of 
his  genius. 

The  papers  taken  from  him  had  reference  to  inventions, 
and  when  he  was  set  at  liberty  they  had  been  confiscated, 
doubtless,  as  was  the  property  of  many  other  victims.  When 
this  poor,  miserable  man  was  discharged,  he  was  compelled  to 
beg  the  means  to  feed  himself,  on  his  way  home,  the  Govern- 
ment furnishing  only  transportation. 


I 


GENERAL  WILLIAM  BRIKDLE. 


GENERAL  ¥M.  BRINDLE  is  a  native  of  Muncy,  Ly- 
coming County,  Pennsylvania.  He  represented,  with 
ability,  his  county  in  the  Legislature,  during  the  session  of 
1850-51,  and  was  one  of  the  committee  that  drew  up  the 
Tariff  report,  which  was  presented  to  the  House  on  the  3d  of 
February,  1851. 

Early  in  the  year  1856,  he  removed  to  the  Territory  of 
Kansas,  and  was  commissioned  by  President  Pierce,  (with 
whom  he  had  served  in  the  Mexican  war,)  Indian  Land 
Agent,  with  authority  to  sell  United  States  lands  in  the  Ter- 
ritory,  and  receive  the  proceeds  arising  from  the  sales.  His 
commission  reached  him  on  the  13th  of  September  of  that 
year,  the  anniversary  of  the  entrance  of  the  American  army 
into  the  city  of  Mexico.  General  Brindle  continued  to  hold 
this  position  until  the  election  of  Mr.  Lincoln  to  the  Presi- 
dency, when  he  resigned,  but  was  not  relieved  by  the  appoint- 
ment of  a  successor  until  May,  1861. 

During  the  Kansas  difficulties  of  1856  and  1857,  General 
Brindle  took  an  active  part  in  the  politics  of  that  State,  and 
was  mainly  instrumental  in  ferreting  out  and  defeating  the 
now  well-known  "  Candle  Box "  election  frauds  of  Calhoun 
and  McLean,  and  in  proving  the  perjury  of  the  latter.  The 
General,  although  a  Democrat,  opposed  both  extremes  of 
the  u  Kansas  Question,"  and,  as  a  friend  of  the  people,  he 
used  his  utmost  endeavors  to  obtain  for  them  a  fair  election. 

He  was  arrested  about  1  o'clock  p.m.,  on  the  28th  of  July, 
1862,  at  his  residence  in  Lecompton,  Kansas,  by  a  Govern- 
ment detective,  named  Carpenter,  supported  by  a  company 
of  Wisconsin  cavalry. 


246 


AMERICAN  BAST1LE. 


General  Br  indie  demanded  to  know  by  what  authority  hid 
premises  were  surrounded  by  armed  men,  and  he  deprived 
of  liberty.  The  officer  in  command  replied  that  it  was  by 
order  of  General  Blunt. 

When  asked  to  produce  the  order,  the  officer  commanded 
I  he  ten  men  in  the  room  to  draw  their  revolvers,  which  they 
did,  covering  the  person  of  the  General.  On  being  informed 
that  no  resistance  was  contemplated,  the  soldiers  lowered 
their  weapons. 

The  General  then  inquired  upon  what  charge  or  charges 
lie  was  arrested,  and  was  informed  that  it  was  on  account  of 
his  being  a  terror  to  the  Union  men,  and  having  arms  in  his 
house. 

The  absurdity  of  the  first  charge  is  manifested  by  the  fact 
that  there  were  seated  in  the  room,  at  the  time,  several  ex- 
treme Abolitionists  of  Lecompton  and  the  vicinity,  who  had 
just  dined  at  the  General's  table. 

Accompanied  by  his  wife,  he  set  out  for  Fort  Leavenworth 
the  same  evening,  guarded  by  the  detachment  of  cavalry. 
The  command  halted  in  the  city  of  Lawrence  for  the  night, 
when,  through  the  influence  of  an  extreme  anti-slavery  man, 
but  a  personal  friend,  he  was  released  on  his  parole  to  report 
the  following  morning  at  nine  o'clock. 

Here  the  General  and  wife  were  hospitably  entertained  by 
Dr.  C.  E.  Miner  and  family,  of  that  city.  The  Doctor,  who 
was  present  at  the  time  of  his  arrest,  and  knowing  its  in- 
justice, and  who  was,  moreover,  a  bold  and  defiant  friend  of 
constitutional  liberty,  and  a  sworn  enemy  to  the  despotism 
then  reigning  supreme  in  Kansas,  went  with  him  to  the  head 
quarters  of  Captain  Stout,  where,  in  the  presence  of  the  mili- 
tary authorities  and  detectives,  he  boldly  denounced  the 
arrest,  and  offered  to  accompany  the  General  to  Fort  Leaven- 
worth. 

The  command  pushed  forward,  and  arrived  at  Leavenworth 
City  about  dark.  The  General  obtained  permission  to  ac- 
company his  wife  to  the  Planters'  House,  where  he  met  some 
friends  connected  with  the  army,  who,  learning  of  his  arrest, 


GENERAL    WILLIAM    BRINDLE.  247 


volunteered  to  go  to  the  Fort  and  procure  his  release,  which 
they  did  the  same  evening. 

He  was  confined  in  one  of  the  most  filthy  prisons  it  is  pos- 
sible to  conceive,  and  which  he  found  to  be  full  of  old  resi- 
dents of  the  Plains,  who  had  been  seized,  dragged  from  their 
homes,  and  imprisoned  for  weeks,  without  any  known  cause, 
and  denied  all  intercourse  with  outside  persons. 

The  sanitary  condition  of  the  prison  was  totally  neglected, 
and  the  stench,  arising  from  the  accumulated  filth  on  the 
floor,  was  sickening.  Soon  after  entering  it,  he  had  an 
opportunity  to  see  the  food  furnished  the  prisoners  for  sup- 
per, which  was  as  loathsome  and  disgusting  as  it  was  un- 
wholesome, and  was  totally  unfit  to  be  eaten  by  a  human 
being. 

This,  together  with  other  uncalled-for  inhumanities  which 
were  practised  on  those  noble  pioneers  of  civilization,  who 
were  charged  with  no  offence,  and  whose  fealty  to  the  Gov- 
ernment was  above  reproach,  was  an  act  of  cruelty  and  in- 
justice which  will  be  remembered  by  the  citizens  of  the 
West,  long  after  its  perpetrators  shall  have  sunk  into  the 
tomb  of  the  Capulets. 

As  soon  as  the  friends  alluded  to  could  go  to  the  Fort  and 
obtain  an  order  for  the  General's  release,  he  was  discharged, 
but  ordered  to  report  at  9  o'clock  a.m.,  on  the  30th  of  July. 

He  reported  at  the  Provost  Marshal's  office  at  the  ap- 
pointed time,  and  was  informed  by  that  official,  that  there 
were  no  charges  against  him,  but  that  he  must  enter  into 
bond,  with  security,  not  to  leave  the  State  without  the  per* 
mission  of  the  Military  Commission,  and  to  appear  before  it 
when  notified  to  answer  to  any  charges  that  would  be  made 
against  him. 

On  the  18th  of  August,  he  demanded  an  honorable  release 
from  his  bond,  which  was  sent  to  him  with  the  following 
indorsement : 

"Prisoner  honorably  discharged,  August  26,  1862,  and  bond 
cancelled.  (Signed)  E  A.  Calkins, 

Major  3d  Wisconsin  Cavalry,  and  Provost  Marshal  " 


248 


AMERICAN  BASTILE 


On  the  morning  after  his  release,  he  made  known  to  the 
residents  of  the  city  of  Leavenworth,  that  a  large  numher 
of  persons  were  held  in  durance  by  the  military  authorities, 
who  did  not  know  why  they  had  been  arrested,  as  no  charges 
had  been  filed  against  them.  He  succeeded,  with  consider- 
able difficulty,  in  obtaining  their  release  on  the  last  day  of 
July. 

General  Brindle  returned  to  his  native  State  in  October 
1862,  where  lie  has  since  resided. 


JOHN  T.  GILMER,  M.D 

DR.  JOHN  T.  GILMER,  of  Adams  County,  State  of  Illi- 
nois,  was  born  in  Wilkes  County,  Georgia,  in  the  year 
1808.  He  was  a  son  of  Dr.  John  T.  Gilmer,  a  Virginian  by 
birth  and  education,  who  removed  from  Virginia  to  Georgia, 
and  from  Georgia  to  Kentucky,  in  the  year  1813,  and  from 
Kentucky  to  Illinois  in  1833. 

The  subject  of  this  sketch  had  in  early  boyhood  embraced 
the  Christian  religion,  and,  throughout  his  life  and  in  the 
hour  of  death,  he  was  cheered  and  sustained  by  its  influence. 

He  was  courteous,  kind,  generous,  and  hospitable.  These 
virtues  drew  around  him  the  poor,  who  sought  his  beneficence, 
the  helpless,  to  whom  he  extended  a  generous  aid,  and  the 
persecuted,  who  found  shelter  beneath  his  roof. 

A  hungry  man  never  left  the  house  of  Dr.  Gilmer,  nor  did 
a  shivering  stranger  ever  approach  it  without  receiving  an 
invitation  to  warm  at  his  fires,  and  share  the  comforts  of 
his  home. 

When  the  reign  of  cruelty,  torture,  and  terror  was  supreme 
in  Missouri,  hundreds  of  its  best  citizens  were  driven  out  of 
their  houses  to  witness  the  destruction  of  their  property, 
insult  to  their  families,  and  to  make  their  escape  at  midnight, 
by  the  dazzling  light  of  their  burning  dwellings.  Others, 
seeing  their  parents  or  children  shot  down,  fled,  to  escape 
with  their  lives,  and  in  distant  places  sought  shelter,  until 
the  murderous  storm  was  over. 

"Wherever  they  hoisted  their  standards  black, 
Before  them  was  murder,  behind  them  was  wreck." 

Men  were  shot  down  in  the  fields,  and  their  remains  wer?  fed" 
to  the  swine.  Nameless  cruelties  were  perpetrated,  until  many 

249 


250 


AMERICAN  BASTILE. 


of  the  people  of  Missouri  were  strangers  aud  pilgrims,  scat« 
tered  over  the  Mississippi  Yalley. 

The  wide  extent  of  Dr.  Gilmer's  acquaintance,  as  a  mem- 
ber of  the  Christian  Church  and  as  a  physician,  attracted 
many  of  the  most  respectable  of  these  refugees  to  his  house, 
where  he  entertained  them  with  a  liberality,  which  will  be 
kindly  remembered  after  his  persecutors  are  dead  and  for- 
gotten. This  kindness  was  considered  an  offence  against 
"  loyalty,"  and  occasioned  his  arrest. 

In  the  summer  of  1863,  the  Doctor  was  seized  at  his  home 
and  dragged  to  Quincy,  by  a  regiment  of  mercenaries, 
mainly  Austrians,  who  had  been  engaged  with  llaynau  in 
his  butcheries  in  Hungary,  and  who  had  committed  several 
murders  in  the  Quincy  military  district.  From  Quincy  he 
was  taken  to  Springfield,  Illinois,  by  these  brutes,  (who  had 
insulted  his  family  at  the  time  of  his  arrest,)  cast  into  a  miser- 
able, filthy  prison,  and  there  detained  until  the  indignation 
of  the  people,  at  the  grossness  of  these  outrages,  became  so 
wide-spread,  that  the  authorities  were  compelled  to  release 
him. 

He  had  committed  no  offence,  unless  it  be  an  offence  to 
feed  the  hungry,  clothe  the  naked,  and  visit  the  sick. 

This  imprisonment  wounded  his  proud  and  sensitive  spirit 
to  such  an  extent,  that  he  never  afterward  enjoyed  good 
health.  He  had  a  stroke  of  apoplexy,  induced  by  his  im- 
prisonment, from  which  he  partially  recovered,  but  finally 
yielded  to  its  power. 

He  died  as  he  lived,  the  friend  of  liberty,  and  the  servant 
of  God. 


JOHN*  H.  COOK. 


THE  case  of  Mr.  John  H.  Cook,  although  not  a  grievous 
one  in  comparison  with  others,  because  he  was  not  sub 
jected  to  the  personal  indignities  which  many  others  suf- 
fered, is  an  interesting  one  from  the  fact  that  it  shows  the 
malice,  the  lawlessness,  and  the  vindictiveness  with  which 
he  was  persecuted. 

Mr.  Cook  was  born  in  the  village  of  Seaford,  Sussex 
County,  Delaware,  on  the  22d  day  of  July,  1817.  He  has 
been  for  thirty-three  years  a  resident  of  the  city  of  Philadel- 
phia, and  has  always  borne  an  unexceptionable  character. 

He  was  arrested  on  the  22d  of  September,  1862,  on  an 
order  issued  by  the  Secretary  of  War,  Edwin  M.  Stanton, 
and  directed  to  Benjamin  Franklin,  Chief  of  the  Detective 
Police  Force  of  the  City  of  Philadelphia.  The  names  of 
those  who  are  supposed  to  have  made  the  affidavit  on  which 
the  warrant  for  Mr.  Cook's  arrest  was  issued,  are  George 
Wood,  William  Lowry,  and  Thomas  Naylor.  The  order 
was  placed  in  the  hands  of  John  Lemon  and  W.  Barthol- 
omew, who  made  the  arrest.  Mr.  Cook  knew  not  then,  nor 
has  he  yet  been  informed  of  the  cause  of  his  arrest,  but  sup- 
poses it  was  because  he  had  the  moral  courage  to  openly 
proclaim  himself  a  Democrat. 

At  the  time  of  his  arrest,  he  was  engaged  at  his  daily 
business,  he  being  the  receiving  teller  in  the  Kensington 
National  Bank,  which  position  he  has  held  with  credit  for 
fifteen  years.  He  was  taken  from  the  bank  to  the  Mayor's 
office,  and  incarcerated  in  the  room  of  the  detectives. 
Mr.  Cook  having,  on  his  way  thither,  incidentally  met  with 
I  Newton  Brown,  Esq.,  a  member  of  the  Philadelphia  bar, 
in  an  undertone  stated  his  case,  and  requested  Mr.  Brown  to 

251 


252 


AMERICAN  BASTILE. 


apply  for  a  writ  of  habeas  corpus,  which  he  did  immediately, 
while  the  prisoner  was  still  in  confinement.  Mr.  Lemon,  one 
of  the  detectives  who  had  made  the  arrest,  called  him  ont 
after  an  hour  or  so,  and  was  about  to  take  him  away,  to 
lock  him  up  in  a  cell  until  the  train  left  in  the  evening  for 
the  city  of  Washington.  Mr.  Cook  asked  where  he  was 
going,  and  the  reply  was  as  above  stated.  He  solicited  the 
favor  of  another  half-hour,  knowing  that  before  its  expira- 
tion Mr.  Brown  would  return  with  the  writ.  The  request 
was  granted,  and  he  was  returned  to  the  office,  and  shortly 
afterward  ordered  before  the  court. 

The  writ  was  granted,  and  the  officers  having  him  in 
custody  not  being  able  to  name  any  charge  against  him,  the 
United  States  District  Judge,  Cadwalader,  proposed  hold- 
ing him  in  his  own  recognizance,  but  the  detectives  claimed 
him  as  a  prisoner  of  the  Government.  Cook,  feeling  secure 
for  the  time  being,  said  he  was  perfectly  willing  they  should 
hold  him  as  a  prisoner  of  the  Government.  They  then 
imprisoned  him  in  a  station-house  during  the  night,  "  a 
lock-up  "  for  thieves,  burglars,  and  pickpockets.  The  next 
day  he  was  brought  before  the  United  States  Court,  George 
A.  Coffey,  Esq.,  acting  as  counsel  for  the  Government;  but 
he  not  having  received  any  instructions  from  the  Depart- 
ment at  Washington,  requested  the  case  might  be  continued 
until  the  following  day.  This  was  granted,  and  Mr.  Cook 
was  held  in  three  thousand  dollars  bail  for  his  appearance. 

On  the  succeeding  day,  Mr.  Cook  made  his  appearance  in 
court  with  his  counsel,  Messrs.  George  M.  Wharton,  Charles 
Ingersoll,  and  John  A.  Marshall,  who  had  been  retained  for 
the  prisoner,  in  addition  to  Mr.  Brown.  On  his  second 
appearance,  the  Judge  Advocate,  Mr.  John  C.  Knox,  sur- 
prised the  Court,  and  the  anxious  spectators,  by  the  announce- 
ment that  the  Government  had  ordered  the  prisoner's  dis- 
charge. 

Thus  ended  this  unjust  attempt  to  injure  and  disgrace  a 
most  worthy  citizen  of  Philadelphia,  whose  son  at  that  time, 
was  in  the  army,  fighting  for  and  protecting  these  miscreants 
a*  home. 


/  z 


HON.  GEORGE  WILLIAM  BROWN. 


HON.  GEORGE  WILLIAM  BROWN,  a  distinguished 
lawyer  of  Baltimore,  was  elected  Mayor  of  that  city, 
in  the  autumn  of  1860.  For  a  number  of  years  previously, 
the  city  had  been  entirely  under  the  control  of  the  Know 
Nothing  party. 

After  that  party  came  into  power,  it  so  mismanaged  public 
affairs  that  it  fell  largely  into  the  minority ;  but,  having  the 
appointment  of  all  the  officers,  including  the  judges  of  elec- 
tion and  police  force,  it  succeeded  in  carrying  every  election 
by  a  system  of  organized  fraud  and  violence  at  the  polls, 
which,  up  to  that  time,  was  without  a  parallel  in  the  history 
of  the  country. 

This  state  of  things  led  to  the  formation  of  the  Reform 
party.  After  a  strenuous  and  determined,  but  ineffectual 
resistance  at  the  polls,  the  leaders  of  the  Reform  movement 
applied  for  and  obtained  from  the  Legislature  of  the  State,  a 
system  of  laws,  very  carefully  prepared  by  them,  which  pro- 
vided for  the  creation  of  a  Board  of  Commissioners  by  the 
State,  with  power  to  appoint  and  control  the  police,  and  also 
appoint  the  judges  of  elections. 

Under  the  operation  of  these  laws,  there  was  held,  in  the 
autumn  cf  1860,  the  first  fair  and  peaceable  election  which 
had  taken  place  in  the  city  of  Baltimore  for  many  years,  and 
Mr.  Brown,  as  the  nominee  of  the  Reform  party,  (of  which, 
from  the  beginning,  he  had  been  a  prominent  member,)  was 
chosen  Chief  Magistrate  of  the  city  by  a  very  large  majority. 

One  of  the  cardinal  principles  of  the  party  was  to  keep 
the  affairs  of  the  city  carefully  separated  from  national  poli- 
tics, and  this  principle  Mr.  Brown  steadfastly  adhered  to 
throughout  his  administration,  notwithstanding  the  difficul 
ties  interposed  by  the  breaking  out  of  the  war. 

253 


254 


AMERICAN  BASTILE. 


Mr.  Brown's  opinions  on  national  affairs  were,  however,  very 
decided,  and  were  freely  expressed.  He  was  opposed  to  slavery, 
and  earnestly  desired  to  see  it  abolished  by  constitutional  and 
legal  means,  but  by  those  only.  He  did  not  think  that  a 
State  had  a  institutional  right  to  secede  from  the  Union, 
but  he  believed  that  the  constitutional  rights  of  the  Southern 
States  had  been  persistently  violated  by  the  iNorthern  States, 
on  a  point  which  the  former  had  always  regarded  as  funda- 
mental —  the  rendition  of  fugitive  slaves;  and  that  not  only 
was  the  General  Government  both  unable  and  unwilling  to 
afford  redress,  but  that  the  advent  of  the  Republican  party 
to  power  on  the  basis  of  the  Chicago  platform,  and  with  its 
avowed  hostility  to  slavery,  clearly  boded  additional  aggres- 
sions on  the  rights  of  the  slaveholding  States. 

On  these  grounds,  while  he  deprecated  secession  as  an  un- 
wise step,  he  thought  that  the  Xorth  should  either  guarantee 
to  the  South  its  constitutional  rights,  or  let  it  depart  in  peace, 
and  he  was  therefore  opposed  to  the  war,  which  he  believed 
to  be  waged  for  the  purpose  of  subjugation. 

Maryland  being  a  Border  State,  it  was  natural  that  the 
sympathies  of  her  people  should  be  divided,  but  it  is  un- 
doubtedly true  that  the  feelings  of  the  large  majority,  both 
in  the  State  and  in  the  city  of  Baltimore,  were  strongly  en- 
listed on  the  side  of  the  South.  When,  therefore,  the  Presi- 
dent, by  his  proclamation  issued  in  April,  1861,  called  out  a 
volunteer  force  of  seventy-five  thousand  men,  who  were  to 
assemble  in  Washington,  a  violent  feeling  of  indignation  was 
aroused.  It  was  regarded  as  an  attempt  to  overrun  and  sub- 
jugate the  South. 

The  first  detachment  of  troops  came  from  Pennsylvania, 
and  were  without  arms.  They  were  escorted  through  the 
city  by  the  police,  who  protected  them  from  violence  from 
the  angry  crowd  who  followed  them. 

The  next  day,  the  memorable  19th  of  April,  a  body  of 
troops  fully  armed  and  equipped,  arrived  from  Massachusetts. 
The  police  authorities  had  previously,  but  in  vain,  endea- 
vored to  ascertaio  the  precise  time  of  their  arrival,  in  order 


GEORGE    WILLIAM  BROWN. 


255 


that  proper  arrangements  might  be  made  for  their  reception^ 
and  had  kept  the  whole  police  force  for  many  hours  in  readi- 
ness, so  that  they  were  almost  worn  out  from  fatigue.  But 
the  authorities  of  the  United  States  kept  back  all  informa- 
tion, until  about  an  hour  before  the  troops  actually  arrived, 
and  then  gave  instructions  which  proved  to  be  most  injudi- 
cious. 

The  police  authorities  were  directed  to  receive  the  troops 
at  the  Camden  or  Washington  Station,  although  they  were 
to  arrive  at  the  other  end  of  the  city,  at  the  Philadelphia 
Station.  They  were  not  to  march  through  the  city,  but  were 
to  be  carried  through  on  the  cars.  The  first  cars  came  safely 
through  to  the  Camden  Station,  where  the  police  were  drawn 
up  in  force,  but  the  last  were  not  so  fortunate.  A  mob  tore 
up  the  rails  near  the  Philadelphia  Station,  and  a  force,  con- 
sisting of  several  companies,  was  compelled  to  leave  the  cars 
and  march. 

The  mob  was  unarmed,  except  a  few  pistols,  and  attacked 
the  soldiers  with  stones  and  such  missiles  as  they  could  lay 
hands  on.  The  Mayor  had  left  the  Camden  Station,  suppos- 
ing that  all  the  troops  had  safely  arrived  there,  and  that  the 
danger  was  over,  and  was  walking  to  his  office  in  the  direc- 
tion of  the  advancing  companies,  when  information  was 
brought  to  him  of  the  attack.  He  immediately  hastened  tc 
the  spot,  and  sent  an  order  to  the  Marshal  to  follow  with  a 
body  of  the  police.  He  met  the  troops  rapidly  marching, 
the  crowd  following.  He  placed  himself  at  the  head  of  the 
troops  and  marched  with  them,  but  his  presence  did  not  avail 
either  to  protect  them  from  attack  or  the  citizens  from  their 
indiscriminate  fire. 

Men  were  killed  and  wounded  on  both  sides.  Soon,  how- 
ever, the  Marshal  of  Police,  at  the  head  of  about  fifty  men, 
rushed  forward  from  the  direction  of  the  Camden  Station, 
parsed  to  the  rear  of  the  troops,  threw  themselves  across  the 
street,  and,  with  pistols  presented,  kept  back  the  advancing 
mob. 

The  soldiers,  thus  protected,  marched  to  Camden  Station, 


256 


AMERICAN  BAST1LE. 


were  placed  in  the  cars,  and  sent  forward  to  "Washington, 
and  but  for  this  timely  succor  would  have  suffered  severely. 
The  effect  of  the  collision  on  the  people  was  instantaneous 
and  prodigious.  Citizens  not  engaged  in  the  strife  had  been 
killed.  Scenes  of  future  bloodshed  were  apprehended ;  the 
passions  of  the  young  and  excitable  were  fearfully  aroused, 
and  the  most  sober-minded,  and  even  those  of  the  strongest 
Union  sentiments,  for  a  time  shared  in  the  excitement. 

The  people  appeared  to  have  come  to  the  unanimous  de- 
termination that  no  more  troops  should  pass  through  the 
city.  But  other  troops  were  known  to  be  on  the  way,  and 
might  arrive  at  any  moment,  and  their  arrival  would  have 
been  the  signal  for  the  renewal  of  the  strife. 

The  authorities  of  the  city  telegraphed  to  "Washington, 
but  received  no  reply.  In  this  dilemma,  the  Mayor  and 
Police  Commissioners,  with  the  approbation  of  Governor 
Hicks,  who  was  then  in  Baltimore,  caused  certain  bridges  on 
the  Northern  Central  Eailway,  and  the  Philadelphia,  "Wil- 
mington and  Baltimore  Railroad,  to  be  disabled;  and  this 
was  done  just  in  time  to  prevent  a  body  of  unarmed  troops, 
^rom  Pennsylvania,  entering  the  city. 

On  Sunday  morning,  April  21,  at  about  3  o'clock,  Mr. 
Brown  received  a  telegram  from  President  Lincoln,  request- 
ing him  and  Governor  Hicks  to  go  to  Washington,  and  stat- 
ing that  a  special  train  would  be  provided  for  the  purpose. 
Governor  Hicks  had  gone  to  Annapolis,  but  Mr.  Brown,  ac- 
companied by  several  friends,  proceeded  at  once  to  "Washing- 
ton, and  had  a  long  interview  and  frank  explanation  and  in- 
terchange of  opinions  with  the  President  and  Cabinet,  and 
also  with  the  Commander-in-chief,  General  Scott,  who  was 
present  at  the  meeting. 

The  substance  of  the  interview  was  published  at  the  time 
in  the  following  card,  which  appeared  in  the  papers : 

"Baltimore,  April  21,  7 1  o'clock  p.m. 
"  Mayor  Brown  received  a  telegram  from  the  President  of  the 
United  States,  at  3  o'clock  this  morning,  directed  to  himself  and 


GEORGE    WILLIAM    BROWN.  257 


flovernoi  Hicks,  requesting  them  to  go  to  Washington  by  spe- 
cial train,  in  order  to  consult  with  Mr.  Lincoln  for  the  preserva- 
tion of  the  peace  of  Maryland.  The  Mayor  replied  that  Gov- 
ernor Hicks  was  not  in  the  city,  and  inquired  if  he  should  go 
alone. 

"Receiving  an  answer  by  telegraph  in  the  affirmative,  his 
Honor,  accompanied  by  George  W.  Dobbin,  John  C.  Brune,  and 
S.  T.  Wallis,  Esqs.,  whom  he  had  summoned  to  attend  him,  pro- 
ceeded at  once  to  the  station. 

"After  a  series  of  delays,  they  were  enabled  to  procure  a  spe- 
cial train,  about  half-past  seven  o'clock,  in  which  they  arrived  in 
Washington  about  10.  They  proceeded  at  once  to  the  Presi 
dent's  House,  where  they  were  admitted  to  an  immediate  inter- 
view,  to  which  the  Cabinet  and  General  Scott  were  summoned 
A  long  conversation  and  discussion  ensued.  The  President,  upon 
his  part,  recognized  the  good  faith  of  the  city  and  State  authori- 
ties, and  insisted  upou  his  own. 

"He  admitted  the  excited  state  of  feeling  in  Baltimore,  and 
his  desire  and  duty  to  avoid  the  fatal  consequences  of  a  collision 
with  the  people.  He  urged,  on  the  other  hand,  the  absolute, 
irresistible  necessity  of  having  a  transit  through  the  State  for  such 
troops  as  might  be  necessary  for  the  protection  of  the  Federal 
Capital. 

"The  protection  of  Washington,  he  asseverated  with  great 
earnestness,  was  the  sole  object  of  concentrating  troops  there, 
and  he  protested  that  none  of  the  troops  brought  through  Mary- 
land were  intended  for  any  purpose  hostile  to  the  State,  or  aggres- 
sive as  against  the  Southern  States.  Being  now  unable  to  bring 
them  up  the  Potomac  in  security,  the  Government  must  either 
bring  them  through  Maryland,  or  abandon  the  Capital. 

"  He  called  on  General  Scott  for  his  opinion,  which  the  General 
gave  at  length,  to  the  effect  that  troops  might  be  brought  through 
Maryland  without  going  through  Baltimore,  by  either  carrying 
them  from  Perrysville  to  Annapolis,  and  thence  by  rail  to  Wash- 
ington, or  by  bringing  them  to  the  Relay  House,  on  the  Northern 
Central  Railroad,  and  marching  them  to  the  Relay  House,  on 
ths  Washington  Railroad,  and  thence  by  rail  to  the  Capital. 

u  If  the  people  would  permit  them  to  go  by  either  of  these 
routes  uninterruptedly,  the  necessity  of  their  passing  through 


258 


AMERICAN  BASTILE. 


Baltimore  would  be  avoided.  If  the  people  would  not  permit 
them  a  transit  thus  remote  from  the  city,  they  must  select  their 
own  best  route,  and  if  need  be,  fight  their  way  through  Balti 
more,  a  result  which  the  General  earnestly  deprecated. 

"The  President  expressed  his  hearty  concurrence,  and  said 
that  no  troops  should  be  ordered  through  Baltimore  if  they  were 
permitted  to  go  uninterrupted  by  either  of  the  other  routes  sug- 
gested. In  this  disposition  the  Secretary  of  War  expressed  his 
participation.  Mayor  Brown  assured  the  President,  that  the  city 
authorities  would  use  all  lawful  means  to  prevent  their  citizens 
from  leaving  Baltimore  to  attack  the  troops  in  passing  at  a  dis- 
tance; but  he  urged,  at  the  same  time,  the  impossibility  of  their 
being  able  to  promise  anything  more  than  their  best  efforts  in 
that  direction. 

"  The  excitement  was  great,  he  told  the  President  j  the  people 
of  all  classes  were  fully  aroused,  and  it  was  impossible  for  any 
one  to  answer  for  the  consequences  of  the  presence  of  Northern 
troops  anywhere  within  our  borders.  He  reminded  the  Presi- 
dent, also,  that  the  jurisdiction  of  the  city  authorities  was  con- 
fined to  their  own  population,  and  that  he  could  give  no  promises 
for  the  people  elsewhere,  because  he  would  be  unable  to  keep 
them  if  given. 

"The  President  frankly  acknowledged  this  difficulty,  and  said 
that  the  Government  would  only  ask  the  city  authorities  to  use 
their  best  efforts  with  respect  to  those  under  their  jurisdiction. 

"  The  interview  terminated  with  the  distinct  assurance,  on  the 
part  of  the  President,  that  no  more  troops  should  be  sent  through 
Baltimore,  unless  obstructed  in  their  transit  in  other  directions, 
and  with  the  understanding  that  the  city  authorities  should  do 
their  best  to  restrain  their  own  people. 

"  The  Mayor  and  his  companions  availed  themselves  cf  tfte 
President's  full  discussion  of  the  questions  of  the  day,  to  urge 
upon  him,  respeotfully,  but  in  the  most  earnest  manner,  a  course 
of  policy  which  would  give  peace  to  the  country,  and  especially 
the  withdrawal  of  all  orders  contemplating  the  passage  of  troops 
through  any  part  of  Maryland. 

"  On  returning  to  che  cars,  and  just  about  to  leave,  at  2  p.m., 
the  Mayor  received  a  despatch  from  Mr.  Garrett,  announcing  tho 
approach  of  troops  to  Cockeysville,  and  the  excitement  conse- 
quent upon  it  in  Ih™  city. 


GEOKGE    WILLIAM  BKOWK. 


259 


"  Mr  BrowD  and  his  companions  returned  at  once  to  the  Pre- 
sident, and  asked  an  immediate  interview,  which  was  promptly 
given.  The  Mayor  exhibited  Mr.  Garrett's  despatch,  which  gave 
the  President  great  surprise. 

"  He  immediately  summoned  the  Secretary  of  War  and  General 
Scott,  who  soon  appeared,  with  other  members  of  the  Cabinet. 

"  The  despatch  was  submitted.  The  President,  at  once,  in  the 
most  decided  way,  urged  the  recall  of  the  troops,  saying  that  he 
had  no  idea  they  would  be  there  to-day ;  and  lest  there  should 
be  the  slightest  suspicion  of  bad  faith  on  his  part,  in  summoning 
the  Mayor  to  Washington,  and  allowing  troops  to  march  on  the 
city  during  his  absence,  he  desired  that  the  troops  should,  if  it 
were  practicable,  be  sent  back,  at  once,  to  York  or  Harrisburg. 

"  General  Scott  adopted  the  President's  views  warmly,  and  an 
order  was  accordingly  prepared  by  the  Lieuten ant-General  to 
that  effect,  and  forwarded  by  Major  Belger,  of  the  Army,  who 
accompanied  the  Mayor  to  this  city. 

"  The  troops  at  Cockeysville,  the  Mayor  was  assured,  were  not 
brought  there  for  transit  through  the  city,  but  were  intended  to 
be  marched  to  the  Eelay  House,  on  the  Baltimore  and  Ohio  Kail- 
road.  They  will  proceed  to  Harrisburg,  from  there  to  Phila- 
delphia, and  thence  by  the  Chesapeake  and  Delaware  Canal,  or 
by  Perrysville,  as  Major-General  Patterson  may  direct. 

"  This  statement  is  made  by  the  authority  of  the  Mayor,  and 
Messrs.  Geo.  W.  Dobbin,  John  C.  Brune,  and  S.  T.  Wallis,  who 
accompanied  Mr.  Brown,  and  who  concurred  with  him,  in  all 
particulars,  in  the  course  adopted  by  him  in  the  two  interviews 
with  Mr.  Lincoln. 

(Signed)  George  Wm.  Brown,  Mayor" 

On  the  27th  day  of  June,  1861,  the  Marshal  of  Police  wab 
arrested  by  a  military  force,  under  orders  from  Washington, 
and  placed  in  confinement.  Soon  afterward,  by  the  same 
authority,  the  police  force  of  the  city  was  dismissed,  and 
another  police  was  established  under  military  rule.  Shortly 
afterward,  and  by  the  same  authority,  the  Police  Commis- 
sioners were  arrested  and  placed  in  confinement. 

The  Mayor  was,  however,  for  some  months  longer  left  in 
the  discharge  of  the  functions  of  his  office,  except  those  per- 
taining to  him  as  one  of  the  Board  of  Police  Commissioners, 


260 


AMERICAN  BASTILE 


and  he  studiously  endeavored  to  discharge  his  duties  in  such 
a  manner  as  not  in  any  way  to  come  in  conflict  with  the  Gov- 
ernment of  the  United  States. 

The  following  correspondence  hetween  himself  and  Gen- 
eral Dix,  then  the  General  in  command  in  the  city,  will  serve 
to  show  the  spirit  in  which  he  acted,  and  the  difficult  posi 
tion  in  which  he  was  placed : 

"  Headquarters  Department  of  Pennsylvania, 
Baltimore,  Md.,  3d  September,  1861. 
"  To  Hon.  Geo.  Wm.  Brown,  Mayor  of  the  City  of  Baltimore: 

"  Sir  :  Eeasons  of  state,  which  I  deem  imperative,  demand  that 
the  payment  of  compensation  to  the  members  of  the  old  City 
Police,  who  were,  by  a  resolution  of  the  Board  of  Police  Com- 
missioners, dated  the  27th  of  June  last,  declared  1  off  duty/  and 
whose  places  were  filled  in  pursuance  of  an  order  of  Major- 
General  Banks  of  the  same  date,  should  cease,  I  therefore  direct, 
by  virtue  of  the  authority  vested  in  me  as  commanding  officer 
of  the  military  forces  of  the  United  States  in  Baltimore  and  its 
vicinity,  that  no  further  payment  be  made  to  them. 

"Independently  of  all  other  considerations,  the  continued 
compensation  of  a  body  of  men  who  have  been  suspended  in 
their  functions  by  the  order  of  the  Government,  is  calculated  to 
bring  its  authority  into  disrespect;  and  the  extraction  from  the 
citizens  of  Baltimore  by  taxation,  in  a  time  of  general  depression 
and  embarrassment,  of  a  sum  amounting  to  several  hundred 
thousand  dollars  a  year,  for  the  payment  of  nominal  officials, 
who  render  it  no  service,  cannot  fail,  by  creating  wide-spread 
dissatisfaction,  to  disturb  the  quietude  of  the  city,  which  I  am 
most  anxious  to  preserve. 

"  I  feel  assured  that  the  payment  would  have  been  voluntarily 
discontinued  by  yourself,  as  a  violation  of  the  principle  on  which 
all  compensation  is  bestowed  —  as  a  remuneration  for  an  equiva- 
lent service  actually  performed  —  had  you  not  considered  your- 
self bound  by  existing  laws  to  make  it. 

"  This  order  will  relieve  you  from  the  embarrassment,  and  I  do 
not  doubt  that  it  will  be  complied  with. 

11 1  am,  very  respectfully,  your  obedient  servant, 

(Signed)  John  A.  Dix, 

Major-General  Commanding/1 


GEORGE    WILLIAM  BROWN. 


261 


"Mayor's  Office, 
City  Hall,  Baltimore,  September  5,  1861. 

"Major-General  John  A.  Dix,  Baltimore,  Md. : 

"  Sir:  I  was  not  in  town  yesterday,  and  did  not  receive  until 
this  morning,  your  letter  of  the  3d  inst.,  ordering  that  no  further 
payment  be  made  to  the  members  of  the  City  Police. 

"  The  payments  have  been  made  heretofore  in  pursuance  of 
the  laws  of  the  State,  under  the  advice  of  the  City  Counsellor, 
by  the  Eegister,  the  Comptroller,  and  myself. 

"  Without  entering  into  a  discussion  of  the  considerations  of 
which  you  have  deemed  sufficient  to  justify  this  proceeding,  I 
feel  it  to  be  my  duty  to  enter  my  protest  against  this  interfer- 
ence, by  military  authority,  with  the  exercise  of  powers  lawfully 
committed  by  the  State  of  Maryland  to  the  officers  of  the  city 
corporation ;  but,  it  is  nevertheless  not  the  intention  of  the  city 
authorities  to  offer  resistance  to  the  order  which  you  have  issued, 
and  I  shall  therefore  give  public  notice  to  the  officers  and  men 
of  the  City  Police,  that  no  further  payments  may  be  expected 
by  them. 

11  There  is  an  arrearage  of  pay  of  two  weeks  due  to  the  force, 
and  the  men  have  by  the  law  and  rules  of  the  Board  been  pre- 
vented from  engaging  in  any  other  business  or  occupation. 
Most  of  them  have  families,  who  are  entirely  dependent  for  sup- 
port on  the  pay  received. 

u  I  do  not  understand  your  order  as  meaning  to  prohibit  tho 
payment  of  this  arrearage,  and  shall  therefc»re  proceed  to  make 
it,  unless  prevented  by  your  further  order. 

"  I  am,  very  respectfully,  your  obedient  servant, 

(Signed)  Geo.  Wm.  Brown, 

Mayor  of  Baltimore." 

"  Headquarters  Department  of  Pennsylvania, 
Baltimore,  Md.,  September  9,  1861. 

'Hon.  Geo.  Wm.  Brown,  Mayor  of  the  City  of  Baltimore: 

"Sir:  Your  letter  of  the  5tb  inst.  was  duly  received.  I  can- 
not, without  acquiescing  in  the  violation  of  a  principle,  assent  to 
the  payment  of  an  arrearage  to  the  members  of  the  old  City 
Police,  as  suggested  in  the  closing  paragraph  of  your  letter. 


262 


AMERICAN  BASTILE. 


rt  It  was  the  intention  of  my  letter  to  prohibit  any  payment  tc 
them  subsequently  to  the  day  on  which  it  was  written. 

"You  will  please,  therefore,  to  consider  this  as  the  'further 
order 9  referred  to  by  you. 

"  I  am,  very  respectfully,  your  obedient  servant, 

(Signed)  John  A.  Dix, 

Major-General  Commanding." 

"Mayor's  Office, 
"  City  Hall,  Baltimore,  September  11,  1861 
11 Major-General  John  A.  Dix,  Baltimore: 

"  Sir :  I  did  not  come  to  town  yesterday  until  the  afternoon, 
and  then  ascertained  that  my  letters  had  been  sent  out  to  my 
country  residence,  where,  on  my  return  last  evening,  I  found 
yours  of  the  9th,  in  reply  to  mine  of  the  5th  inst.,  awaiting  me. 
It  had  been  left  at  the  Mayor's  office  yesterday  morning. 

"Before  leaving  the  Mayor's  office,  about  3  o'clock  p.m.,  on  the 
9th  inst.,  and  not  having  received  any  reply  from  you,  I  had 
signed  a  check  for  the  payment  of  arrears  due  the  Police,  and  the 
money  was  on  the  same  day  drawn  out  of  the  bank  and  handed 
over  to  the  proper  officers,  and  nearly  the  entire  amount  was  by 
them  paid  to  the  Police  force  before  the  receipt  of  your  letter. 

"  The  suggestion  in  your  letter  as  to  the  1  violation  of  a  princi- 
ple/ requires  me  to  add  that  I  recognize  in  the  action  of  the 
Government  of  the  United  States,  in  the  matter  in  question, 
nothing  but  the  assertion  of  superior  force. 

"  Out  of  regard  to  the  great  interests  committed  to  my  charge 
as  Chief  Magistrate  of  the  city,  I  have  yielded  to  that  force,  and 
do  not  feel  it  necessary  to  enter  into  any  discussion  of  the  prin- 
ciples upon  which  the  Government  sees  fit  to  exercise  it. 

"Very  respectfully,  your  obedient  servant, 

(Signed)  Geo.  Wm.  Brown,  Mayor." 

The  last  letter  of  this  correspondence  is  dated  the  11th  of 
September ;  and  about  one  o'clock  on  the  morning  of  the  13th, 
Mr.  Brown  was  arrested  at  his  country  residence,  by  a  de- 
tachment of  police  and  a  file  of  soldiers,  and  taken  as  a  pris- 
oner to  Fort  McIIenry.  He  was  thence  removed  to  Fortress 
Monroe,  thence  to  Fort  Lafayette,  and  finally  to  Fort 
Warren. 


GEORGE    WILLIAM  BROWN" 


263 


The  arresting  officer  professed  to  act  by  authority  of  the 
United  States,  but  exhibited  no  warrant,  and  said  he  had  none. 

The  reason  of  the  arrest  has  never  been  assigned,  but  it 
was  undoubtedly  because  the  Government  of  the  United 
States  was  determined  that  the  control  of  the  city  of  Balti- 
more should  pass  into  the  hands  of  those  who  were  devoted 
to  the  war-policy  of  the  National  Government. 

Soon  afterward,  the  City  Council  were,  by  General  Wool, 
then  in  command  in  Baltimore,  compelled  to  resign,  and  a 
new  City  Council  was  chosen,  by  an  election  held  in  such  a 
way  as  to  secure  the  result  designed  by  the  Government. 

Various  offers  were  made  to  Mr.  Brown,  on  the  part  of  the 
Government,  to  release  him  from  imprisonment,  provided  he 
would  take  an  oath  of  allegiance  and  resign  his  office,  or  give 
his  parole  not  to  return  to  Baltimore,  but  he  refused  to  accept 
any  such  conditions. 

The  following  correspondence,  which  occurred  while  he  was 
in  Boston,  on  parole,  for  the  purpose  of  attending  to  some 
private  business,  shows  the  position  which  he  maintained : 

"Boston,  January  4,  1862. 

"  Marshal  Keys,  Boston  : 

"  Sir :  I  called  twice  to  see  you  during  this  week,  and  in  your 
absence  had  an  understanding  with  your  deputy  that  I  was  to 
surrender  myself  to  you  this  morning,  on  the  expiration  of  my 
parole,  in  time  to  be  conveyed  to  Fort  Warren,  and  I  have  ac- 
cordingly done  so. 

"As  you  have  not  received  any  instructions  from  Washington 
in  regard  to  the  course  to  be  pursued  with  me,  I  shall  consider 
myself  in  your  custody  until  you  have  had  ample  time  to  write 
to  Washington,  and  obtain  a  reply. 

"I  desire  it,  however,  to  be  expressly  understood,  that  no 
further  extension  of  my  parole  is  asked  for,  or  would  be  accepted 
at  this  time. 

"  It  is  my  right  and  my  wish  to  return  to  Baltimore,  to  re- 
sume the  performance  of  my  official  and  private  duties. 

Bespectfully, 
(Signed)  Geo.  Wm.  Brown." 


264 


AMERICAN  BA8TILE 


"Department  of  State, 
"Washington,  January  6,  1862. 
"John  S.  Keys,  Esq.,  U.S.  Marshal,  Boston: 

"  Sir :  Your  letter  of  the  4th  instant,  relative  to  George  W, 
Brown,  has  been  received. 

"  In  reply,  I  have  to  inform  you  that,  if  he  de&ires  it,  you  may 
extend  his  parole  to  the  period  of  thirty  days.  If  not,  you  will 
please  recommit  him  to  Fort  Warren,  and  report  to  this  Depart- 
ment. 

"  \  am,  sir,  very  respectfully,  your  obedient  servant, 

(Signed)  F.  W.  Seward, 

Acting  Secretary  of  State." 

"Boston,  January  10,  1862. 

"Marshal  Keys,  Boston: 

"  Sir:  In  my  note  to  you  of  the  4th  instant,  I  stated  that  I 
did  not  desire  a  renewal  of  my  parole,  but  that  it  was  my  right 
and  wish  to  return  to  Baltimore,  to  resume  the  performance  of 
my  private  and  official  duties. 

"  My  note  was,  in  substance,  as  you  informed  me,  forwarded 
to  Hon.  W.  H.  Seward,  Secretary  of  State,  in  a  letter  from  you 
to  him. 

"In  reply  to  your  communication,  F.  "W.  Seward,  Acting 
Secretary  of  State,  wrote  to  you,  under  date  of  the  6th  inst., 
that  'you  may  extend  the  parole  of  George  W.  Brown,  if  he 
desires  it,  but  if  not,  you  are  directed  to  recommit  him  to  Fort 
Warren/ 

"It  was  hardly  necessary  to  give  me  the  option  of  an  exten- 
sion of  parole  which  I  had  previously  declined,  but  the  offer  ren- 
ders it  proper  for  me  to  say,  that  the  parole  was  applied  for  by 
my  friends,  to  enable  me  to  attend  to  important  private  busi- 
ness, affecting  the  interests  of  others  as  well  as  myself — that  the 
necessities  growing  out  of  this  particular  matter  of  business  no 
longer  exist,  and  that  I  cannot,  consistently  with  my  ideas  of 
propriety,  by  accepting  a  renewal  of  the  parole,  place  myself  in 
the  position  of  seeming  to  acquiesce  in  a  prolonged  and  illegal 
banishment  from  my  home  and  duties. 

Kespectfully, 
(Signed)  Geo.  Wm.  Brown." 


GEORGE    WILLIAM  BROWN. 


265 


On  the  11th  of  January,  Mr.  Brown  returned  to  Fort 
Warren,  and  on  the  14th  an  offer  was  made  to  him  by  the 
Government,  to  renew  and  extend  his  parole  to  ninety  days, 
upon  condition  that  he  would  not  pass  south  of  the  Hudson 
River.    This  was  also  declined  by  him. 

On  the  27th  of  November,  1862,  after  his  term  of  office 
had  expired,  and  another  Mayor  had  been  elected,  Mr.  Brown 
was  unconditionally  released. 

For  an  account  of  his  imprisonment,  the  reader  is  referred 
ho  the  narrative  of  Frank  Key  Howard,  Esq. 


A.  B.  HEWITT,  M.D. 


DR.  A.  B.  HEWITT,  a  practising  physician  of  i  hai  ham, 
Illinois,  was  one  of  the  occupants  of  room  No.  13  of  the 
Old  Capitol  Prison,  a  name  now  familiar  to  Americans  as 
occupying  a  place  in  history,  corresponding  to  that  of  the 
Bastile  in  the  capital  of  France,  during  the  French  Revo- 
lution. 

His  lameness  was  so  great  that  it  excited  the  pity  of  his 
fellow-prisoners,  and  should  have  prevented  his  arrest,  with- 
out the  proof  of  the  crime  with  which  he  was  charged  Was 
unquestionable.  Nevertheless,  early  in  August,  1862,  he  was 
kidnapped  at  his  home,  in  Illinois,  and  conveyed  to  Wash- 
ington City,  where  he  was  imprisoned  until  the  month  of 
November,  and  then  released  without  a  trial,  and  without  a 
charge  of  any  kind  having  been  preferred  against  him. 

On  his  arrival  at  the  prison,  in  consequence  of  the  Bastile 
proper  being  filled  from  yard  to  attic,  he  was  placed  tempo- 
rarily in  the  hospital.  On  the  26th  of  August,  he  and  the 
"Wandering  Jew"  were  transferred  to  room  No.  13,  where 
they  remained  until  the  close  of  September.  No.  13  being 
needed  about  that  time  for  the  accommodation  of  some 
Federal  officers  accused  of  serious  offences,  the  occupants 
were  transferred  to  No.  16,  which  afterward  became  famous 
as  the  abode  of  nearly  all  the  prisoners  of  state  confined  in 
the  «  Old  Capitol." 

Dr.  Hewitt  whiled  away  the  time  of  his  captivity  in 
making  finger-rings  out  of  peach-stones,  until  the  supply 
was  exhausted ;  and  then  his  mind,  being  unemployed,  and 
allowed  to  dwell  upon  the  wrongs  and  cruelties  to  which  he 
was  subjected,  became  affected  almost  to  frenzy. 

The  prisoners,  with  scarcely  an  exception,  were  haggard 

266 


V 


A.   B.    HEWITT,   M.  D.  267 

in  appearance,  and  restless  in  their  movements  as  caged  wild 
beasts,  and,  in  a  word,  exhibited  in  their  persons  pictures  of 
such  a  cruel  despotism  as  would  have  moved  to  madness, 
had  they  seen  them,  the  American  people,  and  incited  them 
to  emulate  the  illustrious  example  of  the  Parisians  to  tear 
open  the  Bastile  and  avenge  the  wrongs  perpetrated  upon  its 
inmates. 

But  care  was  taken  that  they  should  neither  be  seen  nor 
heard ;  and  their  correspondence  being  subjected  to  the 
strictest  surveillance  of  the  tyrants  and  their  underlings, 
the  people  could  learn  nothing  of  the  treatment  measuret 
out  to  them  by  the  hand  of  despotic  power. 


1 


WILLIAM  H.  WINDER. 

MR.  WILLIAM  H.  WINDER,  the  subject  of  this  nar 
rative,  is  descended  from  a  Maryland  family  of  that 
name,  which  settled  some  two  hundred  years  ago,  in  Somer- 
set County,  on  the  Eastern  shore  of  that  State.  His  father, 
the  late  General  Wm.  H.  Winder,  who  died  in  1824,  removed 
about  the  year  1801  to  Baltimore,  at  which  place  he  was 
contemporary  with  Pinckney,  Luther  Martin,  Robert  Goodloe 
Harper,  Roger  B.  Taney,  and  others,  with  whom  he  was  on 
intimate  terms  of  friendship.  The  General  was  in  high 
standing  in  the  society  of  both  Washington  and  Baltimore, 
and  wielded  considerable  influence  as  a  Senator  in  the  Legis- 
lature of  his  State. 

His  son,  Wm.  H.  Winder,  born  in  Baltimore,  but 
anterior  to  1832,  removed  to  Philadelphia,  where  he  resided 
at  the  date  of  his  arrest.  He  was  for  some  years  in  the 
mercantile  business,  but  in  1839  became  a  contractor  and 
builder,  and  as  such  erected  the  Government  building,  corner 
of  F  and  17th  Streets,  Washington.  The  National  Theatre, 
fronting  Pennsylvania  Avenue,  near  Willard's  Hotel,  but 
subsequently  burned,  was  also  erected  by  Mr.  Winder.  In 
the  construction  of  the  former  of  these  buildings,  he  used 
iron  girders  to  make  fire-proof  floors,  being  the  first  that 
had  ever  been  used. 

Mr.  Winder  was  a  frequent  contributor  to  the  newspapers ; 
and  there  are  few  men  who  have  furnished  more  matter 
gratuitously  than  this  gentleman.  Early  in  the  late  struggle 
between  the  North  and  South,  he  wrote  a  number  of  articles, 
to  prove  that  the  North  must  adhere  to  the  Constitution,  as 
the  ark  of  its  safety ;  and  at  different  periods,  furnished  some 
elaborate  articles  to  the  press,  and  to  private  individuals, 

268 


WILLIAM    H.    WINDER.  269 

deprecating  civil  war,  and  deploring  its  consequences,  avow, 
ing  his  belief  that  the  Union  was  founded  on  fraternal  love 
and  fellowship ;  that  it  could  never  be  cemented  by  blood,  or 
upheld  by  the  bayonet ;  and  that  war  would  not  only  spill 
the  best  blood  of  the  nation  —  burden  it  with  thousands  of 
millions  of  indebtedness  —  alienate  the  affections  of  the 
people,  and  arouse  their  worst  passions  —  but  would  demoral- 
ize society  to  such  an  extent,  that  years  of  peace  would  not 
restore  it  to  its  former  condition. 

We  now  proceed  to  lay  before  the  public  some  of  his  coi 
respondence,  which,  it  is  supposed,  led  to  his  arrest  and  in 
carceration.  We  regret  that  our  space  prevents  us  from  giv- 
ing the  letters  in  full.  On  the  30th  of  August,  1861,  Mr. 
Winder,  from  Philadelphia,  addressed  a  letter  to  General 
Simon  Cameron,  then  Secretary  of  War,  indorsing  an  appli- 
cation for  a  second  lieutenancy  in  §  the  regular  army  for 
Henry  Hay,  of^that  city.  Mr.  Hay's  former  application, 
signed  by  Commodore  Stewart  and  several  other  prominent 
citizens,  had  failed  to  obtain  the  appointment  or  elicit  a 
reply  ;  hence  the  indorsement  of  Mr.  Winder.  In  the  latter 
part  of  his  letter,  he  expressed,  at  some  length,  his  views  on 
the  political  situation  of  affairs,  deploring  the  rashness  of  the 
men  who  were  urging  the  two  sections  of  the  country  on  to 
a  monstrous,  wanton,  and  suicidal  civil  war,  declaring  his 
conviction  that  a  Union  was  impracticable,  unless  founded  in 
peace  and  fraternal  fellowship,  and  closed  his  letter  by  ex- 
pressing to  the  General  his  high  personal  regard.  General 
C,  in  his  reply,  regrets  his  inability  to  appoint  Mr.  Hay  to 
the  desired  position,  as  the  vacancies  were  all  filled,  and 
closed  by  saying:  "We  have  never  agreed  very  well  in 
politics,  but  I  have  never  doubted  that  you  had  at  heart  the 
best  interests  of  your  country." 

Emboldened  by  this  frank  declaration  of  General  Cameron, 
and  considering  that  his  personal  relations  with  Governor 
Seward  had  always  been  friendly,  and  presuming  that  a  letter 
from  him  might  be  received  in  an  equal  spirit  of  candor,  Mr, 
Winder,  on  the  10th  of  September,  1861,  addressed  him  the 


270 


AMERICAN  BASTILE. 


letter  which,  he  supposes,  exercised  a  potent  influence  ic 
keeping  him  in  confinement.  This  letter  was  but  a  reitera- 
tion of  the  sentiments  contained  in  the  letter  to  General 
Cameron,  expressed  at  more  length,  and  citing  more  authori 
ties  to  substantiate  his  position.  But  the  gall  of  it  consisted 
in  an  attack  upon  Abolitionism  and  its  pernicious  doctrines, 
and  a  sharp  denunciation  of  the  infamous  "  Helper  Book," 
which,  it  will  be  remembered,  had  received  the  indorse- 
ment and  encomiums  of  the  Secretary.  Immediately,  as 
he  supposes,  on  the  perusal  of  this  letter,  and  with  all  the 
imperiousness  of  manner  and  amiability  of  purpose  of  Rich- 
ard, he  pronounced  the  doom,  "  Off  with  his  head !  "  in  his 
laconic  despatch  to  Marshal  Millward,  ordering  his  arrest. 

On  the  evening  of  the  10th  of  September,  between  seven  and 
eight  o'clock,  he  was  arrested  by  Detective  Franklin,  put  in 
a  stution-house  cell,  and  confined  there  all  night.  Franklin 
showed  him  a  warrant,  issued  by  the  Mayor  of  Philadelphia, 
induced  by  a  despatch  from  General  Andrew  Porter,  Provost 
Marshal  of  Washington,  directing  it.  "When  brought  before 
Mayor  Henry,  in  the  morning,  that  gentleman  told  Mr. 
Winder,  in  the  presence  of  Detective  Franklin,  that  he  had 
given  express  orders  not  to  arrest  him  that  day,  unless  he 
could  do  it  before  half-past  two  o'clock,  in  order  that  the  pris- 
oner might  have  time  to  obtain  bail.  But  Franklin  chose, 
purposely,  to  disregard  this  peremptory  order.  He  knew 
where  to  find  Mr.  W.,  who  was  at  his  office  or  hotel  during 
the  entire  day,  but  his  principal  object  was  to  prevent  his 
presence  during  the  ransacking  of  his  office,  from  which, 
besides  papers  relating  to  political  matters,  he  took  books 
and  pictures ;  also  letters  having  no  shadow  of  relation  to 
politics,  but  referring  to  the  sacred  secrets  of  other  parties ; 
and  many  additional  things  were  taken  wholly  unjustifiably 
even  supposing  the  right  of  search  to  have  existed. 

Arrested  in  the  armory  of  the  company  to  which  he  was 
attached,  he  was  taken  to  his  chamber,  and  there  searched  by 
Detective  Franklin,  and  his  papers,  keys,  etc.,  taken  from 
him,  except  his  office-key,  which  he  held  in  his  hand.  Trunks, 


WILLIAM    H.  WINDER. 


271 


closets,  drawers,  etc.,  were  searched;  every  scrap  of  paper 
taken,  although  none  of  them  were  of  a  political  nature,  as 
he  saw  by  reading.  After  imprisoning  him  in  the  station- 
house,  he  proceeded  to  Mr.  Winder's  office,  broke  open  the 
door  or  picked  the  lock,  and  made  an  examination  of  his 
papers  there.  On  the  following  morning,  his  clerk  found  a 
piece  of  candle  and  other  evidence  of  a  nocturnal  visit.  He 
also  found  an  officer  there,  who  proceeded  with  the  examina- 
tion of  his  papers.  On  leaving  the  office,  Detective  Franklin 
told  this  gentleman,  that  he  had  better  not  come  to  the  office 
again,  during  the  time  he  held  possession  of  it.  They  held 
possession  of  the  office  for  two  weeks,  during  which  time  the 
work  of  pillage  went  on,  ransacking  safe,  chests,  drawers, 
cases,  etc.,  and  a  collection  of  papers  of  some  thirty  years, 
violating  the  sanctity  of  private  correspondence  during  all 
that  time,  under  the  pretence  of  hunting  treasonable  matter 
during  the  few  months  preceding.  Access  to  his  private 
papers  was  allowed  to  reporters  of  the  press  for  the  purpose 
of  publication,  and  false,  garbled,  and  malicious  slanders 
were  published  as  the  alleged  contents  of  such  letters.  At 
the  end  of  two  weeks,  his  clerk  was  permitted  to  take  posses- 
sion of  his  office,  they,  as  Mr.  Winder  supposes,  holding  keys 
for  access  at  pleasure.  They  carried  off  letter-books,  letters 
to  him,  copies  of  his  letters,  a  scrap-book  containing  extracts 
from  newspaper  articles  that  he  had  written  for  the  press. 
They  stole  copies  of  his  letters  to  Cameron  and  Seward,  and 
General  Cameron's  letter  to  him.  They  purloined  his  Army 
Dictionary  and  Navy  Register,  his  genealogical  tree,  pictures, 
and  autograph  letters.  From  such  a  large  collection  of 
papers  as  he  had,  it  was  impossible  to  determine  with  cer- 
tainty the  full  amount  of  the  robbery. 

On  the  morning  of  the  11th  of  September,  he  was  taken  to 
the  Mayor's  office,  when  the  Mayor  told  him,  that  on  sign- 
ing a  bond  for  two  hundred  dollars  in  his  own  recognizance 
to  appear  in  October,  he  would  discharge  him.  Mr.  Winder 
signed  the  bond,  supposing  there  was  an  end  of  the  matter, 
when  to  his  surprise,  the  Mayor  said  to  him  that,  in  compli- 


272 


AMERICAN  BAST1LE. 


ance  with  the  request  of  the  United  States  District  Attorney, 
he  would  hand  him  over  into  the  custody  of  the  United 
States  Marshal,  whose  deputy  was  there  to  take  him  in  charge. 
That  official  immediately  stepped  up  and  took  him  in  charge, 
remarking  as  he  did  so,  that  he  was  to  have  a  hearing  before 
the  Commissioner  that  afternoon,  at  four  o'clock.  In  the 
mean  time  he  was  confined  in  Moyamensing  Prison. 

At  four  o'clock,  he  appeared  at  the  Commissioner's  office 
with  his  counsel,  G  eorge  W.  Biddle,  Esq. ,  for  whom  he  had  sent. 
At  the  opening,  the  District  Attorney  Coffey  stated  that  he 
had  been  unable  to  procure  the  expected  evidence,  but  that 
reports  of  Mr.  Winder's  conversation  had  reached  his  ears, 
and  he  wished  the  hearing  postponed  until  the  13th  inst.,  at 
4  o'clock  p.  m.,  to  give  him  time  to  hunt  up  evidence.  Not- 
withstanding this  confession  of  the  destitution  of  evidence 
to  justify  his  arrest,  and  that  flimsy  pretext  of  hoping  to 
hunt  up  reports  of  conversations,  the  Commissioner,  instead 
of  discharging  the  prisoner,  granted  the  delay,  and  recom- 
mitted him  to  Moyamensing. 

On  the  afternoon  of  the  13th,  at  the  hour  appointed,  Mr. 
Winder  and  Ids  counsel  were  at  the  office  of  the  Commis- 
sioner. District  Attorney  Coffey  kept  them  waiting  an  hour 
before  he  made  his  appearance.  This  delay  was  doubtless 
designed  to  allow  him  no  time  to  take  out  a  writ  of  habeas 
corpus  before  he  could  be  hurried  off  to  New  York,  as  had 
been  determined  on.  On  coming  in,  Mr.  Coffey  stated  to  the 
Commissioner,  that  the  paper  which  he  held  in  his  hand  would 
render  further  action  before  him  unnecessary,  and  desired  his 
discharge  by  the  Commissioner,  in  order,  that  the  directions 
in  the  paper  might  be  carried  into  effect.  This  paper  pur- 
ported to  be  a  despatch  from  Simon  Cameron,  Secretary  of 
War,  worded  as  follows: 

"Washington,  September  11,  18G1. 
"George  A.  Coffey,  U.  S.  District  Attorney: 

"  Have  telegraphed  Marshal  Millward  to  arrest  Wm.  IT.  Winder, 
and  transfer  him  to  Fort  Lafayette. 

(Signed)  Simon  Cameron, 

Secretary  of  War." 


WILLIAM    H.  WINDER. 


273 


Instantly  on  his  discharge  by  the  Commissioner,  the  Mar- 
shal took  him  into  custody,  telling  him  that  he  must  go  to 
New  York.  Mr.  Winder  was  immediately  placed  in  a  car 
riage  in  waiting,  and  driven  to  his  rooms  for  his  clothing, 
trunks,  etc.,  then  conveyed  to  Market  Street  wharf,  where 
they  crossed  the  river,  walked  down  to  the  Camden  and  Am- 
boy  depot,  and  took  seats  in  the  train  for  New  York.  While 
in  the  carriage,  the  Marshal,  in  order,  as  he  said,  to  show  his 
consideration  for  him,  pulled  from  his  pocket  the  following 
despatch : 

"Washington,  September  11,  1861. 
"  Send  Wm.  H.  Winder  to  Fort  Lafayette. 

(Signed)  Wm.  H.  Seward." 

The  Marshal  said  that  this  despatch  had  been  in  his  pos- 
session several  days,  then  the  13th  inst.,  but  had  not  been 
used.  Mr.  Seward  was  probably  unaware  of  his  victim's  ar- 
rest, the  night  previous,  when  he  dictated  his  first  despatch ; 
but  on  the  12th,  when  he  learned  of  it,  he  again  telegraphed 
to  the  Marshal : 

u  Send  Wm.  H.  Winder  to  Fort  Lafayette,  New  York,  ana 
deliver  him  into  the  custody  of  Colonel  Martin  Burke.  Send  the 
papers  and  evidence  here.  He  is  reported  to  have  been  arrested  by 
"Detective  Franklin.  W.  H.  Seward, 

Secretary  of  State." 

At  the  cars,  Marshal  Mill  ward  confided  him  to  the  charge 
of  two  deputies,  who  accompanied  him  to  New  York,  where 
they  engaged  a  hack  and  drove  him  to  Fort  Hamilton,  and 
with  him  they  delivered  to  Colonel  Burke  the  letter  con- 
signing him  to  a  military  Bastile.  The  Colonel  immediately 
sent  him  under  guard  to  Fort  Lafayette.  The  abominable 
treatment  of  the  prisoners  at  this  place,  is  fully  detailed 
elsewhere. 

Mr.  Winder  remained  incarcerated  in  Fort  Lafayette  until 
the  29th  cf  October,  when  he,  together  with  a  number  of 
others,  was  placed  on  board  the  steamer  "  State  of  Maine,' 

18 


274 


AMEKICAK  BASTILE. 


for  Foit  Warren,  Boston  Harbor.  On  the  1st  of  November, 
1861,  he  entered  the  Fort,  where  no  preparation  had  been 
made  for  the  reception  of  such  a  number  of  prisoners  as  the 
steamer  contained.  The  rooms  had  not  even  a  chair  or  bench, 
and  for  eight  days  they  had  nothing  but  the  bare  floor  to  lie 
upon,  over  which  they  spread  their  overcoats,  having  neither 
bed  nor  blanket.  Some  few  perfectly  raw  hams  were  cut  up  on 
a  barrel-head,  in  the  open  air,  and  distributed,  and  thus  some  of 
the  prisoners  obtained  something  to  eat.  The  Commandant, 
Dimick,  manifested  throughout  a  disposition  to  grant  every 
indulgence  consistent  with  his  instructions,  and  his  whole 
course  was  in  marked  and  favorable  contrast  with  that  of 
the  fellows  at  Fort  Lafayette. 

On  the  5th  of  December,  1861,  Mr.  Winder  addressed  a 
letter  to  Secretary  Seward,  but  which  elicited  no  response 
from  that  official.  In  this  letter  he  stated  his  long  imprison- 
ment of  thirteen  weeks,  his  inability  to  find  the  charges 
against  him,  and  his  unconsciousness  of  any  wrong  done  by 
him,  or  any  disloyal  act  toward  the  Government,  requesting 
a  parole,  that  he  might  go  to  Washington  to  have  his  case 
nvestigated.  This  application  was  made  in  pursuance  of  a 
letter  from  Secretary  Seward,  which  was  read  to  the  prison- 
ers of  the  Fort,  making  a  request  to  them  to  send  a  state- 
ment of  their  cases  to  him. 

On  the  14th  of  January,  1862,  he  was  offered  his  release  on 
condition  of  "  taking  the  oath  of  allegiance."  This  he  em- 
phatically declined  to  do,  giving  the  same  reasons  for  his  re- 
fusal as  the  other  prisoners.  Senator  Pearce,  of  Maryland, 
to  whom,  among  others,  he  had  written  to  learn  of  what  his 
imputed  offence  consisted,  replied,  January  21,  1862,  saying 
"  your  frequent  correspondence  and  bold  conversations  have 
marie  you  obnoxious.  I  fear  there  is  no  influence,  certainly  I 
have  none,  to  avail  for  your  purpose."  Again,  on  the  2d  of 
February,  he  said,  "  With  Mr.  Seward  I  can  do  nothing.  I 
saw  him  yesterday,  and  he  is  as  rigid  as  cast  iron."  On  the 
16th  of  February  he  was  again  offered  his  release,  if  he  would 
take  what  was  denominated  "  a  modified  oath ;"  and  on  the 


WILLIAM    H.    WINDER.  275 

22d  of  the  same  month,  the  "  Amnesty"  and  "  Parole"  were 
tendered  him  as  a  condition  of  release.  These  he  also  refused, 
stating  his  reasons  at  some  length  in  a  letter  to  the  Secretary 
of  War. 

On  the  15th  of  March,  Mr.  "Winder  opened  a  correspond- 
ence with  General  Cameron,  to  ascertain  the  charges  against 
him,  and  what  had  induced  him  to  consign  him  to  Fort  La- 
fayette.   This  letter  produced  the  following  reply : 

"Lochiel,  24th  March,  1862. 

•(Wm.  H.  Winder,  Esq.: 

"  Sir :  You  surprise  me  by  saying,  in  your  letter  of  the  15th 
inst.,  received  to-day,  that  it  was  by  my  order  that  you  were 
taken  from  Philadelphia  to  Fort  Lafayette  and  placed  in  con- 
finement, etc.  I  knew  nothing  of  your  arrest  until  I  saw  the 
fact  stated  in  the  newspapers;  and  being  at  the  time  closely  en- 
gaged in  the  discharge  of  my  official  duties,  neglected  to  inquire 
into  the  cause;  presuming,  however,  that  it  was  done  by  order 
of  the  State  Department,  which  has  charge  of  such  cases  as  1 
presumed  yours  to  be.  Eespectfully, 

(Signed)  Simon  Cameron." 

"Fort  Warren,  March  31,  1862. 
''Hon.  Simon  Cameron,  Lochiel,  near  Harrisburg: 

"  Sir:  I  have  to  thank  you  for  your  prompt  reply  to  my  re- 
quest for  information  as  to  the  causes  which  induced  you  to  issue 
an  order  for  my  transfer  to  Fort  Lafayette.  Your  reply  of  the 
24th,  stating  your  surprise  at  learning  I  had  been  sent  there  by 
your  order,  and  that  you  knew  nothing  of  my  arrest  until  you 
saw  it  in  the  papers,  and  presumed  it  had  been  done  by  order  of 
the  State  Department,  confirms  me  in  my  supposition,  that  your 
name  had  been  used  either  without  your  knowledge,  or  inadvert- 
ently signed  to  a  paper  without  heeding  its  contents.  It  was 
obtained  somehow  through  the  District  Attorney.  I  give  you  a 
copy  of  the  document  upon  which  Colonel  Burke  took  charge  of 
me  and  placed  me  in  Fort  Lafayette : 

"'Philadelphia,  September  13,  1861 
•"Lieut.-Col.  Martin  Burke,  Commanding  Fort  Hamilton: 
u  i  Dear  Sir :  Permit  me  to  introduce  to  you  my  Deputy,  Mr. 


276 


AMERICAN  BASTILE. 


Sharkey,  who  carries  with  him  Mr.  Winder,  to  be  delivered  to 
your  custody  per  order  of  Secretary  of  "War. 

Your  obedient  servant, 
(Signed)  Wm.  Millward,  U.  S.  Marshal. 

"  I  am  respectfully  yours, 

(Signed)  Wm.  H.  Winder." 

"  Fort  Warren,  31st  March,  1862. 
"Hon.  Simon  Cameron,  Lochiel,  near  Harrisburg: 

"  Sir  :  Since  writing  to  you  to-day,  I  have  received  the  follow- 
ing copy  of  a  despatch  from  Philadelphia. 

«<65.  Washington,  11th  September,  1861. 

"'Geo.  A.  Coffey,  U.  S.  District  Attorney: 

"'Have  telegraphed  Marshal  Millward  to  arrest  Wm.  H. 
Winder,  and  transfer  him  to  Fort  Lafayette. 

(Signed)       Simon  Cameron,  Secretary  of  War.* 

"  I  have  supposed  this  may  recall  to  your  mind  the  communi 
cation  of  Mr.  Coffey,  to  which  apparently  it  is  a  reply. 
"  I  am,  respectfully,  your  obedient  servant, 

(Signed)  Wm.  H.  Winder." 

"  Lochiel,  2d  April,  1862. 

'W.  H.  Winder,  Esq.: 

"  Sir:  I  have  enclosed  your  letter  of  the  31st,  received  to-daj 
to  the  Secretary  of  State,  and  disavowed  all  knowledge  of  youi 
arrest,  with  request  for  your  release,  if  you  have  been  held  by 
my  direction.  Very  respectfully, 

(Signed)  Simon  Cameron." 

"  Fort  Warren,  5th  April,  1862 
"Hon.  Simon  Cameron,  Lochiel,  near  Harrisburg: 

"  Sir:  1  have  been  much  gratified  by  the  receipt  of  your  lettei 
of  2d  April,  in  which  you  advise  me  of  your  having  sent  my 
(first)  letter  of  31st  March,  to  the  Secretary  of  State,  with  re- 
quest for  my  release,  if  I  have  been  held  by  your  direction. 

"  This  is  satisfactory,  and  is  all  the  action  the  case  requires  at 
your  hands,  unless,  indeed,  a  disregard  of  your  request  should 
render  it  proper  for  your  own  vindication  against  an  act  which 
you  repudiate,  but  the  responsibility  for  which  is  placed  on  youi 
name  by  the  record.  Your  obedient  servant, 

(Signed)  W.  H  Winder." 


WILLIAM    H.  WINDER. 


277 


On  the  6th  of  May,  he  was  summoned  into  the  presence  of 
the  Commissioners  Dix  and  Pierpont.  General  Dix  sought 
by  argument  to  remove  his  objections  to  giving  his  parole, 
contending,  that  doing  so  could  not  be  construed  into  a  taint 
upon  his  conduct.  Mr.  Winder  gave  his  reasons  on  the  other 
side,  that  if  no  taint  was  intended,  and  it  was,  as  he  said, 
their  object  to  hold  him  guiltless,  an  unconditional  discharge 
would  leave  no  doubt  of  an  entire  acquittal,  while  to  hold 
him  there,  admittedly  guiltless  of  wrong,  except  on  condition 
of  parole,  was  without  excuse.  General  Dix  specified  as  ex- 
ceptional items  his  correspondence  with  Senators  Davis  and 
Toombs,  and  Messrs.  Breckinridge,  Burnett,  Yallandigham, 
and  Hallo ck  of  the  "Journal  of  Commerce."  Mr.  Winder 
took  issue  with  him  upon  them,  in  the  manner  stated  in  a  let- 
ter of  the  9th  of  May,  to  these  gentlemen.  The  Secretary, 
Webster,  said  he  had  received  treasonable  letters  from  C.  H. 
Winder,  of  Washington ;  but  on  Mr.  Winder  objecting  to  the 
word  "  treasonable,"  General  Dix  directed  the  Secretary  to 
strike  out  the  word  from  his  notes.  General  Dix  said  he  (W.) 
knew  that  the  war  to  which  he  was  opposed,  was  forced  on 
the  Federal  Government  by  an  impending  attack  on  the 
Federal  Capital. 

Mr.  Winder  denied  in  toto  the  fact  or  purpose  of  an  impend- 
ing capture  of  Washington.  He  stated  that  the  Confederacy 
had  not  a  soldier  within  five  hundred  miles  of  the  City  of 
Washington ;  that  not  a  single  soldier  had  been  set  in  motion 
to  proceed  there;  that  the  States  of  North  Carolina  and 
Virginia  interposed  their  whole  breadth  between  Washington 
City  and  the  Confederacy ;  that  the  first  had  refused  to  call 
a  convention,  even  to  consider  the  question  of  secession,  and 
that  two-thirds  of  the  convention  of  the  latter  were  opposed 
to  secession ;  that  in  fact  there  did  not  exist  a  scintilla  of 
evidence  that  the  Confederacy  entertained  the  purpose,  much 
less  had  forces  in  imminent  proximity  hastening  to  the  cap- 
ture. To  all  of  this  General  Dix  had  nothing  to  urge  but 
that  he  believed  that  in  Virginia,  Mason  and  others  were 
raising  troops  for  that  purpose.  He  acquitted  Hunter,  as 
being  a  mere  "doctrinaire  "  as  he  called  him,  from  anv  active 


278 


AMERICAN  BASTILE. 


participation.  Mr.  Winder  stated,  in  regard  to  the  relative 
position  of  the  State  and  Federal  Governments,  that  the  re 
solutions  of  1798-9  embodied  his  opinion.  The  Secretary 
(Webster)  greedily  snatched  at  this  statement,  as  though  he 
had  pinned  him  with  conclusive  evidence  of  treason ;  and  he 
noticed,  a  few  days  afterward,  in  a  Republican  paper  in  Bos- 
ton, a  bitter  article,  denouncing  these  resolutions  as  the  cock- 
atrice egg  from  which  the  monster  secession  was  hatched. 

Mr.  Winder  addressed  Messrs.  Dix  and  Pierpont  a  long 
letter,  in  which  he  refutes  the  card  of  those  gentlemen,  pub- 
lished in  New  York  papers  of  November.  The  subjoined 
copy  of  the  card  is  taken  from  the  "  New  York  Herald,"  of 
19th  November,  1862: 

"  November  12,  1862. 
''Dear  Sir:  In  answer  to  your  inquiry  as  to  the  facts  of  the 
case  of  Wm.  H.  Winder,  a  prisoner  of  state  in  Fort  Warren,  we 
reply,  that  on  investigation  it  appears  that  Winder  was  arrested 
by  order  of  the  late  Secretary  of  War ;  that  a  large  number  of 
letters  and  papers  were  seized,  tending  to  show  disloyalty  to  the 
Government,  and  a  purpose  to  aid  the  rebellion.  But  after  a 
careful  investigation  of  all  the  papers,  and  after  a  personal  exam- 
ination of  Mr.  Winder,  we  determined  to  release  him  on  his  giv- 
ing his  parole  not  to  take  up  arms  against  the  United  States,  or 
to  give  aid  to  the  enemy,  which  he  refused,  and  as  we  are  advised, 
there  has  been  no  day  since  when  he  might  not  have  freely  left 
the  Fort  upon  that  simple  parole. 

Very  respectfully  yours, 
(Signed)  John  A.  Dix,  Major-General, 

Edwards  Pierpont." 

In  August,  1862,  he  addressed  the  following  letter  to  Mr. 
Stanton,  of  which  no  notice  was  ever  taken : 

"  Fort  Warren,  20th  August,  1862. 
"  To  Hon.  E.  M.  Stanton,  Secretary  of  War,  Washington : 

"Sir:  More  than  eleven  months  have  elapsed  since  my  arrest 
and  the  seizure  of  all  my  papers.  During  the  last  six  months 
of  this  confinement^  my  clerk  has  been  sick  and  absent  from  the 
city  so  that  I  have  not  had  a  word  from  him,  and  my  affairs, 


WILLIAM    H.  WINDER. 


279 


already  most  damagingly  embarrassed,  are  threatened  with  a 
more  complete  ruin. 

"  At  the  present  moment,  my  personal  attention  is  vitally  im- 
portant to  the  carrying  into  effect  some  proposed  arrangements 
in  relation  to  my  affairs,  and  for  this  purpose  I  desire  a  leave 
of  absence  from  this  Fort  for  thirty  days.  In  order  to  obviate 
any  hesitation  which  might  arise,  I  will  state  my  readiness  to 
give  parole  not  to  engage  in  political  or  military  discussions,  also 
to  report  myself  to  the  commanding  officer  of  this  Fort  within 
thirty  days  from  the  date  of  my  leaving  it.  As  numerous  par- 
ties confined  with  me  have  had  this  leave,  after  only  a  few  months' 
imprisonment,  I  trust  it  is  no  misplaced  reliance  by  me  to  antici- 
pate a  like  consideration. 

"  I  am,  sir,  your  obedient  servant, 

(Signed)  W.  H.  Winder,  of  Philadelphia." 

On  the  26th  of  October,  1862,  Messrs.  George  W.  Biddle, 
Wm,  B.  Eeed,  and  Peter  McCall,  of  Philadelphia,  arrived  Li 
Boston,  to  sue  out  a  writ  of  habeas  corpus.  Mr.  Biddle  tele* 
graphed  to  the  Secretary  of  War  for  permission  to  see  the  priu 
oner,  but  received  a  peremptory  refusal.  Thus  it  will  be 
seen  he  was  refused  access  to  counsel,  while  other  prisoners 
were  allowed  visitors,  and  in  some  instances,  daily. 

On  the  28th  of  October,  his  counsel  applied  for  a  writ  of 
habeas  corpus,  the  issue  of  which  had  been  delayed  to  enable 
the  District  Attorney  to  receive  instructions  from  "Washing 
ton.  If  the  Administration  had  relied  on  Horace  Binney's 
argument  and  authority  to  suspend  the  habeas  corpus,  the 
District  Attorney  would  have  received  instructions  to  oppose 
the  issue  or  plead  this  right.  If  not  sure  on  that  point,  and 
it  had  any  evidence  of  guilt,  legal  or  moral,  on  his  part, 
which  would  secure  public  condemnation  and  palliate  the 
outrage  on  the  Constitution  and  law  by  a  too  eager,  but 
manifestly  patriotic  impulse,  it  would  have  adduced  it.  But 
discarding  Mr.  Binney's  argument  as  unsound,  and  destitute 
of  the  other,  it  aggravated  its  wickedness  by  imposing  upon 
the  commander  of  Fort  Warren  the  ignominy  of  sneaking 
from  the  just  action  of  the  law,  and  with  the  military  resist- 


280 


AMERICAN    B  A  STILE. 


Lug  the  rightful  action  of  the  Court.  The  following  return 
to  the  writ  of  habeas  corpus  issued  by  Justice  Clifford,  wiL 
explain  the  state  of  affairs,  and  the  remarks  of  William  B, 
Reed,  Esq.,  and  Judge  Clifford  will  complete  a  picture,  which 
will  ever  cause  posterity  a  blush  of  shame  over  the  frailties 
of  the  present  generation. 

At  the  opening  of  the  United  States  Circuit  Court,  Octo- 
ber 29, 1862,  at  ten  o'clock,  Mr.  ¥m.  B.  Reed  read  the  fol- 
lowing affidavit  of  B.  F.  Bayley : 

"  I,  Benjamin  F.  Bayley,  being  duly  sworn,  do  depose  and  say 
that  I  am  one  of  the  deputies  of  the  Sheriff  of  the  County  of 
Suffolk,  in  the  Commonwealth  of  Massachusetts.  That  on  Tues- 
day, the  28th  day  of  October,  A.  D.  1862,  there  was  placed  in  my 
hands  for  service  a  writ  of  habeas  corpus,  a  copy  of  which  is 
hereto  annexed,  directed  to  Colonel  Justin  Dimick,  Command- 
ant of  Fort  Warren,  or  to  any  officer  under  him  having  charge 
of  William  H.  Winder,  commanding  him  to  bring  the  body  of 
said  Winder,  then  confined  in  said  Fort  Warren,  to  be  dealt  with 
as  to  law  and  justice  should  appertain.  That  upon  receiving 
said  writ,  I  immediately  proceeded  to  Commercial  Wharf,  in  the 
port  of  Boston,  where  the  steamboat  plying  between  the  said 
port  and  said  Fort  Warren  was  lying,  and  stated  to  the  captain 
in  charge  of  said  boat,  that  I  desired  to  proceed  therein  to  Fort 
Warren  as  a  messenger  from  the  United  States  Court,  with  papers 
for  said  Colonel  Justin  Dimick.  The  said  captain  told  me  that 
his  orders  were  positive  not  to  allow  any  one  to  go  in  said  boat 
without  a  pass  from  Colonel  Dimick,  said  orders  having  been 
received  on  Friday  last,  the  24th  inst.  That  being  prevented 
from  proceeding  in  said  boat,  I  did,  on  the  morning  of  Wednes- 
day, the  29th  day  of  October,  1862,  receive  from  the  counsel  of 
said  Winder,  certain  instructions  in  regard  to  the  service  of  the 
said  writ  of  the  following  tenor: 

"  You  are  intrusted  with  the  service  of  a  writ  of  habeas  corpus, 
issued  by  order  of  Hon.  Nathan  Clifford,  a  Justice  of  the  Supreme 
Court  of  the  United  States,  to  be  served  upon  Colonel  Justin 
Dimick,  at  Fort  Warren. 

"  You  will  have  with  you  the  original  writ,  with  an  attostod 
copy  thereof. 


WILLIAM    H.  WINDEK. 


281 


"  You  will  procure  a  proper  conveyance  to  take  you  to  Fort 
Warren,  and  land  there,  in  order  to  serve  the  writ  as  directed. 

"Upon  landing,  or  meeting  the  sentry,  or  other  person  at  the 
Fort  whom  you  may  first  meet,  you  will  respectfully  inquire  for 
Colonel  Dimick,  stating  you  have  a  paper  to  deliver  to  him  from 
Judge  Clifford,  a  Judge  of  the  Supreme  Court  of  the  United 
States.  Should  you  be  allowed  to  see  Colonel  Dimick,  you  will 
respectfully  deliver  to  him  the  original  writ,  saying,  at  the  same 
time,  1  This  is  a  writ  from  Judge  Clifford/  and  at  once  return  to 
Boston,  when  you  will  draw  up  a  statement  of  the  time  and 
mode  of  service.  Should  the  sentry  or  party  with  whom  you 
first  communicate  refuse  you  permission  to  see  Colonel  Dimick, 
you  will  ask  by  what  authority  you  are  refused;  if  none  is 
stated,  and  the  refusal  be  persisted  in,  you  will  hand  a  copy  of 
the  writ  to  the  sentry  or  other  party,  asking  him  to  deliver  it  to 
Colonel  Dimick,  saying  you  will  wait  for  an  answer,  and  bring 
it,  if  received.    If  this  be  refused,  you  will  return  at  once. 

"  Should  you  be  refused  permission  to  land,  and  the  refusal  bo 
persisted  in  upon  your  stating  that  you  have  a  paper  for  Colonel 
Dimick,  you  will  at  once  return,  and  make  a  report  of  what  you 
have  done. 

"Should  Colonel  Dimick  be  absent  from  the  Fort,  you  will 
communicate,  or  endeavor  to  communicate,  with  the  officer  in 
command,  in  the  manner  herein  above  set  forth. 

"That  upon  receiving  said  instructions,  I  hired  a  sail-boat,  in 
the  port  of  Boston  aforesaid,  manned  with  two  men,  and  was 
accompanied  by  John  H.  Clark,  a  reputable  citizen  of  the  County 
of  Middlesex,  in  this  Commonwealth,  and  proceeded  therein  to 
Fort  Warren,  to  serve  the  said  writ  according  to  my  instructions. 
That  I  arrived  near  to  said  Fort  Warren  at  about  three  o'clock  of 
the  afternoon  of  said  29th  day  of  October,  when  I  perceived  a  body 
of  about  fifty  armed  men,  drawn  up  in  military  array,  near  the 
place  of  landing.  That,  upon  nearing  the  landing,  I  was  hailed 
by  a  sentinel,  and  told  by  him  to  keep  off.  That  I  then  told  said 
sentinel  that  I  had  a  communication  to  make  to  Colonel  Dimick, 
and  approached  a  little  nearer  to  said  landing.  That  the  said 
force  was  marched  down  to  the  landing,  when  I  was  again  per- 
emptorily ordered,  by  a  person  in  command  of  said  force,  to 
keep  off,  and  was  prevented  from  landing.    That,  finding  it  im. 


282 


AMERICAN  BASTILE. 


possible  to  land,  or  approach  nearer  to  the  said  Fort,  I  directed 
the  boat,  in  which  I  was,  to  be  put  about,  and  returned  to  the  port 
of  Boston,  where  I  arrived  at  about  five  o'clock  of  the  afternoon 
of  the  same  day,  having  been  forcibly  prevented  from  serving 
the  said  writ.  That  I  verily  believe,  had  I  attempted  to  effect  a 
landing  at  said  Fort  "Warren,  after  having  been  warned  away,  aa 
hereinbefore  stated,  I  should  have  been  prevented  from  so  doing 
by  a  force  of  armed  men  drawn  up  at  the  landing  j  and  that,  to 
the  best  of  my  belief,  it  was  impossible  for  me  to  land  and  servo 
the  said  writ.    And  that  further  I  say  not. 

Benj.  F.  Bayley. 

"  Sworn  and  subscribed  this  30th  day  of  October,  A.D.  1862. 

G.  S.  Hillard,  Justice  of  the  Peace." 

Mr.  Reed  then  addressed  the  Court  as  follows : 
" May  it  please  your  Honor:  Having  presented  to  the  Court 
this  affidavit,  the  counsel  for  the  relator  beg  leave  to  say,  that 
we  came  to  this  jurisdiction  to  solicit  the  process  of  the  law 
in  order  to  release  from  a  long,  and,  as  we  believe,  unlawfu 
imprisonment  (for  nearly  fourteen  months)  a  fellow-citizei 
of  Pennsylvania.  We  deferred  any  action  until  the  District 
Attorney  should  have  full  opportunity  of  communicating 
with  the  authorities  at  Washington.  We  came  prepared  and 
anxious  to  meet  and  discuss  any  grave  questions  of  law  which 
the  officers  of  the  Government  might  raise  in  opposition  to 
this  discharge.  The  Court  granted  the  writ  of  relief  which 
was  asked  for,  but  its  execution  has  been  evaded  and  resisted, 
60  as  to  prevent  the  consideration  and  decision  of  these  ques- 
tions. In  the  case  decided  by  the  Chief  Justice  of  the  United 
States,  that  of  Merriman,  the  military  officer  to  whom  the  pro- 
cess wras  directed  made  a  return,  in  form  respectful,  and  this, 
too,  at  a  time  of  local  disturbance,  and  on  the  edge  of  actual 
war.  But,  here  in  Massachusetts,  many  hundred  miles  away 
from  any  scene  of  war,  where  perfect  peace  reigns,  and  every 
peaceful  relation  of  life  is  maintained,  and  the  Court  is  regu- 
larly transacting  the  ordinary  and  profitable  business  of  the 
Government  —  here  in  Massachusetts,  the  writ  which  your 


WILLIAM    H.  WINDER. 


283 


Honor  granted  is  both  evaded  and  resisted,  and  an  imprisoned 
American  citizen  is  denied  the  common  right  of  knowing  who 
are  his  accusers,  and  of  what  he  is  accused.  Your  Honor's 
writ  is  that  of  the  United  States  ;  and  that  peaceful  writ  the 
military  force  of  the  Government  prevents  us  from  executing. 
At  this  moment,  we  can  do  no  more.  "We  submit  the  facts 
this  affidavit  discloses.  We  beg  to  express  to  your  Honor  our 
high  sense  of  the  kindness  and  consideration  we  have  received 
at  your  hands  in  this  effort  to  assert  the  supremacy  of  the 
law  and  the  rights  of  the  citizen." 

Judge  Clifford  remarked,  that  nothing  more  could  be  done 
toward  effecting  a  service  of  the  writ.  The  service  has  been 
prevented  by  force.  He  deeply  regretted  that  any  officer 
should  obstruct  the  service  of  process,  especially  a  process  of 
this  kind.  But  he  was  beyond  the  control  of  the  law,  and 
the  Court  could  not  command  the  physical  force  necessary  to 
compel  its  service.  Let  the  writ  be  placed  on  file,  to  be 
served  when  service  may  be  practicable. 

It  may  perhaps  not  be  inappropriate  here  to  state,  that  this 
action  of  Messrs.  Reed,  Biddle,  and  McCall  was  spontaneous 
and  unprompted,  and  of  which  Mr.  Winder  had  no  intima- 
tion until  after  their  arrival  at  Boston.  It  was  a  generous 
and  patriotic  attempt  to  rescue  the  civil  authorities  from  the 
military  grasp,  which  had  paralyzed  it,  and  a  noble  endeavor 
to  vindicate  the  supremacy  of  the  Constitution  and  the  laws. 
In  Boston,  they  were  met  in  a  spirit  of  cordiality  by  some  of 
the  most  distinguished  members  of  the  bar  of  that  city  — 
Judge  Curtis,  Sydney  Bartlett,  Esq.,  Samuel  Dexter  Brad 
ford,  Esq.,  Hon.  George  S.  Hillard,  Mr.  Tickner,  and  others, 
all  of  whom  felt  the  deep  humiliation  of  the  country  under 
the  ignoble  despotism  of  a  perjured  Administration.  On  the 
31st  of  October,  Mr.  Winder  addressed  a  letter  to  Hon.  George 
S.  Hillard,  of  Boston,  who  had  been  one  of  his  counsel,  thank- 
ing him  for  his  services  rendered,  and  making  some  com- 
ments on  his  case.  The  letter  was  returned  to  him  as  con« 
traband,  with  the  following  indorsement : 


284 


AMERICAN  BASTILE. 


"  Kespectfully  returned,  as  being  contrary  to  instiuctions  of 
Colonel  Dimick. 

"  By  order  of  Colonel  Dimick. 

Edward  K.  Parry, 
1st  Lieut.  14th  Infantry,  Post  Adjutant." 

On  the  return  of  the  letter,  he  addressed  Colonel  Dimick 
the  following : 

"  Fort  Warren,  November  1,  1862. 
Sir:  Yesterday  you  refused  to  let  pass  a  note  to  my  counsel 
In  Boston,  unless  all  of  its  contents  should  be  expunged  except 
the  paragraph  making  acknowledgments  of  his  professional  ser- 
vices. 

"  I  therefore  deem  it  due  to  myself  to  call  your  attention  to 
the  following  facts : 

"1.  That  my  confinement  in  Fort  Lafayette  was  under  an 
alleged  order  of  the  Secretary  of  War,  Simon  Cameron  ;  and  that 
there  is  on  record  no  other  authority  for  my  confinement  there 
and  here. 

"  2.  That  you  are  perfectly  aware  that  General  Cameron  de- 
nies all  knowledge  of  my  arrest,  repudiating  the  act,  because  the 
whole  of  my  correspondence  with  him  on  the  subject  passed 
through  your  hands,  open,  and  under  your  perusal. 

"3.  You  know  perfectly  well  that  an  imprisonment  here  under 
order  of  a  Department,  without  charge,  warrant,  or  other  form 
cf  law,  would  be  a  clear  violation  of  the  rights  of  a  citizen  under 
the  Constitution  and  the  laws,  subjecting  the  violators  to  penalty. 

"  4.  You  know  that  the  record  does  not  show  even  the  color 
of  that  authority. 

"  5.  You  know  how  stringently  the  law  prohibits  the  opening 
(>f  letters  of  other  parties,  even  if  lawfully  in  custody. 

"6.  You  know  full  well  the  unquestionable  right  of  all  citizens 
to  have  counsel,  and  to  confer  with  them  alone  and  by  sealed  let- 
ters, even  though  legally  in  custody  under  charge  of  the  most 
serious  crime. 

"7.  You  know  I  have  sedulously  sought  to  learn  if  there  was 
any  charge  of  crime  against  me,  declaring  my  readiness  to  meet 
any  such. 

"  8.  You  know  that  no  charge  of  crime  has  been  made  against 
aie. 


WILLIAM    H.  WINDER. 


285 


u  9.  You  know  that,  for  the  express  purpose  of  forcing  a  lawful 
issue  on  the  question  of  my  incarceration  here,  a  writ  of  habeas 
corpus  was  issued  and  addressed  to  you. 

"10.  You  know  that  you  diligently  and  designedly  thwarted 
the  process  of  the  Court,  preventing  by  threatened  force  its  service 
npon  you,  evading  your  just  responsibility  to  the  law. 

H  11.  You  know  full  well,  that  in  accordance  with  the  Consti- 
tution and  the  laws,  it  was  your  bounden  duty  as  a  good  citizen 
and  officer  to  allow  the  service  of  the  writ,  and  to  obey  its  sum- 
mons. 

"If  to  your  knowledge  or  in  your  opinion  I  have  erred  in  any 
of  the  above,  I  beg  your  prompt  correction,  as  it  would  cause  me 
great  regret  to  have  misrepresented  you  in  any  manner ;  but  on 
the  contrary,  I  will  rejoice  at  any  explanation  which  may  relieve 
you  of  what  now  seems  to  be  your  responsibility. 

"  If  I  have  not  erred,  then  the  deduction  from  the  foregoing 
would  seem  to  be  clear,  that,  knowing  that  I  have  been  feloni- 
ously incarcerated,  and  that  there  is  no  warrant  or  lawful  au- 
thority for  my  detention,  you  nevertheless  continue  to  hold  me 
in  custody,  an  abettor. 

"  That  with  a  full  knowledge  of  the  law  in  regard  to  opening 
letters,  you  aggravate  its  daily  breach  by  refusing  to  allow  us  to 
receive  or  to  send  freely  our  letters. 

"  That,  knowing  as  you  do,  the  undoubted  right  of  every  citizen 
to  appeal  to  the  law  for  relief  against  illegal  restraint,  you  have 
by  force  and  design  resisted  and  defeated  the  solemn  efforts  of 
the  law,  because  you  knew  you  held  me  in  unlawful  confinement, 
and  excluded  from  personal  interview  as  my  counsel  have  been, 
you  suppress  a  letter  which  is  addressed  to  my  counsel,  and  ex- 
clusively confined  to  such  views  of  my  case  as  I  wish  presented 
to  him. 

"I  now  protest  against  any  interposition  between  me  and  my 
counsel  by  you,  and  indeed  against  your  keeping  me  here,  and  I 
demand  of  you  evidence  of  any  authority  whatever,  real  or  pre- 
tended, except  the  physical  force  of  your  soldiers,  for  holding  me  a 
prisoner,  for  opening  and  reading  all  my  letters  to  and  fro,  and 
for  suppressing  all  that  are  distasteful. 

"If  you  have  the  means  to  justify  yourself,  I  shall  certainly 
receive  such  an  answer :  if  you  can  find  none  to  justify  you,  I 


286 


AMERICAN  BASTILE. 


would  suggest  that  you  would  adopt  such  a  course  as  will  find 
its  justification  in  the  Constitution  and  the  laws  which  you  have 
iworn  to  support,  on  penalty  of  perdition  if  you  prove  false  to 
them.  Respectfully  yours, 

(Signed)  W.  H.  Winder. 

"  Col.  Justin  Dimick." 

A  letter  to  the  Hon.  James  Brooks,  member  of  Congress 
from  New  York  City,  was  at  first  suppressed,  and  afterward, 
on  his  importunity,  sent  by  the  Colonel  to  the  Adjutant-Gen- 
eral's Office,  Washington,  from  which  Mr.  Brooks  never  re- 
ceived it. 

In  a  few  days  afterward,  every  prisoner  was  unconditionally 
discharged,  without  even  the  stain  of  a  charge !  They  gladly 
left  Fort  Warren,  and  would,  if  they  could,  have  left  behind 
the  recollection  of  the  indignities  endured  within  its  walls. 
The  state  and  war  prisoners  were  mixed  up  promiscuously. 
Mr.  Winder  had  war  prisoners  in  the  room  with  him,  who 
were  more  favored,  for  they  had  the  liberty  of  the  whole 
island,  while  the  state  prisoners  were  restricted  to  the  square 
within  the  wails  of  the  Fort,  until  after  the  visit  of  Messrs. 
Dix  and  Pierpont. 

Immediately  after  his  release,  he  proceeded  to  Washington 
to  obtain  his  papers  from  Mr.  Seward.  The  following  corre- 
spondence will  give  the  history  of  the  matter. 

"Hon.  Wm.  H.  Seward,  Secretary  of  State: 

"  Sir :  At  the  request  of  Wm.  H.  Winder,  Esq.,  one  of  my 
constituents,  I  would  ask  the  return  to  him  of  his  books,  letter- 
books,  letters,  papers,  and  a  picture  of  John  C.  Calhoun,  taken 
from  Mr.  Winder's  office  and  domicil  in  Philadelphia,  at  the  time 
of  his  arrest  in  that  city,  in  September,  1861.  These  effects  are 
now  in  the  custody  of  Mr.  Webster,  of  your  Department,  as  Mr, 
Winder  is  informed. 

"  An  early  reply  will  oblige  him,  and, 

Yery  respectfully,  your  obedient  servant, 

(Signed)  Chas.  J.  Biddle. 

"Houso  of  ^Representatives,  December  9,  1862." 


WILLIAM    H.  WINDER. 


287 


"Department  of  State, 
"  Washington,  December  10,  1862. 
"The  Hon.  Charles  J.  Biddle,  House  of  Kepresentatives : 

"  Sir :  Your  letter  of  the  9th  instant  has  been  received,  and 
referred  to  the  War  Department. 

"  Very  respectfully,  your  obedient  servant, 

(Signed)  F.  W.  Seward, 

Assistant  Secretary." 

14  Sir  :  1  learned  from  the  Mayor  of  Philadelphia,  that  my 
books,  letters,  papers,  etc.,  had  been  sent  to  you  by  your  order, 
(copy  of  which  he  showed  to  me,)  by  Detective  Franklin,  who 
took  receipt  for  them.  I  learned  this  from  several  parties  who 
had  interviews  with  you,  and  that  they  were  under  special  charge 
of  Mr.  Webster,  of  your  Department,  who  acted  as  secretary  to 
Messrs.  Dix  and  Pierpont.  Under  this  state  of  affairs,  I  feel  I 
have  a  right  to  claim  of  you  their  return ;  for  wherever  they 
may  be,  they  are  attainable  by  you. 

"  I  do,  therefore,  now  demand  of  you  the  immediate  return 
of  all  my  books,  papers,  and  letters,  and  whatever  else  of  mine 
which  may  have  been  sent  to  you.  I  look  to  you  personally  for 
their  return,  and  trust  that,  recognizing  the  propriety  of  my 
demand,  you  will  take  the  necessary  steps  to  put  me  promptly 
in  possession  of  them. 

"  I  am,  sir,  your  obedient  servant, 

(Signed)  W.  H.  Winder. 

v  Hon.  Wm.  H.  Seward,  Washington,  22d  December,  1862." 

To  this  letter,  Mr.  Seward  made  the  following  reply . 

"Mr.-  Seward  presents  his  compliments  to  Mr.  Winder,  and 
has  to  inform  him  that  his  note  of  this  date  has  been  referred 
to  the  proper  officer,  Major  L.  C.  Turner,  Associate  Judge  Advo- 
cate of  the  Army. 

"  Department  of  State,  22d  December,  1862. 

Mr.  Winder  replied  to  the  Secretary  in  a  long  letter,  ac- 
knowledging his  court  eousness —  stating  the  violation  of  his 
papers  at  the  time  of  arrest  —  his  fruitless  endeavors  for 
three  weeks  to  recover  them,  and  the  means  which  he  had 
taken  to  obtain  them,  and  the  evasion  and  procrastination 


238 


AMERICAN  BASTILE. 


that  had  been  practised  on  him,  and  urging  the  immediate 
return  of  them.  Mr.  Winder  again  addressed  the  Secretary 
on  the  27th  instant : 

"Washington,  27th  December,  1862. 

"Sir:  I  beg  leave  to  recall  your  attention  to  my  note  to  yo^i 
of  23d  instant.  While  I  fully  appreciate  the  engrossing  nature 
of  your  official  duties,  in  excluding  other  matters  from  your 
attention,  I  am  sure  you  will  make  equal  allowance  to  my 
urgency  to  be  freed  from  a  very  inconvenient  expenditure  of 
time  in  seeking  to  obtain  my  property,  which  I  had  a  right  to 
expect  to  receive  immediately  on  demand. 

"  I  am,  sir,  your  obedient  servant, 

(Signed)  W.  H.  Winder." 

On  receiving  the  evasive  reply  to  Mr.  Biddle,  Mr.  W.  wrote 
to  the  Mayor  of  Philadelphia,  for  a  copy  of  the  receipt  which 
Detective  Franklin  stated,  he  had  received  on  the  surrender 
to  the  State  Department  of  the  papers.  He  replied :  "I 
directed  Chief  Franklin  to  furnish  a  copy  of  the  receipt  given 
to  him  for  the  papers  delivered  to  the  Government,  and  this 
morning,  after  search  among  the  documents  in  his  office,  he 
reports  to  me  that  he  is  unable  to  find  it,  but  as  soon  as  dis- 
covered you  shall  be  informed  of  its  purport." 

On  the  3d  of  January,  the  Mayor,  in  reply  to  Mr.  "Winder's 
let  ter,  asking  the  name  of  the  party  signing  the  receipt  and 
its  tenor,  enclosed  Mr.  Franklin's  report.    The  report  says : 

u  Some  weeks  since,  I  was  requested  by  your  Honor  to  furnish 
the  receipt  given  me  for  certain  papers  belonging  to  Mr.  Win- 
der, of  this  city,  seized  at  the  time  of  his  arrest  by  order  of  the 
Government.  I  have  carefully  examined  my  papers,  but  have 
been  unable  to  find  it,  and  have  no  doubt  it  has  been  destroyed 
with  other  surplus  matter.  I  think,  however,  there  can  be  no 
difficulty  in  finding  all  the  documents  referred  to,  as  I  understood 
from  Mr.  Geo.  Coffey,  United  States  District  Attorney,  yesterday, 
that  he  was  in  possession  of  all  of  them;  and  I  have  no  doubt, 
M*r.  Winder  may  get  all  the  information  desired  by  communi- 
eating  with  him. 

(Signed)  Benjamin  Franklin, 

Chief  Detective,  Department  Police  " 


WILLIAM    H.  WINDER. 


289 


It  occurred  to  Mr.  "Winder,  when  reading  this,  1hat  his 
correspondence  with  Secretary  Seward  had  induced  him  to 
send  on  the  papers  to  Philadelphia,  to  keep  up  the  idea,  that 
he  had  not  possession  of  them.  Upon  his  return  to  Phila- 
delphia, he  called  on  Mr.  Coffey,  and  showed  him  the  report 
of  Franklin.  He  said  he  was  in  correspondence  with  the 
State  Department,  and  the  di&position  of  them  would  depend 
upon  the  result  of  it.  Winder  understood  him  to  say,  tha** 
under  direction  of  the  Department,  he  was  examining  to  see 
if  a  prosecution  could  not  be  made,  and  that  any  further 
communication  on  the  subject  mu  it  be  made  through  counsel. 
After  some  time,  his  counsel,  Mr.  Diddle,  wrote  to  Mr.  Coffey, 
requesting  the  return  of  Mr.  W.'s  effects,  to  which  Mr.  Coffey 
verbally  replied,  by  stating,  that  he  would  write  to  the  State 
Department,  and  if  no  order  to  the  contrary  should  be  re- 
ceived, he  would  return  them.  Accordingly,  after  a  week's 
delay,  he  surrendered  a  box,  on  the  top  of  which  was  — 

"  From  the  Department  of  State,  TJ.  S.  A. 

Geo.  A.  Coffey,  Esq.,  U.  S.  District  Attorney, 

Philadelphia,  Penna." 

—  showing  it  came  from  the  State  Department — was  in  possession 
of  Secretary  Seward,  while  he  was  referring  Mr.  Biddle  and  Mr. 
Winder  to  the  War  Department.  This  box  contained  all  of 
the  effects  which  have  as  yet  been  returned. 

19 


C.  F.  RUST. 


THIS  case  presents  an  instance  in  which  the  malice  and 
vindictiveness  of  the  "  one-man  power"  banished  an  un- 
offending citizen  from  his  home,  and  drove  him  into  the 
Confederacy,  there  to  remain  during  the  war,  under  penalty 
of  death  should  he  return. 

About  four  o'clock,  on  the  morning  of  Friday,  the  8th  of 
May,  1863,  an  individual  named  Isaac  H.  D.  Knowles,  an 
United  States  Detective,  called  at  the  house  of  Mr.  0.  F. 
Rust,  near  Seaford,  Sussex  County,  Delaware,  and  anested 
him.  AVhen  asked  for  his  authority,  he  replied,  "  By  order 
of  General  Schenck,"  and  when  requested  to  produce  it,  pre- 
sented a  general  order  for  the  arrest  of  deserters,  blockade- 
runners,  and  dangerous  persons,  which  was  signed  by  that 
officer.  Mr.  Rust  replied,  that  he  did  not  belong  to  either 
of  the  classes  of  persons  named  ;  but  this  explanation  had  no 
effect  in  his  case,  as  his  arrest  had  been  predetermined. 

Knowles  made  no  specific  charges,  nor  did  he  inform  the 
prisoner  why  he  had  been  arrested. 

He  was  conveyed  to  "Wilmington,  and  thence  to  Baltimore, 
where  he  was  confined  in  a  cell  at  the  Central  Police  Station, 
and  detained  there  until  sunrise,  with  the  drunkards,  thieves, 
and  prostitutes  that  find  their  way  thither  during  the  night. 

He  was  removed  from  there  to  the  Gilniore  House,  and 
placed  in  a  front  basement,  formerly  used  as  a  billiard  saloon, 
without  either  chair  or  bed.  While  confined  there,  he  ad- 
dressed a  note  to  Thomas  F.  Bayard,  Esq.,  an  attorney  at 
law,  of  Wilmington,  (son  of  the  Hon.  James  A.  Bayard,)  who 
was  then  sojourning  in  Baltimore,  requesting  him  to  call 
npon  him  at  the  Gilmore  House,  as  he  wished  to  obtain  his 
advice.  Mr.  Bayard  called,  but  was  refused  an  audience  with 
the  prisoner. 

290 


C.  F.  RUST. 


291 


Removed  from  his  confinement  at  the  Gilmore  House,  he 
was  placed  on  the  cars  and  carried  to  Harper's  Ferry,  leaving 
Baltimore  at  half-past  eight  o'clock  on  Saturday  night,  and 
arriving  at  the  Ferry  before  daybreak  on  Sunday  morning. 
He  was  then  placed  in  a  church,  under  guard,  until  Mon- 
day, when  he  was  taken  to  Martinsburg,  West  Virginia,  and 
incarcerated  in  the  county  jail  at  that  place,  with  several 
other  prisoners.  The  nights  being  chilly,  and  having  an 
insufficiency  of  clothing,  he  suffered  much  from  cold,  until 
kindly  furnished  with  a  blanket  by  a  deserter  from  an  Ohio 
regiment. 

While  confined  in  the  jail,  Mrs.  Young,  the  wife  of  the 
postmaster  at  that  place,  requested  permission  to  furnish  him 
with  some  food,  which  was  denied. 

On  Monday  morning,  he  was  placed  in  a  Government  wagon, 
without  seats,  sent  over  a  rough  pike  to  Winchester,  and 
there  taken  before  a  Provost  Marshal,  named  Alexander,  of 
whom  he  inquired  the  cause  of  his  arrest,  and  was  informed 
that  it  was  u  disloyalty  to  the  flag."  Rust  asked  how  he 
knew  that  he  was  disloyal,  when  he  had  received  no  trial, 
and  no  proof  had  been  adduced  to  substantiate  the  charge. 
Alexander  replied,  that  the  fact  of  his  being  arrested  and 
exiled  from  his  home,  was  proof  conclusive.  He  then  asked 
the  Marshal  if  he  thought  the  arresting  of  a  man  without  a 
warrant,  exiling  him  from  his  home,  and  forbidding  him  to 
return,  during  the  continuance  of  the  war,  on  pain  of  being 
treated  as  a  spy,  would  make  him  love  and  respect  a  flag 
under  which  such  flagitious  outrages  were  committed. 

The  Marshal  made  no  reply  to  Mr.  Rust,  but  handed  an 
order  to  a  sergeant,  directing  him  "  to  conduct  him  (Rust)  to 
Dixie,  never  to  return." 

The  sergeant  conducted  him  to  the  turnpike  gate,  about 
one  and  a  quarter  miles  from  Winchester,  on  the  road  lead- 
ing to  Strasburg,  the  intervening  space  being  considered 
neutral  ground,  as  Winchester  was  then  occupied  by  the 
Federal  forces,  and  Fisher's  Hill  by  the  Confederates.  At 
the  gate,  he  was  directed  by  the  sergeant  to  make  his  way  to 


292 


AMERICAN    B  A  STILE. 


Richmond,  or  any  other  place  in  the  Confederacy  that  might 
suit  him,  at  the  same  time  reiterating  the  Marshal's  order. 
The  order  was  promptly  obeyed,  Rust  being  glad  to  escape 
confinement  even  upon  such  terms.  He  was  thus  separated 
from  his  family  for  two  years  and  four  months,  without  any 
sufficient  reason  ever  being  assigned  for  it. 

During  his  exile,  his  son,  William  C.  Rust,  a  boy  of  sixteen, 
was  confined  in  Fort  Delaware  for  one  hundred  days,  on  sus- 
picion of  having  assisted  his  uncle,  William  T.  Cooper,  (a  son 
of  Ex-Governor  William  B.  Cooper,)  to  escape  from  prison, 
the  said  Cooper  having  been  a  Rebel  soldier,  captured  at 
Romney,  Virginia.  Mrs.  Rust  was  several  times  before  mil 
itary  commissions,  and  annoyed  in  other  ways  during  her 
husband's  absence. 

At  the  time  of  his  arrest,  Mr.  Rust  was  forty -four  years 
of  age.  By  occupation  he  is  a  farmer.  He  has  never  held 
an  office,  although  in  the  politics  of  his  county  he  has  always 
activoly  participated. 


HON.  ANDREW  DUNCAN  DUFF. 


HON.  ANDREW  DUNCAN  DUFF,  was  born  in  the  State 
of  Illinois,  in  1820,  and  has  resided  in  Franklin  Connty, 
in  that  State,  since  1825.  Of  him  it  may  be  truly  said,  "  he 
has  been  the  architect  of  his  own  fortune,"  for,  iu  the  year 
1836,  he  was  left  an  orphan  boy,  destitute  of  means,  and  with- 
out education.  In  1845,  he  was  married  to  Miss  Mary  Eliza 
Powell.  In  1847,  he  commenced  the  study  of  law  in  the 
office  of  Hon.  W.  A.  Denning,  then  President  Judge  of  the 
Third  Judicial  Circuit  of  Illinois  ;  but  shortly  after,  the  Gov- 
ernor of  the  State  having  called  for  four  regiments  of  volun- 
teers, to  be  commissioned  during  the  war  with  Mexico,  young 
Duff  enlisted  as  a  private,  and  served  with  great  distinction 
under  Colonel  E.  W.  B.  Newly,  until  the  close  of  the  war. 

After  his  return  from  Mexico,  he  resumed  the  study  of  the 
law  in  the  office  of  Judge  Denning,  and  was  admitted  to  the 
bar  in  1850.  He  soon  attained  a  high  standing  and  reputa- 
tion at  the  bar,  and  after  having  filled  many  offices  of  honor 
and  trust,  both  by  election  and  appointment,  with  great  satis- 
faction and  credit,  he  was,  in  1861,  elected  Judge  of  the 
Twenty-sixth  Judicial  Circuit  of  Illinois,  then  composed  of 
Williamson,  Franklin,  and  Saline  Counties,  for  the  term  of 
six  years.  In  the  same  year  he  was  elected  a  member  of  the 
Constitutional  Convention  of  Illinois,  and  took  a  prominent 
part  as  Chairman  of  the  Committee  on  the  Judiciary.  In 
order  to  defeat  the  re-election  of  Judge  Duff  to  the  bench, 
the  district  was  attempted  to  be  changed.  Franklin  County 
was  stricken  from  the  district,  and  other  counties  added. 
But  the  Supreme  Court  set  aside  the  proceedings  as  illegal 
and  void,  and  Judge  Duff,  having  received  a  renomination, 

293 


294 


AMERICAN  BASTILE. 


was  again  elected  by  a  large  majority,  although  the  district 
had  gone  Republican  the  year  before. 

Judge  Duff,  after  his  re-election  to  the  bench,  established 
a  law-school  in  Benton,  Illinois,  which  is  now  in  a  nourishing 
condition.  He  is  deservedly  popular,  is  a  good  jurist,  and  an 
able  speaker  and  writer.  At  the  time  of  his  arrest  and  im- 
prisonment, his  family  consisted  of  a  pious  and  Christian  wife, 
a  son  eight  years  of  age,  and  three  daughters  still  younger. 
Judge  Duff  himself  is  in  communion  with  the  Church,  and 
is  in  all  respects  a  high-toned  and  Christian  gentleman. 

On  Monday,  August  11,  1862,  Judge  Duff  commenced  the 
August  term  of  the  Williamson  County  Circuit  Court,  at 
Marion,  twenty  miles  south  of  Benton,  the  place  of  his  resi- 
dence. On  Thursday  evening,  August  14,  two  United  States 
Detectives,  named  Scott  and  Woodruff,  arrived  in  Marion, 
from  Cairo.  Scott  was  an  Englishman,  and  possessed  some 
of  the  traits  of  a  gentleman.  Woodruff  was  in  appearance 
the  embodiment  of  villany.  In  the  evening,  after  the  ad- 
journment of  court,  Scott,  who  was  personally  acquainted 
with  Judge  John  H.  Mulkey,  of  Cairo,  privately  communi- 
cated to  him  their  business,  which  was  to  arrest  him  (Judge 
Mulkey,)  Hon.  Wm.  J.  Allen,  then  a  member  of  Congress 
from  the  Ninth  District ;  John  A.  Clemenson,  State's  Attor- 
ney for  the  Twenty-sixth  Judicial  Circuit ;  and  J udge  A.  D. 
Duff,  the  President  Judge  of  said  Circuit,  and  several  other 
prominent  gentlemen  of  that  section  of  the  State. 

The  gentlemen,  on  learning  the  facts,  and  knowing  the  ar- 
bitrary power  then  existing,  had  an  interview  with  Detective 
Scott,  and  informed  him  that  he  might  consider  them  prison- 
ers ;  tnat  they  would  be  ready  at  12  o'clock  m.,  the  following 
day,  to  accompany  him  to  Cairo.  This  proved  satisfactory 
to  him.  At  10  o'clock  a.m.,  on  Friday,  the  15th  inst.,  Judge 
Duff  adjourned  the  court,  leaving  a  large  amount  of  both 
sriminal  and  civil  business  unfinished. 

They  reported  at  the  hotel,  according  to  the  arrangement 
of  the  day  previous,  and  soon  after  started  for  Cairo,  in 


ANDREW    DUNCAN  DUFF. 


295 


charge  of  the  two  detectives ;  at  which  place  they  arrived 
about  sundown  the  same  evening. 

The  party  were  taken  before  Major  J.  W.  Merrill,  Pro- 
vost Marshal,  who  required  them  to  report  to  him  the  next 
day  at  9  o'clock  a.m.  They  were  given  the  freedom  of  the 
city  on  parole,  but  were  required  to  report  in  person  once  a 
day  at  the  Marshal's  office,  until  further  orders.  The  most 
painful  case  among  these  arrests  was  that  of  Dr.  Bundy, 
(whose  case  is  elsewhere  narrated,)  the  foreman  of  the  grand 
jury,  who  was  torn  from  the  unfinished  grave  of  his  departed 
child,  and  not  even  allowed  to  pass  his  house  to  give  a  part- 
ing word  of  advice  to  his  disconsolate  wife  and  the  heart- 
broken mother,  in  that  afflicting  hour  of  bereavement  and 
death.  The  officer,  who  took  them  into  custody,  exhibited  no 
writ  or  warrant  for  Judge  Duff's  arrest,  nor,  indeed,  for  any 
of  the  others,  as  no  affidavit  had  then  been  made  against  any 
of  the  party. 

The  Judge  was  arrested,  as  Officer  Scott  said,  on  informa- 
tion contained  in  a  letter  from  Frankfort,  at  which  place,  he, 
on  the  21st  of  the  preceding  July,  had  made  a  speech.  Thia 
accurate  and  truthful  letter  stated  it  was  made  on  the  28th. 
This  statement  was  made  in  the  presence  of  the  Hon.  Wm. 
J.  Allen,  Judge  Mulkey,  and  others.  Judge  Duff  then  in- 
quired of  the  officer,  what  part  of  the  speech  was  considered 
disloyal.  In  reply  he  said, "  that  he  "  (the  Judge) u  was  charged 
with  exposing  frauds  perpetrated  on  the  Government,  and  that 
such  exposition  tended  to  discourage  enlistments."  Judge 
Duff  said,  that  "  he  would  plead  guilty  of  that,  if  it  was  the 
charge,  as  he  regarded  it  as  the  proudest  day  of  his  life,  to 
be  arrested  for  pleading  for  even-handed  justice,  and  common 
honesty,  in  the  use,  management,  and  distribution  of  the 
people's  money ;  and  for  publicly  denouncing  the  thieves  and 
villains  who  were  robbing  a  tax-ridden  people.  Henceforth, 
he  felt  that  his  arrest  had  been  determined  on  by  the  great 
3anhedrim  or  conclave  of  public  plunderers  at  Springfield." 
On  the  way  to  Cairo,  the  officers  informed  him  that  they 
would  have  to  go  back  to  Franklin  County,  for  proof  against 


296 


AMERICAN  BASTILE. 


him.  These  proofs  were  the  ex-parte  affidavits  afterward 
produced. 

On  Monday  morning,  the  officers  left  Cairo  for  the  purpose 
of  obtaining  the  evidence.  They  went  to  Frankfort  and 
Benton,  and  there  took  the  affidavits  of  four  or  live  persons, 
who  were  the  bitter  partisan  enemies  of  the  Judge.  The 
affidavits  consisted  of  garbled  and  ex-parte  statements  of  what 
the  affiants  had  heard  him  say  in  different  speeches,  com- 
mencing in  September,  1861,  and  running  through  the  whole 
of  his  speeches,  from  that  time,  until  the  Frankfort  speech, 
made  but  a  few  weeks  previously.  These  affidavits  contained 
nothing  more  than  could  be  found  in  almost  all  the  Demo- 
cratic speeches  of  that  period.  As  the  officers  were  return- 
ing to  Cairo,  they  found  at  Big  Muddy  Bridge,  eighty  miles 
distant,  a  vile  wretch,  named  George  Meyers,  who  was  willing 
to  swear  to  anything.  This  was  the  man  so  long  looked  for. 
Connovers,  the  future  outgrowth  of  the  war,  were  not  so 
plenty  then  as  at  a  subsequent  period.  He  was  conducted  to 
Carbondale,  seven  miles  distant,  and  there,  with  a  Republi- 
can named  Dudding  for  an  amanuensis,  the  following  affida- 
vit was  drawn  up  at  night,  and  reported  as  sworn  to  before 
a  Justice  of  the  Peace  of  Perry  County,  Illinois. 

George  Meyers,  Sergeant  of  Captain  Creed's  company,  sta- 
tioned at  Big  Muddy  Bridge,  in  Jackson  County,  Illinois,  aged 
twenty -three  years,  being  duly  sworn,  deposes  and  says: 

"I  am  a  member  of  the  Knights  of  the  Golden  Circle,  and  have 
visited  two  meetings  of  that  order  in  Williamson  County.  The 
first  was  on  the  night  of  the  10th  of  July,  at  the  school-house, 
about  six  or  seven  miles  from  Marion,  at  which  I  was  initiated 
by  a  person  who  was  termed  the  'Worthy  Chief.'  A  man  named 
William  Andrews  went  with  me ;  on  which  occasion,  they  took 
a  book  and  read  to  me  the  laws,  which  were,  as  near  as  I  can 
recollect :  '  We  are  not  to  take  up  arms  either  for  or  against  the 
United  States,  but  we  will  bear  true  allegiance  to  those  who  may 
be  members  of  the  Golden  Circle,  and  that  we  shall  not  take  up 
arms  against  them,  but  be  one,  under  a  solid  body/  This  I  was 
sworn  to  under  penalty  of  death.    I  was  not  to  allow  it  to  be 


ANDREW    DUNCAN  DUFF. 


297 


known  that  I  belonged  to  the  order,  except  to  those  whom  1 
knew  to  be  members.  I  was  then  shown  the  sign  and  pass- 
words. 

"  The  second  meeting  was  held  about  three  miles  from  Blairs- 
ville,  in  Williamson  County.  Judge  Duff  was  there,  and  seven 
or  eight  other  speakers.  Judge  D.  addressed  the  members,  and 
said  that  regiment  No.  —  (giving  a  number  which  I  do  not  re- 
collect,) was  to  keep  still  for  a  few  days,  and  they  would  have 
a  great  deal  to  do  at  home,  as  they  would  have  to  carry  out  what 
a  third  party  had  laid  out  to  be  done  against  Union  men,  as  soon 
as  the  volunteers  should  have  left.  Several  others  addressed  the 
meeting.  From  the  conversation,  I  understood  the  members 
were  expecting  arms  from  Missouri.  There  were  300  persons 
present. 

his 

(Signed)  George  {xj  Meyers." 

mark 

This  affidavit  was  an  unmitigated  falsehood  from  begin- 
ning to  end.  It  contained  no  semblance  of  truth,  as  will  be 
seen  in  the  sequel.  Furthermore,  it  was  illegal.  Judge 
Duff  proposed  to  the  Marshal  to  bring  Meyers  to  Cairo,  and 
to  satisfy  himself  of  the  truth  of  the  statement,  by  an  exam- 
ination, privately  or  otherwise.  He  wished  to  show,  at  the 
same  time,  that  this  falsifier  could  not  tell  a  word  about  his 
antecedents,  personal  appearance,  age,  complexion,  or  height, 
and  further,  he  offered  to  bear  the  expenses  of  the  trip. 
This  proposition  the  Marshal  refused,  in  defiance  of  the  ex- 
plicitly worded  sixth  amendment  to  the  Constitution  of  the 
United  States,  which  says :  "In  all  criminal  prosecutions,  the 
accused  shall  enjoy  the  right  .  ...  to  be  confronted  with  the  wit- 
nesses against  him  ;  "  and  also  of  the  ninth  section  of  the  Bill 
of  Rights  of  the  Constitution  of  the  State  of  Illinois,  which 
reads  as  follows :  " In  all  criminal  prosecutions,  the  accused  hath 
a  right  to  be  heard  by  himself  or  counsel,  to  demand  the  nature 
and  cause  of  the  accusation  against  him,  to  meet  the  witnesses 
face  to  face."  Our  readers  will  here  perceive,  that  the  Con- 
stitution of  the  United  States  and  that  of  the  State  of  Illi* 
noie,  were  violated  by  this  one  act.    The  Judge  then  said 


298  AMERICAN  BASTILE. 

"  I  have  not  been  in  Perry  County  since  the  1  Oth  of  June, 
when  I  made  a  speech  at  Tamaroa,  nor  have  I  been  nearer 
Blairsville  than  Carbondale  or  De  Soto,  since  1857  ;  nor  did 
I  ever  make  a  speech  in  my  life  but  what  was  a  public  speech, 
addressed  to  persons  of  all  political  opinions  who  would 
come  and  hear  me ;  neither  is  there  a  truthful  being  on  earth, 
who  can  say,  that  I  ever  joined,  or  ever  belonged  to  the  or- 
ganization of  K.  G.  C.'s,  under  that  or  any  name  whatever. 
I  never  joined  them,  nor  did  any  man  ever  ask  me  to  join 
them."  During  the  conversation  with  the  Marshal,  one  of 
the  detectives  (Woodruff)  informed  the  latter,  that  he  knew 
Meyers  in  the  2d  Illinois  Cavalry,  that  he  was  then  known 
under  another  name,  and  was  universally  regarded  as  ua  liar, 
blackleg,  and  scoundrel" 

While  still  confined  at  Cairo,  the  Marshal,  Major  Merrill, 
told  Judge  Duff,  that  he  would  have  discharged  him,  but 
that  Governor  Yates  had  commanded  him  not  to  do  so  ;  that 
"  he  "  (the  Governor)  "  would  be  able  in  a  few  days  to  send 
him  ten  times  more  evidence,  and  of  a  much  more  positive 
character." 

On  the  26th  of  August,  the  "  Daily  Chicago  Tribune  "  con- 
tained a  copy  of  the  Meyers  affidavit,  and  what  purported  to 
be  an  additional  one,  which  filled  more  than  two  columns  of 
that  paper.  This  was  the  Governor's  mouse  —  the  mighty 
production  of  his  herculean  mental  labors,  which  astonished 
the  eyes  of  an  alarmed  and  startled  world.  The  earth  shook 
under  it,  to  its  deepest  foundations  !  the  heavens  were  gently 
bowed  !  the  sun  was  clothed  in  darkness  !  the  moon  turned 
to  blood  !  and  all  nations  and  tribes  of  the  earth  fell  on  their 
faces  and  did  mourn ;  even  his  Excellency,  the  Governor  — 
blushed.  The  following  was  "  the  ten  times  more  evidence  " 
—  the  St.  John's  Gospel,  which  was  intended  to  corroborate 
the  Meyers  affidavit.  It  boldly  stated  that  on  Sunday,  the 
10th  of  August,  1862,  he  had  attended  a  secret  meeting  of 
the  Knights  of  the  Golden  Circle,  at  a  place  ten  miles  north 
of  Pinckneyville,  in  Perry  County ;  that  there  were  at  least 
100  Knights  of  the  Golden  Circle  present,  and  that  Judge 


ANDREW    DUNCAN  DUFF. 


299 


A.  D.  Duff,  Francis  M.  Youngblood,  H.  W.  Newland,  Joseph 
Crouch,  and  James  S.Moore,  of  Franklin  County;  David 
Neal,  David  Williams,  Ezra  Johnson,  Dr.  Blanchard,  James 
Blenhois,  Thomas  Logan,  (the  General's  brother,)  Benjamin 
Harris,  Cartright  Davis,  and  Philip  Davis,  of  Jackson  County  ; 
George  W.  Wall,  D.  M.  Hoge,  E.  B.  Rushing,  Thomas  Hush* 
ing,  S.  A.  Baird,  S.  M.  Pyle,  Dr.  Ross,  0.  H.  McCarver,  Bed- 
ford Turman,  W.  A.  Harris,  Stephen  Duncan,  and  many 
others,  of  Perry  County,  were  present,  and  that  all  those 
mentioned  made  speeches  on  the  occasion.  It  further  pre- 
tended to  give  an  abstract  of  what  each  one  said,  and,  as  a 
matter  of  course,  the  language  used  by  each  was  disloyal. 

Thomas  Logan,  in  closing  the  meeting  —  as  it  averred  — 
openly  declared  that,  "  as  for  himself,  he  was  for  Jeff  Davis 
and  the  Southern  Confederacy."  The  great  length  of  this 
pronunciamento  of  the  Governor  prevents  us  from  giving  it 
in  toto.  But  we  quote  verbatim  one  important  paragraph. 
Speaking  of  the  proceedings  at  the  meeting,  it  says :  "  A 
letter  was  produced  and  read  to  the  meeting,  directly 
from  Jeff  Davis  and  Beauregard,  to  Edell  Jones,  stating 

THAT  IF  THE  K.  G.  C.'s  OF  ILLINOIS,  COULD  FURNISn  TWO  THOU- 

sand  men  for  the  confederate  army,  the  confederate 
States  would  be  fully  able  to  succeed  in  their  undertak- 
ing." This  was  an  astounding  revelation.  At  a  time  when 
the  Federal  Government  was  organizing  an  army  of  twelve 
hundred  and  fifty  thousand  men  for  the  suppression  of  the 
rebellion,  Jeff  Davis  and  Beauregard  write  to  a  poor,  obscure 
orphan  boy  of  Franklin  County,  Illinois,  who  could  scarcely  read 
or  write  his  own  name,  informing  him  that  if  the  K.  G.  C.'s 
could  furnish  them  with  two  thousand  men,  their  cause  would  be 
safe.    Could  such  an  idea  emanate  from  a 

.    .    .    .    "  brain 
Healthful  and  undisturbed  by  factious  fumes?  " 

"When  this  document  first  appeared  m  the  papers,  the 
Judge  and  his  friends  called  upon  the  Provost  Marshal,  and 
demanded  the  name  of  the  party  who  swore  to  it,  but  were 


300 


AMERICAN  BASTILE. 


informed  that  the  Governor  had  directed  it  to  be  withheld. 
At  Washington  City,  Judge  Duff  again  demanded  the  name 
of  the  person  from  the  Judge  Advocate,  and  received  the 
same  reply :  "  The  Executive  of  the  State  of  Illinois  has  re- 
quested the  name  to  be  withheld  from  the  public.5 '  The 
Judge  then  came  to  the  conclusion,  that  it  had  never  been 
swore  to,  but  that  it  had  been  forged  to  assist  in  partisan 
measures,  and  that  the  document  had  been  sent  with  a  blank 
space,  to  Tamaroa,  to  be  filled  up  with  the  names  of  all 
such  persons  as  the  Executive  wished  to  oppress. 

Court  convened  in  Williamson  County,  on  Monday,  the 
11th  of  August,  1862,  at  Marion,  midway  between  Benton 
and  Vienna.  The  Judge  having  left  one  of  his  children  quite 
ill  at  home  on  the  3d,  he  determined  upon  adjourning  court 
at  Vienna  on  Saturday,  to  enable  him  to  reach  his  home  that 
night,  if  possible,  so  as  to  spend  Sunday  with  his  family,  and 
be  at  Marion,  Monday  morning,  in  time  for  court.  Accord- 
ingly, on  Saturday  morning,  the  9th  inst.  at  about  10  o'clock, 
he  left  Vienna  in  company  with  Judge  Mulkey,  both  travel- 
ling in  the  same  buggy,  Judge  Mulkey  going  to  Marion, 
Judge  Duff  to  Benton.  About  seven  miles  from  Marion  the 
buggy  broke  down.  He  then  left  Judge  Mulkey  at  the  house 
of  a  gentleman  named  Cash,  from  whom  he  borrowed  a  sad- 
dle, unharnessed  his  horse,  and  rode  to  Marion,  which  he 
reached  at  sundown.  He  then  left  his  horse,  borrowed  a 
horse  and  buggy  from  Hon,  William  J.  Allen,  and  started 
for  his  home,  which  he  reached  at  midnight.  Sunday  was 
spent  at  his  home,  and  about  town,  where  he  saw  and  talked 
with  many  of  the  citizens  of  the  place.  On  the  following 
day,  (Monday,)  he  convened  the  court  at  Marion,  and  was 
proceeding  with  business  when  arrested.  The  affidavits  of 
nineteen  citizens,  of  both  political  parties,  were  filed  with  the 
Judge  Advocate  at  Washington,  proving  the  truth  of  the 
above  statement,  but  it  availed  him  nothing. 

As  we  have  already  shown  the  falsehood  of  this  document 
in  the  Judge's  case,  we  shall  digress  a  little,  to  give  our 

» 


ANDREW    DUNCAN  DUFF. 


301 


readers  further  proof  of  it  in  the  case  of  others.  The  Rev. 
0.  H.  McCarver,  one  of  the  party  mentioned,  preached  to  a 
large  congregation  on  the  day  mentioned,  (to  wit,  the  10th,) 
some  twelve  miles  from  Pinckneyville,  when  the  affidavit 
says,  that  he  was  one  of  the  twenty-five  persons  who  ad- 
dressed the  meeting  at  said  place,  and  even  giving  his  words. 
His  arrest  was  also  a  cruel  act  of  persecution.  He  was  torn 
from  his  family,  friends,  and  home,  ironed  like  a  criminal, 
sent  to  Washington,  and  there  confined  in  a  loathsome  prison 
for  months.  He  was  discharged  without  a  trial,  or  even 
having  any  charge  made  against  him,  further  than  such  as 
was  contained  in  the  Governor's  evidence,  and  upon  which 
he  had  been  arrested. 

The  party  were  started  for  Washington  about  the  1st 
of  September,  and  on  the  3d  were  committed  to  the  Old 
Capitol  Prison,  with  the  exception  of  Judge  Allen,  who,  be- 
ing very  sick,  was  paroled,  and  left  at  the  Kirkwood  House. 
Judge  Duff  was  cruelly  treated,  for  the  first  few  days,  in 
regard  to  eating  and  sleeping.  He  was  at  first  compelled  to 
eat  with  criminal  prisoners,  deserters,  drunken  soldiers,  and 
those  under  court-martial,  at  what  was  called  the  hog-pen,  a 
place  where  several  hundred  prisoners  rushed  at  meal-time 
to  satisfy  the  cravings  of  hunger.  Unable  to  bear  the  stench 
of  the  place,  and  the  sight  of  the  disgusting  mass  of  half- 
putrid  meat,  he  would  grasp  a  piece  of  bread  in  his  hand, 
and  rush  into  the  open  air  to  eat  it.  Subsequently,  through 
the  intercession  of  Superintendent  Wood,  he  was  permitted 
to  associate  himself  with  other  gentlemen,  and  form  a  mess. 
Henceforth  he  fared  much  better. 

While  in  the  prison,  a  fellow-prisoner,  Mr.  Wm.  A.  Harris 
received  a  letter  from  Mr.  B.  G.  Roots,  of  Tamaroa,  where 
the  evidence  on  which  he  had  been  arrested  was  fabricated  by 
his  calumniators.  Mr.  Roots  occupies  a  prominent  position 
in  the  Republican  party  of  Southern  Illinois.  It  was  written 
without  any  solicitation,  or  even  communication,  fron.  Mr. 
Harris.    It  reads  as  follows : 


302 


AMERICAN  BASTILE. 


"Tamaroa,  Illinois,  September  10,  1862 
"  Wm.  A.  Harris,  Esq. : 

"  Dear  Friend :  Believing,  as  I  most  fully  do,  that  you  are 
entirely  innocent  of  any  crime  against  the  Government  of  the 
United  States,  I  earnestly  wish  that  I  could  do  something  to  aid 
you  in  getting  a  trial,  as  I  fully  believe  that  all  that  is  wanting 

to  procure  your  release  is  an  investigation  of  your  case  

1  believe  that  the  only  evidence  against  you  is  an  affidavit  first 
published  in  the  *  Chicago  Tribune.'  ....  But  I  speak  delib- 
erately, and  say  only  what  I  am  ready  to  prove  in  any  court, 
and  before  any  officer  who  will  take  the  testimony  that  I  will 
procure,  when  I  say  that  the  affidavit  contains  so  many  lies, 
wilful,  wicked  lies,  as  shows  fully  that  the  affidavit  is  utterly  un- 
worthy of  belief.  I  say  publicly,  that  if  the  man  who  swore  to 
zhat  affidavit  knew  what  he  swore  to,  that  is,  if  he  knew  what 
statements  were  contained  in  the  affidavit,  he  knew  that  he  was 
swearing  to  a  lie.    Yes,  to  a  host  of  lies."  .... 

We  leave  a  candid  public  to  make  its  own  comments. 

Judge  Duff  was  held  a  prisoner  for  three  months,  sixty 
eight  days  of  which  were  spent  in  the  Old  Capitol.  On  the 
11th  of  November,  1862,  he  was  discharged  without  a  trial, 
or  without  being  before  any  tribunal  to  hear  his  case.  Before 
being  discharged,  he,  together  with  Judge  Mulkey  and 
Messrs.  Mahoney  and  Sheward,  was  required  to  subscribe 
and  swear  to  an  affidavit  that  they  would  not  prosecute  the 
persons  who  caused  their  arrest,  or  the  heads  of  the  Depart- 
ments. 

In  concluding  this  narrative,  we  again  quote  from  the 
Judge,  who  says :  "  Instead  of  regret,  I  feel  a  pride  in  the 
course  I  have  hitherto  pursued,  in  relation  to  the  conduct  of 
the  late  Federal  Administration ;  and  when  I  die,  I  ask  no 
prouder  inscription  on  my  humble  tomb,  than,  4  Andrew  D. 
Duff,  one  of  the  Tyrant's  prisoners  in  the  "Old  Capitol," 
during  the  great  moral  strugg/e  between  freedom  and  despot- 
ism, ;n  1862/ " 


EVASION  OF  COLUMBIA  COUOTY, 
PEKSrSYLYANEA. 


THAT  the  more  distant  reader  may  the  hetter  understand 
the  matter  recorded  in  the  following  pages,  a  short  de- 
scription of  the  place  and  people  is  necessary. 

The  locality  is  the  valley  of  the  Fishing  Creek,  which,  for 
romantic  scenery,  beautiful  landscape,  purity  of  its  waters, 
health  of  its  climate,  and  the  richness  of  its  soil,  is  not  sur- 
passed by  any  of  the  many  valleys  that  abound  in  Central 
Pennsylvania.  It  is  situated  in  Columbia  County,  and  de- 
rives its  name  from  the  stream  that  passes  through  its  entire 
length.  Fishing  Creek  rises  in  the  North  Mountain,  and, 
after  passing  through  the  county  from  north  to  south,  emp- 
ties into  the  Susquehanna  a  short  distance  below  Bloomsburg. 

The  farms  of  the  valley  lie  on  both  sides  of  this  beautiful 
stream;  while  the  valley  itself  is  bounded,  on  either  side, 
by  high  ridges.  Along  the  northern  part  of  the  valley  lie 
four  townships — Sugar-Loaf,  Benton,  Fishing  Creek,  and 
Jackson.  These  townships,  being  the  principal  grounds  of 
operation  during  the  invasion,  demand  this  further  notice: 
Sugar-Loaf  lies  north  along  the  mountain,  and  is  bounded 
on  the  east  by  the  line  of  Luzerne  County;  Benton  lies 
south  of  Sugar-Loaf ;  Fishing  Creek,  south  of  Benton ;  and 
Jackson,  west  of  Sugar-Loaf  and  Benton. 

The  people  are  mostly  farmers,  with  merchants,  mechanics, 
etc.  necessary  in  a  rural  district.  They  are  a  hard-working, 
industrious  people,  and  instead  of  waiting  for  the  crumbs 
that  fall  from  some  lordly  table,  they  carefully  nurse  the 
earth,  and  she  rewards  them  bountifully  for  their  labor. 
They  are  hospitable  and  kind  ;  and  the  weary  and  needy  arc 
never  turned  from  their  doors  empty.  They  contribute  cheer- 
fully and  liberally  for  the  support  of  their  schools,  their  poor, 

803 


304 


AMERICAN  BASTILE. 


their  roads  and  their  churches.  Like  their  own  mountains 
and  the  limpid  ^streams  that  flow  through  them,  they  are  free 
and  independent. 

On  Saturday  evening,  August  13, 1864,  the  quiet  village  of 
Bloomsburg,  the  county  seat  of  Columbia  County,  was  sud- 
denly disturbed  by  the  appearance  on  its  streets  of  eight 
cavalrymen  and  forty  infantry,  with  two  pieces  of  artillery. 
The  town  was  instantly  in  a  state  of  great  excitement.  The 
exultation  of  the  Abolitionists  was  most  intense.  Their  eyes 
sparkled  with  delight,  their  loyal  tongues  were  untied,  and 
threats  against  Democrats  and  Democratic  printing-offices, 
with  statements  that  troops  were  to  scour  the  country,  were 
in  the  mouths  of  loyal-leaguers  and  their  followers.  And  a 
fierce  desire,  on  the  part  of  some  of  them,  to  inaugurate  a 
reign  of  riot  and  bloodshed,  was  painfully  apparent. 

On  Tuesday  morning  following,  Major-General  Couch,  com- 
manding the  Department  of  the  Susquehanna,  (which  in- 
cluded Columbia  County,)  with  two  hundred  and  fifty  more 
troops,  made  his  headquarters  in  Bloomsburg.  On  the  night 
of  the  13th  of  August,  a  report  reached  Stillwater  that  it  was 
their  purpose  to  arrest  the  people,  and  to  burn  and  destroy  as 
they  went.  On  consultation,  it  was  concluded  to  call  a  meet- 
ing the  next  day,  to  consider  the  situation  and  determine 
what  should  be  done.  Accordingly,  runners  were  sent  out  in 
every  direction,  and  on  Sunday  a  large  number  of  persons 
collected  at  the  barn  of  John  Rantz,  in  Benton  township. 
The  most  of  the  men  were  armed,  and  some  of  them  advised 
opposition ;  but  better  counsel  prevailing,  it  was  concluded  to 
remain  quiet,  unless  the  troops  commenced  aggression ;  in 
that  case,  they  resolved  to  defend  themselves  as  best  they 
could.  The  non-reporting  men  who  had  been  drafted,  formed 
themselves  into  squads,  and  sought  refuge  in  different  places, 
to  await  the  result  of  the  coming  of  the  soldiers. 

On  Sunday  morning,  August  21,  the  troops  at  Blooms- 
burg struck  their  tents,  and  took  up  the  line  of  march  for 
the  seat  of  the  "  Fishing  Creek  Rebellion."  Toward  evening, 
they  reached  the  point  where  the  main  road  crosses  the 


INVASION   OF   COLUMBIA,    PENNA.  305 

creek  at  Stucker's  Bottom.  Here  they  encamped  for  the 
night,  and  on  Monday  the  inhabitants  were  greeted  with  the 
novel  spectacle  of  armed  men  marching  in  hostile  array 
through  their  hitherto  quiet  valley.  Yet,  the  array  was  not 
very  terrible  in  appearance,  though  there  were  infantry, 
cavalry,  and  artillery,  five  hundred  strong.  Unmolested,  they 
continued  their  march  to  Appleman's  Bottom,  near  Benton, 
where  they  encamped.  On  the  following  Sunday,  their  num- 
ber was  increased  to  a  thousand  men.  The  citizens  of  the 
valley  now  enjoyed  the  sight  (many  of  them  for  the  first 
time)  of  a  military  camp.  Here,  the  people  flocked  to  hear 
the  fife  and  drum,  and  to  witness  the  manoeuvres  of  dresi 
parade.  The  morning  reveille  awoke  the  sleeping  echoes  of 
the  surrounding  hills,  and  the  bugle  enlivened  the  evening 
with  its  stirring  notes.  Trains  of  baggage- wagons,  moving 
up  and  down  the  creek-road  every  day,  and  squad*  of  men  in 
uniform,  either  on  foot  or  on  horse,  travelling  in  aii  direc- 
tions, presented  to  the  ear  and  eye  of  the  people,  so  unaccus- 
tomed to  such  things,  scenes  that  kept  them  continually  in  a 
state  of  pleasant  excitement.  So  harmless  did  the  soldiers 
appear,  and  so  peaceful  were  the  intentions  of  the  people,  that 
a  mutual  acquaintance  and  friendship  sprang  up  between 
them ;  and  the  former  enjoyed  the  kindness  of  the  latter,  in 
the  form  of  baskets  well  filled  with  the  most  substantial  pro- 
visions. Though  the  Republicans  knew  of  the  raiding  party, 
and  had  stated,  in  a  few  instances,  the  object  of  its  coming, 
yet,  having  been  in  the  neighborhood  some  time  without 
making  any  demonstration  that  led  to  distrust,  the  people 
were  lulled  into  .security.  It  is  true,  that  some  had  got  an 
inkling  of  what  was  going  on,  and  left  their  homes  and 
remained  in  the  woods  all  night,  only  to  run  into  the  snare 
that  was  laid  for  them  as  they  returned  to  their  homes  in 
the  morning. 

Some  time  during  the  night  of  the  30th  of  August,  a  num- 
ber ol  squads  were  detailed,  and  each  one  placed  under  its 
appointed  leader.    The  utmost  secrecy  was  enjoined,  and 
instructions  given  them  to  halt  and  retain  any  person  they 
20 


306 


AMERICAN  BASTILE. 


met  otj  the  road,  to  surround  each  house,  and  guard  it  until 
daylight,  and  then  to  arrest  every  man  and  well-grown  hey 
that  should  be  found.  These  squads  took  different  direc- 
tions :  one  portion  of  them  taking  the  main  road  down  the 
creek,  dividing  off  at  each  cross-road,  until  they  reached 
nearly  every  house  as  far  down  as  Stillwater,  a  distance  of 
four  mile3.  Another  portion  proceeded  up  the  main  road, 
and  so  dividing  off  at  each  cross-road,  as  before,  until  they 
extended  their  guards  into  Sugar-Loaf  and  Jackson.  Ano- 
ther squad  advanced  as  far  as  Cambria  and  Columbus,  near 
the  line,  in  Luzerne  County.  Such  was  the  secrecy  of  their 
movements,  that  the  people  knew  not  of  their  coming  until 
they  found  themselves  surrounded.  As  many  of  these  houses 
ie  off  from  the  main  roads,  and  some  of  them  in  obscure 
places,  the  question  arises,  How  did  the  soldiers  know  where 
to  go  ?  or  who  piloted  them  to  their  destinations  ? 

Let  the  Republicans  of  Benton  hang  their  heads  with 
shame,  whenever  these  questions  are  asked ;  for  each  one  of 
them  knows  best  to  what  house  he  led  the  way,  and  well 
knew,  also,  the  object  of  the  search.  In  some  instances, 
relatives  were  reported  by  relatives  ;  thus  fulfilling  the  Scrip- 
ture —  for  prophecy,  as  well  as  history,  often  repeats  itself — 
"  A  man's  enemies  shall  be  those  of  his  own  household. " 

But  the  night  of  fearful  apprehension  to  the  inhabitants 
of  these  mountain  homes  was  drawing  to  a  close.  The  gray 
light  of  the  morning  began  to  creep  along  the  eastern  hills, 
and  day  dawned  to  witness  one  of  the  most  shameful  and 
illegal  n.ilitary  exploits  ever  performed  by  men  calling  them- 
selves guardians  of  American  liberty.  What  a  libel  upon 
the  name  of  freedom !  What  a  prostitution  of  military 
power  !  And  what  a  fearful  demonstration  of  the  danger  of 
an  army  guided  by  political  opinions,  and  pushed  forward  by 
the  force  of  party  spirit !  At  the  approach  of  day,  the  open- 
ing of  each  door  was  demanded,  and  every  man,  found  about 
the  premises,  was  ordered  to  "fall  in,"  without  time,  in  many 
instances,  to  prepare  for  decency  or  comfort.  They  were  aU 
marched  to  the  Benton  Church.    Among  the  number  col 


INVASION    OF    COLUMBIA,   PENNA.  307 

lected,  there  were  a  few  whose  names  were  not  on  the  "  roll 
of  Lonor."  These  were  dismissed,  while  the  remainder  (forty- 
four  in  number)  were  hurried  off  without  food,  save  what 
little  was  brought  to  them  hastily  by  their  friends.  It  was  a 
sad  spectacle,  indeed,  to  the  few  who  were  left  behind,  to  see 
this  mournful  procession  as  it  passed  along.  Here  were  the 
aged,  whose  locks  were  whitened  by  the  frosts  of  threescore 
years,  some  of  them  tottering  on  their  feet  through  illness. 
Here,  also,  were  the  able-bodied  and  the  young,  the  rich  and 
the  poor,  and  those  who  held  high  places  in  life,  all  huddled 
together,  surrounded  by  bayonets,  and  hurried  forward,  like 
cattle  to  the  slaughter-pen,  or  slaves  to  the  galleys.  And 
this,  in  that  beautifully  secluded  valley,  where  the  rippling 
waters  dance  to  the  music  of  freedom,  and  where  the  mur- 
mur of  the  gentle  breeze  seemed  to  rebuke  the  spirit  of  the 
tyrant.  And  this,  too,  in  the  United  States  of  America  — 
the  boasted  home  of  the  oppressed  of  all  the  earth  —  a  nation 
of  the  freest  people  on  the  globe,  whose  star-spangled  banner 
is  a  respected  passport  to  every  harbor  in  the  world,  and  a 
pledge  of  protection  to  every  child  at  home. 

But  on  move  the  tyrant's  minions,  driving  forward  their 
victims  to  their  filthy  destination.  Greatly  to  the  disap- 
pointment of  the  prisoners,  instead  of  stopping  at  Blooms- 
burg,  they  were  hurried  to  the  cars,  and  conveyed  to  Phila- 
delphia, and  thence,  on  the  afternoon  of  the  same  day,  to 
Fort  Mifllin. 

One  thing,  observable  on  this  march,  was  the  unnecessary 
cruelty  practised  toward  them.  Some  of  them  were  arrested 
and  taken  from  their  homes  without  breakfast,  and  all  of 
them  were  conveyed  the  whole  distance  to  Philadelphia,  and 
kept  until  the  next  day,  before  any  food  was  furnished  them. 
In  addition  to  this,  they  were  marched  and  countermarched 
through  the  streets  of  the  city,  up  one  street  and  down 
another,  footsore,  hungry,  some  of  them  sick,  and  all  worn 
out,  until  old  men  wept  like  children,  and  young  men  cursed 
the  perpetrators  of  so  foul  a  wrong. 

Fort  Mifflin  is  located  on  the  Delaware  River,  six  miles 


308 


AMERICAN  BASTILE. 


from  Philadelphia.  It  was  built  to  protect  the  interests  of 
that  great  city  from  the  invasion  of  a  foreign  foe ;  but,  like 
most  of  our  northern  Forts,  during  the  late  war,  it  was  pros 
tituted  to  the  uses  of  a  political  prison.  Its  situation  is  most 
unhealthy,  and  its  internal  arrangements,  as  a  prison,  of  the 
most  shocking  character.  The  particular  part  of  the  Fort, 
into  which  these  unoffending  citizens  of  Columbia  County 
were  thrust,  was  bombproof  No.  3,  the  dimensions  of  which 
are  given  in  the  sworn  statement  of  Mr.  Wm.  Appleman,  as 
follows : 

"  We  arrived  in  Philadelphia  at  eight  or  nine  o'clock  iu 
the  morning,  (September  1,)  and  were  taken  to  the  Barracks 
at  Fifth  and  Butt  on  wood  Streets.  Here,  at  noon,  we  ob- 
tained something  to  eat,  tincups  of  soup,  and  some  bread  and 
meat,  which  was  the  first  food  furnished  us  from  the  time 
of  our  arrest.  At  the  Benton  Church,  some  eatables  were 
sent  to  us  from  the  house  of  John  J.  Stiles,  by  his  direction, 
(he  being  one  of  the  prisoners,)  which  was  all  we  had  had. 
Myself  and  sons  were  taken  from  home  before  breakfast.  On 
the  afternoon  of  the  same  day,  we  were  taken  to  Fort  Mifllin, 
and  put  in  bombproof  No.  3.  This  bombproof  is  partly 
below  the  level  of  the  river,  is  arched  overhead,  and  has 
thick  walls  of  stone  and  brick.  By  stepping  it,  we  made  its 
width  to  be  nineteen  feet,  and  its  length  fifty-four  feet.  This 
was  the  space  allotted  to  the  prisoners,  forty-four  in  number. 
One  of  the  original  prisoners  had  been  discharged  before  we 
arrived  at  the  Fort,  on  the  ground  that  he  had  been  arrested 
by  mistake 

"  Air  and  light  were  imperfectly  admitted  on  one  side,  and 
at  one  end  of  the  bombproof,  through  openings  in  the  wall, 
perhaps  a  dozen  in  number.  The  main  ones  may  have  been 
four  inches  wide  by  a  foot  in  height  on  the  outside,  widen- 
ing toward  the  interior.  The  floor  was  of  hard  earth  or 
gravel,  and  firm.  On  the  sides,  scantling  was  laid  on  the 
ground,  lengthwise  of  the  room ;  and  across  these,  boards 
were  placed.  Again,  at  the  ends  of  the  boards  next  the  wall, 
short  pieces  of  scantling  or  blocks  were  laid  at  intervals,  end- 


INVASION    OF    COLUMBIA,    PENNA.  309 

wise  to  the  walls,  across  which  boards  were  placed,  forming 
a  narrow  platform  along  the  walls  a  few  inches  high.  This 
constituted  a  substitute  for  pillows,  the  lower  and  wider 
platform  answering  the  purpose  of  a  bed,  A  single  soldier's 
blanket  was  furnished  to  each  man,  but  no  bedding  —  not 
e  7en  a  little  straw.  The  room  was  very  damp  and  wet  at 
times ;  the  water  came  through  the  arch  overhead,  from  the 
earth  upon  it,  dropping  down  in  the  part  farthest  from  the 
fire.  To  check  this  dampness,  it  was  necessary  to  have  a 
lire  constantly  in  the  grate  at  one  end  of  the  room ;  but  this 
was  not  sufficient,  although  attended  night  and  day.  The 
fire  was  also  useful  to  some  extent  in  procuring  ventilation ; 
and  from  the  chilliness  of  the  room  it  was  required  for  com- 
fort, even  in  September. 

"  Our  prison  fare  was  as  follows :  To  each  a  loaf  of  baker's 
bread  for  the  day,  one  slice  of  boiled  pork  or  beef  at  noon, 
and  a  tin  of  coffee  morning  and  night.  Sometimes  one  tin 
of  bean  or  pea  soup  was  substituted  at  dinner  for  the  slice 
of  meat.  On  three  or  four  occasions,  we  drew  potatoes,  boiled 
in  the  skins,  instead  of  soup,  at  dinner.  Several  times  the 
meat  was  not  good,  and  five  or  six  times  there  was  none  fur- 
nished. The  prisoners,  however,  purchased  provisions  for 
themselves,  to  some  extent,  at  enormous  rates.  The  expense 
incurred  in  this  way  was  very  considerable  during  the  time 
I  remained  in  confinement.  Half  of  a  single  candle  was  fur- 
nished at  night  for  the  whole  room,  so  we  were  obliged  to 
furnish  lights  at  onr  own  expense.  We  were  supplied  with 
a  filth-tub,  made  by  sawing  a  barrel  across  the  middle,  and 
standing  upright  on  the  closed  end.  A  stick  was  run  across 
it,  through  holes  bored  a  little  way  below  the  top,  and  thus 
provision  was  made  for  its  being  carried  by  two  men.  It  had 
no  cover.  For  about  three  weeks  it  stood  in  the  gangway  or 
entrance  passage,  outside  the  door  of  our  prison-room,  during 
the  day-time.  Afterward,  upon  my  application,  we  were 
permitted  to  keep  it  during  the  day  in  an  emrty  room  ad- 
joining the  gangway.  Two  of  the  prisoners  occasionally 
took  it  out  under  guard.    Always  at  night  it  was  necessarily 


310 


AMERICAN  BASTILE. 


kept  in  our  100m,  the  door  being  locked.  This  whole  matter 
was  a  great  grievance. 

"  The  prisoners  were  mostly  over  forty  years  of  age,  and 
accustomed  to  active  employment,  upon  whom  imprisonment 
bore  severely.  About  the  end  of  September,  ¥m.  E.  Rob- 
erts and  John  Yorks  were  taken  sick  with  bowel  complaints, 
and  were  removed  to  the  hospital,  near  the  Fort.  Robertr 
died  about  ten  days  afterward." 

But  we  will  leave  the  prisoners  a  while  in  their  gloomy 
cell  and  return  to  camp.  Having  made  the  foregoing  arrests, 
the  "Army  of  Fishing  Creek"  broke  camp  and  proceeded 
up  the  creek  about  ten  miles,  and  rested  at  the  foot  of  the 
mountain.  The  situation  of  this  encampment,  and  the  object 
of  this  move,  are  stated  by  a  correspondent  of  the  "  Philadel- 
phia Inquirer,"  of  September  6,  1864,  thus : 

"  On  Friday,  we  once  more  took  up  our  line  of  march,  and  are 
now  in  the  mountains.  Our  camp  is  located  in  a  valley  on  the 
east  branch  of  Fishing  Creek.  Mountains  are  all  around  us. 
The  valley  is  barely  wide  enough  for  our  camp,  the  mountains 
on  each  side  rising  almost  perpendicularly  for  over  seven  hundred 
feet.  Of  course,  I  am  not  aware  of  the  information  possessed  at 
headquarters ;  but  from  all  that  I  can  learn,  the  insurgents  are 
encamped  in  a  gorge  in  the  mountains,  where  they  have  intrench- 
ments,  mounting  two  field-pieces.  They  are  said  to  be  from  three 
to  five  hundred  strong,  and  from  their  location,  it  will  be  ex- 
tremely difficult  to  approach  them  with  sufficient  numbers  to 
overcome  their  very  strong  position.  It  is  the  prayer  of  every 
soldier  in  the  command,  that  they  remain  and  give  us  fight.  We 
hardly  have  hopes  of  this  from  the  cowardly  course  they  have 
pursued  up  to  this  time.  Still  they  are  hemmed  in,  and  may  be 
brought  to  bay. 

"The  'Army  of  Fishing  Creek/  commanded  by  General  Cau- 
wulader  in  person,  is  spoiling  for  a  fight,  and  is  praying  that  the 
insurgents  will  give  them  an  opportunity  of  achieving  something 
worthy  of  their  mighty  powers,  and  the  labors  and  expense  of 
a  thousand  men." 

They  had  obtained  one  victory,  but  that  was  bloodless,  as 


INVASION    OF    COLUMBIA,    PENNA.  311 

the  correspondent  elsewhere  remarks  :  "  Ahout  one  hundred 
men  were  quietly  arrested  and  brought  into  camp."  But 
here  was  a  chance  to  show  their  courage  by  stormiug  the 
breastworks  of  nature,  made  stronger  by  the  arts  of  a  force 
of  "  insurgents  from  three  to  five  hundred  strong." 

The  report  had  been  extensively  circulated,  that  a  large  force 
was  strongly  fortified  in  the  mountains.  Some  had  seen  the 
forts,  and  others  had  seen  the  trail  where  the  cannon  had  been 
dragged  up  to  their  positions.  The  object  of  this  encampment, 
was  to  find  and  destroy  these  fortifications,  and  scatter  and 
break  up  the  "Fishing  Creek  Confederacy."  They  reconnoi- 
tred until  they  supposed  they  had  defined  the  position  of  thd 
enemy,  and  then  made  the  necessary  arrangements  for  the 
attack. 

The  result  of  this  grand  movement  is  best  given  in  the 
language  of  John  G.  Freeze,  Esq.,  of  Bloomsburg,  in  a 
speech  at  the  Nob  Mountain  meeting,  in  August,  1864.  He 
said :  "  I  wish  I  could  fairly  describe  to  you  General  Cad- 
walader's  hunt  after  that  'fort  mounting  two  field-pieces.' 
"What  trouble  he  had  to  get  guides  and  scouts,  (there  were 
no  intelligent  contrabands  in  that  country ;)  how  he  sent  a 
squad  of  men  after  my  old  friend,  James  Hess  ;  how,  after  a 
midnight  ride,  he  captured  a  boy,  who  knew  some  other  boy, 
who  knew  where  the  Fort  was  ;  how  that  boy  did  n't  know, 
but  could  show  them  where  there  was  a  boy  who  did ;  and 
how,  at  last,  somebody  was  found  who  undertook  to  fix  the 
spot.  Then  the  Major-General's  scientific  knowledge  of  mili- 
tary matters  came  into  full  exercise  ;  his  strategic  ability  had 
a  foeman  worthy  of  his  fame ;  and  his  thousand  men  were 
divided,  and  located,  and  timed  with  the  utmost  military 
skill  and  precision.  The  grand  4  Army  of  Fishing  Creek,' 
in  three  divisions,  advanced  against  that  lonely  Fort.  After 
clambering  for  half  a  day  over  rocks  and  stones,  through 
briers  and  huckleberry-bushes,  and  finding  three  or  four  old 
bear-traps,  which  my  old  friend,  John  McHenry,  had  set  up 
there,  they  began  to  find  signs  of  a  place  where  somebody 
had  been ;  and  then, '  Look  to  your  arms,  boys,  and  keep  your 


312 


AMERICAN  BASTILE. 


powder  dry.'  And  so,  this  valiant  army  progressed  —  each 
division  coming  up  in  order  and  at  the  proper  time;  when, 
suddenly  surrounding  the  top  of  the  mountain,  they  captured 
a  place  where  some  of  your  boys  and  girls  had  been  having  a 
huckleberry  picnic  ;  and  that  was  all  they  ever  did  find.  No 
Fort,  no  intrenchments,  no  rifle-pits,  no  field-pieces,  no  five 
hundred  men,  no  rebellion,  and  no  nothing.  That  was  the 
eud  of  the  expedition  ;  and  Cadwalader,  like  that  ancient 
King  of  Spain, 

'With  twenty  thousand  men, 
Marched  up  the  hill,  and  then  marched  down  again.' 

•He  was  thoroughly  disgusted  ;  he  came  to  Bloomsburg, 
and,  upon  his  knowledge  and  experience  as  a  military  officer, 
he  pronounced  —  I  use  his  own  words — the  whole  thing  a 
farce.  What  then  should  he  have  done?  He  had  arrested 
about  one  hundred  of  our  citizens  ;  he  had  incarcerated  forty- 
four  of  them  in  bombproofs  at  Fort  Mifflin  ;  he  had  satisfied 
himself,  after  a  thorough  search  in  all  directions,  that  the 
Fort  was  moonshine,  and  the  rebellion  4  a  farce  ; '  and  as  an 
honest  man,  as  an  officer  deserving  the  name,  he  should 
have  made  it  a  personal  matter  to  procure  their  release." 

Thus  ended  this  mighty  movement  to  put  down  the 
•'Fishing  Creek  Rebellion."  And,  nothing  more  left  for 
*hem  to  do  there,  they  returned  down  the  creek,  and  en- 
camped on  Coleman's  farm,  above  Stillwater.  But,  they  were 
not  satisfied  with  their  success  in  this  expedition ;  if  they 
could  not  find  men  fortified  in  the  mountains,  they  could 
find  men  in  their  unfortified  homes.  They,  therefore,  made 
several  other  arrests  of  citizens  of  Sugar-Loaf  township,  but, 
for  some  reason,  soon  released  them. 

The  most  important  arrest  that  they  made,  at  this  time, 
was  that  of  Rev.  A.  R.  Rutan,  of  Fairmount,  Luzerne 
County.  We  here  give,  in  his  own  words,  a  statement  from 
Mr.  Rutan  : 

"  I  was  born  in  New  Jersey,  and,  when  nineteen  years  old, 
came  to  Luzerne  County,  in  this  State,  where  I  now  reside. 
L  have  tiied  to  preach  the  Gospel  of  peace  for  twenty  years, 


INVASION    OF  COLUMBIA,    PENNA.  313 


and  I  have  always  tried  to  practise  what  I  preached,  and  to 
be  a  law-abiding  citizen.  But  to  my  great  surprise,  on  the 
31st  of  August,  1864,  three  soldiers  came  to  my  house  and 
arrested  me.  They  said,  Colonel  Steward  wished  to  see  me 
at  Benton,  to  make  some  inquiries  of  me  about  things 
around  there  ;  and  they  said  I  must  go  —  their  orders  were  to 
arrest  me,  and  bring  me  without  delay.  I  was  taken  to 
Benton  that  night,  about  ten  o'clock.  I  was  then  permitted 
to  go  where  I  pleased,  until  the  next  day,  about  one  o'clock, 
when  I  was  put  under  arrest  until  dark.  Then,  I  went  with 
Colonel  Steward  to  see  General  Cadwalader,  and  was  released 
on  a  verbal  parole  of  honor,  that  I  would  give  bail  to  appear 
at  court  when  called  for.  I  went  home  and  remained  there 
until  the  evening  before  the  October  election,  when  six 
drunken  soldiers  came  to  my  residence,  at  a  late  hour  of  the 
night,  and  commanded  me  to  open  my  door,  or  they  would 
break  it  open.  I  opened  the  door.  They  came  roughly  in, 
and  said  they  had  come  to  arrest  me,  and  that  I  must  go 
immediately  with  them.  I  asked  for  their  authority,  but 
they  gave  me  no  satisfaction.  They  compelled  J.  W.  Steel 
to  drive  my  team  to  camp.  I  was  taken  to  the  camp  near 
Coleman's  —  was  kept  there  two  nights,  sleeping  on  the 
ground.  I  was  then  taken  to  Bloomsburg,  and  was  there 
one  night  and  one  day,  and  permitted  to  go  where  I  pleased, 
without  a  guard.  I  spent  the  most  of  that  day  at  C.  S. 
Fisher's.  I  was  then  taken  to  Harrisburg,  before  Judge 
Advocate  Wessels,  and  from  him  received  another  verbal 
parole,  by  promising  to  tell  what  I  knew  about  a  meeting 
near  Benton,  when  Mr.  Hadley  preached.  Mr.  Wessels 
wished  me  to  write  what  I  knew  of  this  meeting,  and  I 
agreed  to  write  ;  but  before  I  had  written,  Samuel  J.  Pealer 
came  to  see  me,  and  made  arrangements  with  me  to  clear  me 
from  all  further  trouble  with  the  military,  or  the  Govern- 
ment .  as  he  called  it.  /  was  to  give  him  sixty-Jive  dollars,  a 
Devonshire  heifer,  and  a  fine  dog,  which  he  said  would  clear 
me  of  all,  and  there  would  be  no  more  arrests  made  on  me, 
and  there  would  be  no  soldiers  troubling  my  family  by 


314 


AMERICAN    B  A  S  T  I  L  £. 


coming  after  me.  But  in  less  than  one  week,  three  soldiers 
came  in  the  night,  ordered  me  to  open  the  door,  and  said  I 
was  their  prisoner.  I  was  again  taken  to  Harrisburg,  where 
I  was  interrogated  about  the  disloyalty  of  different  men,  of 
whom  I  knew  nothing  wrong.  I  was  kept  in  prison  until 
about  the  last  of  November,  when  I  had  some  kind  of  a  trial. 
About  four  weeks  after  my  trial  I  was  taken  to  Fort  Mifflin, 
and  confined  there  until  March  1,  1865.  During  my  im- 
prisonment, my  family  had  to  suffer  many  deprivations.  I 
lost  nearly  all  my  crops.  My  loss  was  not  less  than  six  hun- 
dred dollars,  besides  all  the  suffering  of  my  family  and 
myself." 

Such  is  the  modest  statement  of  this  respected  clergyman. 
And,  however  humble  his  position  as  such,  it  shows,  that 
no  class  was  free  from  the  cruel  grasp  of  military  power. 
While  the  farmer  was  dragged  from  his  plough,  the  mechanic 
from  hi*  shop,  and  the  merchant  from  his  counter,  the 
minister  of  the  Gospel  of  peace,  also,  was  torn  from  his 
family,  and  the  flocks  of  his  charge,  and  thrust  into  a  filthy 
prison,  for  daring  to  speak  in  opposition  to  the  reign  of 
terror. 

After  the  prisoners  had  been  taken  away,  there  was  scarcely 
a  man  left  at  home :  they  either  fled  from  the  neighborhood, 
or  kept  out  of  the  way  in  the  daytime,  and  slept  in  the  woods 
at  night.  Old  men  of  more  than  threescore  years,  who  had 
ever  been  good  and  peaceful  citizens,  and  had  labored  hard 
to  secure  homes  for  their  old  days,  were  not  willing  to  lie 
down  upon  their  own  beds  in  their  own  houses,  for  fear  they 
would  be  gobbled  up  by  these  military  cormorants. 

Let  us  now  return  to  Fort  Mifflin,  and  look  in  upon  the 
prisoners.  Shut  up  for  days  together  in  that  dark,  damp 
place,  with  its  foul  air  and  stinking  water,  with  its  scanty 
and  sometimes  unwholesome  fare,  is  it  surprising  that  the 
health  of  many  began  to  fail?  Some  of  them  bectme  so 
dangerously  ill,  that  it  was  necessary  to  remove  them  to  the 
hospital.  Among  these  was  William  E.  Roberts,  who  never 
returned  —  he  died  on  the  sixth  day  Df  October,  1864.  His 


INVASION    OF    COLUMBIA,    PENNA,  3l5 


friends  were  permitted  to  take  charge  of  the  body,  and  convey 
it  to  his  home.  He  lies  in  the  cemetery  in  Jackson  Town- 
ship, near  the  Union  Church ;  and  his  grave  will  be  long 
pointed  out  as  that  of  one  of  whom  it  may  be  truthfully  said, 
"They  have  murdered  him." 

"Sleep  on,  old  friend,  thy  sleep  is  dreamless, 
No  midnight  raids  disturb  thee  now  ; 
To  thee  the  Tyrant's  shafts  are  aimless, 
He 's  struck  his  last,  though  fatal  blow. 

While  guided  by  some  "loyal"  minion, 

They  reached  thy  distant  cabin  door ; 
And  for  thine  honest  heart's  opinion, 

Thee  from  thy  wife  and  children  tore. 

With  tottering  steps  we  saw  thee  going, 

And  marked  thy  walking  in  the  row ; 
Thine  aged  form 't  was  easy  knowing, 

Thy  locks  and  beard  like  fleecy  snow. 

With  cruel  haste  they  urged  thee  onward, 

Yes,  onward  to  the  filthy  goal ; 
From  which  thy  friends  soon  carried  homeward 

Thy  body  emptied  of  its  soul. 

Though  gone,  the  patriot  heart  will  cherish 

Each  recollection  of  thy  name ; 
And  from  the  record  shall  not  perish, 

For  thou  shalt  have  historic  fame. 

We  leave  thee  in  thy  silent  slumber ; 

Our  feeble  pen  can  do  no  more 
Than  mention  thee  among  the  number, 

The  murdered  of  the  forty-four." 

Some  of  the  prisoners  were  released  after  several  weeks' 
confinement,  without  any  trial,  or  without  knowing  why 
they  had  been  arrested.  But  few  of  them  were  ever  tried ; 
and  of  the  whole  number  arrested,  but  seven  were  con- 
victed, and  they  by  a  military  commission,  on  testimony  that 
would  not  have  been  received  in  a  court  of  justice.  Of  the 
seven  men  convicted,  one  paid  his  fine,  one  was  pardoned  by 
President  Lincoln,  and  five  by  President  Johnson. 


316 


AMERICAN  BASTILE. 


List  of  Prisoners. 
The  following  is  a  list  of  the  names,  ages  at  time  of  arrest, 
occupation,  and  length  of  incarceration  of  those  arrested, 
bo  far  as  can  be  obtained : 


Detained. 

No. 

Name. 

Age. 

Occupation. 

Mo. 

1  Days, 

1 

Daniel  McHenry, 

37 

Farmer,  Merch.,  Co.  Tr., 

A 

4 

2 

Elias  G.  McHenry, 

33 

" 

1 

Q 

y 

3 

Joseph  Coleman,* 

68 

M 

J 

1  o 

19 

4 

Mathias  Kline, 

52 

M 

J 

no 

6 

Abraham  Kline, 

M 

OQ 

16 

6 

Samuel  Coleman, 

45 

«< 

r 
1 

no 
16 

7 

Josiah  Coleman, 

41 

It 

15 

8 

Charles  Coleman, 

26 

«< 

oo 

9 

John  Lemons, 

35 

"      and  Painter, 

** 

I  i 

10 

Silas  Benjamin, 

31 

Carpenter, 

16 

11 

Samuel  Appleman, 

46 

Farmer, 

* 

OQ 
16 

12 

William  Appleman, 

61 

"    and  Lumberman, 

* 

22 

13 

Reuben  Appleman, 

25 

•« 

no 
11 

14 

Thomas  Appleman, 

22 

it 

OQ 
16 

15 

James  McHenry, 

44 

Merchant, 

1 1 
11 

16 

Dyer  L.  Chapin, 
Elias  McHenry, 

44 

<« 

2 

17 

47 

Farmer, 

1 

19 

18 

Samuel  Kline, 

19 

John  Rantz, 

60 

M 

o 
o 

11 

20 

William  E.  Roberts,  f 

67 

Carpenter, 

21 

John  Yorks, 

67 

Farmer, 

22 

Henry  Hurliman, 

46 

ii 

A 

4 

n 
9 

23 

George  Hurliman, 

48 

u 

A 

Q 
O 

24 

John  G.  Stiles, 

39 

Innkeeper, 

A 

25 

Hiram  F.  Everett, 

33 

Merchant, 

A 

4 

26 

Scott  E.  Colley, 

62 

Farmer, 

4 

27 

Benjamin  Colley, 

37 

ii 

8 

11 

OQ 

Joseph  Vansickle, 

[County, 

29 

Rohr  McHenry, 

36 

Farmer, Distiller, Com.  of 

2 

30 

John  Karns, 

59 

<< 

1 

23 

31 

John  C.  Karns,J 

23 

<< 

1 

23 

32 

Montgomery  Cole, 

40 

u 

1 

23 

33 

Russel  McHenry, 

26 

ii 

4 

6 

34 

James  Evans, 
Jonathan  Steel, 

64 

ii 

1 

23 

35 

<< 

36 

Henry  J.  Hurliman, 

21 

Carpenter, 

1 

19 

37 

William  Hurliman, 

19 

Farmer, 

1 

23 

88 

Valentine  Fell, 

49 

Blacksmith, 

8 

11 

89 

John  R.  Davis, \ 

68 

Farmer, 

1 

23 

40 

Arwillis  Davis,|| 

20 

Carpenter 

6 

8 

41 

Samuel  McHenry, 

67 

Farmer, 

4 

17 

42 

M.  D.  Appleman, 

26 

Wheelwright, 

1 

23 

43 

John  Baker, 

44 

44       and  Farmer, 

1 

23 

44 

Abraham  Hartman, 

29 

Farmer, 

4 

4 

*  Was  a  soldier  of  the  War  of  1812.  f  Died  at  the  Fort. 

|  Had  been  in  the  service  nine  months.  §  Sick  when  arrested. 

||  Drafted  while  in  the  West,  and  knew  nothing  of  it  until  he  returned  home. 


P.  S.  READER. 


rpiHS  gentleman,  the  victim  of  abused  power,  was  of 
Macoupin  County,  in  the  State  of  Illinois,  where  he 
resided  to  within  a  few  months  of  his  decease,  which  took 
place  in  Texas. 

He  was,  by  occupation,  a  farmer,  and,  by  industry  and 
economy,  had  accumulated  considerable  property.  Having  a 
taste  for  mechanics,  he  built  the  first  mill  in  that  section  of 
the  country,  and  continued,  throughout  life,  to  hold  an  in- 
terest in  it.  Shortly  after  his  settlement  in  Macoupin  County, 
he  was  elected  Justice  of  the  Peace,  which  office  he  retained 
for  twelve  years.  He  was  known  as  an  affable  gentleman 
and  a  liberal-minded  man,  who  took  great  interest  in  the 
educational  and  charitable  institutions  of  his  county  and 
State,  and  to  which  he  contributed  liberally. 

Condemning  as  pernicious  to  the  interests  of  the  country 
the  doctrines  advocated  by  the  Republican  party,  and  as  bit- 
terly averse  to  the  secession  movement,  then  about  taking 
place  in  the  Southern  States,  he  strenuously  urged  compro- 
mise measures  for  healing  the  breach  between  the  North  and 
South ;  although,  when  the  tocsin  of  war  was  sounded  in 
1861,  he  freely  gave  his  sympathies  to  the  Union  cause,  and 
liberally  extended  his  assistance  in  the  raising  of  volunteers 
for  the  defence  of  the  Government. 

In  1862,  the  young  men  of  Chesterfield,  irrespective  of 
party,  incited  by  the  pomp  and  parade  of  war,  undertook  the 
formation  of  a  Home  Guard,  to  which  Mr.  Reader  became 
attached,  and  gave  them,  in  their  organization,  the  benefit 
of  his  former  training  and  experience,  acquired  in  the  Illinois 
militia. 

From  his  connection  with  this  organization,  a  rumor  was 

317 


318 


AMERICAN  BASTILE. 


circulated  that  lie  intended  joining  the  Confederate  Army 
with  from  eight  hundred  to  a  thousand  men,  whom  he  was 
then  arming  and  equipping ;  and  that  a  Confederate  flag  had 
been  raised  in  his  yard.  Knowing  that  these  reports  were 
promulgated  by  his  enemies,  for  the  gratification  of  malice, 
Mr.  Reader  deemed  them  of  too  flimsy  a  nature  to  demand 
attention,  and  passed  them  by  unnoticed.  At  no  time  were 
there  over  fifty  men  in  arms  for  drill,  parade,  or  any  other 
purpose ;  while  the  Stars  and  Stripes  were  floating  from  a 
staff  erected  on  his  premises,  and  had  been  for  months  pre- 
viously, lie  frequently  attended,  and  spoke  at  the  war  meet- 
ings, and  at  one  of  them  opposed  the  enlisting  of  boys  of 
Buch  tender  years  as  to  be  unable  to  bear  the  fatigue  incident 
to  a  soldier's  life,  and  as  only  calculated  to  impede  the  army, 
and  fill  the  hospitals.  This,  together  with  his  oft-expressed 
desire  for  the  closing  of  the  fratricidal  war  by  compromise, 
was  quickly  construed  into  opposition  to  the  enlistment  of 
volunteers ;  although  in  the  course  of  the  same  remarks  he 
had  expressed  sympathy  and  encouragement  for  the  troops 
then  in  the  field. 

We  have  given  a  somewhat  extended  synopsis  of  Mr.  Rea- 
der's political  actions,  which,  together  with  the  fact,  that  he 
afterward  received  no  trial,  when  in  the  hands  of  the  Govern 
ment,will  enable  the  impartial  reader  to  judge  of  the  cause 
of  his  arrest,  which  took  place  before  sunrise  on  the  morning 
of  August  12, 1862. 

He  was  called  from  his  chamber,  and  afterward  enticed 
from  his  house,  on  pretence  of  meeting  a  young  captain  of 
volunteers,  to  whom  he  had  promised  assistance  in  recruit- 
ing troops.  Having  no  idea  of  arrest,  he  went  out  to  meet 
him,  and  was  immediately  surrounded  by  a  body  of  armed 
men,  and  arrested  without  a  warrant  or  other  legal  author- 
ity, by  the  United  States  Deputy  Marshal,  who  simply  said, 
"You  are  my  prisoner,  sir,  and  must  accompany  me  to 
Springfield,  by  order  of  the  United  States  Marshal." 

Being  undressed  at  the  time,  he  was  permitted,  under 
guard,  to  enter  his  house  and  put  on  the  first  old  coat  and 


P.    S.  READER. 


319 


hat  that  he  could  lay  his  hands  on,  and  these,  together  with 
a  pair  of  shoes,  formed  his  attire.  He  was  then  hurried 
away,  without  heing  allowed  time  to  comfort  his  weeping 
family.  Fearful  of  a  rescue  from  his  indignant  friends,  when 
they  should  hear  of  his  arrest,  his  captors  removed  him 
swiftly  away  to  Carlinville,  and  thence  conveyed  him  to 
"  Camp  Butler,"  near  Springfield,  on  the  Sangamon  River. 
Arriving  there,  he  was  placed  in  a  filthy  harrack,  and  neither 
permitted  to  have  communication  with  his  family  or  friends, 
nor  to  receive  any  money  or  clothing  from  them.  A  gentle- 
man who  was  acquainted  with  him,  while  on  a  visit  to  the 
camp,  to  see  a  friend,  met  him  clandestinely  and  communi- 
cated his  situation  to  his  family,  who,  thereupon,  sent  him 
money  and  some  necessary  articles  of  clothing,  which  were 
committed  to  the  care  of  an  officer,  and  never  after  heard  of. 
The  commandant  of  the  post  said,  upon  application  heing 
made  to  him  for  their  restoration,  "  that  he  would  make  no 
inquiry  concerning  them,"  which  assertion  was  carried  out 
literally,  as  they  were  never  recovered. 

While  confined  at  "Camp  Butler,"  a  petition,  praying  for 
his  release  from  custody  on  taking  the  oath  of  allegiance  to 
the  United  States,  and  signed  by  over  a  hundred  of  his 
friends  and  neighbors,  was  presented  to  G  overnor  Yates,  who 
refused  to  take  cognizance  of  the  case,  averring  that  it  was 
a  matter  appertaining  to  the  General  Government. 

The  prisoner,  after  remaining  a  fortnight  at  "  Camp  But- 
ler," was  then,  together  with  nine  other  political  prisoners 
from  the  southern  part  of  the  State,  removed  to  Washing- 
ton under  heavy  guard,  with  threats  of  being  handcuffed  in 
case  an  attempt  at  escape  was  made. 

Arriving  in  that  city,  he,  with  some  state  prisoners  from 
Virginia,  was  confined  in  the  "  Old  Capitol,"  receiving  an 
assurance,  that  he  would  be  granted  a  trial  at  some  future 
day. 

Prohibited  from  receiving  any  letters,  or  holding  any  com- 
munication with  his  family,  he  suffered  much  mental  anguish. 
At  this  juncture  his  friends,  of  both  political  parties,  entered 


320 


AMERICAN  BASTILE. 


into  a  bail-bond  of  fifty  thousand  dollars,  which  was  trans- 
mitted to  Washington,  where  it  lay  for  a  short  time,  no 
notice  having  been  taken  of  it,  until  after  the  defeat  of  Gene- 
ral Pope,  and  the  reinstating  of  General  McClellan  in  com- 
mand of  the  Army  of  the  Potomac 

Mr.  Reader  was  then  called  to  the  Judge  Advocate's  office, 
and  required  to  sign  the  bond,  when  he  was  released,  after 
being  incarcerated  for  eight  weeks.  Being  without  means, 
he  was  furnished  with  a  pass  to  Springfield,  Illinois.  Arriv- 
ing there,  and  feeling  keenly  the  injustice  of  his  own  im- 
prisonment, and  being  satisfied  of  the  innocence  of  his  fellow- 
prisoners,  he  made  an  appeal,  in  their  behalf,  to  Major-Gene- 
ral  John  A.  McClernand,  from  whom  he  elicited  the  response 
that,  "  Such  men  as  yourself,  and  Judge  Allen,  deserve  to  be  hung, 
and  you  will  he,  too,  soon,  if  you  are  not  careful."  Being  ex- 
tremely sensitive,  he  was  discouraged  and  disheartened ;  and 
feeling  that  "scorn's  slow,  unmoving  finger"  pointed  toward 
him,  he  returned  to  the  bosom  of  his  family,  and  there,  in 
quiet  and  seclusion,  sought  a  balm  for  his  wounded  spirit ; 
steadfastly  refusing  to  take  any  part  in  politics,  although 
earnestly  solicited  to  do  so  by  his  numerous  friends. 

In  1867,  he  was  attacked  with  inflammatory  rheumatism 
and  scrofula,  diseases  from  which  he  had  previously  suffered, 
but  which  had  evidently  been  aggravated  by  his  confinement. 
He  started  for  Texas  for  the  benefit  of  his  health,  which  had, 
upon  a  previous  occasion,  been  much  improved  by  that  cli- 
mate. As  he  was  getting  ready  to  return  home,  he  was 
seized  with  a  severe  attack  of  typhoid  pneumonia,  and  soon 
found  a  grave,  "a  stranger  in  a  strange  land."  He  had 
neither  friends  nor  relatives  near  him,  to  minister  to  his  com. 
fort,  mitigate  his  sufferings,  or  proffer  him  the  solace  of  re 
ligion. 

"Earth  serenely  now  may  give  her  calm 
To  whom  she  gave  her  anguish." 


THE  OLD  CAPITOL  PRISON: 


Its  History  and  Incidents. 

THE  buildings  known  as  the  Old  Capitol,  but  now  de 
molisbed,  were  not  erected  at  one  time.  The  Old  Capital 
proper,  included  only  the  building  fronting  on  First  Street ; 
that  on  A  Street  adjoining,  and  forming  a  part  of  the  prison, 
was  built  subsequently. 

The  Old  Capitol  Prison,  situated  on  the  corner  of  A  and 
First  Streets,  "Washington,  was  an  old  and  dilapidated  brick 
building,  which  was  erected  in  1817,  to  accommodate  the 
National  Legislature,  the  Capitol  building  having  been  de- 
stroyed by  fire.  It  was  used  for  that  purpose  until  the  Cap- 
itol was  rebuilt,  when  the  additions  and  alterations  were 
made,  and  it  was  fitted  up  for  a  boarding-house,  and  as  such, 
was,  for  many  years,  patronized  by  members  of  Congress 
and  others,  who  visited  the  city  during  the  sessions  of  Con- 
gress, and  whose  daily  attendance  on  the  Legislative  halls 
made  a  contiguous  dwelling  desirable.  It  was  in  this  build- 
ing that  the  Hon.  John  C.  Calhoun  breathed  his  last.  And 
little  did  this  revered  champion  of  liberty,  or  his  compeers, 
who  legislated  within  its  walls,  or  reposed  beneath  its  roof, 
think  that  the  day  would  come,  when  this  building,  within 
3ight  of  the  Capitol  of  the  Nation,  whose  dome  is  sur- 
mounted by  the  Goddess  of  Liberty,  would  be  turned  into  a 
Bastile  and  dungeon  for  the  victims  of  despotism. 

The  building  forms  two  sides  of  a  square.  The  entrance 
on  First  Street  is  under  a  large  arched  window,  which 
admitted  light  to  the  former  Senate  Chamber,  but  which, 
through  its  broken  and  filthy  panes,  permitted  the  winter's 
wind  and  drifting  snow  to  fall  on  the  unhappy  inmates  of 
21  321 


322 


AMERICAN  BASTILE. 


the  infamous  "  room  $o.  16.  On  entering  the  building 
from  First  Street,  a  large  hall  or  passage-way  presents  itself. 
This  was  used  as  an  anteroom,  or  lounging-place  for  th? 
soldiers  who  formed  a  part  of  the  military  guard  of  the 
prison.  On  the  right,  there  were  two  rooms  which  wero 
used  as  offices,  into  which  the  prisoners  were  taken  on  their 
arrival,  questioned,  and  searched  by  one  or  more  officers  of 
the  guard.  In  the  discharge  of  this  and  kindred  duties, 
Lieutenant  Miller,  of  the  10th  New  Jersey  Volunteers,  made 
himself  so  unenviably  notorious  and  tyrannically  officious,  as 
to  merit  and  call  forth  the  unanimous  execrations  of  every 
inmate  of  the  prison,  as  well  as  the  officers,  guards,  and 
negro  attendants,  and  for  which  he  was  promoted  to  the 
office  of  Chief  Jailer  of  the  adjoining  Bastile,  called  "  Duff 
Green's  Row."  The  innermost  of  these  offices  opens  into  a 
hall,  on  which  there  was  one  room  for  prisoners,  which  was 
about  twenty  feet  square,  containing  a  number  of  bunks  or 
sleeping  berths,  like  those  used  on  canal-boats,  but  having 
three  berths,  one  above  another.  These  berths  were  about  three 
feet  wide  and  six  feet  long,  and,  from  constant  use  and  want 
of  cleaning,  were  literally  alive  with  bedbugs  and  other  ver- 
min. Indeed,  this  but  faintly  describes  the  condition  of 
every  room  in  the  building  at  that  time ;  and  the  weary 
hours  of  the  inmates  were  often  industriously  employed  in 
the  disgusting  occupation  of  killing  vermin. 

From  this  hall,  the  principal  stairway  ascends  ;  and  at  the 
end  of,  and  opposite  to,  the  first  flight  of  stairs  was  room  ~Ro. 
19,  for  some  time  used  as  the  private  office  of  the  Superin- 
tendent. Not  a  few  of  our  readers  will  call  to  mind  their 
visits  to  this  inquisitorial  chamber,  for  it  was  there  that 
Detective  Baker  and  Superintendent  Wm.  P.  Wood  held 
their  interviews  with  their  innocent  victims,  and  tortured 
their  harmless,  though  often  fearless,  expressions  into  evi- 
dence against  them !  and,  in  hundreds  of  cases,  this  was  the 
only  evidence  they  possessed,  with  which  they  hoped  to 
criminate  or  intimidate  them  into  tacitly  submitting  to  the 
terms  of  extortion  proposed  as  a  condition  of  their  release. 


OLD    CAPITOL  PRISON. 


323 


Following  up  the  stairs  from  this  room  brought  you  to  the 
principal  floor  of  the  building,  which  was  once  used  by  the 
Senate  and  House  of  Representatives,  but,  latterly,  was 
divided  into  five  large  rooms,  numbered,  respectively,  from 
14  to  18,  of  which  room  ~No.  16  was  the  centre  and  largest. 
These  rooms  strongly  resembled  the  one  already  described, 
being  fitted  with  similar  bunks,  filled  with  filth  of  every 
imaginable  kind,  and  entirely  destitute  of  any  furniture  or 
other  accommodations  indispensable  to  the  humblest  cabin. 
These  rooms,  which  usually  contained  from  eighteen  to 
twenty-five  prisoners  in  each,  were  less  than  thirty  feet 
square ;  and,  with  the  accumulation  of  filth,  the  inevitable 
consequence  of  overcrowding  and  neglect  of  cleanliness,  pre- 
sented a  condition  that  can  better  be  imagined  than  described. 

The  hall  or  vestibule  in  front  of  these  rooms,  and  from 
which  they  all  open,  was  continually  paced  by  a  sentry,  whose 
duty  it  was  not  to  allow  more  than  two  of  the  prisoners,  at 
a  time,  to  leave  their  rooms  for  the  purpose  of  obeying  na- 
ture's calls,  and  on  their  doing  so,  to  shout  to  the  sentry  on 
the  next  landing,  that  "  All  is  right,  "No.  6,"  that  being  the 
number  of  the  post.  Each  sentry  had  a  number  to  his  post, 
and  one  waa  stationed  on  every  landing  in  the  building,  so 
that  the  new  comer  to  that  terrible  dungeon,  in  consequence 
of  the  continued  calls  of  the  sentries,  the  clanking  of  their 
arms,  and  the  changing  of  the  guard  once  in  every  two  hours, 
had  but  little  hope  of  becoming  oblivious  to  his  sorrows,  or 
forgetful  of  his  wrongs,  in  sleep. 

Rooms  No.  14, 15,  and  18  were  usually  filled  with  citizens 
of  Virginia  — farmers  living  within  the  Federal  lines.  And 
many  of  these  were  gentlemen  of  the  highest  respectability, 
education,  and  patriotism ;  some  found  themselves  inmates 
because  they  owned  a  fine  horse  coveted  by  some  shoulder- 
strapped  upstart ;  and  others  had  refused  to  swear  allegiance 
to  a  Government  that  was  then  totally  powerless  to  protect 
their  persons  or  property.  Room  ~No.  17  was  filled  with  of- 
ficers of  the  Federal  service,  many  of  whom  were  ignorant  of 
the  cause  of  their  arrest,  and  some  were  sent  there  because 


324 


AMERICAN  BASTILE. 


Provost  Marshal  Doster  wished  to  coerce  them  into  conipli. 
ance  with  his  mandates,  and  who  proposed  to  release  them  or» 
their  sending  in  an  unconditional  resignation  of  their  posi. 
tions.  In  this  room  was  confined  a  Lieutenant  McClune,  of 
the  135th  Pennsylvania  Volunteers,  whose  offence  consisted 
in  saying  he  disapproved  President  Lincoln's  Emancipation 
Proclamation.  For  this  grave  and  heinous  crime  he  was  in- 
carcerated four  months,  without  a  trial ;  and  finally,  when 
tried,  the  Colonel  (Porter)  of  his  regiment,  who  desired  the 
position  for  a  friend,  was  made  president  of  the  court-martial. 
The  result,  as  might  he  expected,  was  finding  him  guilty, 
and  sentencing  him  to  dismissal  from  the  service,  and  impri- 
sonment, during  the  war,  at  the  Dry  Tortugas. 

Adjoining  this  was  room  No.  16,  famous  alike  for  having 
been  the  quarters  of  the  Western  prisoners  and  for  having 
contained  the  leading  spirits  of  the  prison.  This  room,  like 
the  others,  contained  twenty-one  bunks,  but  few  of  which, 
however,  could  be  used  by  the  occupants,  as  they  were  thickly 
infested  by  vermin.  Here,  at  different  periods,  were  confined 
men  from  almost  every  State  of  the  Union  —  honorable  repre 
sentatives  of  the  learned  professions,  merchants  of  the  high- 
est character  and  standing ;  and  in  fact,  some  from  nearly  alJ 
the  walks  of  life. 

The  reader,  to  form  a  correct  idea  of  the  mess-room,  No. 
16,  must  imagine  he  sees  before  him  a  large  and  desolate- 
looking  apartment,  with  one  large  window  at  the  end, 
opposite  to  that  from  which  he  enters.  In  the  centre,  a 
large  dirty  cylinder  stove.  Around  the  room,  and  against 
its  dirty  walls,  the  whitewash  on  which  was  discolored  with 
age,  and  festooned  with  spiders'  webs,  were  distributed  the 
bunks  already  mentioned,  and  in  addition,  three  or  four  iron 
bedsteads  —  these  bunks,  at  times,  filled  with  boxes,  bags, 
valises,  pots,  pans,  newspapers,  pipes,  cigars,  old  playing 
cards,  empty  bottles,  and  one  or  more  of  every  garment  of 
men's  wear,  indiscriminately  packed  together  in  chaotic  con 
fusion,  with  the  debris  of  the  last  meal,  and  the  materials 
for  tho  next.     Sitting  on  chairs,  benches,  and  impromptu 


OLD    CAPITOL  PRISON. 


325 


contrivances  for  seats,  around  two  dirty  pine  tables,  each 
aoout  five  feet  long,  were  twelve  or  fourteen  gentlemen, 
whose  ages  ranged  from  twenty  to  fifty.  These  formed  the 
mess  of  the  room,  and  were  diligently  discussing  a  ham-bone, 
<>r  a  piece  of  commissary  beef,  which,  from  its  quality,  was 
eommonly  denominated  "  mule." 

When  the  reader  reflects  that  these  gentlemen  were  kid- 
napped from  their  homes,  where  they  were  always  surrounded 
with  the  comforts  and  luxuries  of  civilized  life,  and  for  no 
earth  ij  reason  immured  in  that  filthy  prison-pen,  destitute 
of  evuy  comfort,  cut  off  from  all  correspondence  with  their 
families  or  friends,  and  denied  the  well-known  rights  of  any 
accused  person,  he  will  cease  to  wonder  at  the  wrecks  of 
mind  aiid  body  produced  by  their  incarceration.  Scattered 
around  tlv*  room  in  every  imaginable  attitude,  or  crowding 
to  the  wirv'vow  to  see  the  latest  arrival,  whom,  within  an 
hour,  they  would  greet  as  a  fellow-prisoner  and  sharer  of 
their  privations,  are  seen  the  other  occupants  of  the  room. 
Suddenly,  the  tvhout  of  "  Fresh  fish  "  is  raised,  when  all  rush 
eagerly  to  the  window  to  witness  the  arrival,  under  escort 
of  one  or  mora  detectives,  of  the  last  victim  of  military 
necessity.  Or  it  may  be,  that  the  call  is,  "  A  sympathizer," 
when  with  equal  avidity  the  prisoners  would  press  forward 
to  salute,  or  return  the  friendly  but  furtive  greeting  of  some 
one  of  the  many  ladies  of  Washington,  whose  noble  hearts, 
touched  with  sympathy  at  their  sufferings,  daily  passed  the 
prison  to  give  them  a  cheering  and  kind  look,  which,  though 
harmless,  often  involved  them  in  difficulty ;  for  scarcely  a 
day  passed  that  the  sentry  did  not,  under  orders  of  Lieutenant 
Miller,  or  some  other  aspirant  for  Administration  favor  and 
promotion,  arr&st,  on  the  sidewalk,  or  in  carriages,  ladies 
and  gentlemen  who  dared  to  recognize,  by  look  or  salutation, 
a  relative  or  a  friend,  who  had  the  misfortune  of  incurring 
the  displeasure  of  the  War  Department. 

These  arrests  were  of  daily,  and  sometimes,  hourly  occur- 
rence, and  many  ladies  of  the  highest  respectauility  have  been 
dragged  from  their  carriages  for  saluting  a  relative  at  the 


326 


AMERICAN  BASTILE. 


window  of  this  prison,  taken  into  the  office,  and  for  hours, 
subjected  to  the  insulting  familiarity  and  impudent  question- 
ing of  these  uniformed  plebeians,  who  were  paid  and  pampered 
for  the  protection  of  these  women  whom  they  thus  outraged. 
Nor  was  that  the  only  consequence  of  a  friendly  look  or 
word ;  for  if  the  prisoner  receiving  or  returning  it  could  be 
discovered,  he  was  at  once  locked  up  in  a  dark,  dirty,  narrow 
hole,  which  was  dignified  with  the  name  of  guard-house, 
where  he  was  closely  confined  without  food  or  bed,  until  the 
wrath  of  the  official  was  appeased  by  some  fellow-prisoner,  or 
by  the  soothing  influence  of  a  consideration.  And  those  dis- 
coveries were  not  infrequent ;  for  the  War  Department  secured 
daily  reports  of  all  the  movements  and  conversations  of  the 
prisoners,  by  placing  a  spy  in  each  room,  who,  though  osten- 
sibly a  prisoner,  was  the  paid  informer  of  the  officials.  We 
will  mention  one  marked  instance  of  the  kind  which  occurred 
in  room  No.  16.  A  fellow  named  Corbett,  acting  in  that  capa- 
city, wrote  daily  reports  to  Detective  Baker,  one  of  which 
described  the  indignant  denunciation  by  a  prisoner  of  the 
corruption  of  this  official,  for  which  Baker  had  him  placed 
in  solitary  confinement. 

During  the  half-hour  allowed  for  recreation  to  the  occu- 
pants of  the  large  room  in  the  yard  of  the  prison,  the  spies, 
assuming  the  air  and  bearing  of  injured  victims,  mingled 
freely  with  the  prisoners,  and  obtained  their  confidence,  with 
the  intention  of  betraying  it. 

Ascending  a  short  flight  of  rickety  stairs,  from  the  floor 
on  which  these  large  rooms  were  situated,  you  arrive  at  room 
No.  13,  on  the  third  floor,  which  forms  a  part  of  the  addi- 
tion to  the  Old  Capitol  proper.  It  was  by  rough  measure- 
ment eight  feet  wide  by  fourteen  feet  long,  from  the  door  to 
the  window  facing  the  street  opposite.  The  floor  proper 
extended  over  only  about  ten  feet  of  the  length  of  the  room ; 
a  raised  sort  of  platform  occupied  the  remainder  of  the  space. 
This  platform  extended  across  the  width  of  the  room,  and 
was  elevated  to  a  level  with  the  bottom  of  the  window  facing 
north    The  furniture  of  this  room  consisted  of  a  small  table 


OLD    CAPITOL  PRISON. 


327 


and  two  chairs,  which  had  been  purchased  b}  some  of  tho 
first  occupants  of  the  room,  and  left  there  when  they  were 
discharged.  Beside  these,  there  were  two  bunks  for  sleeping, 
each  one  having  a  place  for  two  occupants,  canal-boat  fashion. 
These  bunks  were  furnished  with  a  tick  each,  having  in  them 
but  a  scanty  quantity  of  old  straw,  which  had  done  service 
ever  since  the  place  had  been  used  as  a  prison.  Each  berth 
was  also  furnished  with  a  dirty  quilt,  and  beside  these,  there 
were  two  small  blankets  in  like  condition,  which  did  service 
for  the  occupants  of  this  room  by  turn.  For  pillows,  a  board 
had  been  mortised  into  the  head  ends  of  the  berths.  This 
room,  witl  four  others  of  unequal  size,  but  of  equally  filthy 
condition,  opening  on  a  corridor,  was  at  times  devoted  to 
prisoners  kept  in  solitary  confinement,  and  cut  off  from  all 
conversation  or  privilege  of  recreation. 

It  was  in  a  room  on  the  second  floor  of  this  part  of  the  prison 
that  the  well-known  Belle  Boyd  was  confined;  and  the  list  of  the 
names  of  the  occupants  written  on  the  walls  vied  in  length 
and  respectability  with  the  registers  of  our  largest  and  best 
hotels.  These  rooms  were  in  the  wing  of  the  building  on  A 
Street,  and  from  the  windows  of  some  of  them  could  be  seen 
the  railroad  depot,  Camp  Sprague,  (afterward  used  as  a  hos- 
pital,) and  the  negro  village  wTith  the  euphonious  name  of 
Swamppoodle.  The  barred  casements  of  the  rooms  were 
constantly  lined  with  the  pallid  and  anxious  faces  of  the 
inmates,  who  gazed  with  envy  on  the  contrabands  enjoying 
that  liberty  of  which  they  were  so  unjustly  deprived.  That 
portion  of  the  building  which  contained  the  rooms  was,  as 
before  stated,  used  for  prisoners  kept  in  close  confinement, 
who  never  breathed  the  fresh  air  of  heaven  but  once  a 
day,  when  they  were  allowed,  under  escort  of  o-  corporal,  to 
visit  the  sink. 

On  the  lower  floor  of  this  building,  which  was  reached  by 
a  dilapidated  and  dangerous  stairway  used  by  the  prisoners, 
(none  of  them  being  allowed  to  use  the  principal  stairway, 
which  was  reserved  for  the  officers,  guards,  and  negroes,! 
were  two  rooms,  one  of  them  running  the  entire  width  of 


328 


AMERICAN  BASTILE. 


the  building  In  this  room  the  Confederate  prisoners  of 
war  were  confined,  but  from  which  they  were  removed,  in 
the  coldest  part  of  December,  1862,  to  an  out-house.  This 
change  was  made  to  accommodate  the  negro  washerwomen, 
who  were  by  far  the  most  important  of  the  prison  inmates. 
From  this  floor  the  visitor  passed  to  the  prison-yard,  about 
one  hundred  feet  square,  one-half  of  which  was  paved  with 
bricks  or  round  stones  ;  the  remainder  was  (in  wet  weather) 
a  quagmire. 

It  was  here,  during  the  summer  months,  that  five  large  Sib- 
ley tents  were  erected,  in  which,  and  on  the  brick  pavement, 
several  hundred  prisoners  of  war  were  huddled  together, 
night  and  day,  for  many  weeks. 

In  a  line  with  that  portion  of  the  prison  last  described, 
there  extended  a  two-storied  wooden  building,  the  upper  part 
of  which  was  used  for  a  hospital,  with  its  steward's  rooms 
and  apothecary  shop.  The  approach  to  it  was  by  a  flight  of 
steps  outside  of  the  building,  at  the  foot  of  which  stood  a 
sentry,  to  prevent  intrusion  by  any  but  the  favored  few  who 
had  succeeded  in  getting  a  whiskey  pass  from  the  Superin- 
tendent. 

This  was  obtained  by  first  procuring  from  the  Surgeon  in 
charge  a  written  permit  to  purchase  and  keep  in  the  hospital 
liquor  for  the  bearer's  use,  which,  on  being  countersigned  by 
the  Superintendent,  allowed  the  fortunate  possessor  to  open 
negotiations  with  Corporal  Brown,  the  sutler  or  commissary 
of  the  prison,  for  the  purchase  of  whiskey ;  and  as  Corporal 
Brown  set  an  exalted  estimate  on  his  time,  and  said,  "He 
never  bought  any  but  the  best,"  the  liquor,  including  the 
sample  taken  out  of  it  in  the  office  for  examination  as  to  its 
quality  by  the  guard,  who,  having  the  health  and  welfare  of 
the  prisoners  at  heart,  jealously  scrutinized  whatever  they 
purchased  for  consumption,  cost  more  than  Imperial  Tokav 
by  the  time  it  reached  the  owner. 

The  hospital  accommodations  were,  with  some  exceptions, 
as  good  as  could  be  expected  in  a  place  conducted  without 
regard  to  system,  unless  it  was  a  system  of  plundering  the 


OLD    CAPITOL  PRISON. 


329 


unfortunate  prisoners,  which  was  done  in  a  hundred  different 
ways.  Conspicuous  among  them  was  the  sale  to  the  prisoners 
of  certain  articles,  such  as  tobacco,  cigars,  matches,  station- 
ery, pies,  cakes,  bread,  cheese,  and  other  edibles,  all  of  them 
of  the  poorest  quality,  but  for  which  a  profit  of  five  hundred 
per  cent,  was  charged  by  Corporal  Brown  or  his  partner,  who 
held  this  lucrative,  if  not  dignified,  office  by  virtue  of  his 
being  a  nephew  of  the  Superintendent.  The  only  opportunity 
afforded  to  make  the  purchases  was  during  recreation,  when 
the  space  in  front  of  the  sutler's  shop  was  crowded  with  the 
eager  throng,  cash  in  hand,  which  they  were  glad,  from  neces- 
sity, to  exchange  for  the  miserable  rubbish  peddled  to  them 
at  ten  times  its  value ;  and,  in  addition,  to  submit  to  the  im 
pertinent  and  obscene  familiarity  of  a  vulgar  puppy,  who 
presumed  on  his  relationship  to  the  Superintendent  to  take 
advantage  of  the  peculiar  position  of  the  prisoners.  The 
scenes  of  daily  occurrence,  in  front  of  this  swindling  shop, 
were  often  decidedly  racy. 

The  friendly  badinage  of  some  of  the  prisoners  as 
they  called  out  their  wants,  (for  an  armed  sentry  prevented 
their  approaching  within  several  yards  of  the  door,)  was 
highly  amusing,  often  witty,  and  but  seldom  personal,  as  the 
quality  of  the  articles,  the  enormity  of  the  charges,  and  the 
childish  tyranny  of  the  ever-changing  prison  rules,  formed 
fruitful  topics  for  the  exercise  of  their  wit  and  repartee, 
while  many  of  the  prisoners  were  thus  engaged.  If  the 
weather  permitted,  others  were  vieing  in  exhibitions  of 
strength  or  agility,  or  seeking  exercise  for  their  limbs, 
weary  with  the  confinement,  by  repeated  marchings  around 
the  narrow  limits  of  the  yard.  To  those  varied  modes  of 
passing  the  coveted  half-hour  for  recreation,  sudden  stop 
would  be  put  by  a  sergeant  calling  out,  "  Time  is  up : 
repair  to  your  rooms ; "  when  they  would  again  return  to 
inhale  the  fetid  and  unwholesome  atmosphere  of  their  over- 
crowded apartments. 

Adjoining  the  sutler's  shop,  and  nearer  the  hospital,  was 
the  mess-room  of  the  prison,  for  the  use  of  those  who  had 


330 


AMERICAN  BASTILE. 


not  the  means  or  the  privilege  of  procuring  their  own  food. 
It  was  a  long,  dimly-lighted  room,  with  a  pine  bench  running 
its  whole  width  and  around  its  walls,  on  which,  at  meal  hours, 
the  prisoners'  food,  consisting  of  half-boiled  beans,  musty 
rice,  and  pork  or  beef  in  a  state  of  semi-putrefaction,  was 
thrown  in  heaps,  from  which  they  helped  themselves,  with- 
out knife,  fork,  or  plate.  The  accumulated  filth  and  grease, 
on  the  floor  and  table,  sent  forth  such  an  odor,  that  many, 
nay,  most  of  them,  on  snatching  a  piece  of  meat  in  one  hand, 
and  bread  in  the  other,  were  obliged  to  go  into  the  open  air 
to  eat  them.  The  total  disregard  of  cleanliness  in  this  hog- 
pen, and  the  fetid  effluvia  from  the  half-cooked  and  decom- 
posing food,  together  with  its  proximity  to  the  hospital, 
must  have  caused  or  hastened  the  many  deaths  that  occurred 
there.  Opposite  to  this,  and  extending  to  the  gate,  was  a 
stone  building,  one  story  high,  which  contained  the  cook- 
house, wash-rooms,  and  the  guard-house,  already  described. 

Behind  this  building,  and  at  the  west  of  the  wood-shed, 
the  sinks  were  situated ;  and  consisted  of  wide  trenches, 
partially  covered  over,  but  open  in  front,  with  long,  wooden 
rails,  on  which  the  eighteen  or  twenty  persons,  using  them, 
were  obliged  to  stand.  The  accumulated  excrement  —  for 
months,  of  several  hundred  men,  many  of  whom  were  suf 
fering  from  diseases  of  the  intestines,  produced  by  these 
sinks  —  sent  forth  an  offensive  effluvium  that  poisoned  the 
atmosphere  of  the  whole  prison,  and  disgusted  the  sickened 
senses  of  its  inmates.  In  front  of  the  cook-house,  and  on  the 
west  side  of  the  yard,  a  wooden  fence  was  placed,  to  divide 
it  from  that  portion  designed  for  the  use  of  the  guards.  At 
the  end  of  this  fence  were  two  other  sinks,  differing  from 
those  described  only  by  being  enclosed.  These  were  reserved 
for  the  officials,  and  a  favored  few  who  were  admitted  by 
card,  which  was  closely  scrutinized  by  the  sentry  in  front 
of  them.  And  any  person  who  approached  them  was  ordered 
to  halt  and  show  his  ticket,  without  which  none  could  enter 
either  of  those  reserved,  though  equally  loathsome,  premises. 
The  negroes  had,  also,  for  their  use,  covered  sinks  ;  as  in  this, 


OLD    CAPITOL  PRISON. 


331 


so  in  every  other  particular,  their  comfort  was  considered  of 
vastly  more  importance  than  that  of  the  prisoners. 

Kunning  along  the  southern  side  of  the  yard,  a  two-story 
wooden  building  was  erected  to  accommodate,  or  rather  con- 
tain, a  portion  of  the  Confederate  prisoners.  Its  interior,  for 
want  of  cleanliness  and  light,  beggars  description.  Adjoin- 
ing it  was  the  gate  opening  into  an  alley-way,  at  which 
were  continually  congregated  a  herd  of  hungry  swine,  wait- 
ing for  the  slush  that  oozed  from  the  prison  yard,  the  daily 
offal  of  several  hundred  men. 

In  December,  1862,  the  President  ordered  the  execution  of 
a  soldier  in  the  prison  yard.  The  gallows  was  erected  in 
front  of  the  Confederate  quarters  last  mentioned,  and  as  vis- 
itors were  expected,  the  entire  prison  received  the  long 
needed  cleansing  and  whitewashing.  For  several  weeks  after 
the  execution,  the  revolting  instrument  of  death  was  left 
standing  in  the  yard  —  as  it  was  said,  to  be  a  terror  to  the 
prisoners.  After  the  elections  in  November,  1862,  the  num- 
ber of  arbitrary  arrests  having  greatly  diminished,  the  con- 
dition of  the  prison  became  somewhat  improved.  This  de- 
scription is  literally  true  in  every  respect ;  and  in  no  other 
city  or  country  would  such  a  nuisance  have  been  tolerated, 
or  allowed  to  pollute  the  atmosphere  by  its  existence. 

On  the  same  street,  in  the  adjoining  block,  a  row  of  houses, 
known  as  "Duff  Green's  Kow,"  was  also  used  as  a  prison,  for 
the  incarceration  of  prisoners  of  state.  Its  condition  and 
management  were  so  like  the  Old  Capitol  as  to  render  unne- 
cessary a  detailed  description  of  it. 

On  the  arrival  of  a  prisoner  at  the  door,  his  presence  was 
announced  by  the  sentinel  who  was  patrolling  the  pavement 
in  front  of  the  building.  He  called  out,  "  Corporal  of  the 
guard,  No.  1."  The  corporal  would  shortly  make  his  appear- 
ance and  take  him  in  charge.  He  was  then  pushed  into  the 
prison,  and  within  its  doors  he  would  find  several  dirty-look- 
ing soldiers  lounging  around,  a  true  type  of  the  establish- 
ment that  was  to  be  his  abode  for  some  weeks,  probably 
months.    He  was  likely  to  be  kept  in  the  anteroom  for  some 


332  AMERICAN  BASTILE. 

time,  if  there  should  be  a  visitor  in  the  inner  room,  and  then 
he  would  be  ushered  into  the  august  presence  of  Lieutenant 
Holmes,  who  was  known  in  the  prison  by  the  sobriquet  of 
"  Bullhead,"  and  must  undergo  an  examination  of  baggage 
and  person,  and  be  duly  registered. 

This  officer,  like  many  other  civilians  who  never  before 
had  any  authority  over  their  fellow-men,  arrogated  to  him- 
self all  the  power,  as  well  as  authority,  which  he  dared  exer- 
cise with  impunity,  over  the  defenceless  victim  intrusted  to 
his  guardian  care.  After  reading  the  commitment  from  the 
orderly,  who  had  brought  it  from  the  office  of  the  Military 
Governor,  Lieutenant  Holmes  would  proceed  to  inquire  of 
the  prisoner  whether  he  had  arms,  liquors,  or  other  contra- 
band goods  ;  and  if  the  reply  was  satisfactory,  he  was  passed 
to  some  one  of  the  rooms  of  the  building  that  the  lieutenant 
might  designate  as  a  proper  receptacle  for  his  person.  If 
the  reply  was  unsatisfactory,  he  would  thrust  his  hand  into 
the  valise,  or  package,  as  the  case  might  be,  and  if  any- 
thing contraband  was  found,  he  would  appropriate  it  to 
himself,  as  was  the  rule  at  Washington. 

Wishing  to  visit  a  friend  confined  in  the  Old  Capitol,  the 
visitor  had  first  to  obtain  a  pass,  and  then,  on  presenting 
himself  at  the  door,  he  would  be  halted  by  the  sentinel,  who 
would  call  lustily  for  the  corporal  of  the  guard.  The  corpo- 
ral, on  making  his  appearance  with  his  musket  at  his  shoulder, 
would  conduct  him  into  the  august  presence  of  the  sergeant 
of  the  guard.  The  sergeant  would  seize  his  musket  and 
enter  an  inner  room  to  announce  his  presence  to  the  lieuten- 
ant. If  that  dignitary  were  disengaged,  he  would  permit  the 
visitor  to  enter,  and  the  sergeant  would  announce  that  per- 
mission accordingly.  As  there  was  only  one  reception-room 
for  the  visitors  of  all  the  prisoners,  and  as  only  one  person 
was  allowed  to  enter  that  at  a  time,  the  visitor  was  com- 
pelled to  await  his  turn  in  the  antechamber.  The  lieu- 
tenant would  then  examine  hi3  pass  inside  and  out,  spell  out 
some  words,  and  guess  at  the  rest,  and  then  inquire  the  name 
of  the  person  Le  wished  to  see,  for  it  was  very  doubtful  if  the 


OLD    CAPITOL  PRISON. 


333 


Military  Governor  could  decipher  the  manuscript.  After 
these  preliminaries,  a  corporal  would  be  directed  to  bring 

down  Mr.  from  room  "No.  — .    In  due  time  the  prisoner 

would  come.  If  the  visitor  expected  to  have  a  private  tete-ct 
tete,  he  would  soon  be  undeceived,  for  the  military  keeper 
would  seat  himself  directly  in  front  of  him,  at  about  three  feet 
distance,  listen  attentively  to  every  word,  watch  every  motion, 
and  see  that  nothing  was  done  to  overthrow  the  Government. 
The  visitor  would  feel  exasperated  at  the  idea  of  having  an 
eavesdropper  and  intermeddler  listening  to  all  that  was  said, 
and  feel,  too,  an  almost  irresistible  impulse  to  insult  him ;  but 
he  would  not  have  long  to  think  on  this  breach  of  courtesy, 
for  presently  he  would  see  the  keeper  place  his  hand  on  his 
watch,  and  call  out,  "  Gentlemen,  time  is  up."  The  fifteen 
minutes  granted  for  an  interview  have  fled.  The  prisoner  is 
motioned  to  his  room,  and  the  visitor  required  to  withdraw. 

Prison  fare  in  the  Old  Capitol  —  and  it  appeared  to  have 
been  much  the  same  in  Forts  Lafayette,  Warren,  McHenry, 
Mifflin,  and  Delaware  —  consisted  of  bread,  (sometimes  good,) 
salt  pork,  and  occasionally  beef.  The  pork  was  of  poor 
quality,  and  was  made  worse  by  being  badly  kept,  and  illy 
cooked.  The  beef  was  such  as  was  seldom  eaten  by  those 
who  had  any  means  of  procuring  better,  and  who  had  the 
permission  to  do  so.  It  had  the  appearance  (when  cooked,  it 
was  generally  fried,)  of  a  piece  of  thick  sole-leather,  steeped 
in  grease,  and  subjected  to  the  heat  of  the  fire,  in  an  iron 
utensil.  Those  who  had  good  teeth  might  masticate  it, 
with  an  effort,  but  even  then  they  could  not  swallow  it. 

Under  these  circumstances,  prisoners  of  state,  and  others 
who  could  afford  it,  clubbed  together  and  formed  messes  in 
their  rooms,  and  by  the  aid  of  Corporal  Brown  in  the  Old 
Capitol,  procured  such  edibles  as  they  could  prevail  on  that 
functionary  to  purchase  for  them.  The  principal  mess  of 
this  kind,  m  the  Old  Capitol,  among  the  prisoners  of  state, 
was  in  room  No.  16.  Each  member  of  the  mess  paid,  when 
called  on  by  the  commissary,  his  portion  of  the  week's  ex 
penses  for  provisions. 


334 


AMERICAN  BASTILE. 


This,  of  course,  did  not  include  tobacco,  cigars,  and  such 
other  luxuries  as  individuals  chose  to  indulge  in.  When 
meats  were  procured,  through  the  gracious  aid  of  Corporal 
Brown,  and  the  permission  of  Superintendent  "Wood,  the 
cooking  was  done  by  one  of  the  contrabands  of  the  establish- 
ment, who  was  always  paid,  of  course,  for  his  services. 
Before  the  formation  of  this  mess,  the  prisoners  of  state  fared 
badly,  and  many  of  them  were  indebted  to  their  families 
and  friends  for  the  wholesome  food  that  was  at  times 
furnished  them.  It  is  just  to  say  of  Superintendent  Wood, 
that  it  was  no  fault  of  his  that  the  prisoners  of  state  fared 
so  badly.  General  Mansfield,  when  Military  Governor  of 
"Washington  City,  gave  orders  that  the  prisoners  should  be 
fed  on  side  pork  and  hard  biscuit  —  the  worst  that  could  be 
procured.  Mr.  Wood  remonstrated  with  the  General  on  this 
order,  saying  that  the  prisoners  were  not  convicts,  that  they 
were  under  no  sentence  of  any  tribunal,  judicial  or  military, 
but  were  merely  held  to  await  a  trial,  and  that  most  of  them 
were  gentlemen  who  were  not  used  to  such  hard  living  as  he 
prescribed. 

"  D — n  them  ! "  was  General  Mansfield's  reply  ;  "  they  are 
all  traitors,  or  they  would  not  be  there  "  —  meaning  the  Old 
Capitol.  "  They  shall  have  nothing  else  but  what  I  have 
ordered  —  that  is  good  enough  for  them." 

Superintendent  Wood  became  indignant  at  this,  and  told 
the  General  to  his  face,  that  "  the  prisoners  were  just  as  good 
men  as  he  was,  and  he'd  be  d — d  if  they  did  not  have  good 
bread,  at  least  while  he  was  Superintendent  of  the  Old 
Capitol."  And  he  made  his  word  good,  for,  on  being  refused 
bread  for  his  prisoners  by  General  Mansfield,  he  engaged  the 
bakers  near  the  prison  to  furnish  all  that  he  needed. 

When  the  Almighty  became  so  provoked  at  the  wicked- 
ness of  the  King  of  Babylon,  that  he  could  not  suffer  him- 
self to  be  outraged  any  longer,  He  wrote  the  mysterious  sen- 
tence of  the  King's  punishment  on  the  wTall  of  his  dining- 
hall.  Whether  it  was  in  imitation  of  this  that  the  Old 
Capitol  prisoners  wrote  their  condemnation  of  Mr.  Lincoln 


OID    CAPITOL  PitlSON. 


335 


and  his  fellow-tyrants  on  the  walls  of  their  prison,  we  cannot 
say,  hut  certain  it  is  that  these  prison  walls  were  almost  liter 
ally  covered  with  sentiments  expressive  of  the  indignation  ©f 
those  who  had  been  deprived  of  their  liberties  and  rights.  It 
was  a  custom  of  the  prisoners  to  write  their  names  in  pencil  on 
the  walls  of  the  first  room  in  which  they  were  incarcerated, 
adding  the  date  of  their  arrest,  the  alleged  cause  of  it,  if  sus- 
pected or  known,  and  then  adding  their  opinions,  sometimes 
in  doggerel,  of  their  rulers.  It  is  easy  to  see  that  by  degrees 
—  a  little  being  added  by  every  new  comer — the  walls  would 
soon  be  covered  with  writing.  This  was  the  case,  and  it  be- 
came so  offensive  that  whitewashing  was  resorted  to,  in  order 
to  destroy  it.  'Nor  was  it  writing  alone  with  which  the  Old 
Capitol  walls  were  disfigured,  speaking  administratively. 
Various  designs  of  flags,  caricatures,  etc.,  were  conspicuously 
displayed  on  them,  some  of  which  laid  considerable  claim 
to  artistic  merit.  As  a  number  of  the  prisoners  were  Con- 
federates, the  devices  on  the  walls  were  generally  such  as  sig- 
nified the  feelings  and  sentiments  of  the  people  of  the  South. 
Rebel  flags,  both  of  the  Southern  States  and  of  the  Confede- 
racy ,  were  profusely  displayed  ;  and  in  one  room  was  a  nearly 
full-bized  figure  of  Stonewall  Jackson  on  his  war  charger. 
Thrown  in  among  Rebel  songs,  sentiments,  and  flags,  a 
Northerner  would  have  a  fling  at  the  Administration,  in 
some  >f  his  sentiments.  "We  here  give  our  readers  two  speci- 
d  lens  tfhich  were  copied  from  the  walls  of  room  ~No.  10 : 

"  In  fancy  free  my  mind  doth  roam 
From  prison  walls  to  distant  home  ; 
No  prison  walls  my  thoughts  can  bound, 

No  tyrant's  power  can  make  me  fear; 
Though  hireling  bayonets  me  surround, 

What  I  was  free,  I  still  am  here. 
I  still  am  free  by  truth  and  right, 
A  prisoner,  not  by  law,  but  might. 
The  victim  of  a  despot's  will, 
I 'm  doomed  a  felon's  place  to  fill : 
I 'm  called  a  traitor,  base  pretence ; 
I  love  my  country,  my  offence 


336 


AMERICAN  BASTILE. 


Country,  once  now  happy  thou, 
But  where  are  all  thy  glories  now  f 
"Where  that  liberty,  thy  boast, 
Where  that  Union,  once  our  toast  T 
Liberty  in  shackles  weeps, 
While  her  avenger  rashly  sleeps. 
Avenger,  sayst  thou  ?    Where  are  they 
Who  once  o'er  this  broad  land  held  sway  ! 
Where  are  the  freemen  who  would  not  brook 
The  rule  of  sceptre,  crown,  or  crook  ? 
Degenerate  they  in  every  state 
Which  made  their  fathers  good  and  great." 

Another  wa8  as  follows : 

AN  APPEAL  TO  FREE  AMERICANS. 

"  Freemen,  ye  sleep  while  the  Nation  is  dying ; 
Arouse  from  your  stupor,  ye  sons  of  the  brave ; 
See,  in  the  Bastiles  your  comrades  are  lying  ; 
Shall  tyranny  trample  them  down  to  the  grave  ? 
No !  you  reply, 
Freemen  will  die, 
Rather  than  one  shall  live  as  a  slave. 

'*  Come,  then,  to  the  rescue,  let  each  one  be  striving 
For  who  shall  be  foremost  in  liberty's  cause  : 
Down  with  the  Bastiles !  see,  the  tyrants  are  flying, 
Who  outraged  their  country,  its  honor  and  laws. 

Victims  of  might, 

Servants  of  right, 
The  tyrants  are  worsted — join  us  in  applause." 

At  the  bottom  of  this  was  signed  the  name  of  the  author, 
so  that  there  could  be  no  mistaking  who  was  the  offender. 
This  was  but  one  of  the  many  evidences  written  on  the  walls, 
and  uttered  in  the  hearing  of  those  whose  duty  it  was  to 
convey  the  information  to  headquarters,  of  the  spirit  which 
still  animated  the  emaciated  bodies  of  those  political  martyrs. 
They  could  be  imprisoned  by  might  —  they  could  be  treated 
<vith  indignity,  without  having  the  physical  strength  to  re- 
sent it  —  they  could  be  almost  starved  to  enforce  submission  ; 
but  it  was  not  in  the  power  (mighty  as  it  became  with  a 


OLD    CAPITOL  PRISON. 


33? 


million  of  armed  men  at  its  back,)  of  the  Administration  to 
shackle  the  spirits  of  freemen. 

On  a  pleasant  Sunday  morning  in  August,  1862,  the  occu- 
pants of  the  prison  were  startled  by  an  extraordinary  excla- 
mation, which  rang  through  every  room  of  the  Eastile :  "  All 
ye  who  want  to  hear  the  Lord  God  preached  according  to 
Jeff  Davis,  go  down  to  the  yard ;  and  all  ye  who  want  to 
hear  the  Lord  God  preached  according  to  Abe  Lincoln,  go 
down  to  No.  16."  Before  the  inmates  had  fully  recovered 
from  their  surprise,  Superintendent  Wood  made  his  appear- 
ance at  the  door  of  No.  13,  repeating  the  invitation  to  its 
inmates  as  he  had  to  those  of  the  other  rooms,  as  he  came 
along.  "  Suppose,"  inquired  one  of  the  prisoners,  "  that  we 
do  not  want  to  hear  the  Lord  God  preached  according  either 
to  Jeff  Davis  or  Abe  Lincoln,  what  then,  Mr.  Wood  ?  "  To 
which  the  accommodating  Superintendent  replied  :  "  Oh,  then, 
you  can  stay  in  your  room." 

Mr.  Wood,  as  the  reader  may  as  well  be  informed,  was  au 
infidel,  or  pretended  to  be  such;  and  was  no  doubt  sincere  in 
his  profession.  It  was  not  so  much  the  respect  he  bore  Jeff 
Davis  or  Abe  Lincoln,  that  he  invited  the  prisoners  to  heai 
the  Lord  God  preached  according  to  either  of  their  standards, 
as  the  utter  disbelief  in  the  Gospel  itself,  and  a  desire  to 
manifest  his  contempt  for  the  word  of  God,  and  pity  for  any 
who  were  so  credulous  as  to  believe  in  it.  And  yet,  with 
all,  he  had  a  good  heart,  when  his  better  feelings  were  not 
thwarted  by  his  prejudices,  and  especially  by  his  partisan 
failings.  When  the  dictates  of  humanity,  and  the  interests 
of  party  conflicted  with  each  other,  the  struggle  for  mastery 
was  often  strong  and  violent.  The  partisan  generally  had 
the  best  of  it  in  the  outset,  but  in  due  time  passion  became 
gratified,  reason  asserted  its  influence,  and  the  finer  feelings 
of  the  heart  took  possession  of  the  man,  and  directed  his 
actions.  Although  none  of  the  prisoners  cared  to  hear  the 
Lord  God  blasphemed  by  a  Jeff  Davis  or  Abe  Lincoln 
preacher,  yet  all  availed  themselves  of  the  opportunity  to 
obtain  an  airing  in  the  yard.  The  preaching,  according  to 
22 


338 


AMERICAN  BASTILE. 


Jeff  Davis,  was  done  by  a  Hard-shell  Baptist,  who  delivered 
a  sensible  discourse  on  the  causes  which  produced  the  then 
existing  difficulties.  He  attributed  the  war  to  the  fanaticism, 
zealotry,  and  bigotry  of  New  England  —  to  her  temperance 
lecturers,  her  tract  distributers,  her  missionary  societies. 
Those,  he  argued,  constituted  one  of  the  exciting  causes  of 
the  war,  as  well  as  Abolitionism.  New  England,  he  said, 
assumed  that  all  the  rest  of  mankind,  and  especially  the 
Southern  States,  were  living  in  ignorance  of  the  knowledge 
of  God,  and  of  the  words  and  works  of  God ;  and  she  felt 
herself  called  on  to  be,  not  only  the  instructress  of  the  world, 
Irat  guardian  of  the  weak,  and  chastiser  of  the  wicked. 
Hence  she  sent  her  lecturers  through  the  country,  declaiming 
against  the  immoralities  of  the  South,  when  it  was  a  statis- 
tical fact  that  there  was  more  immorality  in  herself,  than  in 
any  other  portion  of  the  Union.  She  scattered  her  religious 
tracts  through  the  South,  not  for  the  purpose  of  teaching 
the  reader  how  to  know  and  love  God,  but,  in  a  latent,  in- 
sidious manner,  to  teach  the  slaves  how  to  become  disobe- 
dient and  rebellious  toward  their  masters.  Such  was  the 
conduct  of  New  England,  said  "  the  preacher  according  to 
Jeff  Davis,"  toward  the  South,  and  it  was  such  conduct 
that  resulted  in  provoking  the  South  to  resist  the  injuries 
sought  to  be  inflicted  on  her.  There  was  not  much  Gospel, 
but  a  considerable  amount  of  fact  in  it,  and  the  conclusions 
drawn  by  the  preacher  accorded  with  the  judgment  of  his 
audience.  As  soon  as  the  speaker  had  closed  his  discourse, 
the  Superintendent,  who  liked  neither  the  religious  nor 
political  sentiments  of  the  preacher,  called  his  attention  to 
another  text  of  Scripture,  which  says,  "  I  did  not  come  to 
present  you  with  peace,  but  with  a  sword."  The  sermon  or 
discourse  having  been  founded  on  the  beautiful  hymn  of  the 
angels,  "  Glory  to  God  in  the  highest,  and  peace  on  earth  to 
men  of  good  will."  And  it  was  both  to  show  there  was  a 
contradiction  in  the  word  of  God,  and  to  confound  the 
preacher,  that  his  attention  was  called  to  the  other  text. 
But  the  preacher  was  not  at  all  disconcerted.    On  the  con- 


OLD    CAPITOL  PRISON. 


339 


trary,  he  turned  the  tables  on  the  unbeliever,  and  instrument 
of  arbitrary  power,  showing  him  that  the  sword  Christ  re- 
ferred to,  was  the  word  of  God,  which  he  was  using  with 
effect,  on  just  such  persons  as  he  and  those  in  whose  employ 
he  was.  His  audience  approved  of  the  castigation  of  the 
Superintendent,  and  could  scarcely  refrain  from  applauding 
him.  Thus  ended  the  "  preaching  of  the  Lord  God,  accord- 
ing to  Jeff  Davis,"  on  that  Sunday.  "  The  preaching  of  the 
Gospel,  according  to  Abe  Lincoln,"  was  done  by  an  Aboli- 
tionist named  Spears,  and  his  wife.  Spears  very  charitably 
and  disinterestedly  (he  was  looking  after  a  chaplaincy,  which 
he  soon  after  secured,)  volunteered  his  Sunday  services  to 
carry  the  glad  tidings  of  the  Gospel,  according  to  the  fashion 
of  the  day,  to  the  inmates  of  the  Old  Capitol. 

He  was  accompanied  by  his  wife  —  one  of  those  lank,  skinny, 
cadaverous  she-males,  to  which  nature  in  some  of  her  freakB 
or  blunders  gave  the  sex  of  woman.  Mrs.  Spears  not  only 
spoke  through  her  nose,  as  most  of  her  kind  do,  but  when 
she  did  speak,  she  put  a  finger  to  that  organ,  as  if  to  make 
her  nasal  twang  more  perfect  in  her  estimation,  and  more 
disagreeable  to  her  hearers.  She,  of  course,  spoke  first,  and 
it  was  with  some  difficulty  that  her  audience  refrained  from 
a  burst  of  laughter,  so  ludicrous  was  her  tout  ensemble,  and  so 
impudently  presumptuous  was  her  address.  She  spoke  but 
a  few  minutes,  being  satisfied,  no  doubt,  that  her  efforts  were 
not  appreciated.  It  was  then  the  turn  of  her  spouse,  who 
was  an  excellent  match  for  her  in  every  respect.  He  was  an 
Abolitionist  and  a  preacher  on  the  same  principle  that  one 
is  a  shoemaker  or  other  tradesman  —  it  paid.  And,  although 
but  a  very  indifferent  exponent  of  either  Abolitionism  or 
"  the  Gospel,  according  to  Abe  Lincoln,"  he  made  up  in  pre- 
sumption what  he  lacked  in  ability.  His  sermon,  if  such  a 
farrago  of  cant  and  nonsense  as  he  uttered  could  be  so  called, 
was  a  mixture  of  scriptural  quotations,  jumbled  together  with- 
out application,  and  of  suggestions  to  the  prisoners  that  there 
was  hope  even  for  them  in  the  kingdom  of  Christ.  The 
hypocritical  knave !  just  as  if  the  meanest  person  confined 


340 


AMERICAN  BASTILE. 


there  was  not  an  angel  of  light  compared  to  him,  who  had 
volunteered  to  give  spiritual  comfort  to  the  inmates  of  the 
Bastile,  only  that  attention  might  he  attracted  to  his  disin- 
terested services,  (?)  and  that  he  might  he  rewarded  with 
-what  he  was  seeking  to  obtain  —  a  chaplaincy  in  one  of  the 
city  hospitals. 

As  there  were  no  guards  in  No.  10,  considerable  "  skylark- 
ing "  was  indulged  in  by  the  prisoners,  in  their  endeavor  to 
while  away  the  lonely  and  wearisome  hours  of  their  im- 
prisonment; and  it  was  on  such  occasions  that  the  dance, 
of  which  we  are  about  to  give  an  account,  occurred.  Being 
unable  to  sleep  for  the  vermin,  Messrs.  Sheward  and  Apple 
proposed  to  Mr.  Crolly  to  have  a  dance. 

Mr.  Crolly  was  an  old  bachelor,  who  had  been  engaged  for 
many  years  as  a  railroad  contractor  in  Virginia.  On  the 
breaking  out  of  the  war,  the  State  of  Virginia  was  largely  in 
his  debt.  It  so  happened  that,  at  the  time  of  the  battles  be- 
fore Richmond,  Mr.  Crolly  was  at  that  place,  endeavoring  to 
procure  a  settlement  of  his  account  with  the  State,  which  he 
had  effected  so  far  as  to  ascertain  how  much  was  due  him, 
but  did  not  get  his  money.  After  obtaining  the  settlement, 
Mr.  Crolly  returned  to  his  home,  in  Western  Virginia,  then  in 
possession  of  the  Federal  army,  and  recognizing  the  authority 
of  the  Federal  Government.  Being  an  industrious  man,  he 
determined  to  turn  his  attention  to  mercantile  business  ;  and, 
for  that  purpose,  visited  Baltimore,  late  in  August,  1862,  to 
purchase  goods.  While  there,  he  fell  in  with  an  Irishman, 
a  countryman  of  his,  who,  it  turned  out,  was  in  the  employ 
of  Baker,  Chief  Detective  of  the  War  Department.  This 
fellow  soon  found  out  that  Crolly  was  a  goose  well  feathered, 
and,  learning  from  hiin  some  of  his  antecedents,  had  him 
arrested  and  taken  before  the  Provost  Marshal  of  Baltimore, 
who,  after  hearing  Mr.  Crolly  make  an  honest  statement  of 
himself,  discharged  him.  But  his  quondam  friend,  the  de- 
tective, determined  that  he  should  not  get  off  in  that  way, 
procured  an  order  from  Washington  for  his  apprehension. 
This  time,  he  was  in  Baker's  clutches,  from  whose  grasp 


OLD    CAPITOL    PRISON.  341 

there  was  no  escape,  but  by  tbe  relaxing  power  of  money. 
So  Orolly  was  tbrust  into  the  Old  Capitol,  and  became  an  in- 
mate of  No.  10,  where,  from  a  fancied  resemblance  to  General 
Jackson,  he  was  called  by  that  name,  and  was  so  known  by 
his  fellow-prisoners. 

Mr  Crolly  was  an  old  man,  of  not  less  than  sixty  years  of 
asje,  but  he  was  as  straight  as  a  shingle,  and  prided  himself 
on  his  many  accomplishments,  among  which  was  that  of 
dancing. 

"  Can  you  dance,  Jackson  ?  "  inquired  Apple,  putting  his 
head  out  of  his  bunk,  on  the  occasion  referred  to. 

u  Huh !  in  faith,  I  can,"  was  the  reply. 

*  What  can  you  dance  ?  "  inquired  the  mischievous  Apple. 

"  Anything  at  all  you  wish,"  replied  Jackson. 

By  this  time,  every  one  in  the  room  was  sitting  up  in  bed^ 
and  a  light  had  been  struck. 

"  Sheward,"  inquired  Apple,  "  can  you  whistle?" 

"  Yes,"  replied  Sheward ;  "  what  do  you  want  me  to  do?" 

"  Jackson,  here,  says  he  can  dance,  and  I  just  want  to  see 
if  he  can.  If  you  will  whistle,  I  '11  beat 4  juber '  for  him,  and 
we  will  see  if  he  is  playing  off  on  us  or  not.  Jackson,"  con- 
tinued Apple,  "  come  down  here,  and  let  us  see  what  you 
can  do." 

Jackson,  when  thus  addressed,  was  in  the  bunk  ovei 
Apple,  and  without  more  ado,  down  he  came,  in  his  night- 
shirt and  drawers,  straightened  himself  up,  and  took  position 
to  begin.  Sheward  whistled,  Apple  beat  "juber,"  Crolly 
danced  with  a  will,  and  the  rest  of  the  crowd  roared  with 
laughter.  Crolly 's  feet  were  applied  to  the  floor  so  vigor 
ously,  that  the  rickety  old  building  fairly  shook,  and  in  a 
few  minutes,  a  crash  was  heard  below. 

"  To  bed  with  you,  you  devil ! "  was  shouted  at  Crolly;  and 
to  bed  he  jumped,  as  nimbly  as  a  youth  of  sixteen.  He  wa% 
Bcarcely  there  before  the  corporal  of  the  guard  made  his  ap- 
pearance at  the  door. 

"  What  the  h — 1  and  d  n  are  you  fellows  doing  ap 

here  ?  "  inquired  the  irritated  corporal. 


342  AMERICAN  BASTILE. 

"  ^Vhy,  what 's  the  matter,  corporal,"  said  one  of  the 
prisoners,  in  a  voice  as  if  he  had  just  been  aroused  from 
sleep. 

"  The  whole  ceiling  under  here  has  just  fallen  down  on  Col 
onel  Kohler,  and  he  is  d — d  near  dead." 

"  How  did  it  happen,  corporal  ?  "  was  the  apparently  anx- 
ious inquiry. 

"  Happen,"  replied  the  corporal,  "  why,  you  fellows  have 
been  making  a  noise  up  here ;  that 's  how  it  happened,  and 
there  '6  the  devil  to  pay." 

"  Corporal,  just  look  here,"  said  one.  "  Do  you  see  this 
man  lying  on  the  floor,"  pointing  at  the  same  time  to  TVar 
ner  Perry,  whose  bedstead  was  the  floor.  "Every  time  he 
rolls  over,  this  house  shakes.  Perry,"  said  he,  addressing 
the  gentleman  on  the  floor,  "  won't  you  roll  over,  to  let  the 
corporal  see  how  it  is  ?  " 

Mr.  Perry,  who  weighed  fifty  pounds  under  or  over  three 
hundred,  gave  a  roll  which  shook  the  building.  "There, 
corporal,"  continued  the  spokesman,  "  if  anything  has  hap- 
pened down  stairs,  it  came  of  leaving  that  man  sleep  on  the 
floor." 

u  D — d  if  I  don't  believe  it 's  so,"  remarked  the  corporal 
and  immediately  left,  satisfied  that  nothing  wrong  had  oc 
curred  in  Xo.  10.  The  occupants  were  in  glee  at  the  decep 
Hon  practised  on  the  corporal,  but  anxious  to  learn  if  any 
harm  had  befallen  Colonel  Kohler.  Their  fears,  however, 
were  allayed  by  his  appearance  among  them  the  following 
morning,  by  special  permission.  His  first  salute  to  them,  on 
entering  the  room,  was  :  "  AVhat  the  devil  were  you  fellows 
about  last  night  ?  "  Seeing  that  he  had  escaped  unhurt,  they 
told  him  the  whole  story^and  he  enjoyed  it  as  much  as  any 
of  them. 

From  him  they  learned  the  extent  of  the  catastrophe.  It 
appears  that  a  large  piece  of  the  ceiling  had  fallen  down,  but 
fortunately  missed  both  the  Colonel  and  a  Major  who  waa 
bis  room-mate. 

About  the  latter  part  of  March,  or  the  first  of  April,  Mr 


OLD    CAPITOL  PRISON. 


343 


Jesse  W  Wharton,  a  young  man  of  about  twenty-six  yeara 
of  age  —  son  of  Dr.  Wharton,  Professor  of  Agricultural 
Chemistry  in  Prince  George  County,  Maryland  —  was  wan- 
tonly murdered  by  Harrison  Baker,  a  member  of  the  91st 
Pennsylvania  Regiment,  then  stationed  as  a  guard  at  the  Old 
Capitol. 

One  of  the  regulations  of  the  prison  was  that  no  one  should 
protrude  his  head  or  limbs  beyond  the  line  of  the  building 
when  looking  from  the  windows.  On  this  unfortunate  occa- 
sion, the  deceased  gentleman  was  standing  at  the  window  of 
room  Xo.  10,  and  was  strictly  within  the  prescribed  limits, 
when  Baker,  the  sentry  in  the  yard,  very  insultingly  ordered 
him  away,  "  or  he  would  blow  his  d — d  head  off."  Mr. 
Wharton,  feeling  indignant,  made  some  rejoinder,  then  turn- 
ing, paced  the  room  several  times,  and  quickly  presented 
himself  at  the  window  again,  with  his  arms  folded  over  his 
breast,  looking  out.  The  sentinel  (Baker)  again,  without 
any  reasonable  provocation,  ordered  him  away  with  a  threat 
Mr.  Wharton,  believing  he  was  not  infringing  any  of  the 
rules,  paid  no  attention  to  the  levelled  musket  in  the  guard's 
hands,  and  kept  his  position  in  the  room,  his  arms  still  folded, 
when  the  sentry,  with  the  most  guilty  thirst  for  the  blood  of 
an  unarmed  prisoner,  confined  without  the  least  chance  of 
escape,  took  deliberate  aim  and  fired  his  piece  :  the  minie 
ball  passing  through  the  hand  of  the  left  arm,  and  the  elbow 
of  the  right,  breaking  the  bone,  and  entering  exactly  at  the 
right  nipple,  passed  out  near  the  spine,  going  through  the 
lungs.  Still  erect,  he  gazed  fixedly  at  his  murderer  a  mo- 
ment, then  began  to  reel  backward,  when  two  of  his  room- 
mates caught  him  in  their  arms  and  lowered  him  to  the  floor. 
ITe  remained  quiet  until  the  doctors  came,  when  he  called  for 
the  Lieutenant  (Mulligan)  commanding  the  post,  and  ho 
having  come,  "Wharton  bid  him  face  him,  when  he  clearly 
and  distinctly,  in  the  presence  of  the  doctors  and  his  fellow- 
prisoners,  accused  Lieutenant  Mulligan  of  having  given  the 
order  to  fire  —  he  having  heard  him  —  and  branded  him  as  his 
murderer ;  calling  upon  him  to  look  upon  a  dying  man,  and 


344 


AMERICAN  BASTILE. 


hear  his  sentence  from  the  chilling  lips  of  his  unoffending 
victim.  Whatever  the  officer  thought,  he  exhibited  no  emo- 
tion, but  the  most  slavish  fear,  and  then  left  the  room  with- 
out a  word,  with  Cain's  brand  upon  him.  The  dying  pris- 
oner lingered  eight  hours  from  the  time  of  his  being  shot, 
(about  11  o'clock  a.m.,)  and  was  attended  by  his  young  wife 
and  two  sisters,  until  his  last  gasp  betokened  him  death's 
prisoner,  and  the  grave  his  next  cell. 

"  Near,  and  more  near 
They  bent,  with  pale  inquiry,  and  close  ear  : 
His  eyes  were  shut — no  motion  —  not  a  breath  — 
The  gentle  sufferer  was  at  peace  in  death." 

Mr.  Wharton  was  formerly  an  officer  in  the  United  States 
regular  service,  noted  for  the  most  undaunted  courage,  and 
a  liberality  of  heart  and  qualities  of  mind  which  had  made 
him  numerous  friends  wherever  he  had  sojourned.  He  re- 
signed his  commission  in  the  Federal  Army,  and  was  conse- 
quently arrested  by  the  Government,  and  confined,  for  fear 
of  his  going  South.  The  sentinel  who  shot  him  was  after- 
ward promoted  —  a  sad  commentary  on  national  honor,  as 
expounded  by  the  Administration  of  Mr.  Lincoln. 

In  the  latter  part  of  May,  the  same  year,  Mr.  Harry  Stew- 
art,  aged  about  twenty-three  years,  and  a  son  of  Dr.  Frederick 
Stewart,  of  Baltimore,  was  shot  by  a  sentinel  belonging  to 
the  86th  Regiment  New  York  Volunteers,  under  the  follow- 
ing circumstances.  Mr.  Stewart  was  a  fine  young  gentleman, 
of  short,  but  robust  stature,  and  of  excellent  qualities,  and 
having  been  to  Richmond,  was  arrested  on  his  return  as  a 
spy.  The  charge  being  a  serious  one,  he  was  anxious  to 
escape,  and  the  sentry  who  shot  him  having  several  times 
committed  himself  by  introducing  such  remarks  as  would 
lead  the  prisoners  to  believe  him  open  for  a  bribe,  Stewart 
managed  to  converse  with  him,  when  the  sentinel  told  him 
positively  that  he  would,  for  fifty  dollars,  connive  at  his 
escape,  and  permit  him  to  pass  from  the  second-story  window 
to  the  pavement  below,  without  molestation.    For  at  least 


OLD    CAPITOL  PRISON. 


345 


a  week  this  plan  was  discussed,  giving  the  guard  ample  time 
to  revoke  his  bargain,  if  he  desired ;  but  he  still  encouraged 
Stewart  in  the  attempt,  and  finally  fixed  the  night  himself, 
be  being  on  guard  from  10  to  12,  and  from  4  to  6  o'clock. 
Mr  Stewart  remained  up  all  night  waiting  the  signal  of  his 
co-operator,  which  occurred  about  4  o'clock  a.  m.,  the  sentinel 
calling  him,  and  saying,  "  now  was  his  time,"  and  to  make 
haste.  Stewart,  trusting  to  the  man's  honesty  of  purpose, 
swung  himself,  by  a  rope,  from  the  window,  and  before  ho 
was  three  feet  below  the  window,  the  sentry  cried  halt !  and 
in  less  than  a  second,  he  fired  his  musket :  the  ball,  penetrat- 
ing the  right  leg  below  the  knee,  and  passing  through  it, 
completely  splintered  the  bone,  and  passed  out  between  the 
knee  and  the  hip  on  the  inside.  His  friends  pulled  him  into 
the  room  again,  and  before  the  proper  applications  could  be 
administered,  great  loss  of  blood  prostrated  the  sufferer 
exceedingly.  About  11  o'clock,  the  prison  surgeon,  Dr. 
Stewart,  car_ie,  when  he  determined  to  amputate  the  leg, 
there  being  no  other  hope.  The  operation  was  performed 
before  the  system  had  rallied  from  the  great  nervous  shock 
sustained,  and  the  loss  of  blood  being  severe,  the  patient 
expired  within  an  hour  of  the  amputation.  Chloroform 
was  administered.  The  fifty  dollars  were  found  in  the  young 
man's  pocket,  wrapped  up  for  the  sentry ;  and  written  on 
the  paper  containing  the  money  was  the  sentence :  "  This  is 
the  money  I  promised  you."  The  bribery  was  clearly  proven, 
the  deliberation  attending  the  attempt  to  murder  was  ap- 
parent, and  proof  that  the  sentry  called  him  was  ready, 
and  yet  the  authorities  did  not  even  punish  the  guilty 
sentinel,  but  actually  put  the  villain  on  guard  afterward. 
The  same  sentinel  deserted,  and  was  brought  back  in  Novem- 
ber to  the  Old  Capitol,  a  prisoner.  He  was  one  of  the  most 
villanous-looking  human  beings  that  ever  had  the  face  and 
head  of  a  man. 

It  frequently  happened  that  prisoners  would  be  brought  in 
at  night.  When  this  was  the  case,  the  scene  presented  to 
the  new  comer's  vision  was  anything  but  prepossessing.  Let 


346 


AMERICAN  BASTILE. 


the  introduction  be  in  No.  16,  for  the  purpose  of  giving  the 
reader  some  idea  of  the  scenes  presented  to  the  prisoner's 
view.  After  passing  through  the  ordeal  of  an  examination 
of  baggage,  etc.,  (if  he  was  so  fortunate  as  to  have  any,)  in 
the  "  Captain's  office,"  he  would  be  accompanied  up  stairs  to 
16,  by  probably  a  Sergeant,  or  Corporal  of  the  guard,  or  pos- 
sibly by  a  Lieutenant.  The  door  of  the  room  was  unlocked 
by  the  sentinel  or  guard,  and  the  light  of  a  candle,  carried 
by  the  officer,  revealed  to  the  inquisitive  eye  of  the  prisoner 
his  future  quarters,  containing,  say,  twenty  persons.  To  the 
right  as  he  entered  were  three  or  four  shakedowns  on  the 
floor,  each  one  occupied  by  a  sleeper.  To  his  left,  and  a  little 
farther  on,  and  with  just  space  enough  to  walk  carefully  be* 
tween  the  sleepers,  were  two  or  three  more  of  the  victimf. 
On  tables  in  the  centre  of  the  room  were  two  others.  Thes.e 
tables  were  used  in  the  daytime  for  eating  on  and  playing 
cards.  At  night,  a  couple  of  straw  ticks  were  laid  on  then  . 
and  they  were  used  by  some  of  the  prisoners  as  beds.  Juit 
beyond  were  the  beds  on  the  floor.  Every  foot,  almost,  of  the 
floor  was  occupied  in  that  way,  while  most  of  the  bunks,  of 
which  there  were  twenty-one,  were  empty. 

The  officer  would  then  hunt  round,  with  the  aid  of  Com- 
missary Brown,  or  his  assistant  Charley,  until  he  found  a 
place  for  the  new  comer  to  lie  down,  when  he  would  leave 
him  to  undergo  a  cross-examination  by  some  of  the  sleepers, 
who  had  been  waked  by  the  noise  and  confusion,  and  who 
would  proceed  to  put  to  him  such  queries  as  the  following : 
"  Stranger,  it  is  the  custom  of  this  place  to  inquire  of  every 
new  comer  his  name,  place  of  residence,  and  for  what  he  was 
sent  here.  In  accordance  with  this  custom,  although  yea 
may  think  the  inquiry  impertinent,  I  now  ask  your  name. 

Stranger  gives  his  name. 

a  Will  you  now  please  to  tell  us  where  you  are  from  ?  " 
Stranger  complies. 

"  The  next  question  we  have  to  put,  and  to  which  we  re* 
quest  an  answer,  is,  what  have  you  done?  or  what  are  yon 
accused  of  having  done? 


OLD    CAPITOL  PRISON. 


347 


This  was  generally  a  poser,  as  not  one  in  a  hundred  knew 
what  the  charge  was  upon  which  he  had  been  arrested.  So 
some  explanation  was  given,  which  generally  led  to  such  a 
conversation  between  the  new  comer  and  the  other  prisoners, 
as  enabled  them  to  form  a  pretty  accurate  opinion  of  the 
character  of  their  new  associate. 

There  are  but  few  circumstances  in  life,  in  which  men 
could  be  placed,  where  their  character  could  be  sooner  esti- 
mated, and  properly  appreciated,  than  in  the  Old  Capitol. 
Nature  in  man  had  more  of  its  influence  in  such  a  place  than 
when  he  was  at  liberty,  his  good  and  ill  qualities  becoming 
apparent  at  once ;  and  it  was  seldom  that  a  proper  estimate 
was  not  made  of  a  man  in  No.  16,  on  his  first  introduction. 
The  stranger  having  answered  the  queries  put  to  him,  if  by 
his  deportment  and  manner  he  had  shown  himself  to  be 
worthy  of  respect,  he  was  asked  if  he  had  had  supper?  or,  if  it 
was  in  the  daytime,  after  the  usual  hours  of  meals,  whether 
he  had  had  breakfast  or  dinner,  as  the  case  might  be.  If  he 
replied  in  the  negative,  Commissary  Sheward  rummaged  his 
larder,  and  generally  produced  some  bread  and  butter,  (the 
latter  purchased  by  the  prisoners  themselves),  and  possibly  a 
portion  of  meat,  of  which  there  was  generally  some  on  hand, 
the  purchase  also  of  the  prisoners,  that  furnished  by  the 
Government  being  seldom  eaten.  This,  and  a  general  intro- 
duction all  round,  concluded  the  initiatory  ceremonies  of  a 
new  prisoner  to  No.  16  ;  and  thenceforward,  the  new  comer 
was  treated  as  a  brother  victim  of  the  despotism  which  then 
reigned  in  Washington.  The  new  comer  was  duly  informed, 
if  he  had  only  swindled  the  Government,  and  especiaPy  of  a 
large  sura,  or  run  the  blockade,  or  done  anything  else  con- 
trary to  law  which  resulted  in  putting  money  in  his  pocket, 
he  was  all  right,  and  would  soon  be  released  —  a  part  of  the 
money  he  had  made  would  do  it;  but  if  he  had  dared  to 
think  and  say  that  his  country's  liberties  were  in  dangei, 
then  God  help  him.  Three  months,  at  least,  would  not  oa 
piate  his  crime 


348 


AMERICAN  BASTILE. 


"Shun  sycophants  of  all  denominations, 
All  clever  fellows  with  the  mark  of  danger  ; 

Shut  close  your  soul  to  all,  and  be  alone." 

The  Administration,  not  content  with  having  deprived  its 
victims  of  their  rights,  and  with  holding  them  writhing  in  its 
tyrannical  grasp,  established  a  system  of  espionage  over  them. 
This  was  done  by  means  of  detectives,  who  ostensibly  appeared 
among  the  other  prisoners,  as  prisoners  of  state.  One  of  these 
detectives,  it  was  understood,  indeed,  one  of  the  officers  of 
the  prison  so  stated,  was  in  every  room  of  the  prison,  and 
that  no  word  could  escape  his  hearing,  and  no  act  his  obser- 
vation. Lieutenant  Miller,  who  appeared  to  be,  for  a  time, 
the  principal  officer  of  the  Old  Capitol,  next  to  Superin- 
tendent Wood,  made  a  boast,  that  there  was  nothing  said  or 
done  in  any  room  of  the  prisons  that  he  was  not  aware  of. 
This  was,  to  some  extent  at  least,  true ;  but  in  spite  of  the 
espionage  of  these  detectives,  the  prisoners  would  and  did 
Lave  communication  with  each  other,  and  once  in  a  while 
with  friends. 

It  is  unnecessary  to  enter  into  a  description  of  a  guard- 
house. It  is  sufficient  to  say  that  it  was  a  place  of  punish- 
ment for  drunken  and  refractory  soldiers.  It  was  used  in  the 
Old  Capitol  for  other  purposes.  A  Confederate  captain  was 
placed  in  the  guard-house,  contrary  to  the  rules  of  war,  by 
Lieutenant  Miller,  who  was  in  command  of  the  guard  at  the 
time.  This  was  in  September,  1862.  But  it  was  not  prison- 
ers of  war  alone,  who  were  subjected  to  the  indignity  of  the 
guard-house.  Prisoners  of  state,  and  other  Federal  prisoners, 
were  subjected  to  this  punishment  on  the  most  frivolous 
grounds. 

A  Mr.  Hopkins,  of  Washington  City,  who  was  arrested  and 
sent  to  the  Old  Capitol  for  selling  liquors  contrary  to  the 
orders  of  Military  Governor  Wads  worth  and  Provost  Mar- 
shal Doster,  was  sent  to  the  guard-house  under  the  following 
circumstances :  Mr.  Hopkins  asked  and  obtained  permission 
to  send  for  some  brandy  for  his  own  use.    The  permission 


OLD    CAPITOL    PRISON.  349 

was  granted,  with  the  condition  that  he  would  place  the 
liquor  in  charge  of  the  hospital  steward,  which  condition 
he  complied  with. 

On  the  following  morning,  after  receiving  his  liquor,  he 
went,  according  to  agreement,  to  get  a  portion  of  it,  when  he 
was  informed  by  the  steward  that  Lieutenant  Miller  had, 
during  the  night,  taken  the  liquor  away,  adding  that  the 
Lieutenant  had  some  brother  officers  for  company,  and  as  he 
presumed  Mr.  Hopkins's  liquor  to  be  of  good  quality,  he  made 
free  to  take  it.  As  might  be  supposed,  this  information  was 
not  very  welcome,  or  pleasing  intelligence  to  Mr.  Hopkins, 
who  left  the  hospital  immediately  to  return  to  his  room. 
On  the  way  through  the  yard,  he  fell  in  with  Lieutenant. 
Miller,  who  bid  Hopkins  good  morning  very  cordially  and 
familiarly.  "  Good  morning,  Lieutenant,"  returned  Hopkinw, 
who  by  this  time  had  recovered  his  usual  good  humor.  A 
few  more  words  passed  between  them,  when  Hopkins  ven- 
tured in  the  most  familiar  tone  to  remind  the  Lieutenant 
that  he  had  purloined  his  liquor,  and  spoke  of  his  disappoint- 
ment.  It  was  not  said  reproachfully,  for  Hopkins  cared 
but  little  about  it,  as  he  would  have  given  it  freely  if 
asked,  but  as  one  familiar  and  even  friendly  with  another 
might  intimate.  Lieutenant  Miller  took  the  matter  in 
another  light,  however,  and  seized  Mr.  Hopkins  by  the  collar 
in  the  most  ruffianly  manner,  dragged  him  to  the  guard- 
house, and  kept  him  there  in  filth  and  without  food  until 
the  next  day.  Every  person  in  the  building  was  indignant 
at  this  outrage,  and  it  would  not  have  taken  much  provoca- 
tion to  have  incited  them  to  resist  it. 

Sundays  were  observed  by  refraining  from  the  usual  amuse- 
ments which  occupied  the  time  and  attention  of  the  prisoners 
on  other  days.  On  one  occasion,  (Sunday,)  Mr.  V.  R.  Jackson, 
a  resident  of  Washington,  was  looking  through  the  window 
in  Ko.  16,  when  some  acquaintances  of  his  chanced  to  ride  by 
in  a  barouche.  They  recognized  each  other  —  they  by  bowing 
to  him,  and  he  by  touching  his  hat  to  them. 
One  of  the  guard,  who  was  on  the  qui  vive  to  observe  the 


850 


AMERICAN  BASTILE. 


gestures  of  the  passers-by,  ordered  the  gentlemen  in  the 
barouche  to  halt,  which  they,  of  course,  did,  not  wishing  to 
have  a  bullet  shot  into  it,  which  would  have  been  the  inevi- 
table consequence  of  noncompliance  with  the  order.  The 
party  was  compelled  to  alight  from  the  vehicle,  and  enter  the 
prison,  when  they,  no  doubt,  to  exculpate  themselves,  in- 
formed Lieutenant  Miller  that  they  had  only  bowed  in  return 
to  a  salute  from  their  friend,  Mr.  Jackson.  Lieutenant  Miller 
started  up  stairs  immediately,  accompanied  by  a  corporal. 
He  inquired  who  it  was  that  had  made  a  sign  of  recognition 
to  those  gentlemen  who  had  just  been  arrested  by  the  guard. 
No  one  answered  at  first ;  when  he  directed  his  inquiry  to 
Mr.  Jackson,  asking  that  gentleman  if  his  name  was  not 
Jackson,  and  if  he  was  not  a  clerk  in  the  Post-Office.  Mr. 
Jackson  replied  in  the  affirmative.  The  Lieutenant  then 
asked  him  if  he  had  not  taken  his  hat  off  to  the  gentlemen 
in  the  barouche.  Jackson  replied  that  he  was  not  certain 
that  he  had  done  that,  but  admitted  that  he  had  touched  his 
hat  to  the  gentlemen,  they  being  acquaintances  and  friends 
of  his,  and  he  was  not  aware  that  it  was  forbidden.  "  Take 
him  to  the  guard-house,"  commanded  Miller  to  the  corporal, 
and  Jackson  was  seized  suddenly  by  the  corporal,  and  de- 
tained until  bedtime,  and  would  probably  have  been  kept 
there  all  night,  had  it  not  been  for  the  solicitations  of  his 
fellow-prisoners  and  the  interposition  of  the  Superintendent. 

Frank  P.  Blair,  Jr.,  a  son  of  General  Frank  P.  Blair,  Jr., 
of  Missouri,  was  put  in  the  guard-house  for  going  into  the 
room  next  to  No.  16,  and  was  sent  there  another  time  foi 
making  a  little  more  noise  than  Lieutenant  Miller  thought 
it  right  for  a  prisoner  to  do.  It  was  small  business  for  Lieu- 
tenant Miller  to  outrage  the  "  private  and  hallowed  "  feelings 
of  gentlemen  who  happened  to  be  placed  in  his  power,  by 
placing  them  in  the  guard-house  for  bowing  to  a  friend  on 
the  streets  of  Washington  through  the  barred  windows  of 
the  Old  Capitol.  Petty  tyranny,  exercised  by  a  shoulder- 
strapped  official,  was  never  better  exemplified  than  it  was  in 
several  instances  in  this  prison,  where,  beside  the  cases  re- 


OLD    CAPITOL  PRISON. 


351 


ferred  to  above,  two  insane  men  (one,  a  man  formerly  well 
known  in  New  York  in  connection  with  the  anti-rent  excite* 
ment,  by  the  name  of  Bnrrell,)  were  repeatedly  placed  in  the 
guard-house,  not  to  prevent  them  from  doing  mischief,  but  as  a 
punishment  for  some  trifling  offence. 

Burrell,  better  known  in  the  prison  as  General  Thunder- 
bolt, imagined  himself  to  be  the  person  designated  by  Provi- 
dence to  command  the  Federal  Army,  and  lead  it  to  victory. 
Under  the  influence  of  this  hallucination  he  had  sought  an 
interview  with  President  Lincoln,  at  his  country  residence, 
the  Soldiers'  Home,  and  being  taken  into  custody  by  some 
one,  the  President  and  his  friends  took  it  into  their  frightened 
heads  that  Burrell  was  an  assassin,  and  so  the  poor  lunatic 
was  sent  down  to  the  Old  Capitol.  It  appeared  that  he  had 
been  to  Richmond,  which  circumstance  gave  color  to  the 
accusation  of  evil  designs  upon  the  President. 

Whenever  Burrell  happened  to  be  in  the  yard  at  recreation 
time,  he  was  the  centre  of  attraction.  Insane  as  he  was,  he 
was  as  caustic  in  his  sarcasms  and  witty  in  repartee  as  if  his 
intellect  were  perfectly  sound. 

One  day,  Lieutenant  Miller  inquired  of  him  what  he 
thought  of  the  Rebel  soldiers  in  comparison  with  those  of 
the  Federal  Army.  Said  Miller :  "  Don't  you  think,  General, 
that  you  could  whip  them  Rebels  yourself?  " 

"  Yes,"  said  General  Thunderbolt, "  of  course  I  could !  But 
I  '11  tell  you  what,  Lieutenant,  if  the  Federal  Army  were  all 
like  you,  one  Rebel  could  whip  every  five  of  you." 

Of  course  this  disparaging  compliment,  albeit  applied  by 
a  crazy  man,  could  not  be  brooked  with  impunity.  So  the 
poor  "  General "  was  sent  to  the  guard-house. 

There  was  another  crazy  fellow,  an  Irishman  in  appearance, 
who  any  one  might  see  at  a  glance  was  insane.  He  was  an 
inoffensive  creature,  yet  this  poor  demented  fellow  and  Thun- 
derbolt were  oftener  in  the  guard-house,  than  any  other  pris- 
oners in  the  establishment.  It  was  purely  an  exercise  of 
brute  tyranny  to  send  either  of  them  to  such  a  place. 

The  prisoners  generally  in  the  Old  Capitol  were  permitted 


352 


AMERICAN  BASTILE. 


to  spend  a  half-hour  at  each  mealtime  in  the  yard,  or  rathei 
so  much  of  that  time  as  was  not  occupied  in  eating.  The 
prisoners  who  took  their  meals  in  their  room  could  so  arrange 
the  time  of  eating  as  to  take  the  whole  half-hour  allowed  in 
the  yard  in  recreation :  most  of  the  time,  however,  there  was 
no  room  in  it  to  indulge  in  any  exercise.  It  was  full  of  tents 
and  prisoners,  both  Federal  and  Confederate,  so  that  all  the 
recreation  which  could  be  indulged  in,  was  for  them  to  gather 
in  a  crowd,  and  elbow  their  way  through  the  throng.  Even 
that  was  made  disagreeable  to  them  by  being  dogged  by  the 
detectives  and  spies,  who  were  ever  on  the  alert  to  listen  tc 
their  conversation  and  watch  their  actions.  No  sooner  would 
a  few  prisoners  stand  in  a  group  to  converse  with  each  other, 
than  one  of  these  detectives,  pretending  to  be  a  prisoner  like 
the  others,  would  approach,  and  manifest  the  greatest  poss.- 
ble  interest  in  the  subject  of  the  conversation.  If  it  hajv- 
pened  to  be  on  the  affairs  of  the  Government,  or  the  state  c  f 
the  country,  or  the  outrageous  course  of  the  Administration, 
as  their  conversations  often  were,  then  the  spies  became  trebly 
interested. 

They  were  sure  to  put  in  a  word  which  was  calculated  to 
draw  out  others.  Sometimes  one  would  forget  for  the  mo- 
ment that  he  was  a  prisoner,  and  feeling  as  an  American  free- 
man, would  give  such  expression  to  his  emotions  and  convic- 
tions as  would  thrill  his  audience,  and  load  the  detective  with 
valuable  information  for  headquarters.  Of  course,  every  con- 
versation of  that  kind  was  carefully  noted,  and  those  who 
had  participated  in  it  were  more  vigilantly  observed.  Dur- 
ing the  month  of  October,  and  up  to  the  22d  of  November, 
1862,  (when  the  discharge  of  the  political  prisoners  occurred,) 
the  yard  was  comparatively  clear  of  rubbish,  so  that  the 
prisoners  had,  during  the  half-hour  of  time  allowed  them,  an 
opportunity  to  exercise.  This  they  did  generally  in  pairs, 
one  object  of  which  was  to  avoid  the  detectives. 

In  this  way,  the  prisoners,  who  were  well  acquainted  with 
each  other,  would  take  what  was  called  their  recreation. 
Those  who  were  not  so  fortunate  as  to  have  acquaintances, 


OLE    CAPITOL  PRISON. 


353 


fell  of  course  into  the  hands  of  the  detectives,  who  tl  rough 
them  found  out  what  they  could  of  those  whom  they  could 
not  so  familiarly  approach.  About  the  latter  end  of  October, 
several  balls  and  chains  were  placed  in  the  yard.  Their 
appearance  was  regarded,  by  most  of  the  prisoners,  as 
significant,  nothing  of  the  kind  having  been  there  before. 
For  some  days,  no  one  ventured  near  these  instruments  of 
punishment,  their  very  appearance  in  such  a  place  being  so 
suggestive  of  disagreeable  emotions,  as  to  keep  off  the  most 
reckless.  At  length,  however,  some  of  the  younger  prisoners 
ventured  to  approach  and  handle  them,  and  soon  after  they 
were  used  by  the  crowd  for  gymnastic  exercise.  The  yard 
recreation,  though  monotonous,  had  nevertheless  some  variety, 
as  there  was  something  new  occurring  every  day.  Often,  dur- 
ing the  time  of  recreation,  new  prisoners  were  brought  in. 
The  whole  crowd  would  gather  round  the  stranger  to  learn 
the  news,  and  for  the  time  being  the  scene  would  be  quite 
animated.  If  the  new  comers  happened,  as  was  often  the 
case,  to  be  prisoners  of  war,  more  reliable  information  was 
obtained  from  them  of  the  result  of  the  battles  in  which  they 
participated,  than  the  news  agent  was  allowed  to  publish. 

The  amusements  of  the  prison  proper  were  but  few  and 
simple.  Most  of  the  prisoners  played  cards  all  day  long,  and 
until  roll-call,  at  nine  o'clock  at  night.  The  favorite  game 
was  bluff,  or  poker,  and  the  stakes  or  chips  were  one-cent 
pieces.  It  was  as  amusing  to  a  looker-on  to  see  with  what 
earnestness  and  feeling  the  game  was  played,  as  it  was  to  the 
players  themselves.  They  would  have  had  nothing  to  keep 
them  from  thinking  of  the  outrages  to  which  they  were  sub- 
jected, had  it  not  been  for  card-playing.  Whoever  invented 
cards,  no  matter  how  much  they  have  been  the  means  of 
doing  mischief,  contributed  to  the  gratification  of  his  fellow- 
beings  in  no  small  degree.  And  that  there  is  amusement  in 
them  for  the  most  enlightened  and  cultivated  intellect,  as 
there  is  for  the  simplest  and  most  ignorant  of  mankind, 
cannot  be  questioned. 

L-e-t-t-e-r-s  !    Once  a  day,  the  Superintendent,  or,  in  his 

23 


3/34 


AMERICAN  BASTILE. 


absence,  Lieutenant  Miller,  called  at  the  rooms  of  the  prison 
for  letters.  When  the  Superintendent  came  round,  every  ono 
crowded  about  him,  each  urging  some  request  or  other.  One, 
that  a  letter  might  he  allowed  to  reach  his  wife ;  another, 
that  his  might  be  sent,  for  certain,  to  his  mother ;  and  so  on 
through  the  whole  number.  The  Superintendent  invaria- 
bly did  his  best  to  have  the  prisoners'  letters  passed  through 
the  hands  of  the  Provost  Marshal,  or  Judge  Advocate,  as 
the  case  might  be.  Every  letter  written  by  the  prisoners 
was  handed  to  the  Superintendent  or  his  deputy,  indorsed, 
except  letters  to  high  officials,  which  might  be  sealed.  The 
letters  were  examined  in  the  prison,  and  by  some  one  in  the 
office  of  the  Marshal,  or  the  Judge  Advocate,  so  that  it  de- 
pended on  the  caprice  of  those  officials,  or  of  their  clerks, 
whether  any  letter  should  ever  reach  its  destination  or  not. 
Of  course,  many  letters,  of  the  greatest  importance  to  the 
prisoners  and  their  families,  never  reached  the  Post  Office 
and  it  was  more  by  the  attention  and  favor  of  Superintendent 
Wood  that  letters  ever  reached  their  destination,  than  it  was 
from  the  attention  given  to  them  by  any  other  person  con- 
nected with  the  Government.  Hence  it  was  no  wonder  that 
the  prisoners  looked  more  to  the  Superintendent,  than  to  any 
one  else,  for  the  favor,  yes,  the  favor,  of  having  their  letters 
sent  to  their  families.  Enter,  reader,  one  of  the  Old  Capitol 
Prison  rooms,  in  imagination,  when  the  Superintendent  called 
for  "  letters,''  announcing  his  presence  for  the  purpose  of 
being  the  bearer  of  messages,  which  told  mothers,  wives,  and 
children  at  home,  how  fared  the  son,  husband,  or  father,  in 
the  Bastile.  No  sooner  would  Mr.  Wood  enter  the  room 
than  a  rush  would  be  made  for  him,  by  from  half  a  dozen  to 
twenty  persons,  each  one  eager  to  have  the  first  chance  to 
impress  him  with  the  importance  of  what  he  wanted  to  com- 
municate, and  to  appeal  to  his  feelings,  as  a  man,  in  behalf 
«f  the  missive  he  held  in  his  hand.  "  Now,  Wood,  I  am 
sure  my  letters  have  not  reached  home,',  one  would  urge  in 
a  voi'je  modulated  to  earnest  pathos,  "or  if  they  have  been 
eonf,  their  letters  to  me  have  been  suppressed.    Won't  you 


OLD    CAPITOL  PRISON. 


355 


see  whether  there  are  any  letters  for  me  at  the  Provost  Mar- 
shal's office  ?"  As  likely  as  not  the  Superintendent  would 
reply :  "  There  are  several  letters  for  you  at  the  office  of  the 
Provost  Marshal,  hut  they  are  not  examined :  some  of  the 
Miss  Nancy  clerks  up  there  have  become  so  important,  in 
their  own  estimation,  since  they  have  got  into  the  position 
of  examining  letters,  that  they  'take  on  airs/  and  do  as  they 
please.  I  cannot  help  it  if  your  letters  are  not  forwarded, 
or  if  letters  do  not  reach  yon."  "We  know  that,  Mr, 
"Wood,"  several  voices  would  exclaim  in  concert.  "  But,"  one 
would  continue,  "  it  is  hard  to  he  deprived  of  the  privilege 
of  hearing  from  home ;  and  it  is  equally  an  outrage  to  our 
families  to  he  allowed  no  opportunity  to  hear  from  us  while 
we  are  confined  in  a  place  like  this."  "  I  know  it  is  hard,' 
would  he  the  admission  of  the  Superintendent;  "but  you  fel- 
lows had  no  business  to  be  Locofocos."  This,  of  course,  would 
be  said  in  a  jest,  so  far  as  the  Superintendent  was  concerned, 
but  it  was  no  joke  for  the  prisoners.  Their  crime  was  truly 
that  they  were  what  Mr.  Wood  had  called  them — "Locofocos' 
—  and  for  that  they  were  kidnapped  and  imprisoned,  and 
deprived  of  the  privilege  of  hearing  from  their  families,  ex- 
cept at  the  caprice  of  "  Miss  Nancy  "  clerks  in  the  office  of 
the  Provost  Marshal,  at  Washington.  "Wood,  here  is  a 
letter — a  very  short  one  —  containing  nothing  but  to  say  that 
I  am  well :  cannot  this  be  sent  to  my  wife,  without  its  being 
subject  to  the  risk  of  being  destroyed,  in  the  office  of  the 
Provost  Marshal?"  Such  would  often  be  the  appeal  of  a 
prisoner.  Mr.  Wood's  reply  would  be  as  follows:  "I  cannot 
send  any  letters  for  you,  except  through  the  Provost  Marshal, 
or  Judge  Advocate  Turner ;  but  I  will  do  my  best  to  have 
your  letter  examined  and  passed." 

"Here  ii  a  business  letter,  Wood,"  another  prisoner  would 
urge.  "It  is  of  the  most  vital  importance  to  me  and  my 
family,  that  it  should  reach  its  address  as  soon  as  possible : 
why  cannot  it  be  sent  immediately?"  "That  I  cannot  an- 
swer," woui'i  be  the  reply  of  the  Superintendent.  "  I  am  here 
to  carry  out  the  orders  of  the  Government,  and  not  to  do  my 


356 


AMERICAN    BASTIi  E. 


own  will.  The  Government,  or  rather  the  officers  of  tne 
Government,  have  their  own  way  of  doing  things,  and  1 
must  either  obey  their  orders,  or  give  up  my  place."  "  "We 
would  all  be  sorry  that  you  did  that,"  would  be  the  sincere 
declaration  of  the  prisoners.  "If  you  were  not  here.  Wood, 
we  should  not  receive  one  in  ten  of  our  letters,  nor  would 
our  friends  know  whether  we  were  dead  or  alive." 

The  very  first  letter  sent  out  by  one  of  the  prisoners,  called 
forth  the  following  decree : 

"Headquarters  Provost  Marshal's  Office, 
"Washington,  D.  C,  1862. 
".Nothing  but  family  and  business  letters  are  allowed  to  pass. 

W.  Y.  C.  Murphy." 

This  signature  had  something  affixed  to  it,  of  which  no 
one  could  make  any  sense,  but  it  was  probably  designed  to 
show  that  this  Murphy  was  a  person  of  authority.  Whether 
he  was  or  was  not,  it  is  very  certain  that  he  assumed  a  great 
deal  in  opening  letters  and  papers,  and  throwing  them  aside 
or  destroying  them,  if  they  contained  anything  which  he 
deemed  objectionable  to  his  masters.  Shortly  after  this,  the 
same  prisoner  was  served  with  a  notice  to  the  effect  that,  if 
his  wife  did  not  write  her  name  in  full,  her  letters  would  be 
suppressed. 

Scenes,  similar  to  those  described  between  the  Superinten- 
dent and  the  prisoners,  were  of  daily  occurrence. 

Immediately  after  the  battles  fought  in  the  vicinity  of 
Washington,  in  August,  1862,  the  city  was  placed  under 
martial  law.  The  sale  of  liquor  was  prohibited  by  the  Mili- 
tary Governor,  under  penalty  of  confiscation.  Here  was  a 
favorable  opportunity  for  the  detectives  of  the  War  Depart- 
ment to  ply  their  vocation,  and  make  a  harvest.  The  plan 
of  operation  mapped  out  was  for  some  one  of  the  number, 
who  was  best  acquainted  with  a  liquor-dealer  or  saloon-keeper, 
marked  as  a  victim,  to  go  and  procure  from  him,  if  possible, 
something  to  drink.  If  successful  in  the  application,  no 
matter  whether  on  the  score  of  old  acquaintance,  familiarity 


OLD    CAPITOL  PRISON. 


357 


or  friendship,  information  was  to  be  filed  fort h with  before 
the  Provost  Marshal,  and  then  the  liquors  would  be  seized. 
Tins  programme  was  carried  into  effect,  and  most,  if  net  ail 
the  liquors  seized,  were  placed  under  the  control  of  the  Pro- 
vost Marshal,  better  known  as  Detective  Baker.  Some  time 
after  the  promulgation  of  this  military  order,  a  Mr.  Spahr 
was  arrested  in  Washington  City.  He  suggested  to  the 
officer,  a  detective  who  had  him  in  custody,  that  it  would 
not  be  amiss  for  them  to  go  and  get  something  to  drink,  bo- 
fore  he  was  taken  to  the  Old  Capitol,  as  it  was  not  likely 
that  while  there  he  would  be  allowed  to  indulge  in  that  way. 
The  officer  thought  the  suggestion  a  good  one,  and  consented 
to  the  proposal.  Spahr,  not  wishing  to  be  the  means  of  ac- 
quainting the  detective  with  any  of  the  places  known  to  him, 
where  the  military  order  respecting  the  sale  of  liquors  was 
violated,  suggested  that  the  officer  indicate  a  place  where 
they  could  be  accommodated,  with  which  suggestion  the 
officer  complied  very  cheerfully.  The  two  went  to  find  a 
place  of  refreshment,  and,  to  the  surprise  and  amusement  of 
Mr.  Spahr,  he  was  taken  into  a  room  back  of  Provost  Mar- 
shal Baker's  office,  where  there  was  a  bar  in  full  blast,  well 
supplied  with  liquors,  which,  by  the  way,  as  Spahr  ascertained, 
had  been  confiscated  from  the  saloon-keepers  in  Washing- 
ton, who  had  violated  the  order  of  Military  Governor  Wads- 
worth.  Mr.  Spahr  paid  the  reckoning  at  the  Provost  Mar 
shaPs  bar,  and  went  to  the  Old  Capitol,  full  of  meditations 
on  the  system  of  government  introduced  by  Mr.  Lincoln. 

An  investigation  into  the  detective  business  of  the  War 
Department  would  reveal  such  flagitious  violations  of  law 
decency,  and  personal  rights,  and  such  corrupt  and  out 
rageous  practices,  having  for  their  sole  object  the  gratifica 
tion  of  the  lust  of  avarice,  if  not  the  lust  of  the  flesh,  as 
would  place  the  Government,  as  administered  ander  Abra- 
ham Lincoln,  in  disparaging  comparison  with  the  most  un 
principled  of  any  nation,  extant  or  extinct. 


J.  W.  PACKARD. 


J"W.  PACKARD  was  born  in  North  Bridgewatjr,  Mas* 
•  sachusetts,  in  1833.  He  resided  in  Philadelphia  from 
1858  until  1860,  when  he  went  to  Richmond,  Virginia,  and 
was  engaged  as  a  manufacturer  of  sewing-machine  needles. 

On  the  17th  of  September,  1862,  he  received  permission  to 
return  North.  Before  he  left,  however,  he  was  arrested  by 
the  city  authorities  as  a  "  suspicious  character,''  but  after 
an  examination,  was  discharged.  The  Confederate  Govern- 
ment, at  the  time  he  left,  issued  passes  to  aliens  only,  unless 
it  was  shown  that  the  person  wishing  to  leave  would  do 
nothing  detrimental  to  the  "  cause"  of  the  South. 

Through  the  influeuce  of  some  Confederate  officials  he 
succeeded  in  obtaining  a  permit  to  pass  through  the  lines, 
and  immediately  availed  himself  of  the  opportunity  to  leave 
the  Confederacy. 

On  the  way  to  his  home,  he  stopped  in  Philadelphia,  and 
while  there,  was  arrested  by  Detective  Benjamin  Franklin. 
He  was  deprived  of  his  money,  valuables,  and  clothing,  and 
incarcerated  in  Moyamensing  Prison.  He  was  not  informed 
why  he  had  been  arrested,  nor  permitted  to  see  any  of  his 
friends. 

The  jailer  (Money)  brought  a  member  of  the  Philadelphia 
bar  to  see  him.  He  represented  that  he  could,  with  a  writ 
of  habeas  corpus,  obtain  his  release,  as  he  was  a  Republican ; 
and  thought  that  if  the  case  came  into  court,  he,  the  pri- 
soner, would  be  discharged,  as  there  was  nothing  against 
him  sufficient  to  justify  his  confinement. 

Mr.  Packard  told  him  that  if  he  would  get  him  out,  ho 
would  willingly  give  him  fifty  dollars  for  his  services ;  but 
if  he  calculated  to  impose  upon  him,  he  would  stay  there 

358 


J.   W.  PACKARD. 


359 


until  his  friends  worked  up  his  case,  and  obtained  his  re- 
lease. This  was  on  the  second  day  of  his  confinement ;  and 
the  attorney,  at  the  close  of  the  conversation  detailed  above, 
agreed  to  find  out  the  charges  against  him,  and  meet  him 
the  next  morning.  Shortly  after  this  interview,  Detective 
Franklin,  with  an  assistant,  appeared  at  the  prison,  and  in- 
formed him  that  he  was  to  go  to  Fort  Lafayette,  and  ordered 
him  to  get  ready  at  once.  This  was  easily  done,  as  the  detec- 
tive was  in  possession  of  his  travelling  bags  containing  his 
clothing. 

Arriving  in  New  York,  he  was  again  incarcerated  over 
night,  in  one  of  the  city  prisons,  and  the  following  day  re- 
moved to  Fort  Lafayette,  where  he  was  kindly  greeted  by 
the  occupants,  who  did  all  that  gentlemen  could  to  alleviate 
the  burden  of  his  imprisonment. 

The  second  day  of  his  confinement  he  was  taken  sick,  and 
sent  for  the  surgeon  in  charge  of  the  Fort,  but  he  had  no 
time  or  inclination  to  attend  him.  One  of  his  room-mates 
suggested  to  him  to  request  the  services  of  a  medical  gentle- 
man who  was  in  the  same  casemate.  This  gentleman  attended 
him  faithfully,  find  relieved  him  of  his  sickness. 

After  being  immured  for  ten  days,  an  order  came  for 
his  release.  On  applying  for  his  money  in  Philadelphia, 
he  was  told  a  bill  must  be  paid  before  it  could  be  restored  to 
him.  Mr.  Packard,  knowing  of  no  services  rendered  him, 
demanded  to  see  the  bill,  and  was  shown  one  of  three  hun- 
dred dollars.  .After  some  disputation,  two  hundred  and  fifty 
dollars  in  gold  was  retained.  Another  bill  for  two  days'  board  at 
Moyamensing  Prison  was  presented  him,  which  he  paid,  at  the 
rate  of  four  dollars  per  diem.  There  was  no  cause  assigned 
for  his  arrest,  and  he  certainly  never  did  anything  to  justify 
it.  Mr.  Packard  now  resides  at  Bridge  water,  Massachusetts, 
and  is  still  a  manufacturer  of  sewing-machine  needles. 


CHARLES  MACGILL,  M.D. 


DR.  CHARLES  MACGILL  is  a  native  of  the  city  of 
Baltimore,  and  came  of  distinguished  ancestry.  His 
grandfather  on  the  maternal  side  was  Thomas  Jennings,  who 
filled  the  position  of  King's  Attorney  under  the  Colonial  Gov- 
rnment  of  Maryland.  His  great-grandfather  on  the  pater- 
nal side  was  the  Rev.  James  Macgill,  from  Perth,  Scotland, 
who  settled  in  Maryland  in  1728,  and  was  the  first  Rector  of 
Queen  Caroline  Parish,  Elkridge,  Anne  Arundel  County, 
Maryland.  Charles  Macgill,  the  subject  of  this  sketch,  was 
educated  at  the  old  Baltimore  College,  Samuel  Knox  and 
Gerandine,  Professors :  the  wife  and  daughter  of  the  latter 
lost  their  lives  by  the  burning  of  the  Marshall  Theatre,  Rich- 
mond, Virginia,  in  1811,  an  event  still  remembered  by  many. 

Completing  his  collegiate  studies  in  1823,  he  entered  the 
Dflice  of  Dr.  Charles  G.  Worthington,  of  Elkridge,  Maryland, 
where  he  remained  two  years,  and  acquired  much  knowledge 
m  medicine  and  surgery  by  association  with  that  noted 
savant.  Subsequently  he  became  a  student  of  the  Baltimore 
Hospital,  in  charge  of  Dr.  Collin  Mackenzie,  Sen.,  and  the 
private  student  of  Dr.  John  B.  Davidge,  founder  of  the 
University  of  Maryland,  and  its  first  Proctor.  Young  Mac- 
gill graduated  with  high  honors  in  the  University  of  Mary- 
land, in  1828.  He  at  once  entered  upon  the  practice  of  his 
profession  at  Hagerstown,  Maryland,  in  connection  with  his 
brother,  Dr.  William  D.  Macgill.  This  association  continued 
up  to  the  fall  of  1828,  when  he  removed  to  Martinsburg,  Vir- 
ginia. In  1829,  he  was  united  in  marriage  to  the  daughter 
of  Richard  Ragan,  Esq.,  of  Hagerstown,  Maryland.  His 
brother  William  djing  in  1833,  he  settled  permanently  in 
Hagerstown,  where  his  many  accomplishments  of  head  and 

3C0 


CHARLES    MACGILL,    M.  D. 


361 


neart  won  for  him  high  position  as  a  leading  citizen.  He  led 
or  assisted  in  many  public  undertakings.  He  assisted  in 
establishing  the  "Hagerstown  Mail,"  in  1828,  and  subse- 
quently that  of  the  "Martinsburg  Republican."  He  was 
appointed  by  President  Van  Buren  a  Visitor  to  West  Point, 
in  1839,  and  was,  in  1840,  a  State  Elector  on  the  ticket  of 
Martin  Van  Buren,  in  the  Presidential  contest  of  that  year 
He  was  appointed  by  Governor  Philip  Francis  Thomas,  Lieu- 
tenant-Colonel of  the  24th  Regiment,  Maryland  Militia,  and 
upon  the  death  of  Colonel  Robertson,  then  commanding,  Gov- 
ernor Thomas  G.  Pratt  commissioned  him  Colonel.  His  rank 
was  afterward  raised  by  Governor  Ligon  to  that  of  Major- 
General  of  the  Maryland  Militia,  Fourth  Division.  For  seve- 
ral years,  Dr.  Macgill  resided  quietly  at  Hagerstown,  devoting 
his  time  and  talents  to  his  increasing  practice,  and  the  care 
and  education  of  a  large  family. 

In  1861,  when  the  war  broke  out,  Major  Swan,  a  gallant 
son-in-law  of  Dr.  Macgill,  left  for  Virginia.  His  movement 
caused  the  family  to  be  suspected.  Each  male  member  of  it 
was  constantly  under  the  surveillance  of  Federal  spies,  and 
numerous  indignities  were  offered  their  persons  and  property. 
Op  to  this  time,  Dr.  Macgill  had  returned  good  for  evil. 
In  1861,  when  General  Patterson's  army  was  encamped  at 
Hagerstown,  and  some  of  his  soldiers  were  injured  by  an 
accident,  the  Doctor  attended  them  in  a  surgical  capacity, 
and  exerted  his  skill  for  their  relief.  At  the  same  time,  his 
residence  was  entered  and  searched,  his  private  papers  and 
correspondence  violated,  the  bureaus  and  trunks  of  his  wife 
and  daughters  broken  open,  and  the  sanctity  of  his  home 
generally  invaded,  without  warrant  or  authority.  Notwith- 
standing these  outrages  upon  an  honorable  gentleman  and 
las  family,  a  short  time  afterward,  when  General  Patterson 
advanced  into  Virginia,  leaving  many  of  his  sick  in  hospital  at 
the  Female  Academy  in  Hagerstown,  he  requested  Dr.  Mac- 
gill to  attend  them,  a  request  with  which  the  Doctor  readily 
complied,  daily  ministering  to  their  necessities. 

About  this  time,  Colonel  Ely,  of  Harrisburg,  Pennsylvania, 


3G2 


AMERICAN  BASTILK 


was  captured  in  Virginia.  A  few  days  after  the  departure 
of  Patterson's  army,  the  Doctor  was  coming  out  of  a  house 
where  he  had  been  visiting  a  patient,  when  he  was  sur- 
rounded by  a  squad  of  soldiers,  the  Captain  of  which  said  he 
had  orders  to  arrest  him  as  a  hostage  for  Colonel  Ely,  to  be 
held  until  that  officer  should  be  given  up  by  the  "  Rebels." 
The  Doctor,  with  a  good  deal  of  hauteur  and  composure, 
remarked :  "  Why,  gentlemen,  I  am  a  Major-General ;  you 
cannot  take  and  hold  me  for  a  Colonel. "  He  was  soon 
released.  General  Patterson  returned  from  Virginia  to 
Maryland,  and  on  the  evening  of  the  30th  of  September, 
1861,  Macgill  was  at  home  with  his  family,  when  the  rat- 
tling of  sabres  and  the  tramp  of  soldiers  were  heard. 

In  a  moment,  a  squad  of  soldiers  entered  his  house,  filed 
into  the  parlor,  and  stood  in  the  presence  of  the  man  the 
military  authorities  professed  to  fear  "more  than  any  other 
in  the  State  of  Maryland."  Said  the  leader  of  the  squad: 
"Dr.  Macgill,  you  are  my  prisoner."  "  By  whose  order ?  " 
inquired  the  Doctor.  The  reply  was :  "  By  order  of  Colonel 
Kenly,  who  has  instructions  from  the  Secretary  of  State." 
The  following  is  a  copy  of  the  order : 

(Indorsed.) 

"  Governor  Seward,  confidential  letter.  Rec'd  Sept.  28th.  Ans. 
Sept.  29th.  Orders  given  to  Colonel  Kenly,  Williamsport,  Sept 
29th." 

(Copy.) 

"Department  of  State, 
Washington,  September  21,  1861. 
"  Major-Gen eral  N.  P.  Banks,  Darnestown,  Md. : 

u  General :  If  you  can  arrest  Dr.  Charles  McGill,  of  Hagerstown, 
Maryland,  or  cause  him  to  be  arrested  and  sent  to  Fort  M^Henry, 
lo  be  thence  conveyed  to  Fort  Lafayette,  let  it  be  done. 
"  I  am,  very  respectfully,  your  obedient  servant, 

(Signed)  William  H.  SEW>*u>.n 

(Indorsed.) 

"Colonel  Kenly,  on  the  arrest  of  Dr.  Macgill,  answered  Oct 
Ed,  same  day  of  its  receipt." 


CHARLES    MACGILL,    M.  D. 


363 


(Copy.) 

"  Headquarters,  Williamsport, 
September  30,  1861. 
*  Major-General  N.  P.  Banks,  Commanding  Division  : 

"  General:  Dr.  Macgill  is  now  a  prisoner  in  my  camp.  If  one 
man  can  be  dangerous,  he  is  the  man.  I  shall  send  him  direct 
to  Fort  McHenry  by  Captain  Waltemeyer,  of  my  regiment.  He 
will  be  there  to-morrow  night. 

"  "With  the  highest  regard, 

"  John  E.  Kenlt,  Col.  1st  Md.  Keg't." 

The  within-named  Waltemeyer,  who  carried  out  this  order, 
had  been  tried  and  convicted  in  the  Baltimore  County  Crim- 
inal Court  for  whipping  a  woman,  afterward  pardoned  and  com- 
missioned by  Governor  Hicks. 

Mr.  Seward's  "  little  bell "  had  been  touched  again,  and 
Dr.  Charles  Macgill  was  the  victim  this  time.  A  detailed 
squad  of  eighty-five  Pennsylvania  Home  Guards,  under  the 
command  of  one  Captain  Saul,  surrounded  his  house. 

The  Doctor  accepted  the  situation,  recognized  himself  a 
prisoner  of  state,  and  prepared  to  accompany  his  captors. 
His  wife  being  ill  up  stairs,  he  asked  permission  to  visit  and 
bid  her  farewell.  Not  supposing  that  such  a  humane  request 
would  be  denied  him,  he  had  started  on  his  way  when  the 
command  was  given  to  "  stop  him."  A  number  of  privates 
now  advanced  to  seize  the  prisoner,  when  he  turned  upon  them 
and  dashed  two  of  them  down  the  stairway.  This  provoked  a 
desperate  struggle.  Dr.  Charles  Macgill,  Jr.,  now  came  to  the 
assistance  of  his  father.  Miss  Macgill,  a  daughter,  who  had 
just  returned  from  riding,  and  was  equipped  in  a  riding  habit, 
and  carried  in  her  hand  an  ivory-headed  riding-whip,  came 
to  the  rescue  and  bravely  defended  her  brother,  who  had  re- 
ceived a  sabre-cut  in  the  neck.  At  this  juncture  the  soldiers 
drew  their  sabres  and  revolvers  on  Miss  Macgill,  and  but  for  the 
timely  interference  of  Captain  Saul,  the  consequences  might 
have  been  not  only  serious  but  tragical.  The  Captain  ordered 
the  arrest  of  both  father  and  son,  and  they  were  carried 


364 


AMERICAN  BASTILE. 


away  to  Camp  Banks,  near  Williamsport.  Saul  reported 
with  his  prisoners  to  Colonel  Kenly,  commanding,  who,  swell- 
ing wi  th  importance,  ordered  the  release  of  the  son.  as  his 
arrest  was  not  contemplated  in  the  order.  Dr.  Macgill  was 
then  quartered  in  a  tent  which  was  guarded,  the  guards  keep- 
ing a  light  burning  all  night. 

The  next  morning  he  was  placed  in  an  army  wagon  and 
taken  back  to  Hagerstown.  The  military  must  have  feared 
an  attempt  at  rescue,  for  the  road  for  six  miles  was  lined  with 
blue  uniforms,  and  extra  precautions  taken  against  a  dash 
from  the  "  Rebels  "  of  Hagerstown  and  Washington  County. 
At  Hagerstown,  the  distinguished  state  prisoner  was  received 
by  another  body  of  soldiery,  and  being  placed  on  the  cars, 
was  taken  to  Chambersburg,  and  thence  to  Baltimore.  At 
Baltimore,  a  company  of  soldiers  was  in  waiting  at  the  depot, 
the  phantom  of  a  Rebel  rescue  having  likewise  disturbed  the 
imagination  of  the  military  commanders  at  that  place.  A 
coach  was  in  waiting  also,  and  Dr.  Macgill,  being  hastily 
hustled  into  a  seat  with  the  guards,  was  driven  off  to  Fort 
McIIenry. 

Here  he  was  confined  in  a  cell  next  to  that  occupied  by 
"  Garrona  "  Thomas,  and  Messrs.  Glenn  and  Johnson,  of  Bal- 
timore. 

Colonel  Morris,  the  commandant  of  the  Fort,  refused  to 
permit  his  new  prisoner  to  dine  with  these  gentlemen,  but 
left  him  in  solitary  confinement.  He  permitted  his  friends  to 
visit  him,  however,  and  he  was  treated  kindly.  The  com- 
mandant was  by  nature  and  education  austere,  and  a  stickler 
for  rules  and  discipline.  After  five  days'  imprisonment  in 
Fort  McIIenry,  the  steamer  from  Annapolis,  with  the  Hat- 
teras  prisoners,  touched  at  the  Fort,  and  he  was  booked  for 
Fort  Hamilton,  New  York  Harbor,  and  thence  was  trans- 
ferred to  Fort  Lafayette,  where  he  found  congenial  compan- 
ionship in  the  company  of  many  other  state  prisoners  from 
Maryland,  other  States  of  the  United  States,  and  the  then 
Confederate  States.  Lieutenant  Wood,  the  officer  in  com- 
mand at  Fort  Lafayette,  was  one  of  those  who  held  his  ap» 


CHARLES    MAOGILL,    M.  D. 


365 


pointment  through  the  favor  of  Mrs.  Lincoln,  the  "Rosy 
Empress  "  of  the  White  House.  He  had  shown  her  and  lief 
family  great  attention  on  the  occasion  of  the  memorable  trip 
from  Harrisburg  to  Washington,  before  the  inauguration  of 
Lincoln,  and  he  received  his  reward  in  the  appointment  to 
the  command  of  a  Government  Bastile.  "Wood  was  a  man 
of  cruel  heart,  low  instincts,  and  despicably  mean  principles. 
About  the  last  of  October,  1861,  the  Hatteras  officers  and 
state  prisoners,  including  Dr.  Macgill,  Commander  Barron, 
and  others,  were  transported  from  Fort  Lafayette  to  Fort 
Warren. 

The  steamer  "  State  of  Maine,"  on  board  of  which  tho 
prisoners  were  shipped,  was  not  seaworthy,  having  been  pro- 
nounced so  by  Captain  Berry,  of  the  steamer  Columbia. 
For  the  eleven  hundred  men  on  board,  the  provisions  were 
insufficient  in  quantity,  and  were  unwholesome  in  quality. 
They  consisted  of  rancid  pork,  hardtack,  and  salt  meat. 
When  well  at  sea,  a  plot  was  entered  into  among  the  prisoners 
to  rise  upon  the  guard,  overpower  them,  together  with  the 
officers  and  crew,  take  possession  of  the  steamer,  and  run  her 
into  Halifax.  No  doubt  was  entertained  about  the  success 
of  the  seizure ;  but  when  it  was  considered  among  the  leaders, 
Dr.  Macgill  included,  that  the  vessel  was  unsea worthy,  that 
she  was  neither  coaled  nor  provisioned  for  such  a  voyage,  the 
"State  of  Maine"  proceeded  to  her  original  destination,  Fort 
Warren,  in  Boston  Harbor,  her  officers  none  the  wiser  of  her 
contemplated  change  of  course  and  commanders. 

Colonel  Dimick  commanded  at  Fort  Warren.  He  was  a 
humane  gentleman,  and  a  great  favorite  with  all  the  pris- 
oners. He  was  taken  by  surprise,  and  was  totally  unprepared 
for  the  accommodation  or  entertainment  of  the  large  number 
of  additional  guests  so  unceremoniously  thrust  upon  his 
hospitality  by  the  United  States  Government.  The  conse- 
quence was,  the  prisoners  were  shut  up  on  board  the  "  State 
of  Maine  "  until  late  the  next  day.  In  the  mean  time  prepara- 
tions having  been  made  in  the  Fort,  they  were  landed.  The 
Doctor  was  quartered  in  a  lower  casemate,  without  windows 


366 


AMERICAN  BASTILE. 


and  though  he  was  repeatedly  offered  hetter  quarters  by 
Colonel  Dimick,  he  refused  to  vacate  this  dreary  cell,  for  fear 
he  might  incommode  some  poor  sickly  fellow,  he  being  hale 
and  in  excellent  health.  His  cell-mates  were  Dr.  Jeffreys,  of 
Norfolk,  Dr.  Lindsay,  Dr.  Page,  Thomas  W.  Hall  of  Balti- 
more, Wyatt,  and  others,  all  of  them  most  companionable 
gentlemen. 

At  this  period  there  existed  a  great  deal  of  sickness,  espe- 
cially among  the  Southern  prisoners,  and  through  the  kind- 
ness of  Colonel  Dimick,  Dr.  Macgill  was  permitted,  at  the 
request  of  the  sick,  to  take  charge  of  their  cases,  the  post 
supplying  the  medicine.  Prison  life  is  monotonous  at  best, 
and  employment  brings  relief  to  mind  and  body.  Dr.  Mac- 
gill  entered  upon  the  duties  with  devotedness  and  alacrity. 
He  did  not  wait  to  be  summoned  to  the  cot  of  the  sick,  but 
went  the  rouuds  of  the  sick-ward  both  day  and  night.  His 
extensive  knowledge  of  medicine  made  him  a  general  favorite, 
and  he  was  frequently  called  in  by  the  post  physician  for 
consultation,  particularly  in  dangerous  cases. 

At  Fort  Lafayette  the  Doctor  was  offered  his  release,  and 
the  largest  liberty,  upon  the  single  condition  of  his  taking 
the  oath,  but  it  was  declined.  At  Fort  Warren  the  same 
offer  was  renewed,  and  refused,  as  before,  only  more  em 
phatically.  When  his  imprisonment  at  Fort  Warren  had 
lengthened  into  the  eighth  or  ninth  month,  Judge  Pierpont 
and  General  Dix  paid  a  visit  to  the  Fort.  Dix  magnani 
mously  informed  Macgill  he  could  leave  upon  giving  his 
parole  of  honor,  whereupon  the  General  was  informed  by  the 
unyielding  prisoner  of  state,  that  he  would  neither  degrade 
himself  in  his  own  estimation,  nor  disgrace  his  record  in  the 
eyes  of  his  people.  lie  was  a  Southern  man,  was  born  such, 
and  as  such  he  preferred  to  die  without  a  stain  upon  his  sou! 
in  the  next  world,  or  his  memory  in  this.  This  Reman  firm 
ness  and  adhesion  to  principle  astonished  Dix,  who  indulged 
in  some  apologetic  remarks  concerning  the  course  of  the 
Government.    "There  is  nothing  against  you,  Doctor,  it  is 


CH/ARLES    MACGILL,    M.  D. 


367 


true,"  be  continued,  "but  you  have  been  arrested,  and  are 
now  held  by  the  Government,  and  as  this  has  engendered 
some  hard  feelings,  perhaps,  we  must  hold  you  still."  It  was 
upon  the  occasion  of  this  interview  that  the  Doctor  discovered 
upon  whose  accusation  he  had  been  arrested.  It  was  upon 
the  oath  of  three  men,  John  Schleigh,  Postmaster  at  Hagers- 
town,  appointed  by  Lincoln  as  a  reward  for  the  betrayal  of 
his  neighbors,  John  Cook,  a  blacksmith,  and  one  Robinson, 
a  shoemaker.  This  was  the  first  knowledge  the  Doctor  had 
received  as  to  who  were  his  accusers,  or  to  whom  he  was  in 
debted  for  his  fourteen  months'  enforced  sojourn  in  Forte 
Lafayette  and  Warren. 

Meanwhile,  Dr.  Macgill  continued  his  philanthropic  work  at 
Fort  Warreu,  in  the  visitation  and  treatment  of  the  sick,  with 
the  most  gratifying  results.  On  the  occasion  of  a  large  body 
of  exchanged  officers  leaving  the  Fort,  they  drew  up  and 
placed  in  the  hands  of  the  Doctor  a  most  honorable  testimo- 
nial, recognizing  in  affecting  terms  his  worth,  skill,  and 
kindness.  This  testimonial,  engrossed  on  broad  parchment, 
was  signed  by  every  officer  who  experienced  medical  treat- 
ment at  his  hands.  This  certificate,  framed,  now  hangs  in 
the  Doctor's  office,  and  he  takes  commendable  and  honest 
pride  in  calling  to  it  the  attention  of  visitors.  We  present 
the  reader  with  a  subjoined  copy : 

"  Fort  Warren,  Mass., 
July  31,  18G2. 

To  Charles  Macgill,  M.D.,  of  Hagerstown,  Md.,  now  a  Prisoner 
of  State  at  Fort  Warren  : 
"Your  fellow-prisoners,  confined  with  you  for  many  months  in 
this  Bastile,  have  been  too  often  indebted  to  your  professional 
skill  for  relief  from  painful,  and,  in  many  cases,  most  dangerous 
illness;  and  in  their  social  intercourse  with  you  have  found  so 
much  to  admire,  that  they  cannot,  now  on  the  eve  of  departure 
for  their  beloved  country,  part  without  retui  ning  thanks  and 
giving  expression  to  their  grateful  acknowlei  jgments  of  your 
disinterested  conduct. 


868 


AMERICAN  BASTILE. 


"  Hoping  that  you  may  be  sp( 
ures  of  your  happy  home, 

J.  C.  Brown,  Col.  3d  Tenu.  Vol. 
J .  E.  Bailey,  Col.  49th  Tenn.  Y. 

E.  W.  Gautt,  Brig.-Gen.,  C.  S.  A. 
W.  T.  Glassell,  Lieut.,  C.  S.  N. 
J.  K.  Mitchell,  Comdt.,  C.  S.  N. 
A.  M.  De  Brie,  Lieut.,  C.  S.  N. 
H.  Meyer,  Paymaster,  C.  S.  N. 
A.  Heinman,  Col.  10th  Tenn.  Y. 
J.  Jackson,  Lt.-Col.  27th  Ala.  Y. 
R.  K.  McGavock,  Lt.-Col.  11th 

Tenn.  Yol. 
Ed.  C.  Cook,  Col.  32d  Tenn.  Y. 
Lloyd  Tilghman,  Brig.-Gen.,  C. 

S.  A. 

W.  E.  Baldin,  Col.  14th  Miss. 
Yol. 

W.  M.  Yorhies,  Col.  48th  Tenn. 
Yol. 

Alex.  I.  Brown,  Col.  55th  Tenn. 
Yol. 

W.  L.  Lowell,  Lieut.-Col.  48th 
Tenn.  Yol. 

F.  M.  Boone,  Lieut.-Col.  26th 

Miss.  Yol. 
J.  M.  Wills,  Lieut.-Col.  3d  Miss. 
Yol. 

S.  Baron,  Flag  Officer,  C.  S.  N. 
R.  Fargutaison,  Col.  41st  Tenn. 
Yol. 

A.  A.  Hughes,  Col.  27th  Ala. 
Yol. 

J.  C.  Cranberry,  11th  Ya.  Inf. 
M.  M.  Lellard,  Col.  26th  Tenn. 
Yo1 

N*.  F.  Cheairs,  Maj.  3d  Tenn. 
Yol. 


jdily  restored  to  the  quiet  pleas 

"  We  are  your  friends. 

Jas.  I.  Odell,  Col.  26th  Tenn.  Y. 

G.  Gautt,  Lt.-Col.  9  Tenn.  Yol 

H.  B.  Lyon,  Lieut.-Col.  8th  Ky 

Yol. 

Saml.  K.  Hays,  Q.  M.,  C.  S.  A 
Robt.  G.  McClure,  Lieut.-Col 

41st  Tenn.  Yol. 
John  Gregg,  Col.  Texas  Yol. 
L.  J.  Clay,  C.  S.  A.,  Gen.  Buck 

ner's  Staff. 
A.  G.  Scott,  Capt.  and  Q.  M, 

14th  Miss.  Yol. 
W.  L.  Doss,  Maj.  14th  Miss.  Y. 
C.  B.  Alexander,  Col.  2d  Mo. 

S.  G. 

J.  L.  Gavin,  Maj.  3d  Ala.  Batt. 

F.  G.  Miller,  Maj.  41st  Tenn. 

Yol. 

W.  F.  Singleton,  C.  S.  A.,  Ky 
W.  E.  Rogers,  Maj.  3d  Minn.  Y 
R.  W.  Johnson,  Adj.  15th  Ark. 
Yol. 

Thelson  Youngblood,  Lieut.  C. 

S.  Navy. 
John  B.  Sloan,  Lt.  and  Adj.  S. 

C.  Rifles. 
J.  Wilkinson,  C.  S.  N. 
Jos.  W.  Boyle,  C.  S.  N. 
Thos.  H.  Handy,  Lt.  Crescent 

Art. 

Alex.  Mack,  3d  Louis.  Bat. 
P.LYNCiiLEE,Maj.l5th  Ark.R.Y. 

G.  Waggoner,  Lt.-Col.  10th  Lou 
W.  F.  Estip,  Capt.  2d  Ky.  Yols. 

H.  C.  Lockhart,  Lt.-Col.  50tb 

Tenn.  Yol 


CHARLES    MACGILL,    M.  D. 


R.  H.  Simpson,  Capt.  nth  Ya 

Infantry. 
J.  N.  Galliqher,  Priv.  Sec.  Gen. 

Buckner. 
W.  W.  Mackall,  Brig.-Gen.,  C. 

S.  A. 

J.  Turner,  Maj.  30th  Tenn.  Yol. 
A.  S.  Hamilton,  Lieut.-Col.  1st 

Miss.  Yol. 
S.  F.  Parker,  Maj.  26th  Miss.  Y. 
A.  Glaiden,  Lt.-Col.  18th  Tenn. 

Yol. 

H.  B.  Granberry,  Col.  Texas  Y. 
J.  C.  Palmer,  Col.  18th  Tenn.  Y. 
Edwd.  Pendleton,  Lieut.-Col.  3d 

La.  Yol. 
J.  F.  Gray,  Maj.  48th  Tenn.  Y. 
F.  A.  Lynn,  Maj.  49th  Tenn.  Y. 
Morton  Mayree,  Lt.-Col.  11th 

Ya.  Yol. 
J.  Rivers,  Maj.  49th  Ga.  Yol. 
L.  E.  Brook,  Paymaster,  C.  S.  N. 
A.  F.  Warley,  C.  S.  N. 


369 

S.  B.  Buckner,  Br.-Gen.,  C.  S.  A 
John  McGee,  Col.  15th  Ark.  Y. 
Beverly  Kennow,  Lt.  Com.  C 
S.  N. 

F.  M.  Harris,  C.  S.  N 
James  H.  Toombs,  C.  S.  N. 
Saml.  D.  McChesney,  Capt.  3u 

La.  Bat. 
W.  C.  Whittle,  Jr.,  Lt.  C.  S.  JSL 
J.  W.  Towers,  Lt.-Col.  8th  Geo. 

Yol. 

T.  E.  Stake,  Lt.  2d  Ky.  Yols. 
Roger  W.  Hanson,  Brig.-Gen. 

Ky.  Yols. 
C.  B.  Robinson. 

R.  H.  Murphy,  Lt.-Col.  30th 
Tenn. 

Calvin  Jones,  Adj.  3 2d  Tenn 
Yol. 

Louis  Slaughter,  Lt.  lUh  Ya 
Inf. 

T.  B.  Mockall,  Lt.  and  A.  D.  C 


Time  wore  on,  and  the  Government  began  to  weary  of  the 
care  and  keeping  of  its  state  guests.  They  became  national 
elephants,  expensive  to  keep,  and  not  to  be  gotten  rid  of  hon- 
orably. On  the  26th  of  November,  1862,  an  order  came  to 
release  certain  of  the  state  prisoners  unconditionally,  and 
Dr.  Macgill  and  his  Maryland  compatriots  were  among  the 
number  restored  to  liberty. 

The  following  is  a  list  of  the  discharged  prisoners : 

Geo.  P.  Kane,  Geo.  Wm.  Brown,      Charles  Howard, 

Frank  K.  Howard,  Henrt  M.  Carfield,  Wm.  G.  Harrison, 

Robt.  Hull,  S.  Teakle  Wallis,   Chas.  Macoill, 

Wm.  Gatchell,  Thomas  H.  Hall,     T.  Parkin  Soott. 

Wm.  H.  Winder.  R.  L.  Cutter, 
24 


V 


370  AMERICAN  BASTILE, 

"  The  above-named  persons  are  released,  agreeable  to  the  fol- 
lowing telegram. 

(Signed)  J.  Dimick, 

Col.  1st  Artillery,  Comd'g  Post 

"  'Washington,  Ncv.  26,  1862. 
n  1  Col.  J.  Dimick,  TJ.  S.  Army,  Fort  Warren,  Boston : 

" '  The  Secretary  of  War  directs  that  you  release  all  tho  Mary- 
land state  prisoners,  and  also  any  other  state  prisoner  that  may 
be  in  your  custody,  and  report  names  to  this  office. 

(Signed)  E.  D.  Townsend, 

Assist.  Adjt.  Gcn'l/ 

"True  copy.    Fort  Warren,  B.  H.,  Nov.  27,  1862. 

J.  DixMicK,  Col.  1st  Art'y,  Comd'g  Post." 

From  the  Fort,  they  were  forwarded  to  Boston,  and  there 
abandoned  by  the  Government,  without  transportation  to 
their  homes,  and  very  many  of  them  without  means.  Dr. 
Macgill  was  among  the  more  fortunate  of  the  abandoned 
guests  of  the  Government,  turned  so  unceremoniously  out 
side  tho  hospitable  doors  of  Fort  Warren,  where,  for  months, 
it  had  been  the  constant  care  of  the  Government  to  keep  him 
from  his  family  and  from  his  extensive  practice.  Upon 
reaching  Baltimore,  he  was  welcomed  by  his  friends  with  an 
enthusiasm  unbounded.  He  remained  in  Baltimore  a  few 
days,  the  guest  of  his  hospitable  friend,  Thomas  C.  Jenkins, 
Esq.,  and  then  set  out  for  that  home  from  which  he  had  been 
bo  ruthlessly  dragged  fourteen  months  before.  He  was  met 
on  the  road  by  his  old  friends,  in  carriages,  who  took  him 
from  the  public  stage,  and  escorted  him  to  his  home,  where 
many  others  were  awaiting  his  arrival. 

Here,  quietly  resuming  the  practice  of  medicine  and  sur- 
gery, he  remained  until  General  Lee  invaded  Maryland,  in 
the  summer  of  1863.  His  old  spirit,  unbroken  by  imprison- 
ment, began  to  stir  the  blood  of  the  Macgills  again.  He  felt 
eb  if  ne  had  been  wronged,  his  rights  disregarded,  and  the 
Government,  to  which  he  looked  for  protection,  had  become 


CHARLES    MACGILL,   M.  D. 


371 


his  oppressor.  His  long,  unjust  imprisonment  in  American 
Bastiles  bad  alienated  his  sympathies  and  love  from  a  Govern- 
ment for  which,  before,  he  would  have  sacrificed  his  life.  At 
this  auspicious  day,  when  it  looked  as  if  Lee  had  effected  a 
permanent  lodgment  in  Maryland,  Dr.  Macgill  established, 
at  Ilagerstown,  in  that  State,  a  hospital  for  the  sick  and 
wounded,  and  received  into  it  hundreds  of  the  Confederates, 
wounded  at  Gettysburg  and  the  battles  in  Maryland.  He 
superintended  it  in  person,  and  his  noble  example  aroused  to 
active  duty  the  whole  Southern  sympathy  of  Washington 
County ;  the  ladies',  particularly,  whose  devotion  was  beyond 
all  praise.  When  General  Lee  was  compelled  to  fall  back, 
and  place  the  Potomac  between  his  army  and  the  enemy,  the 
Doctor  knew  he  could  no  longer  remain  in  his  native  State 
with  safety. 

Duty  also  drew  him,  and  he  then  and  there  cast  his  lot 
with  the  fortunes  of  the  Southern  Confederacy,  then  passing 
through  the  black  eclipse  of  that  dreadful  slaughter  on  the 
heights  of  Gettysburg.  Packing  a  case  of  instruments, 
equipped  in  his  cvery-day  garments,  he  reported  to  Genera) 
Lee,  and  with  him  fell  back  to  Virginia'.  But  his  instru- 
ments were  hardly  idle  an  hour,  for  many  days  of  dreadful 
agony  and  suffering  to  hundreds  of  wounded.  At  Williams- 
port,  Marti nsburg,  or  wherever  a  wounded  Confederate  was  to 
be  found,  there  was  Dr.  Macgill,  with  his  lint  and  bandages, 
his  knife  and  saw,  if  necessary.  When  Lee  had  taken  up 
his  new  position,  and  all  danger  of  pursuit  had  passed,  he 
went  to  Eichmond  and  met  President  Davis,  and  without 
any  solicitation  on  his  part  was  appointed  by  Davis  full 
Surgeon  in  the  Army  of  Northern  Virginia.  In  the  next 
campaign,  that  of  1864,  Dr.  Macgill  signally  distinguished 
himself  and  rendered  most  efficient  service.  At  the  bat- 
tics  of  the  Wilderness  and  Spottsylvania  he  was  constantly 
with  the  Army  of  Northern  Virginia,  and  was  of  invaluable 
service  to  them  in  many  respects,  unto  the  end.  lie  sur- 
rendered with  the  remnant  of  that  army  at  Appomattox 
Court-house,  having  contended  like  a  good  physician  to  the 


372 


AMERICAN  BASTILE. 


last,  that  "  while  there 's  life  there 's  hope."  Knowing  that 
he  would  not  be  permitted  to  return  to  his  home  in  Mary- 
land, unless  he  asked  a  pardon,  which  he  would  not  do,  he 
identified  his  interests  entirely  with  those  of  Virginia.  He 
now  resides  in  Richmond  with  his  family,  in  the  enjoyment 
of  a  most  lucrative  and  growing  practice,  and  drives  in  his 
gig  the  same  gray  horse  upon  whose  back  he  surrendered 
in  April,  1865. 

Dr.  Macgill  is  sixty-two  years  of  age,  of  a  physique  not 
unlike  that  of  the  late  General  Winfield  Scott,  broad  shoul- 
ders, large  head,  smooth-shaven  face,  features  full  and  bold  in 
outline,  indicative  of  an  iron  will  and  energy,  and  an  intel- 
lect of  force  and  method.  He  has  lived  what  he  himself 
terms  a  well-ordered  and  careful  life,  and  as  a  consequence, 
his  health  and  vigor  at  sixty-two  is  as  well  preserved  as  that 
of  the  majority  of  men  at  forty. 

At  the  same  moment  when  Dix  was  apologizing  for  the 
unjust  incarceration  of  the  distinguished  state  prisoner  in 
Fort  Warren,  the  Government,  through  other  officials,  was 
acting  in  quite  a  different  manner.  His  house  in  Hagers- 
town,  where  his  tfife  and  daughters  resided,  was  guarded, 
and  no  one  permitted  to  enter  or  leave  it  without  permission. 
Articles  of  food  were  prohibited.  Meals  prepared  by  the 
servants  were  taken  and  eaten  by  the  guards,  and  petty  indig- 
nities continually  offered  them.  When  the  army  fell  back 
after  the  battle  of  Gettysburg,  the  house  was  surrounded  and 
taken  possession  of  by  Kilpatrick's  men,  who  were  looking 
for  the  Doctor  to  hang  him,  as  their  officers  said.  An  officer 
isked  his  daughter  where  her  father  was  —  at  the  same  time 
•putting  a  pistol  to  her  head,  and  saying,  "By  the  gods  !  woman 
as  you  are,  I  have  a  mind  to  blow  your  brains  out."  She  put  the 
pistol  aside  and  said,  "  When  you  behave  like  a  gentleman, 
I  will  answer  you  ;  "  and  afterward  remarked,  "  The  Doctor 
has  gone  with  Lee's  army."  But  they  would  not  believe  it, 
and  so  anxious  were  they  to  hang  him  that  they  took  posses- 
sion of  the  house  again,  and  held  Mrs.  Macgill  and  her 
daughters  prisoners  for  five  weeks.     During  the  time  of 


CHARLES    MACGILL,    M.  D. 


373 


their  imprisonment,  an  order  was  sent  them  by  Genera. 
u  Baldv  "  Smith  to  prepare  to  leave  for  the  South.  The  order 
was  not  carried  out,  as  Mrs.  Macgill  and  her  little  son  were 
ill  at  the  time,  and  a  Federal  doctor  testified  that  she  could 
not  be  removed. 

Then  an  order  came  from  him,  to  take  two  of  her  daugh- 
ters, Mrs.  Robert  Swan  and  Alice,  across  the  lines,  as  the 
neighbors  had  sworn  that  a  Federal  soldier,  who  had  been 
killed  in  front  of  her  house  in  a  fight  the  day  before,  hac 
been  shot  by  them  from  the  windows.  General  Smith  after, 
ward  gave  the  names  of  the  informers  to  a  member  of  Dr. 
Macgill 's  family.  They  were  neighbors,  and,  although  mem 
bers  of  church,  had  perjured  themselves.  Permission  was 
asked  of  General  Smith  to  allow  the  daughters  to  remain 
twenty-four  hours  with  their  mother,  but  he  positively  re- 
fused. Their  trunks  were  packed  and  every  article  examined 
by  one  Lieutenant  Mullenburg  of  Smith's  staff,  afterward 
Brevet  Major  of  5th  Artillery. 

They  were  taken  to  Baltimore  in  charge  of  a  guard,  then 
taken  before  Colonel  Fish,  acting  Provost  Marshal,  (who  was 
afterward  sent  to  the  Albany  Penitentiary.)  He  treated 
them  in  a  most  insulting  manner.  Their  trunks  were  exam- 
ined, and  they  were  confined  all  night  under  guard  in  a  filthy 
garret  filled  with  rats  and  vermin.  The  next  day  they  were 
sent  with  a  guard  to  Winchester,  Virginia.  They  were 
obliged  to  pay  all  expenses,  or  their  trunks  would  have  been 
taken  from  them.  Mrs.  Macgill's  house  was  searched  every 
day  for  two  weeks  by  Kilpatrick's  men,  carpets  torn  up, 
locks  broken,  ostensibly  for  the  purpose  of  finding  arms  or 
flags,  (which  they  never  did,)  but  their  real  object  wa3  pil- 
fering. 

The  wife  of  Dr.  Charles  Macgill,  Jr.,  came  from  Shep- 
pardstown,  Virginia,  to  visit  her  mother-in-law,  bringing 
with  her  a  child  four  years  old,  and  an  infant  of  six  weeks. 
They  had  not  been  in  Hagerstown  two  hours  when  a  squ&d 
of  soldiers  came  to  the  house  and  arrested  her  on  the  charge, 
by  a  neighbor,  that  she  had  brought  a  mail  from  the  South 


874 


AMERICAN  BASTILE. 


with  her.  She  was  torn  from  her  children,  put  into  a  buggy 
with  a  soldier,  and  sent  to  Harper's  Ferry,  where  she  arrived 
late  at  night.  She  was  then  taken  before  General  Sullivan, 
who,  when  he  heard  her  statement,  was  shocked  at  such 
cruelty,  and  sent  her  back  to  her  children  the  next  morning, 
in  an  ambulance,  with  one  of  his  staff.  But  the  persecution 
of  Mrs.  Macgill  had  not  yet  ceased. 

In  1864,  a  squad  of  soldiers  entered  her  house,  with  an 
order  from  the  Secretary  of  War,  ordering  her  and  her  daughters 
to  leave  their  house,  giving  them  twenty  minutes  to  collect 
some  clothing.  When  they  were  preparing  to  depart,  one  of  the 
soldiers  was  observed  filling  his  pockets  with  spoons,  which 
her  daughter  took  from  him.  The  soldiers  kept  possession 
of  the  house  several  weeks,  stole  many  valuable  things,  and 
Mrs.  Macgill  only  succeeded  in  getting  them  back  through 
the  influence  of  a  Union  friend  and  Francis  Thomas,  a  mem- 
ber of  Congress  from  that  district.  Such  were  some  of  the 
persecutions  to  which  Dr.  Charles  Macgill  and  his  family 
were  subjected.  Envy,  malice,  cruelty,  and  rapine  were  at 
the  bottom  of  it  all.  While  he  was  ministering  to  the  wants 
of  the  Federal  army,  the  Federal  Government  was  laying 
its  oppressive  hands  upon  him  and  his  family,  until,  finally, 
more  despotic  than  the  King  of  Dahomey,  it  drove  them 
from  the  land  of  their  birth. 


GENERAL  GEORGE  W.  JONES. 


rpiIE  following  sketch  of  General  George  W.  Jones  we 
extract  from  Lanman's  "  History  of  Congress,"  of  1859  : 
"Jones,  George  W.,  born  at  Vincennes,  Indiana,  and  gradu 
ated  at  Transylvania  University,  Kentucky,  in  1825.  He 
was  bred  to  the  law,  but  ill  health  prevented  him  from  prac- 
tising. He  was  Clerk  of  the  United  States  District  Court  in 
Missouri  in  1826  ;  served  as  an  aide-de-camp  to  General  Henry 
Dodge  in  the  Black  Hawk  war;  was  chosen  Colonel  of  Mili- 
tia in  1832,  subsequently  Major-General  —  also  as  Judge.  In 
1835  was  elected  Delegate  to  Congress  from  the  Territory  of 
Michigan,  and  served  four  years.  In  1839  was  appointed  by 
President  Van  Buren  Surveyor  General  of  the  Northwest  — 
was  removed  in  1841,  on  account  of  his  politics,  but  re-ap- 
pointed by  President  Polk,  and  remained  in  the  office  until 
1849.  In  1848  he  was  elected  an  United  States  Senator  from 
Iowa  for  six  years,  and  re-elected  in  1852,  and  is  now  Chair- 
man of  the  Committee  on  Pensions,  and  on  Enrolled  Bills, 
and  a  member  of  the  Committee  on  Territories."  General 
Jones's  term  of  service,  as  Senator,  expired  on  the  4th  of 
March,  1859. 

When  his  old  political  and  personal  friend,  President  Bu- 
chanan, with  whom,  as  Delegate  and  Senator,  he  had  served 
for  several  years  in  Congress,  unknown  to  him,  or  to  any 
friend,  save  the  members  of  his  Cabinet,  nominated  him  to  the 
Senate  as  United  States  Minister  Resident  at  Bogota,  the 
nomination,  at  the  instance  of  Senators  Harlin  and  Grimes, 
of  Iowa,  political  opponents,  was  unanimously  confirmed, 
without  a  reference  to  the  Committee  on  Foreign  Relations, 
as  is  usual,  the  rules  of  the  Senate  having  been  unanimously 
suspended  for  the  purpose. 

8T5 


376 


AMERICAN  BASTILE. 


General  Jones,  being  informed  of  the  high  compliment 
paid  him  by  the  Administration  and  the  Senate,  immediately 
declined  an  acceptance  of  the  same.  But  on  his  return  home 
to  Dubuque,  Iowa,  he  was  induced  by  his  family  and  friends 
(bis  physicians  at  Washington  City  and  Dubuque  concurring 
therein,  as  a  means  of  restoring  his  health,)  to  signify  to  the 
President  that  he  would  recall  his  letter  declining  the  honor- 
able position,  if  agreeable  to  that  officer. 

Mr.  Buchanan,  believing  that  the  General  would  regret  his 
refusal  to  accept  the  position,  purposely  refused  to  make  any 
other  appointment,  though  often  and  earnestly  urged  to  do 
so,  by  applicants  for  the  mission.  He  directed  General  Cass, 
the  Secretary  of  State,  to  notify  General  Jones  of  his  re-ap- 
pointment, requesting  him  at  the  same  time  to  return  to 
Washington  for  his  instructions,  and  to  proceed  to  the  Lega- 
tion at  Bogota,  which  he  very  promptly  did.  Sailing  from 
Few  York  on  the  7th  of  May,  1859,  and  receiving  at  the 
time  highly  complimentary  notices  from  the  press,  and,  as  he 
rode  down  the  bay,  a  salute  from  the  guns  at  Fort  Lafayette, 
little  did  he  then  think  that  ere  three  years  should  elapse  he 
would  spend  three  long,  wearisome  months  in  that  Fort,  a 
victim  to  the  perfidy  of  William  H.  Seward. 

General  Jones  having  successfully  arranged  the  important 
international  question  which  hurried  him  to  Bogota,  under 
the  orders  of  Secretary  Cass,  obtained  a  leave  of  absence,  and 
returned  home  in  the  summer  of  1860,  where  he  received  at 
the  hands  of  all  parties — the  whole  community  participating 
therein — a  magnificent  ovation,  such  as  had  scarcely  ever 
been  tendered  to  any  public  servant  on  returning  to  his  home. 
Public  meetings  of  the  citizens  and  of  the  City  Council  were 
called  by  order  of  the  Mayor,  then,  and  still,  a  leading, 
wealthy,  and  influential  Republican,  to  make  arrangements 
for  his  reception,  the  Mayor  and  Council  crossing  the  Missis- 
sippi to  welcome  him  on  his  arrival.  On  landing  on  the 
wharf  at  his  home,  he  was  met  and  escorted  by  a  committee 
of  reception  on  the  part  of  the  people,  when  Mr.  Bissell,  tho 
late  Republican  Attorney  General  of  Iowa,  as  orator  of  the 


GENERAL    GEORGE    W.  JONES. 


377 


day,  made  an  eloquent  and  pathetic  reception  address.  A 
long  procession  of  military,  and  citizens  on  foot,  in  carriages, 
and  on  horseback,  escorted  the  General  to  his  residence  in  the 
suouros,  on  the  Bluff,  when  he  was  again  the  recipient  of  six 
or  seven  other  formal  addresses  by  the  commanders  of  volun- 
teer companies  and  others  of  the  legal  profession. 

General  Jones  returned  to  his  mission  in  South  America 
in  the  fall  of  1860  ;  and,  finding  the  country  there  involved 
in  civil  war,  which  broke  out  during  his  absence,  he  made 
the  most  strenuous  efforts,  with  both  parties  engaged  in  it, 
to  procure  a  reconciliation  and  cessation  of  hostilities,  as  his 
despatches,  on  file  in  the  State  Department  at  Washington, 
fully  show.  Those  despatches  are  conclusive  that  he  would 
have  succeeded,  in  all  probability,  in  making  peace  between 
the  contending  parties,  but  that  the  Government,  or  Conser- 
vative party,  as  it  was  called,  could  not  brook  the  idea  of 
treating  with  the  rebels,  or  Liberals,  as  the  other  party  was 
designated.  The  latter  party,  under  General  Mosquera,  tri- 
umphed over  the  Government,  and  took  possession  of  the  city 
of  Bogota  on  the  18th  of  July,  1861. 

The  correspondence  of  the  Minister  Resident  Jones  with 
the  State  Department,  under  Secretary  Cass,  first,  and  Sew- 
ard, his  successor,  shows  that  he  made  use  of  great  tact  and 
energy,  if  not  ability,  in  his  efforts  to  procure,  by  compro- 
mise concessions,  an  amendment  of  the  laws  or  of  the  Consti- 
tution, to  bring  about  a  peace  even  before  the  expenditure  of 
any  great  amount  of  money  or  effusion  of  blood,  for  which  ef- 
forts he  was  highly  complimented  by  all  parties  at  the  Court 
to  which  he  was  accredited,  as  well  as  by  both  Administra- 
tions of  the  Government  at  "Washington. 

General  Jones  was  recalled  by  Secretary  Seward  as  early 
as  March,  immediately  after  the  induction  of  that  function- 
ary into  the  Secretaryship.  The  letter  of  recall  itself,  being  of 
the  most  complimentary  character,  much  surprised  the  Presi- 
dent of  the  Republic — Mosquera — when  he  read  it.  He  re- 
marked, as  he  did  so,  that  it  was  strangely  contradictory, 
indeed,  thus  to  treat  a  public  servant,  acknowledged  in  that 


378 


AMERICAN  BASTILE. 


letter,  as  he  was,  to  have  been  faithful  and  efficient,  and  by 
both  Governments.  But,  as  the  letter  said,  the  President 
and  his  Cabinet  had  "  their  friends  to  reward,  and  their 
political  enemies  to  punish/'  and  accordingly  the  fiat  was 
sent  forth. 

General  Jones  did  not  reach  the  Federal  City  until  Decern 
bcr  5,  1861,  his  successor  not  having  arrived  at  Bogota,  t6 
relieve  him,  until  the  1st  of  November  preceding. 

On  his  arrival  at  Washington,  the  General  was  met  first 
by  Secretary  Seward,  at  the  entrance  of  the  State  Depart- 
ment, and  greeted  in  the  most  affectionate  and  cordial  man-  *• 
ner,  in  the  presence  of  a  regiment  of  infantry  from  Cayuga 
County,  New  York,  and  some  hundreds  of  citizens  and 
strangers  then  present.  Mr.  Seward  conducted  him  to  the 
President's  mansion,  both  being  followed  by  the  regiment 
and  people,  where,  after  President  Lincoln  had  addressed  the 
troops  en  route  South,  Mr.  Seward,  formally  and  in  an  im- 
posing manner,  introduced  General  Jones  to  the  Chief  Magis- 
trate as  "Our  friend,  General  Jones,  just  returning  as  Min- 
ister from  Bogota."  Mr.  Lincoln,  being  equally  warm  and 
friendly  in  his  reception  of  the  General,  said  that  he  recol- 
lected forming  a  short  but  pleasant  acquaintance  with  him  at 
Springfield,  some  fifteen  years  before;  which  Mr.  Jones  no* 
recollecting,  the  President  invited  him  to  call  on  him  the 
next  eveuing,  at  eight  o'clock,  when  he  would  explain  the 
circumstance  of  their  first  introduction  to  each  other. 

The  following  evening  he  called,  and  was  kindly  and  re- 
spectfully treated  by  Mr.  Lincoln,  in  the  presence  of  the 
M  Blair  family,"  as  he  (Lincoln)  termed  F.  P.  Blair,  Senior 
and  Junior,  and  the  Postmaster  General.  There  were  other 
gentlemen  present,  among  them  Mr.  George  D.  Prentice,  of 
the  "Louisville  Journal,"  who  was  endeavoring  to  effect  tho 
release  from  imprisonment  of  Dr.  Gwin,  late  Senator  from 
California,  Mr.  Calhoun  Brcnham,  his  brother-in-law,  and 
Mr.  Brent,  they  having  been  arrested  by  General  Sumner,  on 
l>oard  the  steamer  "Uncle  Sam,"  at  Panama,  New  Granada 
in  November,  1801,  and  were  then  prisoners  in  Fort  Lafuy- 


GENERAL    GEORGE    W.  JONES. 


379 


ette.  These  arrests  were  made  in  violation  of  the  laws  of 
our  own  countrjT,  of  nations,  and  of  the  treaty  with  New 
Granada. 

11  C  h  !  what  a  tangled  web  we  weave, 
When  first  we  practise  to  deceive." 

While  at  Washington,  Secretary  Seward  gave  General 
Jones  a  diplomatic  dinner,  and  extended  to  him  other  and 
the  usual  civilities  between  old  friends.  Strange  and  incom- 
prehensible as  it  may  appear,  Seward,  the  Talleyrand  of  the 
day,  was  all  the  while  meditating  the  arrest  and  imprison- 
ment of  his  old  friend  and  companion,  to  whom  he  had  for 
years  extended  acts  of  hospitality  and  civility,  just  as  he 
had  done  toward  our  returning  Minister  Plenipotentiary  to 
France,  the  Hon.  Charles  J.  Faulkner,  of  Virginia,  who,  as 
he  too  was  on  his  way  to  join  his  family,  was  arrested  and 
immured  in  Fort  Lafayette. 

General  Jones  remained  in  Washington  for  the  settlement 
of  his  accounts  as  Minister  returning  home,  until  the  19th 
of  December,  when  he  took  leave  of  his  old  Senatorial 
associate,  Secretary  Seward,  who  expressed  an  apparently 
earnest  hope  that  he  might  have  a  speedy  and  pleasant  trip, 
find  his  family  well,  etc. 

On  his  arrival  in  New  York  city,  General  Jones  was 
arrested,  at  the  "  New  York  Hotel,"  by  Detective  Farley, 
on  the  following  telegram  from  Secretary  Seward : 

"  Washington  City,  D.  C,  December  19,  1861. 
"Hon.  George  W.  Jones,  late  Senator  in  Congress  from  Iowa, 
and  late  Minister  to  Bogota,  leaves  hero  this  afternoon  for  New 
York.    Arrest  him,  and  send  him  to  Fort  Lafayette 

(Signed)  Wm.  II.  Seward." 

This  despatch  was  addressed  to  Kennedy,  the  Superin- 
tendent of  Police,  and  was  ail  the  authority  which  ho  said 
he  had  for  his  arrest.  General  Jones  availed  himself  of  per- 
mission to  write  a  letter  to  his  wife,  who  was  to  meet  him 
in  the  city,  on  the  25th  instant,  detailing  his  arrest,  etc 
Telegraphic  despatches  were  sent  to  the  President  and  the 


380 


AMERICAN  BASTILE. 


Eowa  delegation  in  Congress,  soliciting  a  hearing  at  TVash* 
ington,  or  elsewhere.  He  received  no  reply  to  either  des- 
patch, nor  was  he  ever  informed  of  the  cause  of  his  arrest, 
further  than  a  conversation  with  a  friend,  after  his  release, 
enlightened  him.  This  friend  had  a  conversation  with 
Seward,  in  which  the  latter  remarked,  "  that  nothing  had 
ever  pained  him  so  much  as  to  have  been  compelled  to  arrest 
and  imprison  General  Jones,  but  that  it  was  necessary  to 
make  examples  of  the  heads  of  families  and  parties  some- 
times." 

He  evidently  intended  to  punish  the  General,  because  one 
of  his  sons  had  gone  South  in  April,  1861,  although  unknown 
to  him,  and  while  he  was  five  thousand  miles  away.  He 
knew  nothing  of  the  fall  of  Fort  Sumter,  or  the  commence- 
ment of  civil  war,  until  in  May,  1861. 

He  was  taken  in  a  carriage  to  Fort  Hamilton,  thence  to 
Fort  Lafayette,  where  he  was  conveyed  from  the  sally-port 
to  the  Commandant's  office.  He  was  required  to  divest  him- 
self of  his  clothing,  and  give  up  his  purse  and  its  contents,  his 
watch,  pocket-knife,  pencil,  and  even  his  gold  studs,  and  the 
sleeve  and  collar  buttons  on  his  shirt.  His  trunks  were  kept  at 
the  Police  headquarters  in  New  York,  where  they  were  ran- 
sacked, and  his  private  papers,  and  letters  from  his  wife  and 
children,  examined  and  read.  The  same  thing  was  done  at 
Forts  Hamilton  and  Lafayette,  before  he  received  them. 

On  entering  the  casemate,  the  General  was  furnished  with 
a  dirty  straw  pallet  and  an  iron  bedstead,  without  sheet, 
blanket,  or  pillow.  The  food  furnished  the  prisoners  was 
meagre  in  quantity  and  poor  in  quality,  and  inferior  to  that 
furnished  to  the  garrison. 

They  would  have  suffered  for  the  necessaries  of  life,  but  for 
the  humane  attention  of  such  charitable,  Christian  ladies  as 
Mrs.  George  A.  Gelston,  of  Fort  Hamilton  ;  Mrs.  Sullivan 
and  Mrs.  Lucy  Dodge  Leadbeater,  of  New  York ;  Mrs.  Dr. 
Cuthbert,  (whose  husband  was  a  prisoner  in  the  Fort :)  Mrs. 
Austin  Dale  and  Mrs.  Norris,  of  Baltimore,  and  many  others 
like  them  from  Philadelphia,  who  sent  them  tea,  coffee,  sugar, 


GENERAL    GEORGE    W.  JONES. 


381 


and  meats,  and  medicines,  as  well  as  bedclothes  and  wearing 
apparel.  These  ladies  received  no  return  but  the  prayers  of 
the  prisoners  and  the  consciousness  of  having  done  noble  acts. 

The  General  is  confident  that  the  treatment  which  he  and 
his  fellow-prisoners  endured  in  the  Fort  was  worse  than  that 
shown  to  prisoners  in  penitentiaries,  confined  for  the  most 
diabolical  offences. 

General  Jones  and  his  fellow-prisoners  were  required  to 
sweep  and  scrub  the  brick  floors  of  their  casemates,  or  allow 
them  to  remain  as  filthy  as  they  found  them.  They  had  to 
carry  in  their  wood  and  coal,  after  obtaining  the  necessary 
permission  from  the  sergeant,  empty  their  slops,  and  perform 
still  more  menial  offices.  He  learned  to  cook  and  wash.  The 
other  prisoners  desired  to  do  it  for  him,  but  the  Genera] 
refused,  saying  that  he  was  born  in  the  West,  and  would 
share  their  privations  with  them. 

When  not  dreaming  of  giving  offence,  they  were  addressc  d 
in  the  most  offensive  language  by  the  soldiers  as  they  passed 
them,  (always  by  permission,)  in  going  to  their  meals,  to  the 
cistern  for  water,  to  the  wood  or  coal  pile,  or  to  the  rear.  A 
musket  with  a  fixed  bayonet  was  sometimes  placed  at  their 
breasts. 

On  one  occasion,  as  General  Jones  was  passing  from  his 
casemate  diagonally  across  the  court  or  area  of  the  Fort,  the 
sentry  in  a  gruff  and  insulting  tone  commanded  him  to 
"  halt,"  and  demanded  to  know  where  he  was  going,  present- 
ing, as  he  spoke,  his  musket  and  bayonet  at  a  charge.  The 
General  replied,  "  To  the  Kentucky  room,  to  take  some  med 
icine  to  a  sick  friend,  and  by  permission  of  Lieutenant  C.  0. 
Wood."  The  guard  then  ordered  him  to  pass  around  the 
other  way,  saying,  "  I  have  a  mind  to  give  you  the  contents 
of  this,"  alluding  to  his  gun.  On  another  occasion,  he  heard 
a  soldier,  on  guard,  curse  a  gentleman  in  the  water-closet, 
because  he  did  not  sit  down  upon  the  bench  or  plank,  which 
was  literally  covered  with  mud  and  filth.  The  soldier  en- 
forced his  order  by  presenting  his  bayonet  at  the  prisoner  s 
breast ;  and  had  he  not  obeyed,  he  would  either  have  been 


382 


AMERICAN  BASTILE. 


shot  or  run  through,  for  the  brutality  of  the  soldiers  3carce 
knew  any  bounds. 

We  give  but  one  more  incident,  although  we  could  men- 
tion many.  A  few  days  before  the  General  left  the  Fort, 
Mr.  Burnett,  of  Kentucky,  was  placed  in  the  guard-house, 
merely  because  he  walked  to  and  from  the  rear  with  Mr.  Coe, 
of  Baltimore,  with  whom  he  was  engaged  in  conversation. 
The  General  was  intimately  acquainted  with  Burnett,  who 
had  been  a  class-mate  of  one  of  his  sons  at  the  Kentucky 
Military  Institute.  Hence  he  dared  incur  the  displeasure  of 
the  soldiers,  by  appealing  in  his  behalf  to  the  commander, 
who,  after  much  solicitation,  released  the  prisoner  on  the  fol- 
lowing morning.  These  brutal  actions  of  the  soldiery  were 
evidently  encouraged  by  Lieutenant  C.  0.  Wood,  a  favorite 
of  Mr.  Lincoln's,  and  one  of  his  appointees.  He  was  a  very 
depraved  man,  and  totally  unfit  for  the  grade  of  a  lieutenant 
His  character  is  well  delineated  by  Cowper,  as  having 

"A  sordid  mind, 
Bestial,  a  meagre  intellect,  unfit 
To  be  the  tenant  of  man's  noble  form." 

General  Jones  was  discharged  on  the  22d  of  February, 
1862,  after  an  incarceration  of  sixty-four  days.  We  are  un- 
able to  give  the  real  cause  of  the  arrest  and  imprisonment 
of  the  subject  of  this  notice,  for,  at  the  time,  one  of  the  New 
York  newspapers,  in  the  confidence  of  the  Government, 
stated  that  it  was  because  of  treasonable  letters  written  from 
Bogota  to  Jefferson  Davis,  and  other  Southern  men,  giving 
them  aid  and  comfort.  Another  averred  that  it  was  because 
he  (Jones)  had  sent  two  of  his  sons  to  the  South  to  fight  for 
secession.  The  facts  are  as  follows:  General  Jono?  had 
formed  his  first  acquaintance  with  Mr.  Davis,  in  1820-21,  at 
Transylvania  University,  Kentucky.  They  afterward  served 
together  in  the  Black  Hawk  war  in  1832,  in  Congress  in 
1838,  and  were  room-mates  while  in  Washington  —  were 
brother  Senators  previous  to  and  after  Davis  was  Secretary 
of  War  under  President  Pierce.    They  corresponded  through 


GENERAL    GEORGE    W.    JONES.  383 

a  period  of  thirty-five  years,  and  continued  to  do  so  until 
after  the  inauguration  of  civil  war.  "While  Minister  to 
Bogota,  letters  were  passing  and  repassing  between  them,  in 
many  of  which  he  stoutly  denounced  secession  as  disintegra- 
tion, and  subversive  of  our  republican  institutions.  The  last 
letter  he  received  from  Davis  was  dated  January  10,  1861, 
and  was  in  answer  to  one  of  his  own,  soliciting  the  co-opera- 
tion of  Air.  Davis  in  hating  his  son,  William  A.  B.  Jones, 
reinstated  to  a  lieutenancy  in  Colonel  Joseph  E.  Johnston's 
cavalry  regiment,  which  position  he  had  resigned  through 
the  mistaken  advice  of  the  Surgeon  of  the  regiment.  The 
disloyal  letter  which  Mr.  Seward  avers  he  dropped  in  the 
State  Department,  when  closing  his  accounts,  and  which  he 
published  in  a  mutilated  form,  giving  garbled  extracts  which 
gave  it  another  meaning,  contained  his  last  admonition  to 
Mr.  Davis  of  the  fallacy  of  secession,  which  was  then  threat- 
ened by  the  South,  and  pleading  for  them  "  to  remain  in 
the  Union,  and,  if  necessary,  to  fight  for  their  rights  under  the 
Constitution  in  the  Union"  further  pledging  himself  and  sons 
to  stand  by  and  light  with  them,  if  necessary.  This  letter 
he  sent,  with  his  other  correspondence,  through  the  State  De- 
partment, as  he  had  done  when  General  Cass  was  secretary 
of  State,  and  which  was  the  custom,  and  one  that  General 
James  Watson  Webb,  his  (Seward's)  bosom  friend,  availed 
himself  of,  when  arrested  for  debt  in  "New  York,  previously 
to  his  departure  as  Minister  to  Eio  de  Janeiro,  under  Seward's 
appoiutment.  The  contents  of  this  letter,  and  other  letters 
written  by  General  Jones  to  his  family  and  friends,  before  he 
was  aware  that  civil  war  had  broken  out  in  the  United 
States,  (a  fact  which  he  did  not  learn  until  the  latter  part  of 
May,  186!,)  were  violated  by  the  Secretary,  and,  after  being 
read,  were,  as  it  is  supposed,  filed  away  in  the  archives  of 
the  State  Department,  as  trophies  of  the  duplicity  of  a  man, 
who,  in  his  official  capacity,  as  Secretary  of  State,  by  his 
correspondence  with,  and  subserviency  to  crowned  heads, 
did  more  than  all  bis  predecessors  to  lower  the  dignity  and 
honor  of  the  United  States. 


384 


AMERICAN  BASTILE. 


Hi 3  sycophantic  and  cowardly  course  in  the  Trent  affair 
and  with  the  Emperor  of  France,  particularly  in  reference  to 
the  Monroe  doctrine,  as  applied  to  the  late  war  in  Mexico, 
his  deceptive  course  toward  Fenianism,  by  first  inducing  the 
march  into  Canada,  and  then  by  shamefully,  ignorantly,  and 
dastardly  permitting  American-born  and  naturalized  citizens 
to  be  imprisoned  and  executed,  under  the  British  Govern- 
ment, should  consign  him  to  disgrace,  as  history  will  his 
□ame,  to  "  fester  in  the  infamy  of  years." 

M  In  friendship  false,  implacable  in  hate  ; 
Resolved  to  ruin  or  to  rule  the  state  ; 
To  compass  this,  the  triple  bond  he  broke 
The  pillars  of  the  public  safety  shook." 


SAMUEL  H.  BUNDY,  M.D. 


DR.  SAMUEL  H.  BUNDY  was  born  near  the  Cumberland 
River,  in  Smith  County,  Tennessee,  on  the  8th  of  April, 
1822.  His  father  was  a  respectable  farmer,  of  French  de- 
scent, who  emigrated  from  North  Carolina  to  that  State  at 
an  early  period  of  its  settlement.  He  labored  on  the  farm 
with  his  father  until  about  his  sixteenth  year,  when  he  was 
sent  to  Wirt  College,  then  a  flourishing  school  near  Castalian 
Springs,  in  his  native  State,  where  he  received  a  substantial 
education.  After  leaving  college,  he  entered  upon  the  study 
of  the  law,  and  was  admitted  to  the  bar  in  1846  ;  but  having 
a  dislike  for  that  profession,  he  soon  abandoned  it,  and  studied 
medicine,  which,  being  more  congenial  to  his  tastes  and 
sympathies,  he  has  closely  followed  to  the  present  time. 

In  1852,  he  removed  with  his  family  to  Williamson  County, 
Illinois,  where  he  has  since  resided,  and  held  a  prominent 
place  in  the  political  and  educational  affairs  of  his  adopted 
State.  Having  been  reared  near  the  residence  of  the  im- 
mortal Jackson,  and  his  father  having  served  under  him 
through  the  War  of  1812,  he  early  became  a  warm  admirer 
of  the  policy  of  that  eminent  statesman,  and,  of  course,  iden- 
tified with  the  Democratic  party ;  and  being  a  speaker  of 
considerable  fluency  and  power,  he  has  frequently  taken  the 
stump  in  defence  of  its  principles. 

In  the  canvass  of  1860,  he  took  a  deep  interest,  and  warned 
the  people,  wherever  he  addressed  them,  with  almost  pro- 
phetic accuracy,  of  the  terrible  calamity  that  would  result 
from  the  elevation  of  a  sectional  candidate  to  the  Presidency. 
During  the  campaign,  he  dealt  many  heavy  blows  against 
the  party  represented  by  Mr.  Lincoln  ;  but  being  decidedly 
conservative  in  feeling,  he  neither  held  extreme  views,  nor 

25  385 


386 


AMERICAN  BASTILE. 


gave  utterance  to  the  violent  language  indulged  in  by  such 
men  as  Logan,  Kuykendall,  Palmer,  and  others.  And  in 
1861,  when  the  country  was  wild  with  excitement,  while 
these  men  were  stirring  up  the  people  of  Central  and  South- 
ern Illinois  by  inflammatory  harangues,  denunciatory  of  the 
Abolition  party  and  the  coercive  policy  of  Mr.  Lincoln,  Dr. 
Bundy  was  pleading  for  moderation  and  the  adoption  of 
the  compromise  measures  proposed  by  Crittenden,  Douglas, 
and  others,  as  the  best  means  of  quieting  the  popular  mind, 
until  "sober,  second  thought"  should  bring  about  recon- 
ciliation, without  the  effusion  of  blood.  AVhen  a  large  con- 
course of  citizens  assembled  at  Carbondale,  for  the  purpose 
of  driving  away  the  troops  stationed  at  Big  Muddy  Bridge, 
on  the  Illinois  Central  Railroad,  (having  been  excited  almost 
to  frenzy  by  the  reports  spread  through  the  country  that  they 
had  been  sent  there  by  Abolitionists,  without  authority,)  Dr. 
Bundy  hastened  to  the  place,  and  spent  the  day  in  disabusing 
their  minds,  and  urging  them  to  refrain  from  violence,  and 
quietly  disperse  to  their  homes ;  which  they  finally  did 
For  doing  this,  he  was  cursed  for  "  a  white-livered  coward," 
by  some  who  were  urging  on  the  strife,  who  have  since  be- 
come ranting  "  Union  men,"  and  cursed  him  soundly  as  a 
"  Copperhead." 

Soon  after  the  disastrous  battle  of  Bull  Run,  General 
Logan,  who  had,  in  his  speeches  during  the  summer  of  1861, 

wished  that  his  hand  might  wither  if  he  ever  took  up  arms 
against  his  Southern  brethren,"  returned  from  Congress  and 
commenced  raising  a  regiment ;  alleging,  in  his  addresses  to 
liis  old  constituents,  that  "it  was  necessary  for  Democrats  to 
get  hold  of  the  muskets,  and  save  the  Government  from  the 
invasion  of  the  Southerners  on  the  one  hand,  and  the  corrupt 
and  illegal  pohcy  of  the  Abolitionists  on  the  other ;  that  Mr. 
Lincoln  and  his  party  had  neither  the  military  skill  and 
bravery  necessary  to  conduct  the  war  successfully,  nor  the 
statesmanship  and  honesty  to  administer  the  Government 
legally  ;  and  between  them  and  the  Rebels,  our  form  of  gov- 
ernment was  in  great  danger  of  being  subverted."    And  he 


SAMUEL    H.    BUNDY,    M.  D. 


387 


exhorted  his  friends  to  "join  him  in  forcing  the  Rehels  into 
obedience,  when  they  would  all  turn  around  and  whip  out 
the  Abolitionists."  This  sudden  "  change  of  front "  pro- 
duced the  most  intense  excitement.  From  this  time  forward, 
men,  who  had  been  life-long  friends,  began  to  distrust  and 
suspect  each  other ;  and  the  people  were  distracted  by  divi- 
sions and  suspicions.  Troops  were  quartered  at  Cairo  and 
various  points  along  the  borders  of  the  State,  and  detach- 
ments scoured  the  country  in  all  directions,  foraging  upon  and 
insulting  the  citizens.  The  country  swarmed  with  detectives, 
spies,  and  secret  reporters.  With  many  honorable  exceptions, 
the  Republicans  became  informers  ;  and  every  political  or 
even  religious  difference,  or  personal  spite,  was  made  the  oc- 
casion of  a  secret  mission  to  the  Provost  Marshal  at  some  mil- 
itary station,  with  a  report  of  disloyalty  against  the  offender. 
Citizens  of  all  classes  and  professions  were  arrested,  searched, 
and  cast  into  the  various  guard-houses ;  generally,  without 
knowing  whom,  when,  or  in  what  they  had  offended,  or 
who  were  their  accusers.  Men,  who  would  not  have  been 
believed  on  oath  in  any  court  where  they  were  known,  and 
could  not  have  obtained  credit  for  fifty  cents  at  any  country 
store,  were  made  swift  witnesses  and  instruments  in  inflict- 
ing untold  miseries  upon  the  most  inoffensive  and  valuable 
citizens. 

Such  was  the  state  of  affairs  when  the  August  term  of  the 
Circuit  Court  commenced  at  Marion,  in  1862,  Hon.  Andrew 
D.  Duff  presiding.  Dr.  Bundy  was  appointed  foreman  of 
the  grand  jury,  but,  after  serving  two  days,  was  excused,  in 
consequence  of  the  illness  of  his  family,  three  children  being 
dangerously  sick  with  whooping  cough  and  diphtheria.  Soon 
after  he  left,  two  men,  alleging  they  were  Government  Detec- 
tives, reached  town,  and,  under  orders  from  one  Major  Merrill, 
Provost  Marshal  at  Cairo,  arrested  the  Judge  on  the  bench, 
and  several  members  of  the  bar ;  and  inquired  for  the  fore- 
man of  the  grand  jury.  On  being  informed  that  he  was  at- 
home,  they  male  some  further  arrests,  and  determined  to 
call  for  him  as  they  returned  to  Cairo. 


\ 


f 


888  AMERICAN  BASTILE. 

When  they  reached  his  house,  August  14,  he  nad  gone 
to  a  neighbor's,  to  visit  a  sick  child.  On  account  of  the  ill- 
ness in  his  family,  they  yielded  to  the  entreaties  of  Mrs. 
Bundy,  and  the  assurances  of  Judges  Duff,  Allen,  and  Mul- 
key,  that  the  Doctor  would  attend  at  Cairo  or  elsewhere  as 
soon  as  the  condition  of  his  family  would  permit,  and  con- 
cluded to  go  on  with  the  gentlemen  already  in  charge,  and 
leave  him  at  home  for  the  time  being.  As  soon  as  the  Doc- 
tor returned  to  his  house,  he  addressed  a  note  to  the  Provost 
Marshal,  stating  the  condition  of  his  family,  his  fears  that 
his  children  could  not  live,  the  absolute  necessity  of  his  pre- 
sence as  a  father  and  physician  to  care  for  them ;  and  from 
the  depths  of  his  affliction,  appealing  to  his  better  nature,  and 
his  own  tender  family  ties,  he  assured  him  that,  as  he  was  un 
conscious  of  having  violated  any  law,  or  done  any  man 
wrong,  he  would  not  hesitate  to  report  at  any  point  to  which 
he  might  be  ordered  by  competent  authority,  as  soon  as  the 
condition  of  his  family  would  permit.  But  neither  this  note 
nor  the  statement  of  his  officers  as  to  the  affliction  of  the 
Doctor's  family,  nor  the  assurances  of  the  gentlemen  they 
had  in  charge  that  he  would  attend  as  soon  as  he  could  leave 
his  sick  children,  seemed  to  have  any  effect  on  Merrill,  whc 
sharply  reprimanded  his  subordinates,  and  ordered  one  of 
them  (one  Scott)  to  return  and  bring  the  Doctor  to  Cairo. 

On  the  17th,  death  entered  the  family  circle,  and  took  for 
his  victim  a  bright  little  boy,  between  six  and  seven  years  of 
age,  whose  remains  the  sorrowing  parents  followed  to  their 
resting-place  at  a  church  one  and  a  half  miles  from  their 
residence.  As  they  were  returning  from  the  grave,  they 
were  met  by  Merrill's  officer,  who  ordered  the  Doctor  out  of 
the  carriage,  containing  his  afflicted  wife  and  other  members 
of  the  family,  into  his  own  buggy,  and  hurried  him  off  to 
Cairo.  Mrs.  B.  had,  for  many  years,  been  in  very  feeble 
health,  and  was  quite  overcome  with  grief.  The  Doctor 
begged  permission  to  accompany  her  home,  and  comfort  her 
as  far  as  possible  ;  to  provide  as  best  he  could  for  the  other 
children,  who  were  in  a  most  critical  condition,  and  supply 


SAMUEL    H.    BUNDY.    M.  D.  389 

himself  with  clothing  and  funds  for  his  contemplated  absence. 
But  the  officer  was  deaf  to  all  entreaty  ;  alleging  that  his 
former  lenity  had  been  reproved,  and  he  must  reach  Cairo 
that  night.  On  arriving  at  Carbondale,  where  they  were  to 
take  the  cars  for  Cairo,  his  haste  seemed  to  have  ended  ;  and, 
leaving  the  Doctor  in  the  sitting-room  of  the  Union  House, 
with  orders  to  remain  until  called  for,  he  strolled  off  into  the 
town,  and  was  absent  until  after  midnight. 

The  Doctor  soon  perceived  that  something  of  interest  was 
going  on  in  an  adjoining  room,  as  he  could  hear  many  voices, 
and  persons  were  continually  passing  in  and  out  at  the  door, 
which  was  kept  closed,  and  seemed  to  be  guarded  on  the  in- 
side. So,  when  night  came  on,  as  it  was  dark  and  misting 
rain,  he  stepped  out  on  the  pavement,  and  went  to  an  open 
window,  which  permitted  a  full  view  of  the  persons  and  pro- 
ceedings within.  A  number  of  persons,  with  most  of  whom 
he  was  well  acquainted,  were  engaged  in  preparing  evidence 
against  himself  and  the  other  gentlemen  who  had  been 
arrested  about  the  same  time.  Several  men  seemed  to  be 
present  as  witnesses,  some  of  whom  were  total  strangers  to 
him ;  others  he  knew  to  be  of  the  lowest  character,  and  all 
whom  he  recognized  were  political  enemies.  Dr.  George  L. 
Owen,  originally  from  Ohio,  an  avowed  Abolitionist,  was 
acting  as  attorney,  and  drew  out  the  testimony  to  his  own 
liking ;  while  one  Dick  Dudding,  an  unscrupulous  pettifog- 
ger, wrote  down  the  statements  in  language  suited  to  the 
purpose.  The  witnesses  were  all  in  the  room  together ;  were 
all  the  political  friends  and  allies  of  Owen  and  Dudding,  who 
prompted  such  statements  as  they  wished ;  and  when  any 
testimony  appeared  favorable  to  the  accused,  it  was  rejected. 
When  through  the  examination,  they  were  sworn  to  what  Dud 
ding  had  written,  without  having  it  read  over.  Only  one  man 
was  observed  to  require  his  statement  to  be  read  before  he 
would  sign  his  name  and  be  qualified  to  it,  and  then  de- 
manded several  changes  to  be  made. 

In  the  mean  time,  Dr.  Bundy  had  gone  to  the  door,  and 
aaked  permission  to  go  in,  as  he  perceived  that  they  were 


390 


AMERICAN    B  A  S  T  I  L  £. 


lakirig  evidence  against  himself  and  others.  He  claimed  the 
right  to  meet  his  accusers  face  to  face,  and  cross-examine 
ihem,  but  it  was  peremptorily  refused,  and  the  door  shut  in 
Ilia  face.  Jefferson  J.  Allen,  an  attorney,  and  brother  to 
lion.  \Villiam  J.  Allen,  one  of  the  prisoners,  also  requested 
permission  to  go  in  and  question  the  witnesses,  but  was 
refused.  All  the  Abolitionists  about  town,  however,  seemed 
to  pass  in  and  out  ad  UbUum.  Sext  morning,  the  Doctor 
reached  Cairo,  and  the  officer,  who  was  quite  drunk  and 
oyercome  with  drowsiness,  merely  told  him  to  report  at  the 
Proyost  Marshal's  office  at  nine  o'clock,  and  staggered  away 
to  seek  his  own  comfort. 

After  separating  from  Officer  Scott,  Dr.  Bundy  sought  a 
hotel,  and  tried  to  refresh  and  brace  himself  preparatory  to 
the  ordeal  of  meeting  the  Marshal.  But  his  heart  was  too 
full.  He  could  not  eat.  The  loss  of  his  dear  boy,  the  dan- 
gerous condition  of  his  other  children,  the  dark  cloud  whit  h 
he  knew  was  oyershadowing  his  loyed  home  and  crushing 
out  the  life  of  his  afflicted  wife,  with  the  knowledge  that  he 
was  a  prisoner,  the  yictim  of  malice  and  reyenge,  and  unable 
to  render  assistance  or  consolation,  almost  droye  him  to  mad- 
ness. At  9  o'clock  a.m.,  August  19,  he  went  to  the  office 
of  that  most  arbitrary  and  iniquitous  of  all  military  officers 
—  the  Provost  Marshal.  ^Vhen  he  entered,  Major  Merrill 
was  engaged  with  some  other  prisoners,  and  seemed  to  take 
no  notice  of  his  presence  for  some  time.  Judges  Allen,  Duff, 
and  Mulkey,  Attorneys  Youngblood  and  Clementson,  Rev. 
Alexander  C.  Xelson,  and  some  others,  were  present.  After 
a  while  the  Marshal  ordered  the  roll  of  the  Marion  prisoners 
to  be  called,  and  then  took  from  a  desk  a  bundle  of  papers, 
which  he  ordered  a  clerk  to  read  as  evidence  against  them. 
It  proved  to  be,  in  part,  the  statements  heard  by  Dr.  Bundy 
at  Carbondale  the  night  previous,  which  had  been  sent  by 
Scott,  and  accounted  for  the  delay.  Such  a  jumble  of  im- 
probabilities, contradictions,  and  falsehoods  was,  perlaps, 
never  found  outside  of  a  Provost  Marshal's  office. 

After  the  readiDg  was  concluded,  Dr.  B.  informed  the 


SAMUEL    H.    BUNDY,    M.  D. 


391 


Marshal  of  what  he  had  witnessed  the  previous  night ;  urged 
the  unfairness  of  the  manner  in  which  the  testimony  had 
been  taken,  mentioning  the  fact  of  some  of  the  witnesses 
not  having  read  what  was  written  down  by  Dudding ;  the 
refusal  to  admit  him  into  the  room  to  cross-examine  the 
witnesses  ;  the  rejection  of  all  testimony  favorable  to  the  ac- 
cused, and  declared  that  the  statements  as  to  his  having  used 
"  disloyal  words  in  a  Fourth  of  July  speech  at  Stroud's,"  were 
wholly  untrue,  as  he  could  prove  within  five  days,  by  the 
best  men  in  Williamson  County,  if  allowed  to  do  so.  Other 
gentlemen  present  made  similar  declarations.  The  Marshal 
replied  that  all  this  might  be  true,  but  that  he  had  nothing 
to  do  with  taking  the  evidence,  and  no  authority  to  hear  rebut- 
ting, testimony. 

The  Doctor  then  laid  before  him  the  afflicted  condition  ol 
his  family,  and  the  necessity  of  his  presence  and  assistance  at 
home ;  and  offered  to  obligate  himself  in  any  sum,  with  ade- 
quate security,  to  attend  at  any  time,  or  as  often  as  every 
second  day,  at  that  office,  or  elsewhere,  within  his  reach,  if 
permitted  to  return  home  while  his  children  remained  in  a 
critical  condition.  Several  other  gentlemen  warmly  seconded 
the  request.  But  it  was  of  no  avail.  The  Marshal  merely 
removed  his  cigar,  and  remarking  that  he  was  not  there  to 
look  after  afflicted  families,  told  the  Doctor  that  he  could 
either  go  to  the  "  guard-house,"  or  have  the  limits  of  the  city, 
on  his  parole  of  honor,  and  report  at  nine  o'clock  each  morn 
ing.    Of  course,  he  preferred  the  latter. 

For  two  weeks,  Dr.  Bundy  remained  a  prisoner  on  his 
parole,  in  Cairo,  within  a  few  hours'  travel  of  his  home, 
where  two  of  his  children  still  lay  at  the  point  of  death, 
without  being  able  to  visit  them  and  minister  to  their  wants. 
Scarcely  an  hour  passed  that  the  condition  of  his  family  was 
not  on  his  mind. 

Under  the  impulse  of  excitement,  a  man  may  rush  into  a 
burning  building,  or  bare  his  bosom  to  a  thousand  deaths  on 
the  battle-field  without  a  care ;  but  who  that  has  a  heart 
swelling  with  a  husband's  and  father's  love,  can  control  its 


'6d2 


AMERICAN  BAST1LE. 


promptings,  and  remain  day  after  day,  without  employment 
to  divert  his  mind,  within  a  few  miles  of  an  invalid  wife, 
whom  he  had  nursed  for  years,  now  bowed  in  affliction,  and 
his  darling  little  ones,  prostrate  and  expected  to  die,  without 
bitter  anguish  ?  ]STo  language  can  describe  the  intense  anxiet) 
suffered  by  this  victim  of  tyranny,  as  day  and  night  he  tra- 
versed the  pavements,  or  walked  to  and  fro  in  his  room, 
mainly  striving  to  escape  his  grief  and  quiet  his  restless 
spirit.  The  little  form  cold  in  death,  the  new-made  grave, 
the  agony  of  the  weeping  mother,  left  to  seek  her  stricken 
home  alone,  and  the  prostrate  forms  of  those  still  suffering 
under  disease,  were  constantly  before  him. 

In  the  mean  time,  he  resolved  to  make  one  more  effort  to 
reach  the  better  feelings  of  Major  Merrill ;  and  wrote  *him 
a  note  representing  the  condition  of  his  family,  and  enclosed 
a  letter  from  Mrs.  B.,  full  of  touching  sorrow,  and  giving 
the  opinion  of  the  attending  physician  that  their  little 
daughter  could  not  recover ;  appealing  to  his  kinder  nature 
and  own  domestic  endearments ;  and,  finally,  as  he  wore  on 
his  bosom  the  badge  of  a  secret  order,  "  ancient  and  honor- 
able," appealing  to  its  tokens  of  distress  and  fraternal  obliga- 
tions, and  offering  to  obligate  himself  in  any  way  to  return, 
or  to  pay  the  expense  of  a  guard  to  his  house,  if  he  was  only 
permitted  to  visit  his  family,  and  see  his  child,  before  the 
earth  should  cover  her  loved  form  from  his  sight.  This 
touching  appeal  was  read  and  handed  back  with  the  coarse 
and  brutal  remark,  "  If  this  is  repeated,  you  will  be  put  into 
close  confinement." 

Thus  he  remained  for  two  weeks,  reporting  to  the  Marshal 
at  9  a.  m.,  each  day,  according  to  orders. 

At  9  o'clock  p.m.,  September  2,  Dr.  Bundy,  with  his  fellow- 
prisoners  from  Marion,  was  summoned  before  the  Marshal, 
who  delivered  them  into  the  custody  of  Major  Bond  and 
Isaac  W.  Phillips,  who  immediately  took  them  to  a  car  on 
the  Illinois  Central  Railroad,  and  locked  them  up,  placing  a 
guard  of  four  men  over  them,  in  Federal  uniform,  armed  with 
muskets,  who  replied  to  inquiries  that  the  prisoners  were 


SAMUEL    H.    B  U  N  D  Y,    M.  D. 


393 


going  to  Springfield,  Illinois,  for  trial.  At  thi3  information 
the j  were  all  highly  elated,  for  they  knew  that  an  impartial 
investigation,  before  any  just  tribunal,  could  result  only  in 
their  liberation  and  speedy  return  to  their  families. 

The  assurance  from  the  guard,  to  Dr.  Bundy,  that  he 
Bhould  have  a  fair  hearing  immediately  on  reaching  Springfield, 
nearly  made  him  wild  with  joy,  and  he  managed,  by  the  dim 
car-light,  to  pencil  a  note  to  his  family  full  of  comfort  and 
encouragement,  expressing  strong  hopes  of  being  with  them 
in  a  few  days  to  share  their  grief  and  minister  to  their  wants ; 
which  he  handed  to  a  friend  as  the  train  passed  Carbondale. 

At  this  point,  an  incident  occurred  which  must  ever  remain 
green  in  the  memory  of  grateful  hearts.  J ust  as  the  prison- 
car  was  moving  from  the  station,  Joseph  M.  Campbell,  a  mer- 
chant of  that  place,  sprang  upon  the  platform  and  asked 
admission,  as  he  had  very  important  business  with  some  of 
the  gentlemen.  "With  a  scowl  he  was  refused.  The  door  was 
locked.  In  a  trice,  he  hoisted  one  of  the  end  windows  of  the 
car,  and  before  the  bewildered  sentinels  had  decided  what  to 
do,  he  was  inside.  "With  a  roll  of  bank-bills  in  one  hand,  he 
grasped  the  hands  of  his  old  friends  with  the  other,  and  gave 
them  a  hearty  shake,  saying,  "  Boys,  there  is  no  telling  where 
these  fellows  will  take  you,  nor  how  long  you  will  be  gone. 
I  have  a  little  money  here,  and  if  any  of  you  are  likely 
to  need  it,  you  are  welcome ;  and  if  this  is  not  enough,  I 
have  plenty  more."  About  one  hundred  dollars  were  dis- 
tributed to  those  who  would  take  it.  From  Mr.  Campbell, 
Dr.  Bundy  received  the  last  news  from  his  afHicted  family, 
that  reached  him,  until  after  his  release  from  confinement. 

When  the  train  reached  Centralia,  a  number  of  other  pris- 
oners were  found  waiting  ;  and  it  was  soon  learned  from  con- 
versation among  the  officers,  who  seemed  to  have  a  warm 
dispute  over  the  prize,  that  they  were  destined  for  "Washing- 
ton City,  under  special  orders  from  the  "War  Department. 
All  hopes  of  a  speedy  deliverance  vanished  immediately,  and 
the  fond  anticipation  of  embracing  his  sick  family  faded  from 
the  Doctor's  mind,  as  the  glow  of  sunset  sinks  into  nignt. 


394 


AMERICAN  BASTILE 


From  this  point  lie  was  borne  along  from  his  home  through 
weary  days  and  nights,  more  dead  than  alive,  and  he  re 
tains  but  an  imperfect  recollection  of  the  occurrences  upon 
the  route ;  except  that  Bond  proved  to  be  a  contemptible, 
petty  tyrant,  and  omitted  no  opportunity  of  insulting  and 
annoying  his  victims  ;  being  so  overbearing,  that  on  several 
occasions,  Phillips  voluntarily  interfered  in  their  behalf. 

On  the  5th  of  September,  the  party  reached  Washington, 
and  the  prisoners  were  taken  directly  to  that  far-famed  recep- 
tacle of  Democratic  offenders,  the  Old  Capitol  Prison,  except 
Hon.  William  J.  Allen,  who,  being  dangerously  ill,  was  left 
at  a  hotel,  and  a  few  days  afterward  was  remanded  to  Spring- 
field, Illinois.  But,  though  sick  and  in  bonds,  his  generous 
heart  was  not  unmindful  of  his  fellow-prisoners.  Before 
leaving  Washington,  he  deposited  with  a  friend  a  large  sum 
of  money,  subject  to  their  orders  in  case  they  should  need  it. 

This  Military  Bastile  has  a  world-wide  reputation  from  the 
number  of  gentlemen  of  every  social  rank,  who  were  confined  in 
it  during  the  war,  the  harsh  and  cruel  treatment  to  which  they 
were  subjected,  and  the  loathsome  and  disgusting  condition  of 
its  cells.  The  simple  statement,  that  one  was  confined  within 
the  Old  Capitol  Prison,  conveys  to  most  readers  a  pretty  cor- 
rect idea  of  what  he  experienced,  without  entering  into  the 
details  of  locks,  bars,  sentinels,  filth,  vermin,  prison  fare,  and 
official  insults.  When  Dr.  Bundy  and  his  friends  entered  the 
prison,  Lieutenant  J.  Miller,  of  the  10th  Xew  Jersey  Volun- 
teers, was  in  command,  with  a  strong  military  force  under 
him,  and  William  E.  Wood  was  Superintendent.  Miller  was 
a  supple  tool  of  the  unscrupulous  tyrants  he  served  —  Gen- 
eral Wad>worth,  commanding  the  District  of  Columbia,  and 
Edwin  M.  Stanton,  Secretary  of  War.  Mr.  Wood  seemed  to 
be  personally  a  gentleman  of  generous  impulses. 

The  room  in  which  they  were  first  confined  was  filthy 
beyond  description.  The  floor  was  literally  obscured  by  ex- 
crement, that  emitted  a  stench  which  no  human  being  could 
loug  have  borne.  It  was  supplied  with  sleeping-bunks  ranged 
in  tiers  around  the  walls,  which  contained  a  few  old  mat- 


SAMUEL    H.    BUNDY,    M.  D. 


395 


Messes  and  soiled  blankets,  swarming  with  vermin.  There 
was  not  a  chair,  or  bench,  or  table,  on  which  a  man  could 
rest.  One  small  window  heavily  grated,  afforded  the  only 
means  of  light  and  ventilation.  The  door  was  bolted  and 
guarded  by  a  sentinel.  The  food  was  of  the  poorest  sort  of 
prison-fare,  badly  prepared,  and  served  to  the  prisoners  as 
if  they  had  been  caged  animals  in  a  menagerie,  ratber  than 
human  beings,  not  to  say  gentlemen,  accustomed  to  the  pro- 
prieties and  amenities  of  refined  society. 

So  intolerable  was  their  condition  that  they  were  con- 
strained to  address  a  strong  appeal  to  the  Superintendent, 
Mr.  Wood,  who  in  a  few  days  had  them  removed  to  No.  16, 
a  tolerably  large  room  on  the  third  floor,  which  they  were 
allowed,  after  much  delay,  to  have  cleansed  and  furnished 
with  rude  seats  and  tables,  at  their  own  expense.  Finally, 
they  were  permitted  to  board  themselves,  by  purchasing  pro- 
visions in  the  city,  and  hiring  the  negroes,  who  had  unre- 
stricted access  to  the  prison  yard,  to  cook  for  them.  A  ser- 
geant was  detailed  to  purchase  the  provisions  for  them,  and 
for  others  who  were  allowed  the  same  privilege.  No.  16  con- 
tained twenty-one  men,  literally  jammed  together. 

Thus  they  remained  week  after  week  in  close  confinement, 
denied  even  the  privilege  of  conferring  or  corresponding  with 
any  of  their  friends.  Hon.  T.  H.  Campbell,  and  other  influ- 
ential gentlemen  from  Illinois,  warmly  interceded  in  their 
behalf,  and  urged  that  they  might  be  admitted  to  trial,  but 
in  vain.  They  were  in  the  grasp  of  a  tyranny  which  neither 
law,  justice,  nor  the  appeals  of  mercy  could  relax.  No  attor 
ney  was  allowed  to  counsel  them,  and  no  judge  dared  to  issue 
a  writ  of  habeas  corpus  to  inquire  into  the  legality  of  their 
confinement. 

Dr.  Bundy  was  attacked  with  dysentery  soon  after  enter- 
ing the  prison,  from  which  he  did  not  recover  until  long 
after  his  release.  He  wrote  to  his  family  every  few  days,  to 
inform  them  of  his  condition,  and  try  to  comfort  and 
encourage  them  in  their  sore  affliction.  But  his  letters 
probably  never  went  beyond  the  office  of  the  prison.  Not 


396 


AMERICAN  BASTILE. 


one  of  them  ever  reached  his  family ;  who  heard  nothing 
directly  from  him  after  he  passed  Carbondale,  and  were  con- 
tinually tortured  by  reports  from  "  reliable  sources,"  and 
newspaper  articles,  that  he  was  "  condemned  to  be  shot ; " 
that  he  was  "  sent  to  prison  during  the  war;"  that  "the 
proof  against  him  was  overwhelming,"  etc.,  etc.  Nor  was  he 
allowed  to  hear  a  single  word  from  his  family  or  friends, 
although  they  addressed  letters  to  him  daily,  informing  him 
of  the  dark  shadow  which  rested  upon  his  house,  and  of  the 
efforts  that  were  being  made  for  his  release. 

Of  what  was  occurring  in  the  outer  world  he  was  kept  in 
as  profound  ignorance  as  if  he  had  been  enclosed  in  the 
centre  of  the  earth.  He  heard  nothing  except  an  occasional 
item  of  news  that  a  sentinel  might  chance  to  utter  within 
reach  of  his  ear.  His  mind  was  constantly  harrowed  by  the 
consciousness  that  those  dearer  to  him  than  life  or  liberty 
were  in  deep  affliction ;  and  uncertainty  and  suspense  in- 
creased his  mental  agony  to  a  degree  which  a  free,  healthy 
mind  cannot  conceive. 

On  the  last  day  of  September,  Dr.  Bundy  was  summoned 
to  the  prison  office,  where  Mr.  Wood  met  and  informed  him 
that  he  was  to  go  before  Judge  Turner  for  "trial."  The 
Doctor  replied  that  he  was  in  no  condition  for  an  impartial 
trial,  having  been  denied  counsel,  and  having  no  witnesses 
nearer  than  Illinois.  Wood,  however,  informed  him  in  a  con- 
fidential tone,  that  "  that  made  no  difference  — that  all  would 
come  out  right."  They  went  in  company  to  the  office  of 
Judge  Turner,  who  was  engaged  at  the  time  they  entered, 
listening  to  a  clerk  reading  some  kind  of  a  document,  and 
was  leaning  back  in  his  chair,  with  his  feet  elevated  on  the 
table,  smoking  a  cigar.  He  was  soon  at  leisure,  when  Mr. 
"Wood  introduced  Dr.  Bundy  as  "  one  of  the  prisoners  of 
state  from  Illinois."  The  Judge  removed  his  cigar,  nodded 
his  head,  and  pointing  to  a  chair,  told  the  Doctor  to  be 
seated.  He  then  asked  him  a  few  unimportant  and  silly 
questions,  puffed  his  cigar,  and  remarked  that  he  had 
examined  the  evidence  against  him,  and  considered  it  insuf 


SAMUEL    H.    BUND  Y,    M.  D. 


397 


ficient  to  justify  his  confinement,  and  he  would  therefore  be 
released. 

All  this  farce  was  enacted  in  a  careless  manner,  that 
plainly  stamped  it  as  the  merest  mockery,  the  most  con- 
temptible trifling  with  the  forms  of  justice*,  and  utter  disre- 
gard of  the  feelings  and  rights  of  American  citizens. 

The  Judge's  order,  prepared  by  a  clerk,  was  put  into  the 
hands  of  Wood,  who  conducted  Dr.  Bundy  back  to  the  prison 
office,  and  gave  it  to  Lieutenant  Miller.  He  read  it,  and  then 
asked  the  Doctor  if  he  would  take  the  oath  of  allegiance  to 
the  United  States,  who  replied  that  he  owed  allegiance  to  no 
other  Government,  and  would  take  the  oath  daily,  if  required 
Miller  then  administered  the  oath,  and  handed  him  the  fol 
lowing  certificate,  which  seemed  to  have  been  already  pre 
pared : 

"Old  Capitol  Prison, 
Washington,  D.  C,  September  30,  1862. 
"  To  all  whom  it  may  concern  : 

"  Know  ye,  that  Samuel  H.  Bundy  (a  prisoner  of  state)  has 
been  nonorably  released  from  this  prison,  he  having  taken  the 
oath  of  allegiance  to  the  United  States  Government. 
"  By  order,  Secretary  of  War. 

Lieutenant  J.  Miller,  10th  N.  J.  Vols." 

Thus,  after  being  torn  from  the  unfinished  burial  of  his 
dear  boy,  dragged  from  the  side  of  the  weeping  mother  and 
his  other  sick  children,  imprisoned  for  a  month  and  a  half, 
and  subjected  to  insult  and  abuse,  it  was  found  that  the 
proof  was  insufficient,  and  he  was  honorably  discharged, 
nearly  a  thousand  miles  from  his  home,  to  find  his  way  back 
as  best  he  might !  What  a  commentary  upon  justice  !  What 
an  example  of  boasted  American  liberty ! 

The  most  cruel  and  heartless  chapter  of  this  outrage  on 
the  most  sacred  of  human  rights  and  feelings,  and  which 
should  consign  its  authors  to  eternal  infamy,  is  still  untold. 

After  handing  the  Doctor  his  certificate  of  re1  ease,  Miller 
took  from  his  desk  and  gave  him  a  large  bundle  of  letters 
from  his  family  and  friends  at  home  ;  all  of  which  had  been 


398 


AMERICAN    B  A  STILE. 


opened  and  read.  Here  were  the  tear-blotted  words  of  grief 
and  love  from  the  companion  of  his  youth,  the  bereaved  and 
heart-broken  mother  of  his  children,  and  kind  words  of  sym- 
pathy and  encouragement  from  warm-hearted  friends  —  let- 
ters informing  him  of  the  great  bereavement  he  had  suffered 
in  the  loss  of  his  children,  and  of  the  threatening  condition 
of  his  wife's  health  ;  and  letters  telling  him  of  the  numerous 
affidavits  of  men  of  all  parties,  which  had  been  forwarded  to 
him  by  his  friends.  And  yet,  of  all  this  he  had  been  kept, 
in  profound  ignorance. 

The  first  letter  he  opened  happened  to  be  from  Hon.  "^Til 
liam  J.  Allen,  who  had  reached  his  home,  and  contained  the 
6ad  news  of  the  death  of  his  idolized  daughter,  five  years  of 
age,  who  had  died  on  the  12th  of  September,  and  also  of  the 
still  dangerous  illness,  not  only  of  another  child,  but  of  his 
wife. 

The  shock  was  too  much  for  his  already  overstrained 
nerves.  The  letters  fell  from  his  hands,  and  he  was  sup- 
ported to  a  cot,  where  he  lay  insensible  for  several  hours. 
Eeturning  consciousness  only  brought  back  the  terrible  grief 
to  his  heart.  The  sweets  of  liberty  were  imbittered,  and  the 
fond  anticipations  of  soon  embracing  his  loved  ones  were 
crushed.  The  thought  that  he  had  been  wronged  and  mocked, 
and  that  he  must  now  return  to  his  desolate  home,  to  th^ 
graves  of  his  children  and  to  his  suffering  wife,  and  bear  his 
grief  without  the  power  to  obtain  justice  or  to  vindicate 
himself  before  the  world,  quite  unmanned  him,  and  for  a  time 
his  feelings  had  entire  control  of  him.  Late  in  the  afternoon 
he  rallied,  went  to  his  room  for  his  clothes,  told  his  sorrows 
to  a  few  of  his  fellow-prisoners,  bid  them  an  affectionate  fare- 
well, and  left  the  Old  Capitol  Prison  for  his  home  in  Illinois. 

Nothing  occurred  to  interest  him  on  the  journey,  for  he 
noticed  little  that  passed.  His  mind  was  busied  with  far 
diiierent  subjects.  He  reached  home  on  the  morning  of 
October  5.  The  meeting  with  his  family  we  will  not  attempt 
to  portray.  How  changed  was  the  little  circle !  Two  va- 
uant  seats  were  at  the  hearth  —  two  fresh  graves  were  in 


SAMUEL    H.    BUKDY,    M.  D. 


399 


the  church-yard.  Mrs.  Bundy's  feehle  frame  was  completely 
shattered,  and  she  gradually  declined  in  health,  until  death 
called  her  to  rest  beside  her  children. 

Such,  dear  reader,  were  the  doings  of  the  party  which 
professed  to  labor  for  "  God  and  humanity."  Such  was  tie 
heartless  tyranny  of  men,  who,  clothed  with  a  "  little  brief 
authority,"  set  the  laws  at  defiance,  trampled  under  foot  the 
principles  of  justice,  disregarded  the  rights  of  citizens,  and 
outraged  family  endearments,  Christianity,  and  common  de- 
cency. Shall  they  go  unwhipped  of  justice  ?  Shall  they  escape 
the  verdict  of  history  and  a  just  retribution?  "Will  Ameri- 
can freemen  suffer  them  thus  to  destroy  the  fair  temple  of 
liberty,  without  raising  their  voices  and  hands  to  stay  the 
work  of  ruin  ? 


JOHN  APPLE. 


MR.  JOHN  APPLE,  of  Philadelphia,  was  arrested  by 
order  of  the  Secretary  of  War,  Edwin  M.  Stanton,  on 
the  15th  of  August,  1862,  by  Deputy  Marshal  Schuyler. 
His  arrest  was  made  at  the  Jefferson  House,  on  the  corner 
of  Fifth  and  Poplar  Streets,  Philadelphia,  and  the  prisoner 
was  taken  thence  to  the  Marshal's  office. 

He  inquired  of  the  Marshal  the  cause  of  his  arrest,  anc 
was  informed  that  it  was  for  discouraging  enlistments.  Mr. 
Apple  as:ain  asked  who  had  made  the  charge,  and  was  told 
that  it  had  been  made  by  a  man  named  T5urns.  He  then 
employed  two  attorneys  to  obtain  for  him  a  writ  of  habeas 
corpus,  which  they  applied  for,  although  the  Marshal  had 
told  them  his  arrest  was  by  order  of  the  authorities  at 
Washington,  and  a  writ  could  not  be  granted,  as  he  (the 
prisoner)  was  to  be  tried  in  that  city.  The  writ  was  not  ob- 
tained. 

He  was  started  for  Washington  the  same  night,  arriving 
there  about  seven  o'clock  on  the  following  morning,  (August 
16.)  and  was,  at  his  request,  taken  to  see  Colonel  Thomas  B. 
Florence,  who,  together  with  the  Marshal,  accompanied  him 
to  the  office  of  Judge  Advocate  Turner. 

Mr.  Florence  stated  his  case  to  the  Judge,  who  said  he 
had  nothing  to  do  with  it,  and  remarked  to  the  Marshal, 
"  You  have  been  ordered  to  take  this  man  to  the  Old  Capitol 
Prison,  have  you  not? "  The  Marshal  replied  that  such  were 
the  orders.  The  Judge  then  said  that  the  prisoner  would 
have  to  be  taken  there,  as  he  had  nothing  to  do  with  the 
case. 

He  was  then  taken  to  the  Old  Capitol  Prison,  and  placed 
in  charge  of  Superintendent  Wood.    Apple  remarked  to 

400 


JOHN  APPLE. 


401 


Wood,  that  the  Marsha]  had  no  warrant  for  his  arrest,  nor 
any  charge  against  him.  The  Superintendent  replied,  "  We 
will  find  a  charge  against  you."  The  Marshal  was  then  sent 
to  the  office  of  the  Provost  Marshal  of  the  District  of  Colum- 
bia, for  a  commitment  for  the  prisoner.  On  his  return,  Wood 
placed  him  (Apple)  in  the  hospital,  in  which  there  were  from 
sixty  to  seventy  sick  soldiers,  confined  with  different  diseases, 
these  being  constantly  augmented  by  fresh  arrivals  from  the 
different  camps. 

Here,  he  was  compelled  to  eat  and  sleep,  amid  the  vitiated 
air  of  the  room,  and  the  noxious  exhalations  of  fever-stricken 
men.  The  food  served  them  was  poor  in  quality,  and  meagre 
in  quantity.  Those  who  had  means  were  permitted  to  pur- 
chase such  things  as  they  wished,  of  which  permission  he 
quickly  availed  himself.  He  was  detained  in  the  hospital 
for  about  three  weeks,  and  then  removed  to  a  room  where  a 
number  of  state  prisoners  were  confined.  This  room  was 
much  cleaner  than  the  hospital,  and  more  healthy ;  but  both 
were  full  of  rats,  mice,  and  other  vermin. 

During  the  term  of  his  imprisonment,  he  saw  but  one 
friend.  Others  called  to  see  him,  but  were  refused  admit- 
tance. In  the  single  instance  just  mentioned,  he  was  brought 
down  stairs  to  the  office,  and  held  a  short  conversation  with 
his  visitor,  while  an  officer  stood  between  them,  who  would 
not  permit  him  to  make  mention  of  his  case. 

The  duration  of  the  interview  was  limited  to  fifteen  min- 
utes, and  at  the  expiration  of  that  time  he  was  returned  to 
his  room,  where  he  remained  until  discharged.  The  letters 
that  he  received  were  opened  and  examined  by  three  or  four 
parties,  stamped  on  the  back,  and  approved  by  the  Provost 
Marshal,  before  they  were  given  to  him. 

His  letters  passed  through  the  same  course,  and  if  they 
contained  anything  which  was  deemed  obnoxious,  they  were 
cither  sent  back  or  detained. 

He  remained  immured  for  six  weeks,  when,  in  company 
with  six  others,  he  was  conducted  by  the  Superintendent  to 
the  Judge  Advocate,  who  asked  him  if  he  belonged  to  any 

26 


402 


AMERICAN  BASTILE. 


secret  political  organization?  He  replied  that  he  did  not. 
He  then  inquired  if  he  would  take  the  oath  of  allegiance,  to 
which  Mr.  Apple  replied  that  he  was  a  Democrat,  and  as 
such  owed  allegiance  to  the  Government  already.  The  Judge 
Advocate  then  wished  to  know  if  he  would  give  a  bond  for 
§5,000.  He  asked  what  for,  and  the  answer  was,  to  keep  the 
peace.  He  then  told  the  Judge  Advocate  he  had  never 
broken  the  peace,  and  would  give  no  bond,  as  he  preferred 
going  to  prison  again  to  debasing  himself;  and  asked  that  a 
trial  be  accorded  him. 

The  Judge  Advocate  then  blandly  said  that  "  he  looked 
like  a  good-natured  man,  and  he  did  not  think  he  would  do 
any  injury,"  and  discharged  him  from  custody. 


HOK.  DEPOTS  A.  MAHO!NY. 


HOK  DEKNTS  A.  MAHOKY,  Editor  of  the  "Dubuque 
Herald,"  was  arrested  about  4  o'clock  a.m.,  on  Thursday 
the  14th  of  August,  1862,  at  his  residence  in  Dubuque,  Iowa. 
He  was  aroused  from  his  slumbers  by  a  man  named  Gregory, 
knocking  at  his  door,  who  said  he  desired  to  see  him  iu 
his  office.  Mr.  Mahony  replied,  that  he  could  do  nothing 
there  at  that  hour  in  the  morning,  nor  could  he  get  in,  if  he 
so  desired,  as  the  keys  were  in  possession  of  his  clerk.  Having 
been  the  recipient  of  several  anonymous  and  threatening  let- 
ters, and  thinking  that  his  visitor's  midnight  mission  por- 
tended no  good,  he  cried  out  loudly,  with  the  intention  of 
arousing  the  neighbors.  Gregory  gave  a  signal-whistle,  when 
Marshal  Hoxie  and  his  Deputy,  P.  H.  Conger,  together  with 
a  number  of  soldiers,  appeared  in  front  of  his  house,  and 
demanded  admittance.  He,  seeing  that  his  arrest  was  de- 
sired, reproached  Marshal  Hoxie,  with  whom  he  was  person- 
ally acquainted,  with  the  disgraceful  manner  in  which  he  was 
conducting  the  affair,  and  further  inquired  of  him  by  what 
authority  he  made  the  arrest.  He  replied,  by  order  of  the 
Secretary  of  War. 

Mrs.  Mahony  became  almost  frantic  with  fear  at  the  pro- 
bable fate  of  her  husband ;  and  from  the  array  of  soldiers 
around  the  house,  and  their  menacing  remarks,  she  became 
much  alarmed,  when  one  of  them  brutally  ordered  her  to 
u  hush  up,"  or  he  would  blow  her  brains  out. 

Mahony  prepared  himself  to  accompany  his  captors,  and 
was  taken  under  escort  to  the  Key  City  House  for  breakfast. 
Professing  to  be  in  a  hurry  to  reach  the  steamer  for  Daven- 
port, Hoxie  did  not  give  him  time  to  obtain  a  change  of 
dothing,  and  he,  thinking,  in  all  probability,  that  when  he 

408 


404 


AMERICAN  BASTILE. 


had  an  interview  with  Governor  Kirkwood,  which  the  Mar- 
shal had  promised  him,  he  would  he  released,  did  not  insist 
on  it.  His  desire  to  see  the  Governor  arose  from  the  fact 
that  that  official  was  a  personal  friend,  and  had  on  a  former 
occasion  declared  that  no  one  should  he  taken  from  the  State 
of  Iowa,  without  first  having  had  a  trial  to  see  whether  the 
accused  person  was  guilty  of  any  offence.  Mr.  Mahony  made 
a  second  demand  on  the  Marshal,  for  his  authority  in  thus 
tearing  him  from  his  home  and  business,  subjecting  him  to 
insult,  and,  above  all,  for  depriving  him  of  his  personal  liberty. 
But  to  this  the  Marshal  made  no  reply. 

Fearing  a  rescue,  Mahony  remarked  to  Hoxie,  that  he  had 
better  send  the  soldiers  one  way,  and  they  would  go  another, 
in  order  to  allay  any  excitement  that  his  arrest  might  occa- 
sion. Captain  Pierce,  commanding  the  company  of  Regulars, 
approved  of  the  suggestion,  and  the  Marshal  and  his  prisoner, 
closely  followed  by  Deputy  Conger,  hurried  on  to  the  Key 
City  House.  Hoxie,  after  leaving  him  in  the  care  of  Deputy 
Conger,  went  out,  and,  as  Mahony  afterward  learned,  rejoiced 
with  his  friends  on  what  had  occurred,  with  fanatical  zest. 

On  his  return,  he  took  Mr.  Mahony  on  board  the  steamer 
"  Bill  Henderson,"  bound  for  Davenport.  The  prisoner  took 
every  opportunity  to  prevent  a  collision  between  the  people 
and  the  military.  Yet,  Marshal  Hoxie  circulated  the  report 
that  he  had  tried  to  resist  his  writ.  Arriving  at  the  steamer, 
they  found  a  company  of  soldiers  drawn  up  on  the  levee,  and 
two  guards,  with  loaded  muskets  and  fixed  bayonets,  were 
placed  over  him.  His  friends  were  allowed  to  approach  him 
only  by  twos.  From  the  steamer  he  wrote  a  letter  to  his 
friends  in  the  city,  stating  the  fact  of  his  arrest,  and  detail- 
ing the  ungentlemanly  treatment  by  the  Marshal  and  his 
deputies.  A  committee  of  the  citizens  of  Dubuque  was  on 
the  steamer,  but  none  of  them  had  the  manly  courage  to 
speak  to  him,  with  the  exception  of  Mr.  D.  S.Wilson,  and  he 
did  so  in  a  very  formal  manner,  being  a  personal  friend.  He 
was  guarded  down  the  river  by  two  soldiers,  who  had  been 
selected  for  that  purpose  on  account  of  their  known  antipathy 


DENNIS    A.  MAHONY. 


405 


to  all  Democrats.  The  Marshal  seemed  to  consider  it  a  part 
of  his  duty  to  point  him  out  to  all  the  new  recruits  on  board, 
who  thereupon  followed  him  around  until  he  was  forced  to 
enter  his  state-room  to  escape  their  scrutinizing  gaze,  where 
he  remained  until  they  reached  Davenport.  This  was  not 
the  only  instance  in  which  his  "  private  and  hallowed  feel- 
ings "  were  outraged  by  the  Marshal,  who  pursued  a  system 
atic  course  of  mean  tyranny  toward  him,  as  will  be  seen  in 
the  sequel. 

Arriving  in  the  city  of  Davenport,  he  was  lodged  at  the 
Burton  House,  where  he  expected  to  meet  the  Governor,  but 
was  informed  that  he  was  not  there.  On  inquiring  of  the 
Marshal,  that  official  informed  him  that  the  Governor  would 
arrive  on  the  morrow,  but  one  of  the  guard  hooted  at  the  idea ; 
and,  as  the  Governor  did  not  arrive  at  the  appointed  time, 
Mr.  Mahony  has  no  doubt  that  Hoxie  wrote  him  not  to  come 
to  the  city  —  a  fair  sample  of  the  treachery  and  duplicity  of 
other  officials  higher  in  power,  of  which  Marshal  Hoxie  was 
but  an  epitome.  To  a  subsequent  letter  to  the  Governor,  he 
received  a  cold  and  insolent  reply,  couched  in  insulting  lan- 
guage, charging  him  with  disloyalty,  and  declining  an  inter- 
view with  him  either  at  Iowa  City  or  Davenport.  He  then 
felt  satisfied  that  his  bold  defence  of  constitutional  liberty 
had  made  him  the  object  of  partisan  malignity,  which  was 
being  manifested  in  the  most  despotic  manner.  He  spent  the 
night  in  the  hotel,  under  guard,  and,  when  he  awoke  in  the 
morning,  he  was  forcibly  reminded,  by  the  recumbent  position 
of  one  of  the  sentinels,  that  his  imprisonment  was  not  an 
ideal  thing,  but  a  stern  reality.  After  receiving  Hoxie 's  per- 
mission, he  sauntered  down  the  street,  accompanied  by  his 
guard,  to  visit  some  friends.  As  he  passed  along,  he  met 
Judge  Grant,  who  asked  him  what  had  happened  to  him, 
and,  being  informed,  he  volunteered  to  obtain  a  writ  of  habeas 
corpus  for  him.  But  Mahony  declined  the  Judge's  offer, 
remarking  that  he  intended  quietly  to  submit,  as  he  thought 
he  would  be  discharged  as  soon  as  his  case  was  examined  by 
the  Governor. 


406 


AMEBIC  AN  BASTILE. 


"While  at  Davenport,  several  personal  friends  called,  and 
among  them  a  Mr.  Richardson,  Editor  of  the  "  Democrat 
and  News,"  Counsellor  Parker,  H.  V.  Dilden,  an  old  ac- 
quaintance, and  Mrr.  D.  V.  Wilson,  who,  woman-like,  kindly 
assisted  in  procuring  him  some  changes  of  clothing,  in  which 
bhe  was  assisted  by  other  noble  ladies,  to  whose  kindness  he 
feels  deeply  indebted.  On  Friday,  it  was  intimated  to  him 
that,  instead  of  proceeding  direct  to  Washington,  he  was  to 
be  taken  down  the  river  to  Burlington  ;  for  what  reason,  he 
could  not  then  conceive.  The  Marshal,  however,  insinuated 
that  other  arrests  were  to  be  made,  and  subsequently  in- 
formed him  that  David  Sheward,  Editor  of  the  "  Constitu- 
tion and  Union,"  of  Fairfield,  Iowa,  was  one  of  the  individ- 
uals to  be  seized. 

They  arrived  late  on  Saturday  night  at  Burlington,  and 
walked  to  the  Barrett  House,  where  he  was  placed  in  one  of 
a  suite  of  rooms  selected  by  the  Marshal.  It  having  been 
noised  about  the  town  that  he  was  there,  a  prisoner  of  state, 
on  Sunday,  numbers  of  political  friends  called  to  see  him,  and 
manifested  more  feeling  and  sympathy  than  the  same  class 
had  done  either  at  his  home  or  at  Davenport.  The  crowd 
became  so  demonstrative  as  to  frighten  the  Marshal,  whe 
grudgingly  gave  permission  to  his  friends  to  visit  him. 
Wishing  to  go  to  church,  and  leave  having  been  hesitatingly 
granted  him,  he  was  accompanied  by  an  orderly  sergeant  of 
the  regular  service.  They  proceeded  thither,  and  took  seats 
in  the  same  pew,  presenting,  at  that  time,  a  strange  appear- 
ance in  the  free  United  States. 

During  Sunday,  the  object  of  the  visif-  to  Burlington  was 
revealed  by  the  arrival  of  Mr.  Sheward.  To  secure  his  arrest, 
as  speedily  as  possible,  the  Marshal  had  engaged  a  powerful  lo- 
comotive from  the  Superintendent  of  the  Burlington  and  Mis- 
souri Railroad,  and,  accompanied  by  that  individual,  had  pro- 
ceeded to  Fairfield,  and  arrested  Sheward  at  the  house  of  a 
friend,  where  he  was  dining.  Placing  him  on  the  locomotive, 
they  soon  arrived  at  Burlington,  where  Mr.  Sheward  was  for 
mally  presented  to  the  person  who,  from  that  day  forward. 


DENNIS    A.  MAHONY. 


407 


(the  17th  of  August,)  was  to  be  his  fellow-prisoner  and  room- 
mate, for  the  three  following  months,  in  the  now  historic  Old 
Capitol  Prison.  The  excitement  in  the  city  became  more 
intense  when  it  was  found  that  She  ward  was  also  in  custody. 
Under  the  pretext  of  removing  them  to  more  comfortable 
quarters,  Hoxie  placed  them  in  a  part  of  the  house  more  re- 
mote from  access  by  their  mutual  friends,  quadrupled  the 
guard,  and  gave  positive  orders  to  shoot  either  of  them  should 
they  attempt  to  elude  their  vigilance.  This  order  came  near 
proving  fatal  to  Mr.  Mahony,  who,  in  attempting  to  speak 
to  the  guard  as  to  the  disposal  of  an  intoxicated  man,  was 
thrust  back,  with  the  imprecation,  "  D— n  you,  stand  back, 
or  I  '11  shoot  you."  Mahony 's  indignation  was  aroused,  but 
his  humiliating  position,  in  the  hands  of  his  enemies,  would 
not  admit  of  his  resenting  the  insult,  and  he  was  obliged  to 
submit  to  their  taunts,  jeers,  and  insulting  badinage. 

Sunday  evening,  and  a  part  of  Monday,  were  spent  in 
visiting  friends,  and  receiving  visitors.  The  Marshal  had  his 
headquarters  in  the  office  of  the  "Hawk  Eye,"  an  Abolition 
journal,  that  made  a  craven  attack  on  Mr.  Mahony,  when 
first  arrested.  Here  all  persons  wishing  to  have  an  interview 
with  the  prisoners  were  obliged  to  go,  to  obtain  the  neces- 
sary pass,  which,  of  course,  was  very  humiliating  to  them. 
Senator  Grimes,  a  personal  friend  of  Mr.  Mahony  since  1854, 
made  him  a  friendly  call  while  in  Burlington,  and  promised 
to  address  the  Secretary  of  War,  demanding  for  him  a  speedy 
trial,  which  promise  he  fulfilled  in  a  delicate,  dignified,  and 
friendly  manner.  Mr.  Postlewaite,  on  vibiting  them,  forced 
upon  them  the  contents  of  his  purse,  observing,  prophet- 
ically, as  it  turned  out,  that  they  might  need  it  before  they 
again  obtained  their  freedom.  Rumors  were  circulated  dur- 
ing the  day  that  Judge  Hall,  Messrs.  Postlewaite,  Browning, 
and  Carpenter,  and  General  Dodge,  were  to  be  arrested. 
But  these  gentlemen,  regardless  of  the  clamor,  visited  them 
at  the  hotel. 

In  the  evening,  they  were  ordered  to  prepare  themselves 
to  start  for  Washington.    This  was  easily  done,  as  Mahony 


408 


AMERICAN    B  A  8  T I L  R. 


wan  almost  destitute,  and  had  but  little  means  with  which 
to  make  a  few  necessary  purchases.  Sheward  would  have 
been  as  badly  off,  had  not  his  wife  arrived  on  Monday  even- 
ing,  with  clothing  and  money.  A  guard  was  detailed  to 
take  them  to  the  ferry  boat.  The  streets  were  crowded, 
some  of  the  people  looked  on  approvingly,  but  the  majority 
with  a  scowl  at  their  custodians,  and  a  silent  pity  for  the 
captives.  In  the  cars,  en  route  to  Chicago,  they  were  guarded 
by  the  Marshal  and  a  Sergeant.  An  accident,  caused  by  the 
collision  of  two  freight  trains,  detained  them  for  some  hours, 
60  that  they  did  not  reach  Chicago  until  the  next  morning. 

The  Marshal,  after  providing  himself  at  the  Quarter- 
master's office  with  transportation  to  Washington,  took  them 
to  the  cars  of  the  Chicago,  Fort  Wayne,  and  Pittsburg  Rail 
road,  on  which,  as  elsewhere,  they  were  examined  by  an 
official,  whose  dut}-  it  was  to  examine  all  travellers,  to  pre- 
vent persons  from  evading  the  draft  by  escaping  to  foreign 
countries.  But  as  they  were  then  in  the  custody  of  the  Gov 
ernment,  no  difficulty  was  experienced  in  passing.  Hoxie  took 
especial  pains  here,  as  elsewhere,  to  inform  the  bystanders 
that  he  had  "  two  Democratic  prisoners  of  state."  At  Har- 
risburg  they  found  themselves  within  the  influence  of  martial 
law.  The  railroad,  from  that  place  to  Baltimore,  was  under 
a  guard  of  armed  men,  and  the  cars  were  full  of  soldiers 
returning  home  on  furlough,  or  going  for  the  first  time  to 
the  tented  field. 

This  was  the  case  all  the  way  to  Washington,  which  they 
reached  about  noon  on  the  21st  of  August.  They  were  im 
mediately  marched  to  the  office  of  the  Military  Governor, 
General  AVadsworth,  and  left  to  stand  in  the  hot  sun,  in 
front  of  the  building,  while  the  Marshal,  and  a  friend  named 
Taylor,  also  in  the  Government  employ,  entered  the  office  to 
obtain  their  commitment.  On  their  return,  Hoxie  ordered 
the  prisoners  to  get  into  a  prison  van,  which  stood  at  the 
door,  and  they  were  driven  to  the  Old  Capitol,  and  turned 
over  to  Lieutenant  Holmes,  who  examined  their  baggage, 
fjuestioned  them  in  regard  to  the  possession  of  arms,  liquors. 


DENNIS    A.  MAHONY. 


409 


or  valuables ;  and  not  being  satisfied  with  the  answers,  took 
hold  of  them,  shook  them  roughly,  and  finding  nothing  con- 
traband that  he  might  confiscate,  handed  them  over  to  a 
guard,  with  directions  to  take  them  to  room  No.  13,  which 
the  reader  will  find  fully  described  in  the  history  of  the  Old 
Capitol  Prison.  This  room  they  found  occupied  by  two  Vir- 
ginia gentlemen,  and  Dr.  J.  C.  Stanley,  of  Chicago.  After 
undergoing  the  formalities  of  an  introduction,  and  a  cross- 
examination,  and  registering  themselves,  they  set  about 
"learning  the  ropes."  A  few  hours  brought  darkness,  and 
with  it  their  first  night  in  the  Old  Capitol.  The  next  day 
after  their  incarceration,  they  were  visited  by  Judge  Charles 
Mason,  of  Iowa,  who  volunteered  to  act  as  counsel  for  them, 
and  arrangements  were  made  for  bringing  their  cases  to  the 
notice  of  the  Secretary  of  War,  with  a  view  to  a  trial  as 
speedily  as  possible. 

A  few  days  afterward,  Mr.  Mahony  was  visited  by  the 
correspondent  of  the  "  Chicago  Times, "  F.  B.  Wilkie,  Esq., 
who  had  formerly  been  local  editor  of  the  "  Dubuque  Herald." 
During  the  conversation,  Mr.  Mahony  was  informed  by  that 
gentleman  that  he  had  been  nominated  for  Congress.  This 
remark  displeased  Lieutenant  Holmes,  who  immediately  put 
an  end  to  the  interview.  On  returning  to  his  room,  and 
consulting  with  his  fellow-prisoners,  they  advised  him  to 
write  a  letter  to  his  constituents  accepting  the  nomination, 
which  he  did,  and  which  was  returned  to  him  with  the 
order,  in  reference  to  letters,  given  elsewhere.  Feeling  that 
he  was  detained  in  prison  to  gratify  partisan  malice,  he  wrote 
another  long  letter  to  his  constituents,  reiterating  his  former 
acceptance,  and  expressing  his  views  on  the  leading  topics  of 
the  day,  at  much  length.  This  letter  was  passed  out  sur- 
reptitiously, and,  after  publication,  caused  much  surprise  to 
the  officials  of  the  prison. 

Judge  Mason's  application  to  the  Secretary  of  War  for  the 
charges  against  Mr.  Mahony,  brought  a  denial  from  that 
official  of  all  knowledge  of  any.  The  Assistant  Secretary,  P. 
IL  Watson,  declined  granting  him  the  privilege  of  examining 


410 


AMERICAN  BASTILE. 


the  records  in  the  Provost  Marshal's  office  to  ascertain  the 
charges  against  hirn,  and,  in  his  reply  to  the  Judge,  delivered 
this  unique  sentence:  "Let  him  prove  himself  innocent." 
"  Innocent  of  what  ? "  inquired  Judge  Mason.  "  IIow  is  he  to 
know  of  what  he  is  to  prove  himself  innocent  ?  "  From  that 
time  until  he  was  discharged,  after  an  imprisonment  of  three 
months,  he  did  not  learn  the  nature  of  the  charges  against 
him,  and  all  the  applications  that  he  made  for  that  purpose 
were  alike  futile.  Mr.  Mahony  fared  badly  until  the  or- 
ganization of  messes.  Previous  to  that,  his  fare  consisted 
of  bread  with  the  addition  of  beef  for  dinner,  (denominated 
mule,)  and  coffee  of  a  miserable  quality.  This  regimen  was 
sometimes  changed  by  the  arrival  of  boxes  from  some  dis- 
charged prisoner,  containing  butter  and  some  other  solid  and 
palatable  food ;  but  they  were  "  like  angels'  visits,  few  and 
far  between." 

While  confined  here,  Mr.  Mahony  was  affected  by  one  of  the 
most  touching  incidents  of  his  life,  in  the  compassionate  re- 
gard shown  him  by  a  contraband.  Shortly  after  the  second 
battle  of  Bull  Run,  Banks's  corps  d'armee  arrived  in  Wash- 
ington, destitute  of  provisions.  Requisition  was  at  once 
made  for  all  the  bread  that  could  be  obtained.  Prisoners  of 
state  were  among  the  first  deprived  of  bread,  and  hardtack 
was  substituted,  some  of  which  was  so  hard  that  Dr.  Ross, 
of  Tamaroa,  Illinois,  figuratively  said  "  he  had  knocked  fire 
from  them;"  and  Sheward declared  "that  the  barrel  contain- 
ing the  crackers  was  marked  400  B.  C,  an  indication  of  their 
age,"  which  our  readers  will  readily  understand  without  ex- 
planation. But  we  digress.  The  contraband  "Bob"  ap- 
proached him  on  the  second  day,  in  an  awkwardly  familiar 
manner,  saying,  as  he  came  near,  "  Dese  crackers  is  too  hard 
for  massa,  an'  I  to't  I 'd  bring  him  dis  'ere  loaf  uv  bread," 
saying  which,  he  pulled  out  from  his  bosom  a  small  loaf,  a 
part  of  his  own  rations,  and  handed  it  to  him.  Mr.  Mahony 
was  overpowered  with  conflicting  emotions.  His  treatment 
und  that  of  his  fellow-prisoners,  their  subjection  to  such 


DENNIS    A.  MAHONY. 


411 


usage  a=  they  were  then  enduring,  and  the  humanity  of  the 
poor  negro,  with  other  thoughts,  crowded  together  in  hia 
mind,  and  for  a  moment  he  was  without  the  power  of  utter- 
ance. As  soon  as  he  regained  his  self-control,  he  inquired  of 
"  Bob  "  whether  the  servants,  all  colored,  were  furnished  with 
bread  rations.  He  replied  that  they  were.  So  it  appeared 
that  only  the  victims  of  despotism  were  obliged  to  put  up  with 
the  cracker  fare.  Mahony,  at  times,  when  his  indignation 
was  aroused,  denounced  the  tyrannical  acts  of  the  Administra- 
tion in  round  terms. 

During  the  campaign  before  Washington,  in  August,  1862, 
the  prisoners  distinctly  heard  the  booming  of  the  distant 
cannon,  which  created  much  excitement  among  them.  Often 
for  hours  did  they  sit  by  the  barred  windows,  looking  into 
the  street,  and  listening  to  the  firing,  which  daily  became 
more  distinct.  Various  were  the  conjectures  of  the  prisoners 
as  to  their  probable  fate,  should  they  fall  into  the  hands  of 
the  Confederates ;  for  the  prisoners  and  deserters  who  flocked 
into  "Washington,  gave  color  to  the  idea  current  among  them, 
that  disaster  and  defeat  had  overtaken  the  troops  at  the  front. 
That  the  army  was  falling  back  on  the  city  soon  became  evi- 
dent to  all. 

The  Rebel  prisoners  in  the  yard  were  jubilant,  and  were 
confident  that  victory  was  gracing  their  standard.  As  their 
shouts  of  exultation  rent  the  air,  many  a  prisoner 

.  .  .  .  "  felt  a  filial  heart 
Beat  high  within  him  at  a  mother's  wrongs." 

And  many  were  the  prayers  for  her  preservation,  by  those 
victims  whose  supplications  to  the  President,  for  their  owl 
liberty,  had  "  been  answered  only  by  repeated  injury." 

The  culpable  carelessness  of  the  prison  guard  in  firing 
through  the  ceiling,  came  near,  on  one  occasion,  causing 
Mr.  Mahony 's  death.  We  copy  a  statement  drawn  up  and 
oertified  to  by  his  fellow-prisoners,  viz. : 


412 


AMERICAN  BASTILE. 


"  Old  Capitol  Prison, 
Washington,  D.  C,  October  22,  1862. 
"The  urdereigned,  prisoners  in  the  Old  Capitol,  do  hereby  tes- 
tify,  that  on  this  day,  viz.,  the  twenty-second  of  October,  1862, 
at  two  o'clock  and  forty  minutes  p.m.,  a  ball  -was  fired  through 
the  floor  of  room  No.  16,  in  which  we,  the  undersigned,  were  at 
the  time  present.  The  ball  passed  through  the  head  of  the  bed 
on  which  D.  A.  Mahony,  a  prisoner  of  state,  was  at  the  time  re- 
clining, and  on  which  he  had  been  lying  most  of  the  day,  ill.  At 
the  moment  the  ball  went  through  his  bed,  he  had  raised  him- 
self up  on  one  of  his  elbows  to  speak  with  a  fellow-prisoner,  Dr. 
Moran,  who  was  shaving  at  the  time.  Had  Mr.  Mahony  been 
lying  down  as  he  had  been  most  of  the  day,  the  ball  would  have 
gone  through  his  head  inevitably.  The  force  with  which  the 
ball  was  shot  will  be  understood  from  the  fact  that,  after  passing 
through  the  ceiling  and  floor  underneath  room  No.  16,  it  went 
through  one  of  the  slats  of  the  bed,  through  two  bedticks, 
through  a  blanket  of  twelve  thicknesses  rolled  up  as  a  pillow, 
and  through  a  feather  pillow,  and  then  penetrated  the  ceiling  of 
room  No.  16.  As  an  evidence  of  the  truth  of  all  of  which,  wo 
hereby  subscribe  our  names,  in  presence  of  Hon.  Andrew  D.  Duif 
Judge  of  the  Twenty-sixth  Judicial  Circuit,  Illinois. 

John  H.  Mulkey, 
M.  L.  Boss, 
Frank  P.  Blair,  Jr. 

"  This  will  certify  that  I  was  present  during  the  affair  above 
described,  and  believe,  if  it  was  not  designed,  to  be  the  result  of 
gross  carelessness  on  the  part  of  those  having  the  control  of  the 
guard  of  the  Old  Capitol  Prison. 

Thos.  T.  Ellis,  M.  D., 
Late  Post  Surgeon,  New  York,  and  Medical  Director." 

Next  morning  after  this  occurrence,  one  of  the  guard  shot 
himself  through  the  head,  in  front  of  the  prison.  No  public 
mention  was  ever  made  of  the  occurrence.  Not  only  were 
some  of  the  guard  careless  and  reckless,  but  several  of  them 
were  rude  and  vicious  to  a  degree  bordering  on  brutality. 
One  day,  Mr.  Mahony  was  standing  at  one  of  the  windows 


DENNIS    A.  MAHONY. 


413 


in  room  "No.  10,  looking  out,  in  a  contemplative  mood.  The 
guard  upon  the  pavement  below,  observing  him,  called  to 
him  to  stand  back  from  the  window.  Mahony  replied  that  he 
was  as  far  back  as  the  rules  of  the  prison  required. 

"Damn  you,"  said  the  guard,  "if  you  do  not  stand  back, 
I  '11  shoot  you." 

Mahony  very  complacently  remained  standing  where  he 
was,  but  watched  the  guard's  motions  closely.  After  two  or 
three  commands  similar  to  that  first  given  to  stand  back, 
the  guard  brought  his  musket  to  his  shoulder,  and  was  about 
to  take  aim,  when  Mr.  Mahony  peremptorily  ordered  him  to 
"  Shoulder  arms  ! "  He  was  so  suddenly  startled  by  the  com- 
mand coming,  as  he  no  doubt  supposed,  from  the  chief  officer, 
that  he  quickly  shouldered  his  musket.  A  shout  of  derisive 
laughter  from  the  other  window  of  the  prison,  facing  the 
guard's  position,  was  the  first  conscious  intimation  the  fellow 
had  that  he  had  obeyed  the  order  of  Mr.  Mahony. 

During  the  remainder  of  the  time  that  this  man  remained 
on  duty,  he  seldom  took  his  eye  off"  the  window  at  which 
Mahony  had  stood,  and  the  latter  was  equally  as  attentive, 
but  at  a  respectful  distance.  After  Superintendent  Wood's 
return  from  Richmond,  where  he  had  been  on  a  peace  mis- 
sion, he  promised  to  have  the  Western  prisoners,  who  had 
been  confined  nearly  three  months,  released. 

They  were  all  suffering  more  or  less  from  their  confine- 
ment,  especially  Mahony,  who  was  failing  so  rapidly,  that 
the  physicians  in  the  room  became  alarmed  at  his  situation. 
After  examining  him,  they  expressed  their  opinion  in  the 
subjoined  certificate : 

"  This  will  certify  that  we,  the  undersigned  physicians  and 
surgeons,  having  carefully  examined  Dennis  A.  Mahony,  a  pris- 
oner of  state,  now  confined  in  the  Old  Capitol  Prison  at  Wash- 
ington, D.C.,  do  hereby  affirm  it  as  our  professional  opinion,  that 
the  bad  health  of  Mr.  Mahony  is  the  result  of  continued  confine* 
ment ;  and,  further,  we  believe  the  disease  which  be  is  now  sufc 
fering  from,  (namely,  incipient  paralysis,)  is  aggravated  by  his 


414 


AMERICAN  BASTILE. 


imprisonment,  and  that  a  protraction  of  it  will  continue  to  affect 
him  injuriously,  and  thereby  endanger  his  life. 

Thomas  T.  Ellis,  M.  D.,  and  M.  E.  C.  L.  S. 

John  J.  Moran.  M.  D. 
"In  presence  of  A.  D.  Duff." 

On  the  10th  of  November,  Superintendent  ¥m.  P.  Wood 
presented  to  Judges  Duff  and  Mulkey,  and  Messrs.  Mahony 
and  Sheward,  a  paper,  adding  that  he  was  directed  to  do  so 
by  the  Judge  Advocate  Turner,  and  to  inform  them  that 
they  could  not  be  released  until  they  signed  it,  and  agreed  to 
comply  with  its  requirements.  On  examination  it  proved  to 
contain  these  obligations:  an  oath,  both  of  allegiance  to  the 
Government,  and  an  obligation  not  to  prosecute  the  Federal  or 
State  officers  concerned  in  their  arrest  and  imprisonment  of  them. 
The  first  impulse  was  to  refuse  to  take  that  or  any  oath 
as  a  condition  of  release.  Not  that  they  objected  to  the 
taking  of  an  oath  of  allegiance,  but  to  do  so  would  imply 
that  they  were  guilty  of  some  offence  against  the  Govern- 
ment. Reflection,  and  the  urgent  advice  of  their  fellow-pris- 
oners, together  with  the  declaration  of  the  Superintendent 
that  they  would  not  be  discharged  if  they  refused,  and  that 
it  was  exacted  to  protect  those  in  the  employ  of  the  Govern- 
ment from  suits  for  damages,  (several  of  which  had  been 
commenced  by  prisoners  after  their  discharge,)  induced  them 
to  take  it. 

That  our  readers  may  see  what  the  oath  was,  we  append 
the  subjoined  copy: 

"  I,   ,  of  ,  do  solemnly  that  I  will  support,  pro- 
tect, and  defend  the  Constitution  and  Government  of  the  United 
States  against  all  enemies,  whether  domestic  or  foreign,  and 
that  I  will  bear  true  faith,  allegiance,  and  loyalty  to  the  same, 
any  ordinance,  resolution,  or  law  of  any  State  Convention  or 
Legislature  to  the  contrary  notwithstanding;  and  further,  that  I 
do  this  with  a  full  determination,  pledge,  and  purpose,  without 
any  mental  reservation  or  evasion,  whatever;  and  further,  that 
I  will  neither  enter  any  of  the  States  now  in  insurrection  against 
tko  authority  of  the  Federal  Government  or  hold  any  corre- 


DENNIS    A.  MAHONY. 


415 


Bpondence  whatever  with  them,  or  with  any  persons  in  them, 
daring  the  rebellion,  without  permission  of  the  Secretary  of  War,  and 
that  I  will  in  all  things  deport  myself  as  a  good  and  loyal  citizen 
of  the  United  States;  and  that  I  will  not  cause  or  commence 
any  action  or  suit  against  the  officers  o£  any  loyal  State,  or  of 
the  United  States,  for  causing  my  arrest  or  imprisonment,  at  any 
future  time,  so  help  me  God.    Sworn  to  and  subscribed  before 

me,  this  —  day  of  . 

"A  true  copy.  J.  J.  Moran,  M.D. 

Frederick,  Md." 

On  the  11th  of  November,  Judge  Duff,  of  Benton,  Illinois  ; 
Judge  Mulkey,  of  Cairo,  Illinois ;  David  Sheward,  of  Fair- 
field, Iowa  ;  and  Dennis  A.  Mahony,  of  Dubuque,  Iowa,  were 
taken  before  Judge  Advocate  Turner,  who,  without  giving 
them  a  trial  or  an  examination,  further  than  to  question 
them  as  to  whether  they  were  members  of  the  Knights  of 
the  Golden  Circle,  administered  the  oath  to  them,  and  dis- 
charged them.    The  discharge  read  as  follows : 

"  Old  Capitol  Prison, 
Washington,  D.  C,  November  11,  1862. 
"To  all  whom  it  may  concern  : 

"  This  will  certify  that  the  bearer,  Dennis  A.  Mahony,  a  pris- 
oner of  state,  has  been  duly  and  honorably  discharged  from 
custody  at  this  prison. 

"  By  order,  Secretary  of  War. 

Captain  B.  L.  Higgins, 
Co.  A,  86th  N.  Y.  V.,  Commanding." 

Similar  discharges  were  given  to  the  others.  They  returned 
to  their  room,  to  pack  up  the  few  pieces  of  clothing  that 
remained,  and  bid  farewell  to  their  fellow-prisoners. 

A  leave-taking  supper  was  prepared  for  them  by  the  few 
remaining  victims,  to  be  partaken  of  in  room  No.  16,  "  the 
scene  of  triumphs,  and  the  scene  of  pains."  The  room  was 
lighted  with  candles,  and  the  mess-tables  drawn  together  and 
filled  with  such  articles  as  the  prisoners  could  procure.  The 
Superintendent  was  invited  to  partake  of  the  viands.  He 
replied  that  it  was  against  the  rules  for  him  to  eat  with  the 


416 


AMERICAN    B  A  STILE. 


prisoners  ;  but  as  the  four  gentlemen  about  to  leave  were  no 
longer  prisoners,  he  would  accept  the  invitation,  which  he 
did,  and  appeared  as  much  affected  as  the  rest. 

The  gentlemen  about  to  leave  had  been  the  longest  in 
prison.  All  the  later*arrivals  looked  up  to  them  for  counse1 
and  sympathy,  and  they  were  then  about  to  separate,  perhaps, 
forever.  This  and  other  reflections  swelled  their  hearts  with 
emotions  which  found  vent  only  in  tears.  Forcing  them- 
selves away,  they  waved  adieu  to  their  old  companions,  and 
took  final  leave  of  the  Old  Capitol  Prison. 


CYRUS  F.  SARGENT. 


MR.  CYRUS  F.  SARGENT,  the  subject  of  this  narra 
tive,  was  born  in  Yarmouth,  Maine,  in  1814,  of  highly 
respectable  parents.  When  about  nineteen  years  of  age,  ho 
went  to  Louisiana  to  engage  in  business,  and  spent  some  two 
or  three  years  in  the  employ  of  one  of  the  most  influential 
merchants  of  New  Orleans.  He  subsequently  located  in 
Union  County,  Arkansas,  as  a  merchant.  The  State  was  at 
that  time  in  a  prosperous  and  flourishing  condition,  and  by 
strict  attention  to  it,  his  business  proved  prosperous,  and  he 
acquired  quite  a  fortune.  Owing  to  sickness,  he  was  com- 
pelled to  leave  the  State,  and  removed  North  in  1856  or  '57. 
But  his  old  friends  in  Arkansas  induced  him  to  commence 
business  in  New  Orleans  in  the  fall  of  1860,  his  family  still 
residing  in  Yarmouth,  Maine,  which  was  his  home.  Hear- 
ing of  the  death  of  his  wife  in  April,  1861,  and  having  a 
family  of  helpless  children  at  home,  he  closed  his  business  in 
New  Orleans  and  started  for  Maine.  At  this  time  the  war 
had  commenced. 

Soon  after  his  return  to  Maine,  he  attended,  with  other  Dem- 
ocrats, a  Convention  at  Portland.  The  subject  of  the  war 
being  the  topic  of  discussion,  he  was  called  upon  for  a  state- 
ment of  the  feeling  of  the  Southern  people.  He  told  them 
that  the  people  of  the  South  felt  that  the  war  was  forced 
upon  them,  and  all  they  asked  was  that  the  Government 
should  be  administered  according  to  the  Constitution,  and 
not  as  Abraham  Lincoln  said  it  should  be,  viz.,  on  the 
Black  Republican  platform,  for  that  platform  was  virtually  a 
declaration  of  war  against  the  Slave  States  of  the  Union. 

Mr.  Sargent  left  Portland,  Maine,  for  Boston,  Massachu- 
setts, on  the  morning  of  September  23,  1861.    While  seated 

27  417 


418 


AMERICAN  BASTILE. 


in  a  car  reading  the  morning  paper,  he  was  attacked  by  four 
ruffians,  shortly  after  reaching  South  Berwick  Junction. 
One,  a  Deputy  United  States  Marshal,  came  up  behind  him, 
and  jumped  upon  him,  crushing  him  down  between  the  seats. 
The  others  got  hold  of  him  hy  the  head  and  arms,  three  hold- 
ing him,  while  a  fourth  handcuffed  him. 

Immediately  on  being  permitted  to  rise,  he  demanded  their 
authority  for  thus  acting,  when  the  Deputy  Marshal  took 
from  his  pocket  a  paper,  saying,  "  That  is  my  authority." 
Mr.  Sargent  asked  permission  to  read  it,  but  was  refused. 
He  then  requested  the  Marshal  to  do  so,  but  this  he  also  de- 
clined. After  ironing  him  securely,  they  searched  his  per 
son,  when  one  of  the  four,  a  man  named  Goddard,  drew  his 
revolver,  saying :  "  This  is  the  thing  we  settle  such  fellows 
as  you  with."  Sargent  called  him  a  contemptible  coward  to 
draw  a  revolver  on  a  man  in  irons. 

The  cars  being  full,  the  passengers  collected  around  tho 
scene,  but  no  one  had  the  manliness  to  raise  his  voice  against 
the  brutal  manner  in  which  the  prisoner  was  treated. 

The  Marshal  and  his  minions  then  pushed  him  into  a  small 
saloon-room,  and  there  detained  him  until  the  train  arrived 
in  Boston. 

He  was  taken  in  a  coach  across  the  city,  and  placed  in  the 
cars  for  Xew  York,  stopping  only  a  short  time  in  a  room  con- 
nected with  the  United  States  Marshal's  office. 

Deputy  United  States  Marshal  Heald,  who  had  him  in  con- 
finement, refused  to  loose  the  handcuffs  that  he  might  have 
an  opportunity  of  writing  a  few  lines  to  his  children  and 
friends,  in  Yarmouth,  to  allay  their  anxiety  at  his  absence. 
They  did  not  even  permit  him  to  attend  to  the  calls  of  nature. 
It  was  with  great  difficulty  that  Deputy  Marshal  Keyes  in- 
duced Heald  to  unfasten  the  irons  from  one  wrist,  and  that 
was  replaced  within  half  an  hour.  On  arriving  in  ^New  York, 
he  was  placed  in  a  loathsome  dungeon  in  the  Tombs,  and 
there  compelled  to  pass  the  night  amid  a  horrible  stench. 

The  next  morning,  September  24,  he  was  taken  to  Fort 
Hamilton,  Heald  passing  a  receipt  with  General  Knox,  then 


CYRUS    F.  SARGENT. 


419 


in  command  of  the  Fort.  Thence  he  was  immediately  trans- 
ferred to  Fort  Lafayette,  Lieutenant  Wood  in  command. 
Here,  he  was  placed  in  one  of  the  casemates,  which  was 
crowded  with  other  victims  of  Puritanical  tyranny.  He  was 
without  a  blanket  or  mattress  for  severa1  nights,  and  suffered 
much  from  the  cold  while  lying  on  the  damp  brick-floored 
casemate.  He  was  unable  to  eat  the  scanty  food  furnished 
him,  but  soon  got  a  chance  to  take  two  meals  per  day  in  a 
mess  made  up  among  the  prisoners.  They  employed  a  man 
connected  with  the  Fort  to  furnish  them  with  provisions, 
which  were  cooked  in  his  apartments.  The  prisoners  com- 
posing the  mess  paid  the  bills.  The  water,  for  the  first  ten 
days  during  his  imprisonment,  was  filled  with  live,  snakish- 
looking  insects,  and  was  so  offensive  that  the  prisoners  had  to 
close  their  nostrils  while  drinking  it. 

The  last  of  October,  he,  together  with  a  number  of  others, 
was  removed  by  steamer  to  Fort  Warren,  Boston  Harbor. 
The  suffering  of  the  prisoners,  while  on  this  rotten,  unsea- 
worthy  steamer,  beggars  description.  The  hold  was  crowded 
with  Hatteras  prisoners,  kept  without  food  for  forty-eight 
hours ;  and,  on  arriving  at  Fort  Warren,  some  of  them  were 
nearly  dead,  and  survived  but  a  few  days. 

The  treatment  and  accommodations  at  Fort  Warren  were 
much  superior  to  those  at  Fort  Lafayette,  while  the  prisoners 
were  not  obliged  to  endure  the  uncalled-for  abuse  to  which 
they  had  been  subjected  at  the  latter  place.  The  reader  will 
see  details  elsewhere. 

He  was  released  in  the  latter  part  of  November,  after  hav- 
ing been  in  confinement  about  two  months,  without  having 
any  charges  preferred  against  him.  His  friends  went  to 
Washington,  stated  the  case  to  Mr.  Seward,  Secretary  of 
State,  who  pretended  ignorance  of  the  matter,  notwithstand 
ing  the  fact  that  Mr.  Sargent's  attorney  saw  a  telegram  from 
Seward,  ordering  his  arrest  by  the  Marshal,  some  two  weeks 
before  it  was  made. 

He  had  been  arrested  once  before  on  the  same  telegram, 
but  his  friends  had  secured  a  writ  of  habeas  corpus  for  him. 


420 


AMERICAN  BASTILE. 


and  the  case  was  abandoned.  Previous  to  the  serving  of  the 
writ,  he  endured  forty-eight  hours'  confinement  in  jail.  While 
an  occupant  of  Fort  Lafayette,  his  friends  demanded  a  trial 
for  him,  but  all  to  no  purpose.  His  friends,  who  were  inde- 
fatigable in  their  efforts,  next  negotiated  with  the  law  part- 
ner of  a  United  States  Senator  for  his  release.  "Whether  he 
was  instrumental  in  obtaining  his  freedom  or  not,  Mr.  Sar- 
gent is  not  aware  ;  however,  he  was  shortly  after  discharged, 
with  a  bill  of  expenses  heavy  enough  to  have  liberated  a 
dozen  men.  He  had  also  requested  his  friends  to  make  a 
demand  on  the  Governor  of  his  State  to  interfere  and  demand 
a  trial.  To  this,  they  replied  "  that  Robert  Elliott,  of  his 
State,  then  his  fellow-prisoner,  had  made  a  similar  demand 
on  the  Governor,  and  that  he  had  declined  having  anything 
to  do  with  it ; "  thus  permitting  citizens  of  Maine  to  be 
dragged  from  the  State  and  imprisoned,  without  a  trial,  or 
even  the  effort  to  secure  one.  Mr.  Sargent  still  resides  iD 
Yarmouth,  a  man  of  undoubted  integrity,  and  a  prominent 
citizen. 


joseph  k.  evans,  john  h.  porter,  william 
evans,  david  Mccarty,  james  keith,  Jo- 
seph W.  GIDEON,  and  VALENTINE  M.  GIDEON. 

DURING  the  night  of  the  14th,  and  the  morning  of  the 
15th  of  September,  1862,  the  following  gentlemen  were 
arrested  by  armed  mobs  disgracing  the  name  of  soldiers: 
Joseph  K.  Evans  and  John  H.  Porter,  of  Winterset,  and 
Esquire  David  McCarty,  William  Evans,  James  Keith,  Jo- 
seph W.  Gideon,  and  Valentine  M.  Gideon,  residing  in  the 
country.  Of  these  we  shall  give  separate  sketches,  but  blend 
their  history  as  prisoners. 

JOSEPH  K  EVANS. 

J.  K.  Evans  was  born  in  Washington  County,  Indiana,  ii 
the  year  1819.  His  father  was  a  native  of  Wales,  and  emi 
grated  to  the  United  States  in  1785,  served  under  General 
Harrison  at  "  Tippecanoe,"  etc.,  and  was  a  faithful  soldier 
under  General  Jackson.  Mr.  Evans's  mother  was  born  m 
the  memorable  year  1776.  His  grandfather  on  his  mother's 
side  was  a  soldier  in  Daniel  Morgan's  celebrated  rifle  corps, 
and  was  present  at  the  surrender  of  Cornwallis  at  Yorktown. 
Afterward  he  served  under  General  Greene,  and  was  killed 
near  Charleston,  South  Carolina. 

Mr.  Evans  has  resided  in  Iowa  since  1841,  and  his  present 
nome  is  in  Madison  County  of  that  State. 

His  arrest  was  made  at  about  two  o'clock  on  the  morning 
of  September  15,  1862,  by  a  company  of  soldiers  claiming  to 
De  a  part  of  the  23d  Iowa,  acting  under  orders  from  United 
States  Marshal  Hoxie,  a  name  synonymous  with  imbecility 
and  corruption.    The  prisoner  was  driver;  from  his  house  at 

421 


422 


AM  ERIC  AH  BASTILE. 


the  bayonet's  point,  not  being  allowed  time  to  dress,  his 
children  following  him  with  his  necessary  apparel.  His 
house  was  robbed,  during  that  morning,  of  notes  of  hand  to 
the  amount  of  four  hundred  dollars,  which  he  never  recovered. 
His  family  were  brutally  menaced  and  insulted.  Mr.  Evans 
held  the  office  of  Sheriff  of  Madison  County,  for  several 
years,  with  honor  to  himself  and  the  party  which  elected 
him.  He  then  retired  to  private  life  with  means  sufficient  to 
support  his  family  comfortably,  by  combining  industry  with 
frugality.  But  the  robbery  of  his  house,  his  imprisonment, 
and  consequent  loss  of  time  and  health,  have  reduced  him  to 
poverty.  He  is  still  unflinchingly  Democratic ;  and  with  the 
proud  consciousness  of  having  suffered  for  his  country,  and 
the  determination  still  to  do  her  service,  he  bears  the  44  slings 
and  arrows  of  outrageous  fortune M  with  fortitude.  From 
Joseph  K.  Evans,  we  pass  to  his  nephew, 

WILLIAM  EVAXS. 

Of  the  personal  history  of  this  gentleman  we  shall  be 
compelled  to  speak  in  more  general  terms.  The  statement 
made  above,  of  the  ancestry  of  Joseph  K.,  will  serve  to  some 
extent  for  William.  His  father,  Robert  A.  Evans,  was  born 
in  "Washington  County,  Indiana,  has  always  been  a  farmer, 
and  is  now  an  intelligent,  influential,  hale  old  man.  His 
mother  is  descended  from  one  of  the  oldest  families  of  Vir- 
ginia, and  was  a  school-mate  of  President  John  Tyler.  His 
grandfather,  David  Shoemaker,  served  under  General  Wash- 
ington, and  also  assisted  in  suppressing  the  Whiskey  Insur- 
rection. One  of  his  uncles  fell  in  the  Mexican  War,  and 
another  in  the  Indian  service. 

Mr.  Evans  was  about  twenty-three  years  of  age  at  the 
time  of  his  arrest,  which  took  place  before  daylight  on  the 
morning  of  the  loth  of  September,  1862.  His  father's  house 
was  surrounded  by  a  numerous  mob,  and  his  surrender 
demanded.  Resistance  was  not  attempted.  The  old  gentle- 
man, in  opening  the  door  to  admit  the  mob,  (under  promise 
of  proper  treatment  and  speedy  trial,)  was  severely  wounded 


DAVID    McCAKTY  —  J.   H.   PORTER.  423 

with  a  bayonet.  And  after  William  was  in  custody,  he  waa 
fired  at  by  the  commander  of  the  outlaws,  the  ball  passing 
close  to  him,  almost  grazing  the  head  of  a  sleeping  child, 
and  burying  itself  in  the  wall.  He  was  then  hurried  to 
Winterset,  a  guard  being  left  to  prevent  any  of  the  family 
from  escaping  to  give  the  alarm.  Mr.  Evans  was  elected  to 
the  office  of  Assessor  while  in  prison. 

He  is  a  young  man  of  uncommon  natural  talent  and  good 
information. 

He  is,  however,  a  contented  farmer,  and  his  extreme 
modesty  has  thus  far  prevented  him  from  seeking  or  accept- 
ing those  honors  which  he  so  richly  deserves,  and  which  hia 
niu  aerous  friends  would  gladly  bestow  upon  him. 

DAVID  McCARTY,  Esq. 

David  McCarty  is  a  native  of  Claiborne  County,  East 
Tennessee,  and  is  descended  from  Irish  ancestry.  His  father, 
Thomas  McCarty,  was  a  Captain  under  General  Jackson, 
and  afterward  removed  to  Putnam  County,  Indiana,  while 
it  was  yet  a  Territory.  Here,  David  McCarty  married  the 
daughter  of  Captain  Clift  Glassbrook,  and,  in  1839,  removed 
to  Buchanan  County,  Missouri.  In  1851,  he  went  to  Iowa, 
and  settled  in  Madison  County.  Here,  he  filled  the  office  of 
Justice  of  the  Peace  for  six  years.  He  was  nominated  by 
the  Democratic  party  of  his  district  for  a  seat  in  the  Legis- 
lature, and  although  the  district  was  largely  Republican,  he 
was  defeated  by  but  a  small  majority. 

He  was  afterward  elected  a  member  of  the  Board  of  Super- 
visors, and  presided  over  that  body  during  his  term  of  office. 

He  was  arrested  before  day,  on  the  loth  of  September, 
1862,  by  a  detachment  of  ten  men,  his  family  insulted,  and 
he  taken  from  his  house  without  sufficient  time  to  finish 
dressing,  and  hurried  off  to  Winterset. 

JOH^  H.  PORTER. 

John  H.  Porter  was  born  in  Madison  County,  Indiana. 
He  was  arrested  at  his  house  in  Winterset,  about  two 


424 


AMERICAN  BASTILE. 


o'clock,  on  the  morning  of  September  15,  1862.  Every 
trunk,  oox,  hole,  and  corner  of  the  house  was  searched  for 
papers.  His  kidnappers  said  some  persons  had  sworn  that 
Mr.  Poi  ter  wa-  Secretary  of  a  Lodge  of  the  Knights  of  the 
Golden  Circle.  This  charge,  will  of  course,  have  its  proper 
weight  with  those  who  know  that  Mr.  Porter  cannot  write 
his  own  letters.  Mr.  Porter  is  a  quiet,  inoffensive  citizen,  and 
takes  no  part  in  politics. 

J.  W.  GIDEON. 
Joseph  "W.  Gideon  is,  and  has  always  been,  a  farmer.  He 
is  a  man  of  limited  education,  and  makes  very  little  preten 
tions  as  a  politician.  He  was  arrested  at  night,  September 
15,  1862,  and  immediately  taken  to  Winterset.  His  kidnap 
pers  promised  him  a  speedy  trial,  and  a  traitor's  fate. 

V.  M.  GIDEON. 
Valentine  M.  Gideon  was  arrested  at  the  same  time  with 
itis  brother,  J.  "W".  Gideon,  and  treated  in  a  similar  manner. 

JAMES  KEITH. 

James  Keith  was  brutishly  torn  from  his  needy  family, 
before  daylight,  on  the  15th  of  September,  1862. 

He  never  heard  of  any  charge,  verbal,  or  otherwise, 
except  "  disloyalty."  This  shameful  act  of  vindictiveness 
brought  upon  the  head  of  its  author  the  hatred  of  all 
good  citizens.  After  the  arrest  of  the  gentlemen  above 
named,  they  were  dragged  to  Winterset,  under  promise  of 
trial  at  that  place ;  but  for  fear  of  rescue,  they  were  hurriedly 
crammed  into  extra  coaches,  heavily  ironed,  (except  J.  K. 
Evans,  Porter,  and  Keith,)  and  started  early  in  the  morning 
for  Des  Moines.  The  Marshal,  Hoxie,  by  whose  direction 
they  were  arrested,  gave  the  guards  the  following  order: 
"  If  a  rescue  is  attempted,  shoot  the  prisoners  first.  If  any 
one  of  the  prisoners  attempts  to  escape,  shoot,  and  shoot  to  kill 
—  only  halt  him  once.11  On  the  way  to  Des  Moines,  the  officers 
and  guard  got  dinner,  but  compelled  the  prisoners  to  remain 


JAMES  KEITH. 


425 


in  the  coaches.  At  Des  Moines,  the  prisoners  again  demanded 
to  know  (as  they  had  done  at  the  time  of  their  arrest,)  upon 
what  authority  and  for  what  cause  they  were  seized.  They 
were  answered  that  they  should  know  soon  enough.  They 
demanded  trial,  and  were  answered  with  jeers  and  insults. 

Upon  arrival  at  Des  Moines,  the  prisoners,  amid  all  kinds 
oi  insult,  except  personal  violence,  were  marched  to  Camp 
Burnside,  and  given  a  sick  man's  allowance  of  dry  bread. 
The  next  day  they  were  again  ironed,  and  driven  to  Xewtown, 
in  Jasper  County,  where  they  were  joined  by  Xaylor,  Mann, 
and  Beal.  Their  treatment  from  this  time  is  given  in  Mr 
Naylor's  narrative,  all  being  confined  together  and  treated 
alike. 

The  reception  of  the  prisoners  on  arriving  at  "Winterset, 
after  their  release,  wa3  most  enthusiastic. 

Their  arrival  a^Des  Moines  was  made  known  at  ^Vinterset 
in  the  shortest  nme  possible,  and  in  ten  hours  —  hours  of 
night  mostly  —  a  concourse  of  jubilant  Democrats,  sufficiently 
large  to  form  a  procession  one  mile  in  length,  convened  at 
vVinterset  to  welcome  the  martyrs  home.  The  enthusiasm 
on  the  occasion  baffles  description. 

The  prisoners  were  met  four  miles  east  of  the  town,  and 
escorted  in  triumph  to  their  homes. 


HOIST.  RICHARD  BEKtfETT  CARMICHAEL. 


MARYLAND,  from  the  first  settlement  of  the  State  down 
to  the  present  time,  has  had  many  citizens  to  whose 
names  she  can  point  with  pride  and  admiration.  Among 
them  may  be  designated  Richard  Bennett  Carmichael.  De- 
scended from  one  of  the  oldest  families  of  the  Eastern  Shore, 
the  name  —  which  has  been  identified  with  the  best  inter- 
ests of  the  State,  before,  during,  and  since  the  Revolutionary 
War — alone  carries  with  it  respect  and  confidence. 

The  father  of  Judge  Carmichael  was  a  lawyer  of  erudition 
and  distinction,  while  he  himself  possesses  the  reputation  of 
being  one  of  the  soundest  and  most  learned  lawyers  of  his 
State. 

When  quite  a  young  man,  he  was  elected  a  member  of 
Congress,  which  position  he  filled  with  great  satisfaction  to 
his  constituency.  After  his  retirement  from  Congress,  he 
engaged  in  professional  and  agricultural  pursuits,  at  the  same 
time  being  the  recipient  of  many  offices  of  honor  and  trust. 
Subsequently,  he  was  chosen  Judge  of  the  Circuit  Court  com- 
prising the  Counties  of  Kent,  Queen  Anne,  Caroline,  and 
Talbot. 

The  election  of  Mr.  Lincoln,  in  1861,  upon  the  issues  in- 
volved, accomplished  a  great  revolution  in  the  State  of  Mary- 
land as  well  as  in  the  United  States  generally.  The  vote  of  the 
State  of  Maryland  disclosed  an  almost  total  absence  Oi  sym- 
pathy in  the  principles  which  prevailed  in  that  election.  The 
doctrine  of  secession  had  not  much  favor  with  either  of  the  par- 
ties which  had  divided  the  State  from  the  foundation  of  the 
Federal  Government.  Bat  the  right  of  coercion  of  a  State, 
by  that  Government,  had  never  been  recognized  by  either, 
and  the  leading  men  on  both  sides  had  disclosed  decided 

426 


RICHARD    BENNETT    CAK  MICHAEL.  427 

opposition  to  it.  The  sympathies  of  the  State  were  with  the 
South  generally,  and  with  Virginia  in  particular,  when  the 
prospect  of  separation  began  to  be  developed,  after  the  elec- 
tion. Little  doubt  exists  with  any  who  observed  the  condi- 
tion of  things  at  that  period,  that,  if  Virginia  had  seceded 
in  the  early  part  of  the  winter  following,  Maryland  would 
have  gone  with  her.  Geographical  relation,  community  of 
interests,  of  institutions,  association,  and  every  tie  which 
binds  States  and  peoples  together,  served  to  make  their  for- 
tunes one. 

These  causes,  and  the  consequences  so  natural  to  them, 
led  to  the  jealousy  which  possessed  the  Federal  authorities 
toward  Maryland  throughout  the  war,  and  to  the  continued 
and  multiplied  oppression  by  which  the  State  was  borne  down 
to  its  very  close.  This,  at  least,  is  the  charitable  conclusion 
to  be  drawn  from  the  course  and  conduct  of  the  Government 
in  this  relation,  and  no  Government  ever  stood  more  in  need 
of  charity  in  finding  a  pretext  for  its  tyranny  to  the  people 
of  a  "  loyal  State."  For,  notwithstanding  her  sympathy  was 
in  the  main  the  other  way,  her  action,  as  a  State  organization 
in  all  the  departments,  was  firmly  in  adherence  to  the  Union. 

If  statesmanship  at  Washington  had  not  been  so  shallow, 
it  would  have  discovered,  what  the  people  of  the  State  had 
come  to  feel,  long  before  the  war  broke  out,  that  participation 
in  the  war  on  the  side  of  the  South,  would  lead  inevitably  to 
the  sacrifice  of  the  material  interests  of  the  State.  When 
the  people,  in  the  first  view  of  the  situation,  were  ready  to 
co-operate  with  Virginia  in  the  movement  of  secession,  they 
were  under  the  sway  of  sympathy  —  of  impulse  to  act  with 
those  with  whom  they  felt  in  common.  Moreover,  it  was 
believed  that  co-operation  in  such  a  movement  would  carry 
along  Kentucky  and  Missouri,  and  a  general  conviction  pos- 
sessed every  heart,  that  such  concurrent  action  by  these 
States  would  prevent  the  outbreak  of  war,  and,  after  a  time, 
bring  about  terms  of  conciliation  between  the  North  and  the 
South.  But,  while  Virginia  was  debating  the  policy  of  sepa- 
ration^ impulse  in  Maryland  was  giving  way  to  reflection 


428 


AMERICAN  BASTILE. 


and,  when  finally  war  was  inevitable  —  when  Mr.  Lincoln,  on 
the  one  side  of  the  Potomac,  had  flung  his  banner  to  the  breeze 
and  called  his  hosts  to  arms,  and  Virginia,  responsive  on  the 
other  side,  thundered  forth  her  ordinance  of  secession  —  to  the 
calm,  sound,  sober  thought  of  Maryland,  it  was  manifest  she 
had  no  place  but  with  the  Union  ;  that  place  she  held  geo- 
graphically, and  she  assumed  it  politically.  Her  Governor, 
Hicks  —  though  pledged,  time  and  again,  to  individuals  and  to 
committees,  in  private  and  in  public,  to  join  the  fortunes  of 
the  South,  in  the  event  of  conflict  between  the  Xorth  and  the 
South  —  rallied  to  the  Union  ;  and  her  Legislature,  although 
Democratic,  resolved  that  Maryland  had  no  alternative  but  to 
adhere  to  the  Union. 

Individual  sympathy  remained  much  with  the  South,  but 
State  purpose  and  policy  was  adhesion  to  the  Union.  The 
elections  followed  soon  after,  and  disclosed  heavy  majorities 
in  favor  of  the  Union  candidates. 

In  this  condition  of  things,  the  policy  taken  by  the  Federal 
Government  was  to  treat  the  State  as  a  conquered  province, 
and  her  people  as  enemies.  The  civil  power  was  overborne, 
and  military  rule  established  on  its  ruins.  Citizens  were  sub- 
ject to  the  caprice  of  such  characters  as  Butler,  and  Banks, 
and  Dix,  and  were  arrested  and  cast  into  prison  without  war- 
rant of  laic,  or  form  of  trial.  Hordes  of  spies  and  informers 
waited  on  the  bidding  of  Federal  chieftains ;  and  in  that 
class,  it  was  found,  by  the  capture  of  one  of  their  camps  by 
the  Confederate  forces,  that  the  Governor,  Hicks,  had  taken 
his  becoming  place.  The  Marshal  of  Police  of  the  city  of 
Baltimore  was  captured  in  his  bed  by  a  Federal  regiment. 
The  Police  Commissioners  of  that  city  and  the  Mayor  shared 
like  fortune;  and,  as  if  to  assure  the  people  of  the  State  there 
was  no  place  or  person  which  they  could  regard  secure  against 
the  march  of  unbridled  power,  the  Legislature  were  beleaguer 
ed,  captured,  aud  transported  to  a  prison  in  a  distant  State. 

The  subject  of  this  narrative,  Judge  Carmichael,  at  this 
time,  was  a  Judge  of  one  of  the  Circuits  comprising  the  Coun- 
ties of  Kent,  Queen  Anne,  Caroline,  and  Talbot    Before  the 


RICHARD    BENNETT    CARMICHAEL.  429 


beginning  of  these  arbitrary  proceedings,  the  spring  terms  in 
all  these  counties  had  been  held.  In  the  course  of  the  sum- 
mer, military  arrests  were  made  in  sundry  cases  in  Queen 
Anne  and  Talbot  Counties.  On  the  approach  of  the  fall 
elections,  squads  of  the  military  were  sent  to  both  of  them, 
to  overawe  the  voters.  Arrests  were  made,  of  persons  for 
"  disloyalty,"  who  had  not  favored  the  Union  candidate  at 
the  election.  The  Clerk  of  the  Circuit  Court  for  Queen  Anne 
was  seized  and  taken  to  the  camp  of  a  Federal  regiment 
established  near  the  village,  and  called  to  answer  before  a 
Federal  Colonel,  on  the  very  day  before  the  regular  fall  term 
of  the  Court. 

It  was  a  time-honored  custom,  in  this  Court,  for  the  Judge 
to  charge  the  grand  jury  in  respect  of  offences  subject  to 
their  cognizance,  to  which  Judge  Carmichael  had  conformed ; 
and,  as  the  proceedings  of  the  Federal  officers  had  caused 
much  distress  and  alarm  throughout  the  jurisdiction,  he  had 
to  perform  or  shrink  from  the  duty  belonging  to  the  occasion. 

He  charged  the  grand  jury,  that  every  arrest,  without 
"  warrant  of  law,"  was  arbitrary  and  unlawful,  and  that  the 
parties  thereto  were  subject  to  their  cognizance.  Bills  of 
presentment  followed,  but  the  camp  had  been  broken  up  and 
the  regiment  removed  before  proceedings  from  the  Court 
could  reach  the  offenders. 

The  term  of  the  Court  in  Talbot  County  followed  in  a  fort- 
night after.  In  this  county,  wrongs  similar  to  those  presented 
in  Queen  Anne  had  been  suffered  ;  and  here  the  Judge  charged 
the  grand  jury  to  the  same  effect,  and  in  the  same  general 
terms  as  in  Queen  Anne,  with  similar  results.  One  of  the 
county  papers  made  a  gross  misrepresentation  of  the  terms 
and  meaning  of  the  charge  to  the  grand  jury.  The  purpose 
of  this  was  so  transparent  that,  at  the  instance  of  his  friends, 
the  Judge  reduced  his  charge  to  writing,  and  gave  it  to  the 
press.  It  was  written  out,  as  nearly  as  might  be,  in  the  very 
terms  delivered,  so  that  those  who  had  heard  could  verify  its 
identity  when  they  should  see  it  in  print.  So  it  is  giver 
here,  in  the  simple  didactic  form  in  which  it  was  the  Judge'* 


430 


AMERICAN  BASTILE. 


wont  to  discourse,  "  ore  tenas"  to  the  grand  jury,  in  respect 
of  their  duties. 

"Judge  CarmichaeV  s  Charge  to  the  Grand  Jury  of  Talbot  County,  on 
Arbitrary  Arrests,  November  Term,  1861. 

"Having  now,  gentlemen,  charged  you  generally  of  the  duties 
of  your  high  office,  here  I  would  dismiss  you  to  your  chamber, 
if  my  duty  did  not  require  me  to  invite  your  notice  to  acts  of 
outrage  and  violence  unusual  in  this  quarter. 

"  Through  the  public  papers  and  otherwise,  it  has  come  to  my 
knowledge,  that  violations  of  law  have  been  committed  by  per- 
sons holding  themselves  above  the  law,  which,  by  tacit  accord,  for 
some  reason  have  as  yet  escaped  the  cognizance  of  the  authorities. 
Violent  and  dangerous  injuries  have  been  committed,  upon  your 
citizens,  whilst  the  process  of  law  has  been  forbidden  to  reach 
the  offender.  Arrests  have  been  made,  utterly  groundless  as  it 
turned  out;  but  whether  with  cause  or  not,  by  persons  having 
no  legal  competency  to  make  arrests,  and  without  1  warrant  of 
law/  or  process  from  legal  authority.  A  squad  of  soldiers,  with 
no  pretence  of  authority  but  their  arms,  it  is  said,  have  invaded 
the  homes  of  your  fellow-citizens,  and  dragged  them  to  their 
camp.  There  they  have  been  detained  as  long  as  it  suited  the 
pleasure  of  their  captors. 

"These  are  the  cases  to  which  your  attention  is  directed — now 
a  word  about  the  law.  And  but  for  the  very  peculiar  state  of 
affairs,  1  should  be  content  to  leave  you  to  the  counsels  of  the 
State.  But  it  belongs  to  every  department  to  bear  its  share  of 
duty  in  the  administration  of  the  law.  Yours  is  imperative, 
mine  is  not  less  so. 

"Is  there  one  in  your  panel  here,  where  the  law  has  been  held 
supreme;  where,  twice  in  every  year,  from  time  immemorial,  its 
ministrations  have  been  conducted,  who  does  not  know  that  the 
facts  stated,  constitute  offence  against  the  law? 

"I  have  told  you  that  your  duties  extended  to  every  case  of 
public  wrong.  The  mandate  of  your  solemn  obligation  requires 
that  you  make  'true  presentment  of  all  such  matters  as  shall 
come  to  your  knowledge,'  and  if  all,  then  there  is  no  exception, 
and  your  cognizance  must  be  exercised  over  the  cases  mention*'!, 


BICHAED    BENNETT  CAEMICHAEL. 


431 


unless  you  find  some  dispensing  power,  of  which  I  have  found 
no  mention  in  the  law. 

"Offences  are  the  acts  of  persons.  Every  person,  public  or 
private,  high  or  low,  is  subject  to  the  visitation  of  the  law 
Whether  invested  with  the  robes  of  power,  or  covered  with 
humble  rags,  all  are  alike  amenable  to  its  sanctions.  That  'the 
law  only  is  supreme  in  this  land,'  you  have  heard  proclaimed  by 
my  honored  predecessors,  from  this  place,  at  every  term.  Here- 
tofore I  have  so  pronounced  —  my  duty  now  still  bids  me  to  re- 
peat the  same  to  you,  gentlemen,  the  Grand  Inquest,  its  chosen 
ministers. 

"Violent  and  dangerous  breaches  of  the  public  peace  have  oo 
curred  here  aforetime.  With  such  offences  you  are  not  un- 
familiar. They  have  received  the  prompt  cognizance  of  your 
department,  and  have  met  the  speedy  and  certain  punishment 
which  the  law  denounces  upon  all,  without  distinction.  They 
are  now  not  less  obnoxious.  In  regard  to  these,  I  need  not  add 
another  word. 

"But  arbitrary,  illegal,  and  false  imprisonments  have  been  un- 
known to  our  modern  history.  In  a  practice  of  more  than  six- 
and-twenty  years  at  the  bar,  throughout  this  circuit,  and  a  ser- 
vice of  a  few  years  upon  the  bench,  I  have  never  known  such  a 
case  —  either  by  criminal  presentment,  or  by  civil  action.  Al- 
most every  crime  and  misdemeanor,  with  this  exception,  have 
found  persons  wicked  enough  to  commit  them.  It  will  striko 
you,  how  sacred  the  right  of  personal  freedom  has  been  held 
within  this  jurisdiction,  for  more  than  a  quarter  of  a  century. 
And,  you  will  be  assured,  there  is  ample  redress  for  its  inva- 
sion— that  it  has  been  preserved  thus  inviolate.  It  is  the  he- 
reditary right  of  American  freemen.  It  was  the  right  of  their 
ancestors,  before  American  Independence. 

"Before  that  day,  a  British  subject  could  not  be  arrested,  but 
under  process  of  law.  An  arrest  and  detention  of  his  person 
was  unlawful,  unless  made  under  'process  from  the  Courts,  or 
under  process  from  a  legal  officer,  having  the  power  to  commit 
under  his  hand  and  seal.' 

"  This  process  was  required  to  be  founded  on  oath,  disclosing 
the  cause  of  arrest.  Indeed,  so  jealously  was  the  liberty  of  the 
subject  guarded,  that  it  was  held,  at  a  very  early  day,  by  a  high 


432 


AMERICAN  BASTILE. 


authority,  such  as  Coke,  that  a  felon  could  not  be  arrested  upon 
the  warrant  of  a  Justice,  until  'after  indictment  actually  found/ 
This  strictness,  it  is  true,  was  combatted.  But  from  that  day, 
to  the  date  of  American  Independence,  the  arrest  of  a  British 
suoject  could  not  lawfully  be  made,  unless  under  the  authority 
ol  judicial  or  justicial  warrant.  Made  otherwise,  it  was  'false 
imprisonment;'  an  offence,  which  an  eminent  English  jurist  de- 
nominates 'a  heinous  public  crime,'  for  which,  he  says,  'the  law 
demands  public  vengeance.'  Every  arrest  without '  due  process,' 
was  regarded  arbitrary,  illegal,  and  despotic,  and  such  as  the  min- 
isters, at  the  date  of  American  Independence,  dare  not  claim  for  the 
British  crown.  The  assertion  at  this  day,  of  such  a  power  for  the 
crown,  would  shake  the  British  throne  to  its  very  foundations. 

"Exemption  from  the  exercise  of  such  power,  is  the  birthright 
of  Americans.  They  trace  it  back  in  the  musty  scrolls  of  the 
mother  country  for  ages  long  past.  It  is  inscribed,  in  letters  of 
light,  in  the  Constitution  of  Maryland.  This  right  may  yet  be 
found  in  the  Constitution  of  the  United  States  —  the  Supreme 
law  —  before  which  every  person,  potentate,  and  power  in  the 
United  States  must  give  place. 

"  I  will  read  it  there,  gentlemen.  But  first  indulge  me  while 
I  read  a  resolution  of  the  first  Congress,  which  explains  why 
this,  with  other  privileges  of  the  citizen  were  inscribed  there. 
The  reading  will  be  both  instructive  and  profitable.  '  The  Con- 
vention of  a  number  of  the  States,  having  at  the  time  of  their 
adopting  the  Constitution,  expressed  a  desire,  in  order  to  prevent 
misconstruction  or  abuse  of  its  powers,  that  further  declaratory 
and  restrictive  clauses  should  be  added.  And  as  extending  the 
ground  of  public  confidence  in  the  Government,  will  best  insure 
the  beneficent  ends  of  its  institution  :  Besolved  by  the  Senate 
ind  House  of  Eepresentatives  of  the  United  States  in  Congress 
assembled,  two-thirds  of  both  Houses  concurring,  that  the  fol- 
lowing articles  be  proposed  to  the  Legislatures  of  the  several 
States,  as  amendments  to  the  Constitution  of  the  United  States,' 
etc.  By  this  reading  you  will  observe  that  the  Constitution  as 
originally  adopted  by  the  Federal  Convention,  was  without  those 
'restrictive  and  declaratory  clauses.'  The  Government  had  been 
imbued  with  all  the  powers  intended  to  be  delegated.  Its 
framers  nad  designed  that  these  powers  —  all  of  them  —  should 
ho  exerted  as  occasion  required,  and  none  others.    But  they  had 


RICHARD    BENNETT    CARMICHAEL.  433 

not  expressed  the  prohibitions,  which  were  supposed  to  be  im- 
plied. When,  however,  it  came  about  that  the  sovereign  will 
was  to  breathe  life  into  its  being,  you  find  a  law  —  a  limit,  was 
imposed  upon  its  powers  simultaneously.  When  the  Constitu 
tion  was  referred  to  the  States  for  ratification,  with  one  accord 
they  required  the  insertion  of  these  articles,  'to  prevent  miscon- 
struction and  abuse  of  the  powers '  already  expressed. 

"  There  were  some  things  they  were  not  willing  to  leave  to 
construction,  for  fear  of  misconstruction.  There  were  powers 
which  they  regarded  dangerous  to  put  to  use,  without  restric- 
tion, from  their  liability  to  abuse.  Therefore  it  was  that  the 
first  Congress  submitted  these  restrictive  clauses  to  the  States 
for  their  adoption.  Twelve  were  submitted  to  the  States.  Ten 
of  them  were  adopted.  They  are  the  ten  commandments;  for- 
ever forbidding  any  and  all  the  powers  of  the  Government  to 
infringe  the  rights  of  the  citizen  —  to  do  by  construction  any- 
thing herein  forbidden.  There  is  no  power  to  suspend  any  of 
these  commandments,  as  in  regard  to  the  habeas  corpus.  There 
is  no  conflict  of  jurisdiction  as  now  claimed  between  the  execu- 
tive and  legislative  departments  in  regard  to  this  great  right 
Here  all  the  powers  of  Government  are  forbidden. 

"  These  are  the  ten  : 

ARTICLES 

IN  ADDITION  TO,  AND  AMENDMENT  OP  THE 

CONSTITUTION    OF    THE   UNITED  STATES, 

"  Proposed  by  Congress,  and  ratified  by  the  Legislatures  of 
the  States,  pursuant  to  the  fifth  Article  of  the  original  Constitu 
tion. 

Article  1. 

11  Congress  shall  make  no  Jaw  respecting  an  establishment  of 
religion,  or  prohibiting  the  exercise  thereof,  or  abridging  the 
freedom  of  speech,  or  of  the  press ;  or  the  right  of  the  peoplo 
peaceably  to  assemble  and  to  petition  the  Government  for  a  re- 
dress of  grievances. 

Article  2. 

"  A  well-regulated  militia  being  necessary  to  the  security  of  a 
free  State,  the  right  of  the  people  to  keep,  and  bear  arms,  shall 
not  be  infringed. 
28 


434  AMERICAN  EASTILE. 

•* 

Article  3 

".No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house, 
without  the  consent  of  the  owner,  nor  in  time  of  war,  but  in  a 
manner  to  be  prescribed  by  law. 

Article  4. 

"  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures, 
shall  not  be  violated,  and  no  warrant  shall  issue  but  upon  proba- 
ble cause,  supported  by  oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  persons  or  things  to 
be  seized. 

Article  5. 

"No  person  shall  be  held  to  answer  for  a  capital  or  otherwise 
infamous  crime,  unless  upon  a  presentment  or  indictment  of  a 
grand  jury,  except  in  cases  arising  in  the  land  or  naval  forces  or 
in  the  militia,  when  in  actual  service  in  time  of  war,  or  public 
danger;  nor  shall  any  person  be  subject  for  the  same  offence  to 
be  twice  put  in  jeopardy  of  life  or  limb ;  nor  shall  be  compelled 
in  any  criminal  case,  to  be  a  witness  against  himself,  nor  be  de- 
prived of  life,  liberty,  or  property,  without  due  process  of  law; 
nor  shall  private  property  be  taken  for  public  use,  without  just 
compensation. 

Article  6. 

"  In  all  criminal  prosecutions,  the  accused  shall  enjoy  the  right 
to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the  State 
and  district  wherein  the  crime  shall  have  been  committed,  which 
district  shall  have  been  previously  ascertained  by  law,  and  to  be 
informed  of  the  nature  and  cause  of  the  accusation;  to  be  con- 
fronted with  the  witnesses  against  him ;  to  have  compulsory  pro- 
cess for  obtaining  witnesses  in  his  favor,  and  to  have  the  assist- 
ance of  counsel  for  his  defence. 

Article  7. 

"  In  suits  at  common  law,  where  tho  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  pre- 
served, and  no  fact  tried  by  a  jury  shall  be  otherwise  re-exam« 
ined  in  any  court  of  the  United  States,  than  according  to  the 
rules  of  the  common  law. 


RICHARD    BENNETT    CAEMICHAEL  485 


Article  8. 

u  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  cruel  and  mynsual  punishments  inflicted. 

Article  9. 

"  The  enumeration  in  the  Constitution  of  certain  rights,  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the 
people. 

Article  10. 

"  The  powers  not  delegated  to  the  United  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  States,  are  reserved  to  tho 
States  respectively,  or  to  the  people. 

"  The  4th  Article  forbids  the  arbitrary  arrest  and  false  imprison 
ment  of  the  citizen.  It  guarantees  to  him  the  right  heretofore 
enjoyed  under  the  British  Constitution.  It  prohibits  'unreason- 
able seizure prohibits  a  warrant  for  seizure  except  upon  1  prob- 
able cause and  requires  such  cause  to  be  shown  under  the  sanc- 
tion of  1  oath  or  affirmation/ 

"  Here  is  no  room  for  misconstruction.  The  supreme  law  is  ex- 
press in  its  terms.  It  is  set  up,  by  its  declared  terms,  as  a  bar- 
rier to  the  powers  to  be  in  the  State.  It  remains  to  us  as  a  barrier 
against  '  the  powers  that  be.' 

u  It  has  never  been  repealed,  nor  can  be  lawfully  repealed,  ex- 
cept by  the  power  which  created  the  Government,  and  in  the 
manner  provided  by  the  Constitution  itself. 

"This  freedom  fiom  imprisonment  1  without  due  process,'  is 
absolute  in  the  citizen,  with  only  two  exceptions.  One,  in  which 
he  is  found  in  the  very  act  of  committing  a  felony,  which  obtains 
alike  in  England  and  this  country;  the  other,  where  he  has  ex- 
changed the  citizen  for  the  soldier — 'in  cases  arising  in  the 
land  or  naval  forces,  or  in  the  militia  when  in  actual  service  in 
the  time  of  war  or  public  danger/ 

"Your  inquiries  will  enable  you  to  ascertain  if  the  arrests  re 
ported  have,  in  fact,  been  made,  and,  if  you  find  they  have  beeo 
made,  whether  they  come  under  the  excepted  cases  just  stated. 

u  If  they  have  been  made,  and  are  not  within  the  rule  of  these 
exceptions,  then  they  are  public  wrongs.  It  is  my  duty  so  to 
charge  you,  and  so  I  do  charge  you. 

"The  circumstances  in  which  we  are,  instruct  me  to  remind  you 


436 


AMERICAN  BASTILE. 


that  your  inquiries  into,  and  action  upon,  this  subject  are  to  be 
conducted  —  unmoved  by  prejudice,  unswerved  by  favor,  and  un- 
awed  by  fear. 

"I  cannot  doubt  that  you  will  not  be  warped  by  prejudice  cn 
the  one  side,  nor  by  favor  on  the  other.  As  you  are  freemen,  you 
are  required  to  swear  that  you  will  not  be  restrained  by  fear  in 
the  discharge  of  your  duty.  A  freeman  should  have  no  fear  but 
of  his  God.  The  law  is  ordained  by  him.  That  commands  what  is 
right,  and  forbids  what  is  wrong.  It  would  be  mockery,  and  I 
would  not  permit  you  to  take  the  oath  to  act  without  fear,  if 
there  was  an  earthly  power  to  restrain  your  free  will. 

"  There  may  be  others,  besides  the  persons  who  committed  tho 
violations  of  law  heretofore  considered,  who  may  be  obnoxious 
to  presentment.  If  any  of  your  citizens  have  instigated  theso 
groundless  arrests,  they  are  more  guilty  than  those  upon  whom 
they  have  imposed.  And  it  is  hardly  to  be  supposed  that 
strangers  amongst  you  would  wantonly,  and  without  suggestions 
by  mischievous  persons,  molest  and  harass  your  people.  Such 
persons  ar3  liable  for  conspiracy.  But  your  diligent  and  im- 
partial inquiry  will  ascertain  the  truth. 

"  I  am  admonished,  gentlemen,  by  former  misconstructions,  to 
say  to  you  that  my  instructions  to  you  are  not  moved  by  political 
or  partisan  bias. 

"  If  I  have  declared  to  you  the  law  as  I  understand  it,  you  will 
remember  it  is  under  the  same  solemn  sanction  by  which  you  are 
bound.  If  there  be  a  class  or  party  of  persons  who  are  banded 
together  to  oppose  or  violate  the  laws,  it  is  my  duty  to  animad- 
vert upon  their  acts.  If  the  facts  to  which  I  have  alluded  art 
true,  their  obvious  tendency  is  not  only  to  disturb  the  peace  of 
society,  but  to  subvert  the  very  foundations  of  the  Government 
whose  laws  both  you  and  myself  are  sworn  to  administer. 

"  With  the  condition  of  our  unhappy  country,  the  evils  which 
exist,  their  causes,  and  those  who  are  to  be  blamed,  I  have 
nothing  to  say  here.  I  have  my  own  —  a  very  strong  opinion. 
Others  entertain  another  opinion.  They  are  entitled  to  their 
own,  and  I  am  equally  entitled  to  mine.  I  would  not  trespass 
upon  my  own  sense  of  propriety  by  alluding  to  these  subjects 
here.  But  I  should  feel  myself,  and  should  be  regarded  by 
Others,  unworthy  this  place,  if  I  should  fail  to  charge  you  of 
offences  against  law,  be  the  offenders  who  they  may." 


RICHAKD    BENNETT    CAKMICHAEL.  437 

111  a  few  days  after  the  publication  of  this  charge  the  very 
air  was  thick  with  rumors  that  the  hand  of  the  Federal  p.nver 
would  be  laid  upon  the  Judge.  The  guilty  author  of  the 
after  outrage  was  back  and  forth,  more  than  once,  to  General 
Dix's  headquarters.  But  the  time  for  such  outrage  had  not 
yet  come.  The  fate  and  fortunes  of  men  had  not  yet  fallen 
into  the  ruthless  hands  which  never  staid  for  choice  betwixt 
right  and  wrong.  The  jurisdiction  in  such  cases  yet  re- 
mained in  the  department  where  the  "  little  bell "  inaugurated 
the  proceedings. 

It  was  privately  said  that  the  little  bell  had  rung,  but*, 
that  before  his  order  was  issued,  Mr.  Seward  took  counsel 
of  his  duty  in  the  premises,  and  being  advised  to  read  the 
obnoxious  "  charge  "  and  decide  for  himself,  upon  considera- 
tion he  dismissed  the  subject,  with  those  who  had  come  pan- 
dering it  to  his  embrace. 

But  the  assertion  of  the  Constitution  and  the  law,  in  con- 
straint of  the  power  which  dispensed  with  both  at  pleasure, 
was  an  offence,  for  which,  in  the  course  of  time,  the  Judge 
suffered  a  bloody  visitation.  When,  six  months  later,  he 
came  to  hold  the  spring  term  of  the  court  in  Talbot  County.  1 
after  the  court  had  been  in  session  for  more  than  a  week,  in 
the  midst  of  the  trial  of  a  cause,  and  while  a  witness  was 
under  examination  before  the  jury,  he  was  set  upon  by  a 
gatg  of  ruffians  from  the  city  of  Baltimore,  dragged  from 
the  bench,  and  beaten  and  hacked,  until  he  was  brought  sense- 
less to  the  floor  and  drenched  in  his  blood.  And  still  the 
violence  was  not  intermitted,  until  one  of  the  party,  less 
brutal  than  the  rest,  interposed,  and  protested  it  should  cease. 

If  the  transaction  was  such  as  to  shock  all  civilized  men, 
there  was  this  to  sanctify  it  to  the  favor  of  the  loyal — that  it 
was  conducted  by  Mr.  Provost  Marshal  McPhail,  a  special 
and  confidential  agent  of  the  War  Department,  for  Maryland. 
His  was  a  peculiar  jurisdiction  there,  which  commanded  the 
service  of  the  General  Commandant,  but  held  itself  indepen- 
lent  of  that  officer. 

Marshal  McPhail  came  to  Easton  (the  county  seat  of  Tal- 


438 


AMERICAN    B  A  S  T  I  L  E. 


bot  Count}  )  with  no  other  aids  to  make  the  arrest  of  Judge 
Carmichael,  but  a  handful  of  Baltimore  roughs,  whom  he 
designated  his  deputies,  and  a  Colonel  and  some  subalterns 
of  the  Federal  arm)'.  But  after  a  survey  of  the  ground,  he 
telegraphed  orders  to  General  Dix  for  a  part  of  his  command, 
and  he,  obedient  to  the  high  behest,  sent  them  forward  with 
a  steamer,  and  thereby  shared  a  part  of  the  glory  of  the 
achievement.  Occupying  a  position  of  much  distinction,  the 
Marshal  has  suffered  deep  reproach  in  violating  the  temple 
of  justice  and  its  minister  on  the  bench,  and  if  that  was  hi., 
choice,  he  will  leave  the  stain  to  folloV  his  name  forever, 
because  there  was  no  obstacle  to  a  quiet  arrest  from  the 
moment  he  reached  Easton.  On  Saturday  evening  he  arrived 
with  his  deputies,  and  Judge  Carmichael  remained  alone  in 
the  hotel  that  night,  and  until  noon  on  Sunday.  He  had 
heard  of  the  advent  of  this  high  official,  and  the  reputed 
object  of  his  mission,  and  waived  an  engagement  to  spend 
that  night  and  the  Sabbath  in  the  country  with  a  friend,  lest 
the  invasion  of  his  premises  by  the  Provost  Marshal  should 
alarm  the  peace  of  his  family.  In  that  proceeding  some  of 
his  friends  have  alleged  that  the  Marshal  was  controlled  by 
the  guilty  author  of  the  order  issued  for  Judge  CarmichaeTa 
arrest. 

The  extremity  to  which  the  outrage  was  carried,  was  jus- 
tified on  two  grounds — one  true,  the  other  false.  The  first 
was  that,  when  the  Provost  Marshal  introduced  himself  aa 
Mr.  McPhail,  and  announced  his  mission,  the  Judge  (never 
having  seen  him  before)  did  not  know  him,  and  said,  "  Sir,  I 
do  not  recognize  your  authority."  The  second,  that  he 
made  resistance.  McPhail  said,  "  I  arrest  you."  The  Judge 
replied,  "Who  are  you?"  McPhail  returned,  "I  am  Mr. 
McPhail  —  I  am  the  Provost  Marshal."  The  Judge  rejoined, 
"  I  do  not  recognize  your  authority."  McPhail  added,  "  I 
have  the  furce  to  effect  the  arrest."  The  Judge  said,  "You 
shall  see,"  and  called  for  the  Sheriff ;  but  the  Sheriff  had 
escaped  before  the  Marshal  appeared,  and  with  him  his 
deputy. 


RICHARD    BENNETT    CARMICHAEL.  439 


The  court-room  had  been  cleared  of  most  of  the  bystanders 
by  the  summons  of  the  hotel  dinner-bell,  before  the  invaders 
appeared.  That  moment  was  seized  for  the  outrage.  The 
few  remaining  were  arrested  or  driven  from  the  court-room 
by  the  deputies  and  the  Federal  officers,  who  partook  in  the 
outrage,  by  the  show  and  threats  of  pistols.  The  Judge  sat 
unmoved,  and  now,  when  there  was  no  means  of  resistance, 
or  indication  of  an  act  so  vain,  one  of  the  deputies  mounted 
the  platform  of  the  bench,  and  seizing  the  Judge  by  the 
beard,  called  out  in  a  tone  of  insolent  authority,  "  Come  out, 
o'here!"  This  was  more  than  could  be  borne.  There  is 
a  limit  at  which  prudence  and  dignity  can  exert  control  no 
longer.  At  the  foul  touch  of  his  assailant,  the  Judge  in  an 
instant  was  erect,  and  flung  him  aside,  and  kicked  him  off 
the  platform  of  the  bench.  But  the  party  did  not  wait  for 
this  retaliation  by  the  Judge  to  begin  their  part,  but  as  he 
arose  and  threw  off  his  assailant,  at  that  instant  they  com- 
menced to  deliver  their  blows  upon  his  bald,  bare  head,  with 
the  hammers  of  their  clubbed  pistols,  and  proceeded  until  he 

was  knocked  senseless  down  The  pretext  of  resistance 

was  put  forth  to  soothe  the  indignation  manifested  by  some 
of  the  "  loyal  citizens,"  when  the  news  went  abroad  of  an 
outrage  so  unparalleled. 

These  facts  are  given  in  detail,  so  that  if  a  time  do  ever 
return  when  the  law  is  restored  to  the  respect,  love,  and 
support  of  the  people,  they  may  be  warned  to  what  extremity 
an  unbridled  power  in  the  state  will  outrage  those  who  in- 
terpose the  authority  of  the  law  for  the  protection  of  society. 

A  surgeon  was  permitted  to  dress  the  wounds  of  the 
Judge.  He  was  denied  the  privilege  of  going  to  his  room, 
under  guard,  for  a  change  of  clothing.  This  was,  perhaps, 
well-judged  caution.  For  the  sight  of  his  bloody  garments 
might  have  stirred  the  hearts  of  the  people  to  mutiny, 
despite  the  military  array  vouchsafed  by  General  Dix. 

Judge  Carmichael  was  imprisoned  more  than  six  months ; 
yet  his  offence  was  not  ever  read  or  repeated  or  intimated 
to  him.    He  was  first  lodged  in  Fort  McIIenry.  Thence, 


440 


AMEKICAX  BASTILE. 


after  the  lapse  of  six  weeks,  he  was  deported  and  confined 
at  Fort  Lafayette  for  more  than  two  months.  Here  he  suf- 
fered, from  confinement  in  a  damp  casemate,  an  attack  of 
acute  rheumatism,  which  has  left  him  permanently  lame. 

"While  imprisoned  at  Fort  Lafayette,  he  addressed  a  letter 
to  the  President,  asking  for  his  discharge,  and  enclosed  to 
him  a  copy  of  his  charge  to  the  Grand  Jury  of  Talbot 
County,  at  Xovernber  Term,  1861.  (A  copy  of  this  letter  is 
appended.)  With  him,  many  others  were  taken  to  that  post 
from  Fort  McHenry.  and  a  list  of  their  names  from  Brigadier 
General  Morris,  with  the  charge  or  charges  under  which 
each  was  held,  opposite  his  name.  Opposite  the  name  of 
Judge  Carmichael  was  entered,  "  Xo  charge  at  these  head- 
quarters." 

From  Fort  Lafayette  he  was  conveyed  under  guard  to 
Fort  Delaware,  but  no  charge  against  him  accompanied  the 
papers  delivered  with  him  at  that  Fort.  Here  he  remained 
from  the  23d  September  to  the  4th  December,  when  he  was 
released  without  condition. 

On  the  10th  of  December,  after  he  had  been  at  home  a 
few  days,  he  addressed  a  letter  to  the  President,  renewing 
his  demand  for  the  cause  of  his  arrest,  and  for  the  name  or 
names  of  those  by  whose  agency  it  had  been  ordered.  (A 
copy  of  this  letter  is  also  appended.)  The  President  never 
condescended  a  reply  to  either  of  his  letters. 

His  release  returned  him  to  his  duties  on  the  bench.  The 
law  he  was  appointed  to  administer  was  unchanged,  and  no 
question  against  him  had  been  made  after  arrest,  in  respect 
of  his  instruction  to  the  grand  juries  on  the  subject  of 
federal  wrongs  by  military  officers.  During  his  imprison- 
ment, a  wholesale  seizure  of  citizens  in  Caroline  County,  one 
of  the  counties  of  his  circuit,  had  been  made. 

On  Saturday,  preceding  the  Monday  when  the  term  in 
Kent  began,  in  the  spring  of  1863,  the  editor  of  the  Demo- 
cratic newspaper  at  Chestertown  was  arrested.  General 
Lock  wood,  of  the  Federal  army,  distinguished  his  militarv 
career  by  this  exploit. 


ltlCHARD    BENNETT    CAR  MICHAEL.  441 


Judge  Carmichael  charged  the  grand  juries  in  these  coun- 
ties in  respect  of  these  outrages.  Omitting  the  particular 
facts  in  the  cases,  his  charge  is  here  inserted  as  read  to  the 
juries. 

lie  had  taken  the  precaution  to  have  his  instructions  iu 
writing,  before  delivery,  so  as  to  furnish  them  to  the  preso, 
in  case  of  misrepresentation : 

"Charge  of  Judge  Carmichael,  at  Caroline  and  Kent  Counties, 
in  1863,  on  the  subject  of  Arbitrary  and  Unlawful  Arrests. 

%t  Early  after  the  outbreak  of  this  unhappy  war,  it  fell  to 
my  duty  to  charge  the  grand  juries  in  Queen  Anne  and 
Talbot  Counties.  Persons  pretending  to  act  under  Federal 
authority,  had  seized  upon  citizens  without  1  warrant  of 
law,'  and  cast  them  into  prison  without  the  form  of  trial. 
I  should  be  content  here  to  dismiss  this  subject,  and  to  send 
a  copy  of  the  charge  delivered  in  those  counties,  as  my  in- 
struction to  you,  gentlemen,  in  respect  of  your  duty  in  this 
relation ;  but  that  many  pretexts  have  been  set  up  for  such 
proceedings,  which  may  tend  to  disarm  the  law  of  its  obliga- 
tions upon  you  to  take  cognizance  of  them. 

"  That  charge  contained  little  more  than  a  recital  of  the 
law  applicable  to  the  subject  now  before  you,  including  ex- 
tracts from  the  Constitution  of  the  United  States,  together 
with  some  historic  reference  to  enforce  its  obligation. 

"If  it  contained  the  law,  then,  and  for  those  juries,  the 
same  is  the  law  now,  and  for  you,  gentlemen.  To  the  same 
effect  have  several  of  the  courts  in  Northern  States  held 
the  law  within  a  few  months,  and  many  eminent  jurists  have 
lent  the  authority  of  their  names  in  maintenance  of  its  obli- 
gation. Is  it  possible  for  any  to  gainsay  it  ?  If  it  is  so  written 
in  the  Constitution,  and  if  that  which  is  written  there  be  the 
law,  that  a  citizen  is  not  liable  to  arrest  without 1  warrant  of  law/ 
then  he  cannot  be  arrested  without  legal  process,  unless  the 
Constitution  has  been  repealed  by  the  power  which  brought 
it  into  being,  or  unless  it  have  been  deposed  by  an  usurper. 

"That  it  has  not  been  repealed  by  the  authority  which 


442 


AMERICAN  BASTILE. 


created  it,  need  not  be  said  to  you,  because  that  could  not  be 
done  without  your  individual  agency  in  part.  If  you  saj 
it  has  been  deposed,  be  that  your  part  —  not  mine.  Until  a 
new  regime  is  declared,  my  obligation  stands  in  the  terms  and 
meaning  of  my  oath,  'to  support  the  Constitution  of  the 
United  States,'  and  4  to  bear  true  allegiance  to  the  State  of 
Maryland.'  Your  obligation  is  the  same,  and  being  the 
same,  it  is  not  necessary  to  say  it  is  binding  on  your  con- 
sciences, and  ought  to  be  supreme  over  your  wills.  It  would 
be  a  disrespect,  of  which  I  shall  not  be  guilty,  to  persuade 
your  performance  of  a  duty  to  which  you  have  been  sworn. 

"What  are  the  pretexts  set  up  to  justify  the  exercise  of  the 
power  of  arbitrary  arrests?  Martial  law,  it  is  said,  suspends 
the  civil  law,  and  where  it  obtains,  the  process  of  the  civil  law  is  dis- 
pensed with.  Let  it  be  granted  that  such  is  the  prerogative 
of  the  law  martial,  and  how  does  the  concession  aftect  the 
question  before  you?  Of  what  application  is  martial  law  in 
this  jurisdiction?  Martial  law  does  not  extend  beyond  the 
field  of  military  operations  and  its  immediate  surroundings. 

"  Beyond  these  limits  it  may  not  be,  and  never  was  claimed 
to  extend.  Is  it  now  claimed  for  the  President,  that  he  may 
proclaim  the  whole  country  his  camp,  and  throughout  all  its 
borders  his  will  taken  in  the  place  of  law?    None  have  yet 

gone  to  this  extent  It  is  allowed  to  the  scene  of  actual 

war,  but  is  claimed  only  for  the  necessities  of  the  field. 

"  An  army  in  the  field  must  be  surrounded  by  defined  limits 
or  lines,  as  they  are  called,  to  be  secure  against  defection  from 
within,  or  from  surprise  or  espionage  from  without.  These 
lines  are  commonly  declared,  so  that  deserters  may  be  pre- 
vented from  going  out,  and  spies  from  coming  in.  This, 
gentlemen,  you  understand.  In  such  limits,  the  laws  of  war, 
or  martial  law,  prevails,  as  it  is  proper  it  should.  But  here 
there  is  no  enemy — no  army  —  no  field  of  war.  1  Inter  anna 
silent  leges;1  but  where  arms  are  not,  there  the  law  obtains. 
If  there  be  any  treason  here,  the  courts  of  law  are  open,  and 
unobstructed,  to  punish  any  who  may  have  incurred  such 
guilt,  and  their  jurisdiction  extends  to  that  offence.    If  there 


RICHARD    BEKNBT1    CAE1IICHAEL  443 


be  no  field  of  war  here,  there  can  be  no  martial  law.  There 
jj  law,  I  trust,  here — the  civil  law,  whose  ministers  you  are. 
The  maintenance  of  martial  law,  where  it  belongs,  cannot 
dispense  with  the  obligations  of  the  civil,  where  it  belongs. 
A  trespass  by  a  military  officer  here,  is  the  same  offence  as  a 
trespass  by  a  private  citizen. 

"Another  of  the  pretexts  is  4 necessity.'  It  is  a  necessity 
'that  the  President  should  arrest  whom  he  will,  even  if  no  actual 
violation  of  law  have  been  committed:  a  necessity  incident  to  war.' 
And  how,  or  why  incident  to  war,  more  than  to  peace? 
"When  before  was  it  suggested  in  this  country,  or  in  any  land 
where  law  has  held  sway?  It  never  has  given  sanction  to 
any  act  in  a  land  of  law.  It  is  the  plea  of  force  against  law. 
It  is  the  argument  of  an  unlicensed  will,  which  heeds  no 
counsel  but  its  own  behests,  and  hurries  to  its  ends,  but  recks 
not  of  the  means.  The  powers  of  this  Government  are  ex- 
press and  defined,  and  cannot  be  exerted  otherwise  than  as 
prescribed. 

';  To  preserve  the  citizen  secure  against  the  exercise  of  con- 
structive powers,  the  Government  was  instituted  in  a  written 
charter.  This  forbids  his  arrest,  except  upon  warrant  bear- 
ing the  signet  of  the  sovereign  will.  This  signet  is  not  con- 
fided  to  the  Executive  power.  It  belongs  elsewhere.  And 
except  the  seal  of  the  proper  officer,  there  is  no  sign  which 
can  challenge  the  citizen  to  submit  to  personal  constraint. 
The  law  is  absolute  in  its  authority.  Its  officers  are  not,  and 
no  necessity  can  make  them.  They  are  designed  to  be  the 
servants  of  the  people,  not  their  masters  ;  the  ministers  of 
the  law,  not  of  their  own  wills.  "What  they  do  as  ministers 
of  the  law,  is  the  act  of  the  law,  and  binding  upon  all. 
AVhat  they  do  otherwise,  is  the  act  of  the  private  person, 
and  of  no  authority.  All  the  sanction  they  can  derive  from 
necessity  to  act  in  violation  of  law,  is  the  same  which  belongs 
to  any  private  person,  and  that  is  just  none  at  all.  But  I 
ueed  not  proceed  further  on  this  head.  The  exigency  of  the 
law  is  the  only  necessity  known  to  our  Government. 

u  But,  most  extraordinary  cf  all,  it  is  said  the  form  of  the 


414 


AMERICAN  BASTILE. 


President's  oath  affords  sanction  for  the  power  of  arbitrary  arresL 
This  requires  of  him  c  to  preserve,  protect,  and  defend  the 
Constitution. '  Hence,  it  is  argued,  he  may  do  whatever  he 
thinks  proper  to  preserve,  protect,  and  defend  the  Constitu 
tiou ;  that  the  means  to  be  employed,  and  the  manner  of 
their  use,  are  in  his  discretion.  Stated  in  plain  terms,  the 
proposition  means  that  the  President  may  construe  the  Con- 
stitution in  contradiction  of  its  terms  and  meaning,  and  act 
upon  that  construction,  because  he  is  sworn  to  preserve,  pro- 
tect, and  defend  it.  It  would  be  waste  of  time  and  insult  to 
your  understandings  to  discuss  the  proposition.  There  is 
nothing  so  false  that  may  not  be  asserted  for  truth,  and  there 
is  hardly  a  truth  which  has  not  been  questioned.  But  let 
us  for  a  moment  delay  to  apply  this  proposition  to  the  sub- 
ject before  you — arbitrary  arrests.  The  Constitution  forbids 
arrests  'without  process  of  law.'  To  preserve,  protect,  and 
defend  the  Constitution,  the  proposition  asserts  that  the  Pres- 
ident may  arrest  without  process.  AVhat  the  Constitution  says 
he  shall  not,  the  proposition  claims  he  may  do.  He  swears  to 
preserve,  protect,  and  defend  the  Constitution,  which  forbids 
him  to  arrest  a  citizen  without  1  warrant  of  law.'  ^Vith  one 
hand  upon  the  Bible,  and  with  the  other  upon  the  Constitution, 
before  his  God  and  the  country,  he  swears.  Yet,  we  are  told, 
no  truth  is  meant  by  these  facts,  and  only  seeming  in  the 
ceremony.  Can  any  man  of  truth  or  conscience  hear  of  it 
without  a  shudder  ?  It  is  usurpation  in  the  name  of  the  Con- 
stitution—  it  is  falsehood  — sacrilege  in  the  name  of  the  Most 
High.  In  the  conceits  of  fatuous  senility  —  in  the  inventions 
of  corrupt  cupidity  —  in  the  pleadiugs  of  fawning  sycophancy 
t  may  find  place.    Xo where  else. 

uBut  it  has  been  said,  we  ought  to  presume  the  President  to 
be  wise  and  good,  and  so,  being  in  his  hands,  this  power  is  safe. 
Is  this  a  safe  presumption,  in  a  land  of  law  and  liberty  ?  If, 
however,  that  be  conceded,  would  such  a  power  be  safe  in  tho 
hands  of  every  subaltern  in  his  appointment?  Can  the  Pres- 
ident impart,  by  the  breath  of  his  nostrils,  wisdom  and  good- 
ness into  the  heart  of  every  man  employed  to  do  his  will  ? 


RICHARD    BENNETT    CARMICHAEL.  445 


Can  he  delegate  these  godlike  qualities  to  every  provost 
marshal  and  deputy  provost  in  the  land  ?  And  if  to  all  these 
questions  we  should  yield  assent,  still  it  is  forbidden  to  arrest  a 
citizen  without  4  warrant  of  law.'  And  my  reading  instructs 
me  that  it  belongs  nowhere  in  all  the  powers  and  persons  of  this 
Government  to  do  what  is  forbidden;  and  that  whatever  is 
done  which  is  forbidden,  i»  wrong,  and  demands  your  cogni- 
zance.  And  now  I  dismiss  you  to  your  chamber." 

The  utterance  of  such  instructions  to  the  grand  juries 
caused  high  resentment  amongst  "loyal"  men.  Judge  Car- 
michael  was  denounced  in  several  of  the  Republican  news- 
papers, and  efforts  were  renewed  to  bring  down  upon  him  the 
arm  of  Federal  visitation ;  but  the  effect  of  the  former  out- 
rage was  satisfactory.  It  had  disarmed  the  State  jurisdiction 
of  all  power  to  hold  a  Federal  officer  or  agent  amenable  to 
the  offended  law.  The  grand  juries  bowed  to  the  necessity, 
and  forbore  presentments  in  the  cases  to  which  their  cogni- 
zance was  invoked.  In  this  condition  of  things,  when  he 
found  his  position  to  be  one  in  which  he  could  render  no  ser- 
vice in  the  administration  of  the  law,  except  by  the  suffer- 
ance of  a  power  which  transgressed  at  pleasure,  and  sustained 
its  wrongs  by  the  authority  of  brute  force,  Judge  Carmi- 
chael  resigned  his  place  on  the  bench,  and  retired  to  the 
ouiet  pursuits  of  his  farm.  Into  this  retreat,  multiplied 
testimonials  of  public  favor  have  followed  him.  If  he  suffered 
wrongs  in  the  service  of  the  State,  which  the  State  waa 
powerless  to  punish,  no  man  was  ever  more  proudly  vindi- 
cated by  his  fellow-citizens  in  the  proofs  they  have  tendered 
him  of  trust  and  confidence. 

Letter  to  the  President  op  the  United  States. 

"  Fort  Lafayette,  21st  July,  1862. 
'To  His  Exceilency  the  President: 

"  Sir :  Will  you  allow  the  complaint  of  a  citizen  who  is  with- 
out redress,  except  in  the  exercise  of  Executive  authority  ?  For 
two  months  past,  I  have  been  imprisoned  ;  yet,  to  this  hour,  from 
no  person  under  the  Executive  authority  has  an  imputation  of 
offence  been  made  to  me. 


446 


AMERICAN  BASTILE. 


"  This  imprisonment  has  been  in  military  Forts  of  the  United 
States,  which  imposes  the  conclusion  it  is  under  Federal  authority 
t  was  seized  and  held. 

"It  has  come  to  my  knowledge  that  representations,  by  persona 
friendly  to  your  Administration,  who  have  been  conversant  with 
all  my  life  —  now  far  advanced  —  have  been  volunteered  in  my 
behalf ;  the  purpose  of  which  was  to  obtain  my  release.  With- 
out knowing  what  these  representations  are,  I  am  content  to 
refer  to  them  for  vindication. 

"  Since  my  transfer  to  this  place,  my  attention  has  been  called 
to  a  slip  from  one  of  the  Baltimore  journals  — 1  The  Sun'  —  to 
the  effect  that  my  arrest  and  imprisonment  were  for  'treason, 
committed  in  the  discharge  of  official  duty.' 

"  To  this,  I  cannot  make  issue,  as  no  authority  was  given  foi 
the  suggestion.  But,  by  way  of  answer  to  all  such  imputations 
I  forward,  herewith,  to  your  Excellency,  a  copy  of  a  charge 
delivered  to  the  Grand  Jury  of  Talbot  County.  In  this  is  con- 
tained all  my  official  action  in  relation  to  the  Federal  Govern- 
ment. 

"Your  Excellency  will  perceive  that  the  whole  extent  of  my 
offending  is  the  claim  for  the  maintenance  of  the  Constitution  of 
the  United  States  as  the  supreme  law  

"  If  in  this  there  be  any  treason,  then,  indeed,  I  cannot  claim 
to  be  released ;  but  if  the  law  be  as  declared  in  that  paper,  then 
is  it  too  much  to  ask,  in  the  name  of  the  law,  that  I  be  dis- 
charged from  these  bonds  ? 

"  With  all  respect,  I  am  your  Excellency's  most  obedient  ser- 
vant, 

(Signed)  Richd.  Bt.  Carmichael." 

Second  Letter  to  the  President. 

"  To  His  Excellency  the  President,  Washington,  D.  C: 

"More  than  six  months  ago,  I  was  seized  and  imprisoned  by 
persons  who  were  or  pretended  to  be  agents  of  the  Federal  Gov- 
ernment. Until  the  3d  instant,  I  was  detained  in  Forts  under 
command  of  Federal  military  officers.  On  the  evening  of  that 
day,  Lieutenant-Colonel  D.  D.  Perkins,  commanding  at  Fort  Dela- 
ware, where  I  was  then  confined,  handed  me  a  telogram,  of  which 
tho  following  is  a  copy ; 


EICHARD    BENNETT    CARMICHAEL.  447 


Dated  War  Department,  December  2,  1862. 
"'To  the  Commandant,  Fort  Delaware  : 

" 1  The  Secretary  of  War  directs  that  you  discharge  Judge  Car. 
michael  from  custody.    Report  receipt  of  this. 

(Signed)  E.  D.  Townsend, 

Ass't  Adj.  Gen.' 

44  On  the  morning  of  the  4th  instant,  on  a  pass  to  proceed 
thence  with  my  baggage,  I  took  my  way  home,  having  no  reason 
for  my  release  signified  by  the  commandant  at  Fort  Delaware, 
further  than  the  exigency  of  the  foregoing  order  contained  in 
the  copy  of  the  Secretary's  telegram. 

"  My  seizure  on  the  27th  of  May  last,  and  my  continued  im- 
prisonment, were  made  without  cause,  imputed  by  the  agents 
partaking  therein  

"My  discharge,  in  the  manner  above  stated,  in  connection  with 
these  facts,  indicates  that  the  authorities  with  tardy  progress 
have  reached  this  point  in  my  case,  viz.,  that  the  accusation 
against  me,  and  the  accuser  (if  there  be  any,)  have  been  discov 
ered  false. 

"  In  similar  cases,  no  report  of  proceedings  has  appeared,  by 
which  the  Government  has  undertaken  to  vindicate  its  own 
honor  or  the  rights  of  the  citizen.  In  mine,  therefore,  I  can  ex- 
pect none.  Every  case  has  its  own  griefs.  Your  time  shall  not 
be  occupied  by  a  recital  of  mine.  Such  as  belonged  to  my  civil, 
political,  and  official  relations  were  addressed  to  you  long  time 
ago  by  a  venerated  Senator  from  my  State,  the  Hon.  James  A. 
Pearce,  with  no  apparent  effect  but  to  enhance  the  vigor  of  exist- 
ing outrage. 

"  Those  which  concern  the  more  delicate  —  which  have  visited 
so  many  fair  homes  in  Maryland  with  dismay  and  sorrowing  — 
shall  not  be  traced  into  mine,  to  move  compliance  with  my 
reasonable  request.  As  an  American  citizen  —  in  the  name 
of  the  Constitution  —  I  ask  to  be  informed  on  the  following 
points : 

"  1st.  Is  there  any  1  information '  lodged  against  me  before  the 
Federal  authorities,  and  if  yea,  what? 

"  2d.  The  name  or  names  of  the  persons  giving  the  same,  and 
the  specifications  : 


448 


AMERICAN    B  A  STILE. 


"3d.  By  whose  order,  in  fact,  (not  by  intendment,)  were  the 
seizure  and  detention  of  my  person? 

"My  object  in  addressing  your  Excellency,  is  to  obtain  the 
information  by  which  I  may  apply  such  measure  of  redress  in 
my  own  case  as  may  be  meet  in  respect  of  the  wrongs  done  me 
and  the  actual  guilt  of  the  wrong-doers. 

"  I  am  your  Excellency's  most  obedient  servant, 

(Signed)  Richard  Bt.  Carmichasi. 

«  Belle-Vue,  10th  December,  1862." 


JAMES  M.  WILLIAMS. 


JAMES  M.  WILLIAMS  resides  at  Spring  Garden,  Jeffei- 
son  County,  Illinois. 
On  the  1st  of  September,  1862,  he  was  arrested  in  his  house, 
by  a  squad  of  thirteen  armed  men,  commanded  by  a  Captain 
Davis,  who  gave  as  authority  for  the  arrest,  "  orders  "  from 
Deputy  Marshal  Major  Board,  but  did  not  show  them. 
While  remonstrating  against  the  illegality  of  his  arrest,  he 
permitted  himself  to  be  quietly  taken,  counselling  his  friends, 
who  were  congregating,  (many  of  them  quite  clamorous  in 
their  declarations  to  rescue  him  from  the  hands  of  the  officer,) 
to  keep  quiet,  and  not  disturb  the  public  peace ;  deeming  it 
better  that  one  should  suffer  "  even  unto  death,"  than  that 
the  community  should  be  thrown  into  a  tumult,  and  the  blood 
of  many  should  be  shed. 

An  hour  was  granted  him,  by  the  Captain,  in  which  to 
adjust  his  affairs,  and  comfort  his  family.  He  was  then 
taken  to  Tamaroa,  twenty  miles  distant,  by  rail,  handcuffed 
for  forty-eight  hours,  and  placed,  with  other  prisoners  from 
Southern  Illinois,  on  a  special  car  in  waiting,  and  guarded 
by  a  detachment  of  soldiers  with  fixed  bayonets.  Orders 
were  given  to  shoot  him,  if  he  attempted  to  elude  the  vigi- 
lance of  his  custodians. 

Thus  guarded,  he  was  transported  to  Washington,  D.  C.t 
and  incarcerated,  with  fifteen  others,  in  room  No.  16,  in  the 
Old  Capitol  Prison. 
Here  his  fare 

....  "was  such  as  captive's  tears 
Have  moistened  many  a  thousand  years, 
Since  man  first  pent  his  fellow-men 
Like  brutes  within  an  iron  den." 
29  449 


450 


AMERICAN  BASTILE. 


After  an  imprisonment  of  two  months,  Mr.  "Williams  was 
released  by  taking  the  oath  of  allegiance,  and  placing  him- 
self under  bonds.  As  was  usual  in  other  cases,  no  charges 
or  specifications  were  ever  made  against  him,  nor  any  trial 
accorded  him.  He  was  discharged,  and  left  to  "  guess 99  the 
reason,  if  any,  for  his  arrest  and  confinement. 


HON.  DAVID  SHEEAN. 


rPHE  arrest  of  Hon.  David  Sheean,  at  Galena,  Illinois,  on 
-L  the  28th  of  August,  1862,  was  one  among  the  many 
wanton  and  inexcusable  acts  of  despotic  power  committed 
during  the  Administration  of  the  late  Abraham  Lincoln. 
Mr.  Sheean  entered  into  partnership  with  John  A.  Rawlins, 
Chief  of  Staff  to  General  Grant,  and  at  present  Secretary  of 
War,  in  the  practice  of  law,  in  1858,  and  continued  the  partner- 
ship until  the  time  of  his  arrest.  He  had  been  twice  elected  City 
Attorney  of  Galena,  and  once  its  Mayor  —  running  far  ahead 
of  his  ticket.    As  a  lawyer,  he  stood  high  in  his  profession. 

For  honesty  and  honor  his  character  was  proverbial. 
The  pride  of  his  political  and  personal  friends,  he  was 
esteemed  and  respected  by  all  who  knew  him.  Although 
an  uncompromising  Democrat,  his  bearing  toward  his  oppo- 
nents was  candid  and  courteous,  commanding  their  respect 
even  during  that  period  of  frenzied  passion  which  marked 
the  inauguration  of  the  late  war. 

A  resident  of  Illinois  from  his  childhood,  he  was  opposed 
to  the  war,  not  from  any  sympathy  with  the  South,  but 
from  principle.  His  opposition  went  no  farther  than  the 
expression  of  his  opinions  to  those  who  desired  to  hear  them, 
and  this  right  he  maintained  from  the  beginning,  upon  all 
occasions,  and  under  every  circumstance. 

On  the  evening  of  the  28th  of  August,  the  United  States 
Marshal,  assisted  by  the  Sheriff  of  Galena,  arrested  Mr. 
Sheean  in  his  office,  without  any  warrant,  or  other  authority, 
save  the  following  telegram  from  Washington  City : 

"  Washington,  August  27,  1862. 
"To  J.  R.  Jones,  United  States  Marshal,  Chicago,  Illinois. 
"You  will  arrest  David  Sheean,  lawyer,  at  Galena,  for  disloyal 

451 


452 


AMERICAN  BASTILE. 


practices,  and   convey  him  to  Fort  Lafayette  until  furthei 

ordered. 

"  By  order  of  the  Secretary  of  "War. 

(Signed)  L.  C.  Turner,  Judge  Advocate." 

What  the  "disloyal  practices"  were,  Mr.  Sheean  was  never 
informed,  but  they  may  be  readily  inferred  from  the  follow 
ing  circumstances. 

Every  community,  at  that  time,  had  its  "  loyal "  bully,  to 
regulate  the  opinions  of  Democrats,  and  incite  mobs  to  acts 
of  violence.  Cowards  and  sneaks  in  ordinary  times,  they 
became  heroes  when  numbers  backed  them  in  assaults  upon 
single  individuals.  Galena  had  such  in  the  persons  of  two 
brothers,  named  Harris.  They  assaulted  a  poor  Irishman  on 
the  streets  of  Galena,  because  he  refused  to  enlist  unless  he 
was  paid  his  bounty  in  advance.  Remarking  that  A.  B.,  who 
had  enlisted,  had  not  yet  got  his  bounty,  and  asserting  his 
right  to  state  this,  they  beat  him  most  shamefully;  then, 
with  a  howling  mob  at  their  backs,  dragged  him  senseless  to 
the  County  Jail,  telling  the  Sheriff  he  had  been  discouraging 
enlistments,  and  must  be  imprisoned.  That  official  being  a 
"  loyal "  man,  without  any  further  authority,  closed  the  door 
of  a  felon '8  cell  on  him.  As  soon  as  he  recovered  sufficiently, 
he  sent  to  Mr.  Sheean  for  relief.  A  writ  of  habeas  corpus  was 
immediately  applied  for,  but  the  "loyal"  Judge  Sheldon,  of 
that  Circuit,  had  seen  a  telegraphic  despatch  to  the  "New 
York  Tribune,"  that  persons  discouraging  enlistments  were 
to  be  arrested,  and  refused  the  writ  on  the  ground  that  ho 
had  heard  the  prisoner  was  guilty  of  that  offence. 

In  vain  did  Mr.  Sheean  point  out  the  fact  that  the  prisoner's 
petition  stated  he  was  guilty  of  no  offence,  and  was  impris- 
oned without  affidavit  or  complaint  filed  against  him.  In 
vain  did  he  urge  the  utter  insecurity  of  liberty,  even  of  the 
Judge  himself,  under  such  ruling ;  for  this  same  Judge  had 
declared  in  a  public  speech,  that  he  who  talked  about  the 
Constitution  in  those  days  should  be  marked  as  a  traitor. 
Finding  the  writ  of  habeas  corpus  practically  abolished  by  a 
partisan  Judge,  a  trespass  suit,  for  false  imprisonment,  for 


DAVID  SHEEAK. 


453 


ten  thousand  dollars  damages,  was  then  commenced  against 
the  Harris  brothers  and  the  Sheriff,  who,  being  naturally 
cowards,  now  became  alarmed  at  the  turn  matters  were 
taking.  They  fancied  they  had  every  Democrat  chosen  for 
Imprisonment,  and  had  already  got  a  second  victim  in  the 
jail,  and  if  not  cheated,  would  soon  fill  it.  But  a  claim  of 
damages  for  false  imprisonment  before  a  jury  brought  them 
to  their  senses. 

They  ceased  to  send  any  more  to  jail,  and  sought  the 
advice  of  E.  B.  Washburne,  member  of  Congress  from  the 
district,  as  to  how  they  should  rid  themselves  of  the  suit. 
Now  was  Washburne's  opportunity.  Sheean  was  bold  and 
fearless,  placing  himself  in  the  pathway  of  loyal  terrorism, 
and  inspiring  others  with  courage.  If  he  were  stricken 
down,  the  road  would  be  clear  to  trample  upon  others.  Wash- 
burne  had  the  ear  of  the  "  Government."  He  could  direct 
its  right  arm,  the  Secretary  of  "\Yar.  Armed  with  such  in- 
fluence and  a  certified  transcript  of  the  trespass  suit,  he  de- 
parted for  Washington  on  his  devilish  errand.  The  forego- 
ing telegram  was  sent  back  the  day  after  his  arrival.  The 
suit  was  dismissed  for  want  of  prosecution,  while  Mr.  Sheean 
was  in  Fort  Lafayette,  the  plaintiff  being  then  in  jail.  But 
on  his  return  home  he  commenced  the  suit  again,  and  had 
the  satisfaction  of  hearing  the  verdict  guilty  pronounced 
against  the  Harris  brothers,  by  a  jury  selected  by  a  deputy 
of  that  Sheriff',  and  a  judgment  of  damages  upon  the  verdict 
entered  by  that  Judge. 

The  arrest  of  Sheean  was  made  so  secretly,  that  but 
two  of  his  friends  knew  of  the  occurrence,  until  he  was 
far  out  of  the  way.  The  Marshal  and  his  assistant,  know- 
ing his  popularity,  feared  that  a  disturbance  might  be  made, 
and  desired  to  conduct  him  from  his  office  to  the  train 
through  an  unfrequented  street ;  but  receiving  his  pledge 
that  no  trouble  should  occur,  he  was  permitted  to  go  the 
usual  route.  Arriving  at  the  railroad  depot,  he  found 
the  instigators  of  his  arrest  had  assembled  to  witness  the 
effect  of  it  uj  on  him.    A  smile  of  satisfaction  played  upon 


454 


AMERICAN  BASTILE. 


their  countenances.  They  stared  at  their  victim  with  a  feel, 
ing  of  triumph. 

He  returned  it  with  a  look  of  proud  defiance,  feeling  a 
loathing  contempt  for  them.  But  few,  however,  of  the  Re- 
publicans of  Galena  justified  the  proceedings.  The  larger 
portion  of  them  felt  it  was  wrong.  The  whole  community, 
with  but  a  few  dishonorable  exceptions,  declared  that  he  was 
the  innocent  victim  of  Harris  and  Washburne.  Even  the  offi- 
cer who  arrested  him  declared  afterward  that  no  act  of  his  life 
gave  him  so  much  pain  as  the  arrest  of  Mr.  Sheean.  Being 
unprepared  for  the  journey,  he  desired  time  to  obtain  funds, 
and  write  a  letter  to  a  friend,  directing  him  to  take  charge 
of  his  affairs.  But  in  such  haste  had  the  arrest  to  be  made, 
that  it  was  denied  him.  On  arriving,  under  guard,  in  New 
York,  the  "Inner  Temple,"  with  its  prison  cells  and  iron- 
grated  windows,  at  the  police  headquarters,  became  his  tene- 
ment until  the  prisoners'  hack  was  obtained  to  convey  him  to 
Fort  Hamilton.  Arriving  there,  Lieutenant  Colonel  Burke's 
receipt  discharged  him  from  the  custody  of  the  Marshal,  and 
placed  him  under  military  authority.  Then,  conducted  be- 
tween two  files  of  armed  soldiers,  he  was  conveyed  across  the 
channel  to  that  silent  tomb  of  living  heroes — Fort  Lafayette. 

Thus  guarded  he  was  taken  into  the  presence  of  the  com- 
mandant, who  divested  him  of  his  watch,  money,  and  other 
valuables,  and  then  subjected  his  person  and  baggage  to  a 
strict  search.  He  was  then  sent  to  the  battery,  and  furnished, 
like  the  other  prisoners,  with  an  iron  cot,  a  straw  mattress, 
and  a  blanket,  there  to  await  "further  orders." 

To  the  spirit  of  Mr.  Sheean,  and  others  there  like  him,  it  was 
a  long  and  weary  waiting.  Marched  to  and  from  their  meals 
like  felons,  and  guarded  by  armed  sentinels  while  eating  — 
watched  by  day  and  night  by  the  tools  of  despotism  —  re- 
e  ricted  to  a  limited  intercourse  with  each  other  —  insult- 
ed daily  by  an  overbearing  soldiery,  and  forced  to  submit 
to  rules  designed  to  degrade  and  humiliate,  the  plan  waa 
w  ell  calculated  to  break  down  the  boldest  spirit,  and  bring 
it  lacerated  and  bleeding  to  the  foot  of  power.  Galling 


DAVID  SHEEAN. 


455 


ae  it  was,  Mr.  Sheean  bore  up  under  it  without  complaint, 
and,  conscious  of  his  integrity,  defied  its  influence.  On  the 
9th  day  of  September,  1862,  that  lackey  of  tyranny,  L.  C. 
Turner,  who  had  been  invested  by  his  master  with  the  title 
of  Judge  Advocate,  accompanied  by  his  clerk,  visited  the 
Fort  on  one  of  his  inquisitorial  expeditions,  seeking  what  in- 
formation he  could  get  from  the  prisoners,  and  reporting  it 
to  "Washington. 

Mr.  Sheean  was  ordered  before  him,  and,  after  the  custom- 
ary salutations,  the  following  colloquy  took  place : 

Turner.    "  Well,  have  you  anything  to  say?" 

Sheean.  "I  wrote  you  a  letter  from  Chicago,  inquiring 
of  what  I  was  accused,  and  who  was  my  accuser.  I  have 
received  no  answer ;  I  would  be  pleased  to  get  that  informa- 
tion." 

Turner.  "  I  received  your  letter,  (looking  cunningly ;)  don't 
you  know  of  what  you  are  accused  ? " 
Sheean.    "  I  do  not." 

Turner.    "  Well,  now,  couldn't  you  guess  H " 

Sheean.  "  I  have  n't  the  remotest  idea,  sir.  I  supposed 
when  a  man  was  arrested  he  would  be  informed  of  the  cause, 
and  at  whose  instance;  not  be  required  to  guess." 

Turner.  "  You  commenced  a  trespass  suit  against  Harris, 
T  believe?" 

Sheean.    "I  did." 

Turner.  "  Was  your  client  wealthy  ?  Did  you  make  an} 
agreement  about  fees  ?  " 

Sheean.  "  Iso  ;  my  client  was  a  poor  man  ;  I  thought  a 
great  wrong  had  been  done  him.  I  did  not  ask  him  for  fees, 
or  expect  any ;  I  acted  from  principle,  and  would  do  the  same 
again." 

Turner.  "Are  you  willing  to  take  the  oath  ?  You  are  a 
lawyer,  I  believe,  and  have  taken  the  oath  to  support  the 
Constitution  ;  but  it  is  a  little  different  now?" 

Sheean.  "  I  have  not  seen  the  oath  you  speak  of,  and  do 
not  know  what  it  is.  The  oath  I  have  taken,  I  am  willing 
to  take  again  upon  a  proper  occasion ;  but  I  would  not  take 


456 


AMERICAN  BASTILE. 


that  now  as  a  condition  of  release  from  this  place,  or  volun- 
tarily submit  to  any  other  condition  that  would  imply  wrong 
on  my  part." 

Turner.  "  That  is  all  we  want  of  you,  sir ;  you  can  return 
to  your  quarters." 

Sheean.  "  Then  you  will  give  me  no  further  informa- 
tion?" 

Turner.    "  That  is  all  — that  is  all,  sir." 

Mr.  Sheean  was  then  remanded  in  charge  of  an  orderly  to 
nis  quarters.  Finding  he  could  get  no  information  from 
Turner,  he  wrote  to  the  Secretary  of  "War,  urging  his  right 
to  he  informed  of  the  accusation,  and  the  accusers  against 
him,  if  any  there  were ;  but  no  response  came  to  him,  or  to 
others  who  had  written,  except  to  a  negro  named  Steve,  who 
had  been  taken  upon  a  blockade-runner  and  put  at  cooking 
in  the  Fort.  Steve  was  an  ardent  rebel ;  declared  he  would 
take  "  no  oaf  to  de  Yankees,"  and  gloried  in  the  fighting 
qualities,  of  "  Massa  Stonewall."  Becoming  tired  of  his  lim- 
ited sphere  in  the  cook-room,  he  took  the  advice  of  one  of 
the  prisoners,  and  wrote  a  letter  to  the  Secretary  of  ^Var, 
informing  him  that  he  was  a  "  colored  man,"  and  desired  to 
be  released.  The  return  mail  brought  an  order  for  his  dis- 
charge, and  he  was  set  at  liberty.  The  negro  could  readily 
receive  attention,  but  the  unfortunate  white  man  was  doomed 
to  wait. 

It  is  difficult  to  realize  the  situation  of  the  prisoners  at 
that  time.  It  was  before  the  fall  elections  of  1862,  which,  to 
a  great  extent,  burst  open  the  doors  of  American  Bastiles. 
The  Administration  had  laid  a  reckless  hand  upon  thousands. 
The  tinkling  of  the  "  little  bell "  was  heard  on  every  hand. 
The  people  were  becoming  accustomed  to  it,  and  by  their 
silence  apparently  approved  it.  Those  within  Fort  Lafayette 
well  knew  that  despotism  would  not  stop  at  depriving  men 
of  their  liberty.  Some  advance  steps  would  be  taken. 
Blood  would  soon  be  required  to  keep  alive  the  terrorism 
created,  and  executions  would  speedily  if ollow.  The  prison- 
era  realized  this  to  the  fullest  extent,  and  frequently  talked 


DAVIP  SHEEAN. 


457 


about  it,  each  marking  out  for  himself  a  lino  of  conduct  in 
that  event.  Relief  from  outside  they  could  not  procure ;  they 
were  tightly  held  in  the  iron  grasp  of  power,  and  not  a  mur- 
mur of  complaint  could  reach  their  friends.  The  walls  of  the 
Bastile  were  dumb ;  its  inmates  were  gagged,  and  as  com- 
pletely separated  from  the  people  as  the  living  from  the  dead. 
Their  letters  to  their  friends  containing  hostile  sentiments 
toward  the  "  Government,"  or  any  prominent  member  of  it, 
were  sent  to  "Washington,  and  filed  away  as  evidence  of  trea- 
son. Those  relating  to  their  treatment  were  refused  admis- 
sion to  the  mail  and  returned  to  the  writer. 

The  extent  to  which  the  latter  was  carried  may  readily  be 
seen  from  the  following  extract,  marked  objectionable,  and 
returned  to  the  writer : 

"It  is  not  very  generally  healthy  among  the  prisoners. 
Should  we  have  serious  sickness  added  to  our  other  afflictions, 
we  shall,  without  hesitation,  avail  ourselves  of  your  kind- 
ness." 

This  letter  was  addressed  to  Mrs.  Gelston,  who,  together 
with  Mr.  Hopkins,  living  near  the  Fort,  had,  more  than  once, 
gladdened  the  prisoners'  hearts  by  sending  delicacies  which 
could  not  be  procured  within  the  Fort.  It  was  in  reply  to 
her  note,  saying  that,  if  any  of  the  prisoners  were  sick,  she 
would  be  happy  to  send  them  anything  that  would  relieve 
them ;  that  she  "  could  not  release,  but  could  relieve." 

But  the  result  of  the  fall  elections  brought  a  feeling  of 
relief.  In  it,  the  prisoners  heard  the  tramp  of  millions  com- 
ing to  their  rescue.  Who  can  say  that  their  fears  would  not 
have  been  realized  had  those  elections  resulted  differently? 
The  "  Government  "  now  dared  not  try  its  victims,  for  that 
would  reveal  its  villany ;  but,  as  a  condition  of  release,  ex- 
acted an  oath  from  them  that  would  secure  it  against  legal 
proceedings.  Many  a  brave  heart,  sick  with  "  hope  deferred," 
yielded  to  the  terms  imposed.  But  Mr.  Sheean  was  yet  un- 
conquered.  His  brother,  a  lawyer  at  Anamosa,  Iowa,  wrote 
him,  urging  him  never  to  yield ;  that  he  would  rather  follow 
him  to  his  grave  than  have  him  submit. 


458 


AMERICAN  BASTILE. 


The  following  reply,  which  found  its  way  out  of  the  Fort 
iu  the  pocket  of  a  released  prisoner,  shows  there  was  no  need 
of  the  aivice : 

"  Fort  Lafayette,  November  10,  1862. 
"Dear  Brother:  Your  highly  appreciated  letter  of  the  4tn 
inst.  is  received.  It  was  thrice  welcome,  because  of  the  noble 
and  resolute  spirit  breathed  in  every  line.  Had  there  been  one 
drop  of  cringing  blood  in  my  veins,  your  letter  would  have 
driven  it  out;  but  I  had  long  previously  determined  upon  the 
course  approved  in  it.  Let  come  what  will  —  even  eternal  im- 
prisonment—  no  man  shall  have  it  to  say  that  I  voluntarily  dis- 
graced myself  or  my  friends  to  purchase  my  liberty.  No  con- 
ditions have  ever  been  offered  me  to  obtain  a  release.  It  was 
known  in  Washington,  as  early  as  the  middle  of  September  last, 
that  none  would  be  accepted.  My  rights  are  all  I  ask,  and  know- 
ing what  they  are,  I  will  "never  yield  them.  "While  I  hold  my- 
self responsible  to  the  laws  of  my  country  and  to  public  opinion 
for  every  act  of  my  life,  I  ask  only  that  naked  justice  be  dealt 
out  to  me  by  those  who  are,  or  ought  to  be,  its  executors.  These 
being  my  views,  oy  stay  here  will  be  prolonged  indefinitely. 
So  be  it.  I  suppose  Fort  Lafayette  will  last  as  long  as  my  reso- 
lution ;  but  while  I  feel  as  I  have  since  its  doors  closed  upon  me, 
it  shall  witness  my  release  from  this  world,  rather  than  from  its 
own  walls,  upon  conditions  unauthoritatively  and  arbitrarily  im- 
posed. Your  brother, 

David  Sheean." 

As  Mr.  Sheean  predicted,  his  imprisonment  was  prolonged, 
and  would  have  "been  indefinitely,  but  for  the  causes  operating 
upon  Washburne  stated  in  the  narrative  of  the  arrest  of  Mr. 
Johnson. 

Determined,  however,  to  test  his  resolution, the  Secretary  of 
War,  through  L.  C.  Turner,  sent  an  order,  on  the  13th  day 
of  December,  1862,  to  release  him  upon  his  parole. 

The  Commandant  very  earnestly  urged  him  to  accept  it,  and 
thinking  he  might  yield,  would  not  take  his  answer  until  the 
end  of  an  hour ;  then  he  wished  to  know  what  reply  he 
Bhould  telegraph  back.   "  Telegraph,''  said  Mr.  Sheean,  u  that 


DAVID  SHEEAN. 


459 


I  will  accept  no  conditions  if  I  stay  here  a  lifetime,  and 
send  this  letter,  giving  my  reasons  for  it ;  "  handing  to  the 
Commandant  the  following  letter : 

"  Fort  Lafayette,  December  13,  1862. 
"Major  L.  C.  Turner,  Judge  Advocate,  Washington  City 

"  Sir:  Your  order  for  my  release  upon  condition  that  I  would 
give  my  parole  that  I  would  conduct  myself  as  a  loyal  citizen, 
and  would  not  aid  the  rebellion,  has  been  presented  to  me. 

"  You  well  know,  both  from  your  interview  with  me  here  on 
the  9th  of  September  last,  and  from  my  letters  which  have  been 
intercepted  and  sent  to  "Washington  since  that  time,  that  I  would 
accept  no  conditions  to  get  out  of  Fort  Lafayette  that  could  by 
implication  place  me  in  the  wrong.  You  learn,  too,  from  those  let- 
ters, that  I  value  my  honor  more  than  my  life.  "Why,  then,  add 
insult  to  already  accumulated  injuries,  by  requiring  me  to  make 
an  admission  of  consummated  and  intended  crime  as  the  price 
of  my  liberty.  It  is  intended  that,  after  an  attempt  to  destroy 
everything  I  hold  dear,  I  must  be  degraded,  in  order  that  unau- 
thorized and  unwarrantable  proceedings  against  me  may  be  pal- 
liated—  that  enemies  who  have  wickedly  aided  an  exercise  of 
arbitrary  power  to  wrong  me,  may  have  an  opportunity  to  jus- 
tify their  infamy  by  my  own  admissions?  My  liberty  has  been 
taken  from  me  —  my  life  can  with  equal  right  be  taken  ;  but  my 
honor  is  my  own,  ani  I  shall  keep  it  even  at  the  expense  of  both. 
[  have  heretofore  lived  true  to  the  best  interests  of  the  Union 
and  Constitution,  and  expect  to  die  as  I  have  lived.  If  the  Gov- 
ernment have  any  charges  against  me  alleging  the  contrary,  it 
is  due  to  itself  and  to  me  to  put  me  on  trial.  Let  me  suffer  the 
penalty,  or  permit  me  to  vindicate  myself  by  an  acquittal.  It  is 
due  to  itself  to  punish  the  guilty  and  acquit  the  innocent — to 
protect  and  advocate  the  citizen  —  not  to  violate  his  rights,  and 
then  degrade  him. 

"Were  I  in  the  wrong  —  had  I  violated  as  much  of  the  Com 
stitution  as  has  been  done  in  my  arrest  by  a  telegraph  ;  spiriting 
me  away  over  a  thousand  miles  from  my  own  State,  and  incar- 
cerating me  for  fifteen  weeks,  without  condemnation  or  trial,  or 
a  knowledge  why  I  was  thus  treated  —  I  would  not  hesitate  to 
purchase  my  liberty  at  so  cheap  a  sacrifice  as  the  loss  of  what- 
ever honor  was  left  in  me.    As  I  know  I  am  in  the  right,  and 


460 


AMERICAN  BASTILE. 


have  never  v  olated  any  law,  I  sball  never  cringingly  ask  any 
favors,  much  less  admit,  by  implication  or  otherwise,  any  guilt; 
but  insist  that  my  rights  as  an  American  citizen  shall  he  dealt 
out  to  me.  The  Government  should  not  demand  more  ;  my  senso 
of  honor  will  not  allow  me  to  accept  less.  If  my  rights  will  not 
be  granted,  then  I  am  at  the  further  disposal  of  the  powers  that 
be,  to  execute  upon  me  what  they  see  fit,  and  have  the  power 
to  do.  Yours  respectfully, 

(Signed)  David  Sheean." 

The  following  editorial  comments  are  a  just  tribute  to  the 
spirit  shown  iu  the  foregoing  letter : 

From  the  Galena  "Daily  Democrat"  of  December  24. 

'•NOBLE  SENTIMENTS. 

"In  our  last  issue  we  placed  before  the  readers  of  the  'Demo- 
crat '  a  letter,  written  by  David  Sheean,  Esq.,  just  after  his  re- 
lease from  Fort  Lafayette,  and  addressed  to  a  personal  friend  of 
his  in  this  city.  We  to  day  print  a  letter  written  by  him  on  the 
13th  instant,  and  addressed  to  the  Judge  Advocate,  in  reply  to 
an  official  intimation  that  he  would  be  discharged  on  his  parole, 
by  taking  an  oath  similar  to  the  one  which  has  been  adminis- 
tered to  others  in  like  circumstances. 

"As  will  be  seen,  he  indignantly  spurned  the  proposal,  fair 
enough  on  its  face,  but  evidently  intended  to  entrap  an  innocent 
man  into  that  which  might  be  construed  to  his  disadvantage. 
But  Mr.  Sheean,  conscious  of  his  innocence,  and  determined  to 
come  out  of  the  furnace  into  which  he  had  been  cast  without  the 
smell  of  fire  upon  his  garments,  rebuked  the  insolence  of  office, 
and  stood  firmly  and  defiantly  on  his  integrity,  and  boldly  vin- 
dicates his  patriotism  and  his  manhood.  From  our  heart  of 
hearts  we  thank  him  for  his  manly  display  of  moral  courage, 
and  we  put  it  on  record,  as  an  example  worthy  of  being  imitated 
by  the  young  men  of  our  State  and  nation.  In  a  few  hours  he 
will  be  with  us,  'honorably  discharged/  and  spontaneously  hon- 
ored by  his  friends  and  fellow-citizens.  Let  it  never  be  forgotten 
that  he  refused  to  bow  the  knee  to  Baal,  or  worship  at  tho 
bloody  shrine  of  Moloch.  If  guilty  of  any  crime,  let  him  be 
fairly  tried  and  justly  punished,  but  until  confronted  oy  his 


DAVID  SHEEAN, 


461 


accusers,  let  him  be  held  as  innocent  as  Caesar's  wife  —  'not  only 
free  from  guilt,  but  above  suspicion/  O  liberty!  what  Crimea 
are  perpetrated  in  thy  name  !  " 

On  the  following  day  after  this  letter  was  written,  Mr. 
Sheean  was  unconditionally  discharged.  He  was  set  at  lib- 
erty in  New  York,  to  make  his  way  home  as  best  he  could. 
No  trial  or  examination  was  ever  offered  him.  No  charge 
was  ever  made  against  him.  He  was  never  informed  who 
conspired  against  his  liberty  or  by  what  means  his  arrest 
was  brought  about ;  all  this  he  was  left  to  surmise.  With- 
out even  an  apology  for  his  four  months'  incarceration, 
he  was  turned  out  of  the  Bastile,  injured  in  health  and 
ruined  in  business,  with  a  feeling  of  genuine  hatred  for  the 
cause  that  demanded  the  sacrifice,  and  sharpened  to  reckless- 
ness by  the  wrongs  he  had  endured. 

The  arrest  of  Mr.  Sheean  operated  the  reverse  of  what 
was  intended.  Instead  of  intimidating,  it  stimulated  his 
political  and  personal  friends.  He  who  dared  to  justify  was 
quickly  silenced.  They  declared  themselves  ready  to  follow 
him  —  his  cause  was  theirs,  and  they  openly  became  his  cham- 
pions. 

The  City  Council  of  Galena  unanimously  passed  resolutions 
condemning  the  act,  and  requesting  of  the  Government  a 
speedy  examination  of  his  case  and  that  of  Mr.  Johnson. 
One  thousand  citizens  of  Galena,  including  a  company  of 
volunteers,  signed  a  petition  of  the  same  purport.  A  request 
for  an  examination  of  the  cases  was  extorted  from  the  Gov- 
ernor of  Illinois.  General  Rawlings  sent  to  the  Secretary 
of  War  a  similar  request  as  to  Mr.  Sheean,  indorsed  by  Gen- 
eral Grant,  but  all  to  no  purpose. 

The  sullen  despot  at  Washington  heeded  not  prayers,  peti- 
tions, or  appeals  for  justice.  That  piece  of  loyal  corruption 
—  Washburne  —  was  at  "  Court,"  and  his  ends  were  not  yet 
accomplished.  His  will  had  imprisoned,  and  his  will  alone 
could  release.  It  is  a  fact  worthy  of  note,  that  out  of  twenty- 
five  letters  written  by  Mr.  Sheean,  while  imprisoned,  con- 


462 


AMERICAN  BASTILE. 


taining  denunciations  against  Washburne,  none  ever  reached 
the  persons  to  whom  they  were  written  ;  and  it  is  supposed 
that  ^rashburne  to-day  is  the  possessor  of  them. 

After  Mr.  Sheean's  return  to  Galena,  the  Democrats,  being 
determined  to  rebuke  his  enemies  and  reward  him,  induced 
him  against  his  desire  to  be  their  candidate  for  Mayor  of  the 
city,  and  elected  him  by  a  vote  of  two  to  one  for  his  Repub- 
lican opponent,  it  being  the  largest  vote  ever  given  for  a 
municipal  officer  in  Galena, 


GEORGE  W.  WILSON. 


GECi.GE  W.  WILSON,  of  Upper  Marlboro',  Maryland, 
wrs  arrested  for  the  publication  of  an  article  in  the 
Marlboro'  Gazette,  of  which  paper  he  was  the  Editor.  The 
article  in  question  was  a  criticism  upon  the  unjustness  of  the 
apportionment  of  the  population  of  his  State,  which  included 
white  and  black,  freemen  and  slaves,  in  the  basis  for  a  draft. 

The  apportionment  made  three-fifths  of  the  slaves  and  free 
colored  population  a  part  of  the  militia  of  the  State,  when  the 
Bill  of  Rights,  the  Constitution,  and  the  acts  of  the  Legis- 
lature distinctly  declared  the  militia  of  the  State  shall  con- 
sist only  of  that  portion  of  her  free  white  citizens  who  are 
between  the  ages  of  eighteen  and  forty-five  years. 

On  the  morning  of  the  15th  of  October,  1862,  his  house 
was  searched  in  his  absence  by  a  Government  Detective,  who 
said  that  he  was  searching  for  Government  stores,  but  failed 
to  find  any.  He  was  supported  in  his  nefarious  work  by  a 
squad  of  soldiers,  under  the  command  of  a  Captain  Bullock. 

Upon  Mr.  Wilson's  return  to  Marlboro',  at  noon,  he  re- 
ported himself  to  the  Captain,  who  at  once  put  him  under 
arrest.  After  a  private  and  informal  examination  of  his 
case  before  the  Provost  Marshal  of  the  County,  the  Detec- 
tive, and  the  Captain,  during  which  time  these  functionaries 
had  quite  a  sharp  discussion  as  to  who  had  the  greatest 
power  in  the  case,  a  parole  of  two  hours  was  granted  the 
prisoner,  when  he  was  to  report,  and  hear  what  disposition 
had  been  made  of  him. 

At  the  expiration  of  the  allotted  time,  he  found  a  horse 
m  readiness,  and  was  told  that  he  was  to  be  taken  to  Wash- 
ington. Thither  he  was  conducted,  and  arrived  safely  at  the 
Old  Capitol,  at  9  o'clock  p.m.,  where  he  was  lodged,  with,  ten 

4G3 


464 


AMERICAN  BASTILE 


or  twelve  other  prisoners,  in  room  No.  16.  At  the  examina- 
tion  in  Marlboro',  the  Marshal  and  Detective  acquitted  him 
fully  of  the  charge  alleged,  but  the  Captain  arraigned  him 
upon  the  editorials  published  in  that  morning's  "  Gazette.' 
He  read  and  re-read  them,  torturing  the  language  into  an 
"  interference  with  the  draft,"  and  charging  him  (Wilson) 
with  sarcasm,  in  calling  his  soldiers  "the  sons  of  Abraham." 
He  defended  himself  by  asserting  that  it  was  a  cognomen  of 
tneir  own  choosing,  and  quoting  in  support  a  popular  air  of 
the  da}r.  His  escape  from  the  civil  authorities,  (the  Marshal 
and  Detective,)  and  his  arrest  by  the  military,  brought  to 
mind  the  situation  of  the  Irishmen  in  1798 : 

"Them  were  hard  times  for  an  honest  gossoon; 
If  he  missed  of  the  judges,  he  met  a  dragoon  : 
And  whether  the  judges  or  soldiers  gave  sentence, 
The  devil  a  shart  time  they  gave  for  repentance." 

During  the  few  days  Mr.  Wilson  was  an  occupant  of  the 
Old  Capitol,  and  an  inmate  of  room  No.  16  of  the  famous  — 
infamous,  rather  —  Bastile,  he  made  his  room-mates  forget, 
most  of  the  time,  that  they  were  victims  of  despotism. 
His  bon-mots  and  witticisms  seemed  inexhaustible,  and  the 
vivaciousness  of  his  temper  tended  to  dispel  the  ennui  which 
had  settled  upon  them. 

Nor  did  his  interest  in  the  well-being  of  his  fellow-prison- 
ers cease  with  separation  from  them.  No  sooner  did  he 
reach  home,  some  twenty  miles  from  Washington,  than  he 
despatched  a  large  box  of  provisions,  which  he  knew,  by  his 
six  days'  experience  of  the  treatment  of  prisoners  of  state  by 
the  Administration,  they  much  needed.  Mr.  Wilson's  genial 
nature  and  liberal  and  gentlemanly  conduct  will  ever  be 
held  in  grateful  remembrance  by  his  fellow- victims  of  despot- 
ism of  room  No.  16,  Old  Capitol  Prison. 

After  remaining  in  the  modern  Bastile  for  six  days,  his 
case  was  taken  up,  and  he  was  discharged,  mainly  through 
the  exertions  of  the  Hon.  Charles  Calvert,  representative  in 
Congress  from  his  district. 


J.  BLAKE  WALTERS,  riSQ 


J BLAKE  WALTERS,  Esq.,  is  a  native  of  Clearfield 
•  County,  Pennsylvania,  was  born  in  that  county  in  1840, 
and  has  always  resided  there,  with  the  exception  of  about  a 
year  spent  in  Baltimore,  where  he  was  employed  in  the  office 
of  the  Division  Superintendent,  Northern  Central  Railroad, 
and  at  which  place  his  arrest  was  made.  His  father  was  a 
member  of  the  Pennsylvania  Legislature  during  the  sessions 
of  1847-8-9,  and,  in  1856,  was  elected  Prothonotary  of  the 
county.  He  died  in  1859.  His  son,  Blake,  was  a  clerk  for 
him  in  the  office  of  Prothonotary ;  subsequently  he  was  en- 
gaged in  the  lumber  and  mercantile  business  for  two  years, 
and  for  three  years  has  been  the  law  partner  of  the  Hon.  W. 
A.  Wallace,  in  his  native  town. 

His  arrest  took  place  on  Friday,  the  6th  of  January,  1865, 
at  1  o'clock  p.m.,  in  his  office  in  Baltimore,  by  a  Government 
Detective,  who  took  him  thence  to  Colonel  Wooley's  office, 
at  the  corner  of  Camden  and  Eutaw  Streets,  where  he  was 
given  in  charge  of  the  guard,  and  locked  up  in  the  old  negro 
jail,  or  "  Slave  Pen,"  with  some  forty  other  prisoners,  mostly 
deserters  and  bounty-jumpers.  The  room  was  in  a  filthy 
condition,  being  alive  with  vermin,  and  without  furniture  of 
any  description.  At  7  o'clock  p.m.,  he  was  ordered  to  pre- 
pare to  go  to  Harrisburg,  Pennsylvania.  He  asked  permis- 
sion of  the  Detective  who  had  him  in  charge,  to  stop  at  his 
boarding-house,  on  the  way  to  the  depot,  to  enable  him  to 
obtain  some  clothing.  This  was  refused,  the  Detective  saying 
that  he  was  not  permitted  to  take  a  prisoner  into  any  house. 
On  arriving  at  the  depot,  he  requested  one  of  the  clerks  to  go 
for  his  shawl,  which  he  did,  but  did  not  get  any  other  cloth- 
ing. He  was  then  taken  on  the  train  to  Harrisburg,  where 
30  465 


466 


AMERICAN  BASTILE. 


he  arrived  at  4  o'clock  p.m.,  on  the  7th,  having  been  detained 
by  an  accident  on  the  road. 

Here  he  was  turned  over  to  Captain  Thume,  Provost  Mar- 
shal, who  sent  him  under  guard  to  the  "Exchange  Guard 
House,"  on  Walnut  Street,  opposite  the  County  Jail,  where 
he  was  ushered  into  a  room  on  the  second  floor,  twenty  by 
forty  feet,  with  fifty-three  prisoners,  among  whom  were  a 
number  of  persons  from  his  own  and  Jefferson  County.  The 
room  contained  neither  beds  nor  other  accommodations,  and 
the  prisoners  were  compelled  to  lie  upon  the  filthy  floor.  From 
6  p.m.  until  6  a.m.,  no  prisoner  was  permitted  to  leave  the 
room.  A  half-barrel  vessel  was  given  them  to  be  used  for  the 
purposes  of  nature ;  and  before  morning  the  vessel  would  be 
overflowed,  and  the  contents  running  over  half  the  floor, 
wetting  many  of  the  prisoners.  Imagination  could  scarcely 
conceive  a  more  horrible  place. 

A  hot  stove  in  the  room,  made  necessary  by  the  intense 
cold,  caused  a  most  abominable  stench,  sickening  many  of 
the  prisoners,  who  were  compelled  to  use  the  tub  already  over- 
flowed. This  was  the  case  when  the  room  contained  fifty- 
three  persons.  What  must  it  have  been  when  from  seventy- 
five  to  one  hundred  occupied  it,  which  was  not  uncommon? 

The  prisoners  were  marched  in  a  body  to  the  Soldiers'  Rest, 
opposite  the  Pennsylvania  Railroad  depot,  three  times  a  day, 
for  their  rations  of  bread,  meat,  and  coffee.  For  dinner, 
they  were  given  vegetable  soup  in  the  place  of  meat.  They 
had  as  much  of  these  articles  as  they  wished.  The  bread 
and  coffee  were  reasonably  good,  but  the  meat  was  not  Mr. 
"Walters  was  removed  from  this  "Black  Hole"  on  the  17th 
of  January,  when,  in  company  with  ten  others,  he  was  taken 
to  Fort  Mifflin. 

Here  he  was  immured  in  a  bombproof,  with  forty-one 
other  prisoners,  from  his  own  and  adjoining  counties,  com- 
prising diafted  men,  deserters,  and  bounty-jumpers,  but  the 
greater  portion,  by  far,  were  like  himself,  prisoners  of  state, 
who  did  not  know  of  what  their  offence  consisted.  The 
bombproof  is  an  amh  of  brck  and  stone,  laid  in  cement,  and 


J.    BLAKE  WALTERS. 


467 


intended  to  be  proof  against  shot  and  shell.  The  room  13 
about  twenty  by  sixty  feet,  and  twelve  feet  high  in  the  centre 
of  the  arch.  The  walls  are  from  five  to  six  feet  in  thickness, 
on  the  top  of  which  is  thrown  from  five  to  ten  feet  of  earth. 
The  floor  is  of  cement,  and  has  the  appearance  of  hard  earth 
There  was  a  grate  in  one  end  of  the  room,  in  which  they  ken* 
a  fire  of  anthracite  coal  constantly  burning,  the  chimney  of 
which  smoked  so  badly  that  the  eyes  of  the  prisoners  were 
continually  sore.  In  the  opposite  end  there  were  nine  crev- 
ices, three  by  fifteen  inches,  through  which  all  the  light  and 
air  passed  that  were  admitted  into  the  room.  There  were 
also  a  number  of  similar  crevices  along  one  side,  but  these 
they  were  obliged  to  keep  closed  on  account  of  the  coldness 
of  the  weather.  It  was  so  dark  that  in  no  part  of  the  room 
could  any  one  see  to  read  or  write  a  word  at  midday,  with- 
out a  candle  ;  and  had  the  weather  permitted  them  to  have 
kept  all  the  crevices  open,  there  would  not  have  been  enough 
light  admitted  to  allow  of  either  reading  or  writing. 

There  were  no  bunks  or  accommodations  for  sleeping, 
other  than  a  few  loose  boards  thrown  along  either  side,  upon- 
which  they  slept.  Each  prisoner  was  furnished  by  the  Gov- 
ernment with  one  blanket.  These  were  their  only  beds  —  if 
beds  they  could  be  called  —  until  the  10th  of  February, 
(seven  days  before  they  were  re-transferred  to  Harrisburg,) 
when  bunks  were  put  in  for  them.  Five  days  afterward, 
some  hay  was  furnished  them  to  put  on  their  bunks,  and  a 
few  wornout  bedticks  were  given  to  the  old  and  sick. 

Each  prisoner  was  provided  with  a  tin  cup  and  spoon,  for 
which  he  paid  the  sutler  thirty  cents.  This  cup  was  all  N 
they  had  in  which  to  get  their  rations,  served  up  to  them 
in  this  manner:  In  the  mornings,  each  drew  an  eighteen- 
ounce  loaf  of  bread,  a  small  piece  of  meat,  and  a  tincup  of 
coffee.  This  was  all  the  bread  and  meat  furnished  for  one 
day's  rations.  The  bread  was  good,  but  the  meat  was  veiy 
indifferent.  Once  or  twice  a  week  they  were  given  fresli 
beef,  and  the  balance  of  the  time  they  were  furnished  with  a 
poor  quality  of  bacon.    The  coffee  was  not  the  article  fur- 


468  AMERICAN  BASTILE. 

nislied  by  the  Government,  but  an  inferior  quality  of  patent 
coffee,  purchased,  probably,  at  one-fourth  the  cost  of  the 
genuine  article,  which  they  were  obliged  to  use,  while  the 
proceeds  of  that  which  was  intended  for  their  consumption 
passed  into  the  pockets  of  those  connected  with  the  Commis- 
sary Department.  For  dinner,  they  were  given  a  tincup  of 
bean-soup,  made  by  putting  the  beans  in  the  water  in  which 
the  meat  used  the  previous  day  had  been  boiled,  and  cook- 
ing them  a  few  hours.  It  was  repulsive  even  to  hungry  men, 
and  could  scarcely  be  made  more  unpalatable  or  unwhole- 
some. At  supper,  they  were  again  given  a  cup  of  the  same 
kind  of  coffee  as  was  served  in  the  morning.  They  had  the 
privilege  of  purchasing  a  few  things  from  the  sutler,  at  three 
times  their  value,  but  they  were  of  but  little  use,  having  no 
conveniences  for  cooking. 

Their  daily  ration  of  water  for  fifty-two  persons,  who  then 
occupied  the  room,  consisted  of  as  much  as  they  could  bring 
twice,  in  a  half  barrel,  from  the  Delaware.  This  was  all 
they  had  for  drinking  and  washing  purposes  for  twenty-four 
hours. 

Here,  as  at  the  "  Exchange,"  at  Harrisburg,  they  were 
furnished  with  a  half  barrel,  for  the  same  purposes,  and  with 
the  same  results.  This  they  emptied  into  the  Delaware,  at 
the  same  wharf  where  they  obtained  their  drinking  water. 
Two-thirds  of  the  prisoners  being  ill  with  diarrhoea,  caused 
by  the  food  and  water,  were  compelled  to  use  the  tub  for  the 
calls  of  nature,  and  this  being  kept  in  the  end  near  the  crev- 
ices to  avoid  the  fire,  emitted  a  horrible  smell,  which  was 
carried  by  the  current  of  air  through  the  middle  of  the  room, 
and  thence  out  at  the  chimney.  The  only  vessel  they  had  in 
which  to  wash  and  boil  their  clothing,  was  a  two-gallon  tin 
bake-pan,  until  a  short  time  prior  to  their  departure,  when 
they  were  provided  with  two  rusty  camp-kettles.  The  air 
was  very  damp,  and  during  the  greater  part  of  the  night  it 
was  so  cold  that  they  were  unable  to  sleep. 

These  rooms  had  never  been  intended  by  their  builders 
for  the  confinement  of  prisoners,  as  the  dampness  must,  in  9 


/ 

J.    BLAKE    WALTERS.  409 


short  time,  impair,  if  not  destroy  the  health  of  those  having 
the  strongest  constitution — as  the  appearance  of  the  prisoners 
confined  with  Mr.  Walters  fully  testified.  During  his  im- 
prisonment in  the  Fort,  he  was  detained  in  close  confinement, 
except  when  he  volunteered  to  go  out  and  work,  which  he 
did  several  times  in  order  to  get  fresh  air. 

The  only  kind  of  work  the  prisoners  could  get  was  cutting 
and  wheeling  ice  to  fill  the  ice-house,  or  shovelling  gravel  on 
a  new  road,  which  was  being  built  from  the  Fort  to  Bell's 
Station,  on  the  Philadelphia,  "Wilmington  and  Baltimore 
Railroad.  The  work,  although  not  of  a  very  pleasant  char- 
acter, was  not  half  as  bad  to  them  as  the  sense  of  having  a 
guard  at  their  backs,  with  a  musket  and  bayonet,  watching 
them  as  though  they  were  criminals.  To  Mr.  Walters  this 
was  very  humiliating. 

On  the  morning  of  the  17th  of  February,  after  a  confine- 
meat  in  the  Fort  of  thirty-one  days,  he,  together  with  six 
others,  left  for  Harrisburg.  They  were  forced  to  walk  to 
Philadelphia,  a  distance  of  six  miles.  The  road  was  slushy 
and  slippery,  making  it  a  difficult  and  painful  undertaking  to 
some  of  the  party,  as  Mr.  Hubler,  one  of  them,  was  very  old,  . 
and  Dr.  Krise,  another,  had  just  been  taken  out  of  the  hos- 
pital. They  arrived  at  Harrisburg  at  4  o'clock  p.  m.  on 
the  same  day,  and  were  lodged  in  the  "  Exchange."  He 
found  this  place,  if  possible,  more  filthy  than  when,  a  month 
previously,  he  left  it  for  the  Fort. 

Mr.  Walters  now  for  the  first  time  was  enabled  to  find  out 
the  charges  upon  which  he  had  been  arrested.  He  had  made 
inquiry  at  the  Provost  Marshal's  office  in  Baltimore,  when 
first  arrested,  and  was  told  that  they  did  not  know  what  the 
charges  were.  This  he  felt  satisfied  was  false,  as  an  article 
appeared  in  the  "  Baltimore  Clipper,"  a  few  days  afterward, 
stating  that  he  was  a  "desperate  character,"  and  the  "leader 
of  the  Clearfield  County  rioters."  This  information,  tie  was 
confident,  came  from  the  office  of  Colonel  Wooley.  On  being 
turned  over  to  Captain  Thume  at  Harrisburg,  when  first 
taken  there,  he  asked  for  a  copy  of  the  charges  against  him, 


470 


AMERICAN  BASTILE. 


which  the  Captain  promised  to  furnish  on  the  following 
Monday,  but  which  was  never  received.  He  had  frequently 
demanded  the  nature  of  his  offence,  but  failed  to  elicit  it,  and, 
after  an  incarceration  of  forty -three  days,  was  informed  of  it 
by  his  friends,  which  was :  "  of  being  an  officer  of  a  secret 
organization  to  resist  the  draft." 

The  affidavit  on  whicb  his  arrest  was  ordered  was  made  by 
John  L.  Loder,  of  Bradford  Township,  who  swore  that  Mr. 
Walters  had  acted  as  chairman  of  a  meeting  at  Knept's  barn, 
held  during  the  previous  September  or  October,  for  the  pur- 
pose of  resisting  the  draft,  and  that  he  had  sworn  the  men 
present  to  do  so.  To  prove  this  a  falsehood,  we  need  only 
mention  that  he  left  the  county  on  the  12th  of  September, 
returned  on  the  26th,  remained  during  the  court  term,  and 
on  the  2d  of  October  left  for  Williamsport,  and  did  not  again 
return  to  the  county  until  after  his  release. 

The  meeting  of  which  Loder  gave  an  exposition  was  held 
ki  July,  its  object  being  the  thorough  organization  of  the 
Democratic  party  of  the  township,  preparatory  to  the  special 
election  on  the  4th  of  August,  1864,  this  duty  having  been 
•  assigned  to  Mr.  Walters  by  the  Chairman  of  the  State  Cen- 
tral Committee  for  that  purpose.  Loder  afterward  came  to 
Mr.  Walters,  at  the  "  guard-house "  in  Harrisburg,  at  the 
time  his  trial  was  about  to  commence,  and  in  the  presence 
of  Daniel  Curly,  informed  him  that  he  had  told  the  Judge 
Advocate  to  destroy  the  affidavit,  as  he  had  been  "  entirely 
mistaken,"  both  as  to  the  time  of  the  meeting  and  its  object, 
and  that  he  would  not  appear  against  Mr.  Walters ;  and 
further,  that  he  would  swear  that  resistance  to  the  draft  or 
Government  had  never  been  mentioned  in  said  meeting. 

This  statement  was  made  voluntarily,  as  he  had  not  spoken 
to  Loder  since  his  arrest.  Further  conversation  with  him 
convinced  Mr.  Walters  that  he  (Loder)  had  been  made  to 
serve  the  wishes  of  S.  B.  Benson,  who  no  doubt  conducted 
the  prosecution  to  revenge  himself  for  an  altercation,  which 
had  taken  place  a  few  months  before  at  Philipsburg. 

On  the  evening  of  the  22d  of  February,  Mr.  Walters  waa 


J.    BLAKE  WALTERS. 


471 


taken  to  the  court-house,  and  handed  a  copy  of  the  charges 
and  specifications  against  him  hy  Captain  Johnson,  Judge 
Advocate.  He  was  then  sent  back  to  the  "  guard-house," 
after  being  informed  that  his  trial  should  commence  in  the 
morning.  The  following  morning,  H.  Bucher  Swoope,  Esq., 
called  on  him,  with  some  other  friends,  and  expressed  a  will- 
ingness to  assist  in  obtaining  his  release.  Mr.  Waiters  told 
him  that  he  was  weary  of  his  imprisonment,  but  would  make 
no  concessions  that  could  in  any  way  sacrifice  his  manhood 
or  honor,  to  secure  his  liberty. 

On  the  27th  of  February,  the  prisoners  were  all  removed  to 
the  guard-house  connected  with  the  cotton-factory  barracks, 
which,  though  unfit  for  the  confinement  of  human  beings, 
was  much  better  in  every  respect  than  the  "  Exchange," 
which  had  become  so  filthy  that  persons  visiting  their  friends 
confined  there  could  not,  after  leaving  the  pure  air  of  the 
city,  endure  it  more  than  a  few  minutes,  without  being  sick- 
ened by  the  intolerable  stench  which  pervaded  the  room. 

On  the  1st  of  March,  Mr.  Walters  and  five  others  from  hia 
county  were  marched  to  the  Provost  Marshal's  office,  where 
they  were  released  on  taking  the  oath  of  allegiance,  and  also 
an  oath  to  report  in  person  when  requested  by  the  officer 
commanding  the  Department.  The  oath  of  allegiance  waa 
the  same  as  usually  administered. 

Thus  ended  fifty-four  days'  of  imprisonment  in  one  of  the 
Military  Bastiles,  for  a  purely  imaginary  offence,  to  satisfy 
the  malice  of  a  satellite  of  tyranny. 

His  political  friends  used  every  effort  to  get  him  released 
or  tried,  but  their  efforts  were  looked  upon  with  suspicion, 
and  their  requests  treated  with  contempt  by  those  having 
immediate  charge  of  the  Department  at  Harrisburg. 


MAJOR  JACOB  WILLHELM. 


THE  circumstances  attending  the  arrest  of  Major  "Will- 
helm  were  of  a  most  painful  character,  and  it  was  one 
of  the  most  glaring  usurpations  of  power  we  have  been 
called  upon  to  narrate.  It  shows  one  of  a  thousand  in- 
stances, where  an  unoffending  man  has  been  torn  from  his 
home  and  family  at  midnight  hours,  dragged  by  a  ruthless 
soldiery  through  the  intense  cold  of  a  December  night, 
thrust  into  a  prison-pen  twelve  miles  distant,  and  afterward 
detained  in  prisons  so  damp  as  to  be  fit  only  for  toads. 

Jacob  "Willhelm  was  born  in  Northumberland  County, 
Pennsylvania,  in  1805,  and  is,  consequently,  64  years  of  age. 
He  has  always  been  an  honest,  hard-working  man,  having 
"  eaten  his  bread  by  the  sweat  of  his  brow."  He  has  been 
a  firm  and  conscientious  defender  of  the  principles  of  Jeffer- 
son and  Madison,  opposing  as  firmly  in  1861  the  hydra- 
headed  doctrine  of  secession,  as  he  had  through  a  long  life 
the  pernicious  doctrines  of  centralization,  miscegenation,  and 
abolitionism,  with  their  concomitant  train  of  evils. 

He  has  at  different  periods  of  his  life  held  the  offices  of 
Captain  and  Major  of  the  State  Militia,  and  at  present  is 
Associate  Judge  of  the  Court  of  Common  Pleas  of  Clear 
field  County. 

He  is  an  upright,  highminded  man,  and  commands  the 
respect  and  confidence  of  all  who  know  him.  Opposed  to 
coercion  and  the  war,  he  nevertheless,  as  a  law-abiding  citizen, 
obeyed  the  laws  and  acts  of  Congress,  and  gave  his  time, 
influence,  and  money  toward  the  raising  of  volunteers  and 
substitutes  to  fill  the  quota  of  his  township,  and  relieve  it 
of  the  heartless  tyranny  of  a  conscription ;  having  spent  in 
all  about  §2,200  for  commutation  money,  in  raising  volun- 

472 


MA  JOE    JACOB  WILLHELM, 


473 


teers,  and  for  his  board  and  physician's  hill  during  his  arrest 
and  imprisonment. 

In  1862,  his  oldest  son  and  son-in-law  enlisted  in  the  army 
and  served  for  three  years.  In  the  same  year,  his  township 
raised  money  by  subscription  to  avert  the  draft.  In  the 
year  1864,  three  drafts  were  made.  The  endeavors  to  raise 
funds  to  fill  the  quota  of  men  required,  without  a  draft,  in 
his  township,  having  proved  futile,  a  draft  took  place,  and 
his  second  son  was  one  of  the  number  drawn,  for  whose  ex- 
emption the  Major  paid  $365. 

The  same  son  was  at  the  time  clerk  for  an  ironmaster, 
named  Lyon,  in  Jefferson  County,  Pennsylvania,  who  dis- 
charged him  for  manfully  refusing  to  vote  for  Mr.  Lincoln, 
contrary  to  his  convictions,  saying  that  he  did  not  think  it 
safe  to  employ  clerks  who  did  not  look  to  their  employers' 
interest.  His  third  son  was  drafted  in  the  same  year,  and 
paid  $940  for  a  substitute.  Four  of  his  family  were  then 
either  drafted  or  in  the  army.  One  son  only  remained,  and 
he  was  under  the  required  age. 

Major  Willhelm  was  arrested  at  midnight  on  the  24th  of 
December,  1864,  by  a  detachment  of  soldiers  from  the  16th 
Regiment  Veteran  Reserve  Corps,  then  stationed  at  Philips- 
burg,  Pennsylvania.  His  son,  having  taken  a  drafted  man 
to  the  headquarters  to  report,  was  compelled  to  convey  the 
detachment  of  soldiers  who  made  the  arrest  of  his  father, 
and  threatened  with  imprisonment  if  he  should  refuse. 
"When  the  squad  came  to  his  house,  they  had  two  of  his 
neighbors  under  arrest.  The  posse  consisted  of  six  men, 
who  hastily  thrust  him  into  his  sled  and  conveyed  him  to 
headquarters,  where  he  arrived  about  daylight. 

Here  he  was  confined  in  what  had  formerly  been  an  old 
mill,  but  which  was  now  converted  into  a  barrack  for  the 
troops.  It  being  Sunday,  his  friends  endeavored  to  get  him 
released  on  parole,  or  on  bail,  until  the  following  day,  when 
he  was  to  be  taken  East.  The  officers  at  first  refused,  but  at 
length  moderated  their  stringent  measures  so  far,  as  to  grant 
him  the  freedom  of  the  town  on  bail,  with  the  condition  that 


474 


AMERICAN  BASTILE. 


he  was  to  report  at  10  o'clock  a.m.,  on  the  following  morning 
At  the  expiration  of  the  allotted  time,  he  reported  himself 
at  the  headquarters,  and  was  marched,  under  guard  of  two 
men,  to  the  barracks,  there  to  await  the  departure  of  the 
train  for  Ilarrisburg. 

"While  standing  before  the  grate  in  the  "  Spread  Eagle  " 
Hotel,  he  was  closely  questioned  as  to  several  political  gather- 
ings that  had  been  held  in  his  township,  and,  at  one  of  which, 
he  had  acted  as  president.  The  meetings  in  question  were 
held  at  the  instigation  of  the  Chairman  of  the  Democratic 
State  Central  Committee,  for  the  organization  of  the  party 
in  the  township,  prior  to  the  election  of  October  of  the  same 
year  ;  and  which  the  heated  imagination  of  the  "  patriots  " 
had  converted  into  resistance  to  the  draft  and  subversion  of 
the  Government. 

He  was  taken  thence  direct  to  Harrisburg.  Arriving  at 
Tyrone,  he  wrote  to  Mr.  Lamberton,  attorney  at  law,  in  Har- 
risburg, soliciting  his  professional  services.  Mr.  Lamberton 
not  being  at  home,  Mr.  D.  Fleming  called  upon  him,  and 
subsequently  assisted  the  former  gentleman  in  conducting  his 
case. 

While  confined  at  the  "  Exchange  Guard-house,"  admis- 
sion was  persistently  refused  to  his  friends  who  called  upon 
him.  Hon.  AY  in.  A.  Wallace,  Senator  from  his  county,  was 
at  first  refused  admission,  but  was  subsequently  admitted 
through  the  influence  of  Mr.  Fleming.  He  and  his  fellow- 
prisoners  were  offered  their  liberty  by  prominent  Republi 
cans,  if  they  would  debase  their  manhood  and  become  mem- 
bers of  their  party. 

This  disgraceful  proposition,  worthy  only  of  the  men  who 
offered  it,  was  manfully  and  indignantly  refused.    On  the 
4th  of  January,  1865,  he,  together  with  several  others,  wa< 
transferred  from  the  loathsome  "guard-house"  to  Fort  Mi* 
fiin,  near  Philadelphia. 

Arriving  in  that  city,  they  were  placed  in  the  tourth  story 
of  the  barrack  at  Fifth  and  Buttonwood  Streets,  and  left 
during  the  night  without  food  or  fire,  in  a  room  in  which 


MAJOR    JACOB  WILLHELM. 


475 


nearly  all  the  glass  was  broken  from  the  windows,  and  through 
which  blew  the  chill  blasts  of  winter. 

In  the  morning,  Major  "Willhelm  was  furnished  with  some 
bread  and  meat,  and  taken  to  the  depot,  where  he  stood  until 
between  3  and  4  o'clock  p.m.,  when  he  was  started  for  Fort 
Mifflin. 

Arriving  there  about  dark,  he  was  immediately  immured 
in  a  bombproof  about  sixty  feet  in  length  by  twenty  feet  in 
width,  and  about  twelve  feet  in  height  from  the  floor  to  the 
apex.  This  room  had  but  nine  small  crevices  at  one  end,  for 
the  admission  of  light  and  air,  those  upon  the  side  being 
kept  closed  on  account  of  the  intense  cold.  In  this  room 
were  huddled  about  forty  persons,  a  majority  of  whom  were 
confined  fo:*  political  offences.  These  persons,  groping  around 
in  the  dark  —  for  at  no  time  was  there  light  enough  to  see  to 
read  —  and  all  inhaling  the  vitiated  air  of  the  room,  presented 
a  picture  which  has  scarcely  a  parallel  in  the  prison  annals 
of  the  world. 

The  room  had  but  one  small  grate,  and  this  emitted  an 
insufficiency  of  warmth,  causing  much  suffering  among  the 
prisoners,  who  stood  by  it  in  turns,  some  roasting,  while 
others  stood  back  shivering  with  cold.  This  alternation  of 
positions  caused  the  retiring  party  to  suffer  more  severely 
from  the  fact  that  they  could  see  the  fire,  but  not  feel  its 
warmth,  and  dared  not  in  honor  advance  until  the  proper 
time.  They  had  neither  chair,  stool,  bench,  nor  bedstead, 
and  were  compelled  to  lie  and  sit  upon  a  few  boards  thrown 
loosely  down  on  the  floor,  while  the  dripping  from  the 
walls  and  roof  either  ran  on  the  cemented  floor  or  formed 
icicles  and  glades  of  ice  on  the  walls.  Those  who  had  no 
blankets  were  furnished  with  old  ones  by  the  Government, 
some  of  which  were  full  of  vermin. 

Major  "Willhelm  had  not  been  long  imprisoned,  when  he 
discovered  that  the  sudden  change  from  an  active  out-of- 
door  life  to  confinement  in  a  loathsome  cell  was  impairing 
his  health ;  which  continued  to  grow  worse  daily,  and  finally 
reduced  him  to  the  portals  of  the  tomb. 


476 


AMERICAN  BASTILE. 


The  faie  was  meagre,  the  only  good  article  furnished  them 
being  bread,  but  this  was  insufficient  in  quantity.  The  meat 
was  such  as  was  fed  to  prisoners  at  the  other  Forts,  much 
of  it  putrid ;  and  the  coffee  was  a  vile  compound  wholly 
unfit  to  drink.  This  regimen  was  sometimes  varied  by  giving 
them  bean  or  pea  soup,  a  shadow,  void  of  substance.  There 
was  a  sutler-shop  in  the  Fort,  where  those  who  had  money 
might  make  occasional  purchases,  paying  extortionate  prices 
for  everything.  They  were  compelled  to  go  under  u  a 
guard,"  who  always  expected  "his  whiskey"  for  his  trouble. 
Nothing  was  done  gratuitously.  Cold  boiled  hams  and  bacon 
were  the  principal  meats  purchased :  the  former  was  gene- 
rally of  good  quality,  but  the  latter  was  as  rusty  as  though  it 
were  a  remaining  portion  of  the  provisions  of  the  Argonautic 
Expedition. 

Boxes  of  provisions  sent  to  the  prisoners  were  opened,  and 
their  contents  examined ;  ostensibly  to  prevent  the  smug- 
gling of  liquor  to  the  prisoners,  but  in  fact  to  divide  their 
contents  with  the  officers,  who  took  a  large  share. 

As  time  elapsed,  Major  Wilhelm  found  his  health  rapidly 
declining.  He  became  very  weak,  sometimes  scarcely  able  to 
walk.  Thus  far,  all  the  exertions  of  his  counsel  and  the  un- 
tiring efforts  of  his  friends  to  procure  his  release  had  been 
abortive. 

On  the  17th  of  February,  he  with  several  others,  was  taken 
to  Harrisburg  for  trial,  after  an  incarceration  in  Fort  Mifflin, 
of  fortv  -four  days.  Through  the  intercession  of  Hon.  AVm. 
A.  Wallace,  he  was  granted  the  limits  of  the  city,  which 
somewhat  ameliorated  his  condition.  His  parole  was  to  ex- 
tend to  the  time  that  his  trial  commenced,  about  a  week 
afterward.  He  was  then  turned  over  by  Captain  Thume  to 
Judge- Advocate  Johnson,  who  renewed  it  for  him,  but  re- 
quired him  to  report  at  9  o'clock  a.m.,  daily. 

Shortly  after  the  extension  of  his  parole,  he  was  confined 
ro  his  bed  in  the  "Bolton6,  House,"  for  five  weeks,  with 
scarcely  a  hope  of  recovery.  But,  through  the  attentive  care 
of  hi3  wife  and  e<m,  together  with  the  best  medical  attend- 


MAJOR    JACOB  WILLHELM. 


477 


ance,  he  was  enabled,  by  this  time,  to  bear  the  fatigues  inci- 
dent to  a  journey  home,  permission  to  take  him  thither 
having  been  granted. 

His  trial  lasted  two  weeks,  and  for  two  weeks  more  he  was 
held  in  uncertainty  as  to  the  findings,  which  proved  to  be 
"  guilty,"  with  a  sentence  of  two  years'  confinement  in  a  Gov- 
ernment Fort,  and  a  fine  of  $500.  Guilty  of  what  ?  Guilt y 
of  having  exercised  the  right  of  an  American  citizen,  grant- 
ed to  him  by  the  Constitution  of  his  country !  Guilty  of 
having — by  the  voices  of  his  fellow-citizens —  presided  over 
a  political  meeting  of  Democrats,  and  of  having  concocted 
plans  for  defeating  his  political  opponents  !  A  heinous  crime, 
certainly ! 

Before  his  departure  from  Harrisburg,  he  was  raised  up  in 
bed,  and  required  to  sign  a  parole,  agreeing  to  report  himself, 
when  called  upon  to  do  so.  Being  unable  to  write  his  name, 
and  totally  unconscious  of  the  surrounding  proceedings,  his 
hand  was  taken  by  H.  Bucher  Swoope,  of  his  county,  and  his 
name  affixed  to  the  bond. 

By  slow  stages  he  was  removed  to  his  home,  receiving  the 
most  delicate  attentions  from  his  friends  on  the  route. 

From  Philipsburg,  he  was  conveyed  on  a  bed,  placed  in  a 
wagon,  being  so  debilitated  as  to  be  unable  to  sit  up  for  any 
length  of  time. 

He  arrived  at  home  in  May,  and  in  about  a  month  was 
called  upon  to  report ;  but  through  the  influence  of  General 
Steadman  and  some  other  influential  friends,  he  received  a 
pardon  from  President  Johnson  before  the  expiration  of  the 
time  allotted  him  to  appear.  He  has  somewhat  recovered 
his  strength,  but  not  his  former  health.  His  constitution 
was  irretrievably  broken  by  his  confinement  and  consequent 
sickness. 


JACOB  IIUBLER  AND  SON. 


MR.  JACOB  HUBLER,of  Grahampton, Clearfield  County, 
Pennsylvania,  was  another  of  the  victims  sacrificed  to 
the  bloody  Moloch  of  Abolitionism.  He  was  sixty-five  years 
of  age,  and  suffering  from  the  infirmities  incidental  to  that 
period  of  life,  at  the  time  of  his  arrest.  About  10  o'clock 
p.m.,  in  the  latter  part  of  December,  1864,  he  was  arrested, 
and  brutally  treated  by  his  captors. 

The  arrest  was  made  by  a  squad  of  soldiers  headed  by  one 
Joseph  Miller,  a  citizen,  wearing  an  United  States  uniform. 
On  entering  the  house  of  Mr.  Hubler,  they  presented  their  re- 
volvers and  covered  his  person  with  them,  demanding  to  know 
at  the  same  time,  if  there  were  any  men  in  the  house.  He  re- 
plied in  the  negative.  He  was  then  told  to  pack  up  his  cloth- 
ing, as  he  was  a  prisoner,  and  must  accompany  them.  He 
asked  Miller  what  crime  he  had  committed  against  either  the 
civil  or  military  authority  of  the  United  States,  that  he  was 
thus  to  be  dragged  from  his  fireside,  avowing  himself  to  be  a 
law-abiding  citizen.  The  officer  ordered  him  to  stop  his  prat- 
tle and  get  ready  to  leave.  In  a  few  minutes  after,  he,  together 
with  several  others  who  had  been  kidnapped,  was  started  for 
Philipsburg,  the  regimental  headquarters,  where  he  arrived 
after  suffering  much  from  the  inclemency  of  the  weather. 
The  next  day  he  was  examined  by  the  Marshal,  who  could 
find  nothing  against  him  to  warrant  his  arrest  or  detention, 
but  who  nevertheless  confined  him  for  several  days  in  an  old 
barrack,  where  he  was  fed  on  hardtack  and  coffee.  After 
four  days  of  imprisonment  he  was  transferred,  under  guard, 
to  Harrisburg,  and  immured  in  the  "  Exchange,"  where  he 
anxiously  awaited  his  promised  trial. 

Before  leaving  Philipsburg,  he  was  told  by  the  command- 

478 


JACOB    HUBLEK    AND  SON. 


479 


lug  oflicer  that  he  would  be  held  responsible  for  his  ion, 
who  had  been  drafted  and  had  not  reported.  He  protested 
against  the  injustice  of  such  action,  averring  that  his  son  was 
of  age,  and  out  of  his  parental  jurisdiction.  But  this  did 
not  palliate  his  case.  A  pretext  for  his  arrest  was  needed, 
and  that  furnished  it. 

After  an  incarceration  of  a  week  in  the  "  Exchange,"  he 
and  forty-two  others  were  placed  on  the  train  for  Philadel- 
phia, where  they  arrived  benumbed  with  cold.  They  were 
then  marched  to  the  barrack,  at  Fifth  and  Buttonwood 
Streets,  placed  in  the  upper  portion  of  the  building,  in  a 
room  from  the  window  of  which  nearly  all  the  glass  had 
been  broken.  Here,  fatigued  and  hungry,  with  nothing  to 
eat,  they  were  left  for  the  night. 

Mr.  Hubler's  boots  were  frozen  on  his  feet,  and  he  nearly 
perished  with  the  cold,  which  was  so  intense,  that  the 
younger  men  were  compelled  to  walk  the  room  to  keep  up 
the  circulation  of  the  blood. 

The  following  morning,  he,  with  the  others,  was  furnished 
with  a  ration  of  bread  and  meat,  marched  to  the  depot  at 
Broad  and  Prime  Streets,  and  kept  standing  for  more  than 
half  a  day.  About  four  o'clock  p.m.,  they  were  placed  on  the 
cars  for  Fort  Mifflin,  where  they  arrived  about  dusk,  and 
were  taken  to  Colonel  Eastman's  office,  and  after  standing 
for  an  hour,  were  placed  in  a  bombproof  with  more  than 
forty  ethers.  His  treatment,  here,  was  the  same  as  that  of 
the  other  prisoners,  which  is  described  in  the  narrative  of  Mr. 
Walters,  who  was  from  that  time  forth  his  fellow-prisoner. 
"While  a  prisoner  in  the  Fort,  his  son,  Levi  Hubler,  who 
had  been  drafted,  as  he  was  informed,  but  had  never  been 
legally  notified  of  it,  after  keeping  out  of  the  way  for  fear 
of  arrest  by  the  troops  who  were  scouring  the  country,  re- 
ported in  the  latter  part  of  December,  thinking  that  he 
would  be  treated  as  a  drafted  man,  as  other  non-reporting 
men  hs.d  been.  Immediately  on  presenting  himself  at  the 
regimental  headquarters,  he  was  arrested,  and  after  a  few 
days' (m  nfinement,  sent  to  Harrisburg,  and  thence  to  Fort 


480 


AMERICAN  BASTILE. 


Mifflin,  undergoing  the  same  treatment  that  his  father  waa 
there  receiving. 

February  17th,  1865,  father  and  son,  together  with  a 
number  of  others,  were  marched  to  Philadelphia,  taken  to 
General  Cadwalader's  headquarters,  and  after  standing  an 
hour  or  more,  were  taken  to  the  depot,  where  they  were 
placed  in  the  cars  for  Harrisburg. 

On  the  march  from  the  Fort  to  Philadelphia,  Mr.  Hubler, 
Sen.,  suffered  much  from  fatigue  and  weakness.  The  road 
was  full  of  slush  and  snow,  and  the  prisoners  were  con- 
stantly slipping,  which  made  the  march  more  tedious  and 
tiresome.  Mr.  Hubler  nearly  gave  out  from  exhaustion,  and 
was  supported  and  assisted  in  turn  by  the  stronger  and  more 
robust  of  the  party.  Arriving  at  Harrisburg,  they  were 
again  placed  in  the  "  Exchange,"  which  becoming  so  filthy 
as  to  disgust  even  the  officials,  they  were  removed  to  the 
"  Cotton  Factory,"  which  was  somewhat  cleaner,  if  not  more 
commodious. 

Their  trial,  which  had  been  promised  them,  was  delayed 
from  day  to  day.  They  were  marched  from  the  prison  to  the 
commission  in  the  morning,  full  of  the  expectation  of  having 
a  trial  and  hearing  their  fate,  and  after  waiting  all  day  in 
torturing  anxiety,  were  marched  back  again,  without  a  word 
pf  explanation. 

Mr.  Hubler,  Jr.,  was  paroled  on  the  22d  of  February, 
1865,  and  has  never  since  been  called  upon  to  report. 

Mr.  Hubler,  Sen.,  failed  so  rapidly  in  health,  that  he  was 
granted  a  parole  on  the  15th  of  March,  1865,  and  returned 
to  his  home,  where  he  was  confined  to  his  bed,  in  which  he 
lingered  until  the  4th  of  July,  and  died  on  the  anniversary 
day  on  which,  eighty-nine  years  before,  had  been  declared 
the  birth  of  a  nation  of  freemen. 

We  conclude  these  narratives  with  a  list  of  those  who 
were  arrested  and  confined  from  Clearfield  County,  Pennsyl- 
vania. The  list  is  not  complete,  but  is  as  full  as  the  author 
could  make  it. 


JACOB 

HUBLER 

AND 

SON. 

481 

Name.              Age  when  arrested. 

Residence. 

Boyer.  Geo., 

oo 

Henderson  Township,  Jefferson  Co.,  Pa. 

T\nuor  "Rpni 
-DUVcr,  JjcIIJ., 

22 

M 

« 

« 

M 

Hann,  John, 

2fl 

M 

(( 

CI 

« 

<< 

.n.eiier,  i_nanes, 

22 
— 

« 

(( 

« 

u 

a 

Iwihnley,  Geo., 

40 

U 

M 

II 

ii 

u 

T^n  Vinlpv  Tfinfl 
J\  1 IIII 1  lc>  ,  Uullll, 

36 

II 

U 

II 

u 

II 

Rauscher,  Geo., 

55 

II 

II 

« 

a 

(( 

Rider,  John, 

52 

u 

H 

« 

ii 

<( 

Hubler,  Jacob,* 

Grahampton, 

(1 

Hubler,  Levi, 

ii 

a 

"\\  illhelm,  Jacob, 

OXf 

u 

a 

XTUIIIlclglCj  U.  o., 

tdii 

l  rouiviiie 

(Brady  Twp.,  Clearfield  Co.),  Pa. 

T-T11  fTY»  o  rrl  o  Tampl 
XI  UlillttglC,  ISldClj 

37 

a 

(  " 

II 

u 

Ii  ^  « 

XVCllci,  U  aCUU, 

35 

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II 

TCpllpr  Pprpr 

37 

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II 

u 

TCorb  Gpo 

22 

« 

/  N 

(( 

u 

«  ^  « 

Miller,  Andrew, 

28 

u 

/  « 

(( 

« 

«  ^  a 

Schucker,  Cornelius, 

18 

ii 

/  (( 

II 

II 

«  ^  M 

Schucker,  Geo., 

21 

a 

(  u 

(1 

(1 

«  ^  « 

Schucker,  Henry, 

23 

« 

(  " 

(1 

u 

II  ^  u 

Schindelle,  Lewis, 

33 

/  M 

« 

(I 

«  ^  a 

Weber,  Geo.  J., 

32 

Luthersburgh, 

/  <« 

(I 

II 

((  ^  u 

Yoas,  Henry, 

44 

M 

/  « 

(1 

II 

u  ^  u 

Walters,  J.  Blake, 

25 

Clearfield,  " 

♦Dead. 


While  all  of  these  cases  were  extremely  painful  on  account  of 
the  exposure  and  hardships  to  which  the  prisoners  were  subjected, 
yet  that  of  Jacob  Hubler,  the  senior  of  the  party,  was  especially 
so,  because  of  the  intense  suffering  he  endured  by  reason  of  his 
confinement.    He  died  shortly  after  his  release  and  return  home. 

The  majority  of  these  prisoners  were  inoffensive  farmers  and 
mechanics,  worthy  citizens,  who  took  no  part  in  political  affairs 
except  vote  the  Democratic  ticket ;  for  which  crime  such  men  and 
neighbors  as  George  Kramer,  Jacob  Anthony  and  James  Anthony, 
assuming  the  patriotic  role  of  spies  and  informers,  branded  them 
as  traitors  to  their  country,  and  had  them  arbitrarily  arrested  and 
cast  into  prison. 

Perhaps  the  characters  of  all  these  informers  may  be  gathered 
from  that  of  James  Anthony,  who,  it  was  reported,  deserted  the 
army  and  came  home,  first,  however,  having  carefully  carved  his 
name  on  a  board  and  placed  it  at  the  head  of  a  newly-made  grave 
on  a  recent  battlefield.  "  Such  is  the  way  to  immortality." 
31 


THOMAS  W.  BERRY,  ESQ. 


BOUT  seven  o'clock  on  the  morning  of  the  25th  of  Marc  h 


1862,  a  squad  of  Company  E,  4th  Xew  York  Artillery 
gurrounded  the  house  of  Mr.  Zacariah  Berry,  in  Prince  George 
County,  Maryland,  and  arrested  his  brother,  Thomas  W. 
Berry,  Esq.,  a  resident  of  Washington  City,  then  on  a  visit. 
Captain  Tudor,  after  disposing  of  his  men  so  as  to  prevent 
escape,  hastily  entered  the  house  and  exclaimed  :  "  Ah,  Mr. 
Thomas,  I 've  got  you,  have  1 1  Are  you  Thomas  AY.  Berry  ?  " 
Receiving  an  affirmative  answer,  he  continued,  "  Then  I  arrest 
you,  Captain  Thomas  Berry,  of  the  Rebel  Army,  for  treason 
against  the  United  States.  Shall  I  treat  you  as  a  prisoner 
of  state,  or  a  prisoner  of  war?"  Mr.  B.  replied,  "I  am 
your  prisoner,  sir,  and  you  can  do  as  you  please." 

Immediately  on  entering  the  room,  Captain  Tudor  took 
from  Mr.  Berry  a  fine  revolver,  which  he  reluctantly  re- 
turned to  him,  after  his  release  from  the  Old  Capitol  Prison. 
Mr.  Berry  requested  permission  to  visit  his  chamber,  under 
guard,  that  he  might  obtain  a  change  of  clothing  before 
leaving.  This  request  was  peremptorily  refused  by  the  Cap- 
tain, who  further  declined  to  permit  him  to  visit  his  sister- 
in-law,  then  lying  very  ill. 

The  Captain  would  not  allow  him  to  take  breakfast,  but 
unceremoniously  ordered  him  to  "  fall  in  line,"  at  the  same 
time  refusing  him  the  use  of  a  horse  or  carriage,  remarking 
that  he  had  a  conveyance  a  short  distance  from  the  house. 
In  the  yard  among  the  soldiers  stood  a  man  named  Wilkin- 
»un,  of  low  birth  and  no  standing  in  the  community  in  which 
he  lived.  This  man  had  piloted  the  party  to  the  house. 
Wilkinson  kept  a  "  whiskey  shop"  at  Grimes's  Cross  Roads, 
ji  U'rince  George  County,  not  far  from  Fort  Greble,  and  had 


482 


THOMAS    W.  BERRY. 


433 


been  detected  in  selling  liquor  to  the  soldiers  stationed  at 
the  Fort,  in  violation  of  orders.  Colonel  Doubleday  threatened 
to  confiscate  his  stock  of  liquor  and  put  him  under  arrest. 
To  avert  the  threatened  danger,  he  determined  to  expiate  his 
offence  by  an  act  of  "  loyalty,"  and  offered  to  show  the 
Colonel  where  he  could  arrest  a  "  Rebel  Captain."  Colonel 
D.  acceded  to  this  offer,  and  in  addition  promised  him  one 
hundred  dollars  for  his  services.  Hence  the  arrest  of  Mr. 
Berry. 

After  leaving  his  brother's  residence,  Mr.  Berry  was 
marched  about  ten  miles  through  mud  and  water,  before 
they  came  to  the  conveyance  mentioned  by  the  Captain. 
This  was  a  miserable  old  vehicle,  venerable  in  appearance, 
and  in  such  a  shattered  condition  from  having  been  upset 
the  night  previous,  that  when  they  came  to  bad  places  in  the 
road,  (and  these  were  not  unfrequent,)  the  occupants  were 
compelled  to  alight  and  walk.  This  was  repeated  so  fre- 
quently that  Mr.  B.  insisted  upon  walking  rather  than  be 
continually  getting  in  and  out  the  dilapidated  coach.  They 
rode  the  last  five  miles  of  the  road  to  Fort  Greble,  opposite 
Alexandria,  in  a  regimental  wagon  without  seats.  The 
wagon  contained  Captain  Tudor,  fourteen  men,  a  surgeon, 
and  the  prisoner.  Mr.  B.  estimates  that  he  walked  twenty 
miles  of  the  distance  between  his  brother's  house  and  the 
Fort. 

"While  on  the  line  of  march,  Mr.  B.  was  graciously  in- 
formed by  Captain  Tudor  that  he  would  be  hung  as  a  spy, 
as  it  was  well  known  to  the  Government  that  he  was  a 
Guerrilla  Captain  in  the  Rebel  Army,  and  had  murdered  a 
number  of  Union  citizens,  that  he  had  the  week  previously 
crossed  the  Potomac  and  stopped  with  his  brother,  that  he 
and  his  brother  had  been  to  Bladensburg  and  taken  the  cars 
thence  to  Baltimore,  where  they  had  purchased  and  shipped 
South  large  supplies  of  medicines  for  the  Confederate  Govern- 
ment. Mr.  B.  listened  to  this  piece  of  information  with 
mingled  feelings  of  disgust  and  surprise,  and  immediately 
contradicted  the  statement  in  toto,  assuring  the  valiant  Cap- 


484 


AMERICAN  BASTILE. 


tain  that  he  had  no  fears  of  being  hung,  but  that  if  proof 
were  needed  to  substantiate  the  charges  he  had  made,  he 
entertained  no  doubt  but  that  a  host  of  Government  spies 
would  be  willing  to  swear  to  them,  regardless  of  the  perjury 
they  would  commit.  After  bluntly  denying  that  he  had 
rendered  either  aid  or  comfort  to  the  enemies  of  the  United 
States  Government,  Mr.  B.  frankly  told  the  Captain  that 
he  was  a  Southern  man,  that  his  sympathies  lay  with  hia 
section,  and  that  the  Government  had  done  him  and 
his  family  enough  injury  to  cause  them  to  despise  it :  they 
had  taken  possession  of  the  old  homestead,  "Metropolis 
View,"  about  a  mile  from  Washington,  and  had  permitted 
the  soldiers  to  wantonly  mutilate  and  destroy  the  dwelling, 
which  was  elegantly  finished  and  furnished;  that  the  soldiers 
had  thrust  their  bayonets  into  the  plastering  on  the  walls 
and  ceiling,  and  had  shot  into  the  ornamental  work.  A 
party  of  them  even  went  so  far  with  their  vandalism,  as  to 
break  into  the  family  vault,  and  desecrate  the  remains  of  the 
dead,  tearing  the  silver-plated  handles  and  screws  from  the 
coflin  which  contained  the  ashes  of  his  father ;  while  the 
coffins  of  his  infant  brother  and  sister  were  broken  open  at 
the  same  time,  and  their  bones  left  lying  on  the  floor  of  the 
vault;  that  when  John  Maguire,an  honest  Irishman,  went  to 
them,  and  with  tears  in  his  eyes  entreated  them  to  desist 
and  respect  the  dead,  and  not  to  desecrate  the  remains  of  the 
family,  as  they  had  been  good  to  him,  he  was  met  by  these 
unfeeling  men  with  jeers  and  laughter,  and  the  remark  that 
they  were  all  rebels,  and  that  they  had  heard  there  was 
jewelry  buried  with  the  dead. 

Captain  Tudor  said  he  could  not  believe  that  such  a  thing 
had  occurred.  Mr.  Berry  told  him  that  a  written  statement 
of  the  facts,  as  he  had  related  them,  had  been  sent  to  Gen- 
eral McClellau,  and  that  all  they  could  learn  of  the  perpetra- 
tors was  that  the  depredations  had  been  committed  by  some 
soldiers  of  a  Pennsylvania  regiment,  commanded  by  a  Colo- 
nel Williams,  who  gave  as  an  excuse  that  he  was  unable  to 
control  his  men. 


THOMAS    W.    BERRY.  485 

Mr-  B.  said  further,  that  the  Government  had  driven  the 
tenant  from  "  Belle  Vue,"  a  farm  belonging  to  his  sister ;  had 
torn  down  the  house  and  built  Fort  Greble  on  its  site ;  that 
they  had  also  cut  fifty  acres  of  valuable  timber  from  his  farm, 
and  used  it  in  the  construction  of  the  forts  on  the  Potomac 
River,  and  had  refused  to  remunerate  him  for  his  loss,  or  pay 
for  the  place,  declaring  the  family  were  all  rebels. 

On  the  arrival  of  the  party  in  camp,  they  were  received 
with  cheers  and  shouts.  Captain  Tudor  was  as  warmly 
greeted  by  his  brother  officers  as  though  he  had  performed 
•  a  valiant  act  in  the  capture  of  one  man.  Mr.  B.  was  placed 
in  the  mess-room,  and  a  guard  put  over  him.  Presently  Cap- 
tain Tudor  came  in  and  offered  to  the  prisoner  an  apology 
for  the  rudeness  he  had  manifested,  in  the  morning,  at  his 
brother's  house,  giving  as  an  excuse  that  he  had  heard  that 
the  people  of  Prince  George  County,  and  especially  the 
Berrys,  of  whom  there  were  quite  a  number,  were  violent 
aecessionists,  and  that  he  had  not  expected  to  make  the  arrest 
without  a  fight,  and  for  that  reason  had  taken  a  surgeon  with 
him. 

At  6  p.m.  he  was  given  a  fair  supper,  and  then  placed  in 
an  ambulance  and  conveyed  under  guard  to  Fort  Carroll, 
about  a  mile  from  Washington.  At  the  Fort  he  was  con- 
fronted with  Colonel  Doubleday ,  who  commanded  the  defences 
east  of  the  city.  The  Colonel  addressed  him  as  "  Captain 
Berry,  of  the'  Rebel  Army,"  but  was  soon  made  aware  of  his 
error  by  the  prisoner's  denial  that  he  had  ever  held  any  posi- 
tion, civil  or  military,  under  the  Confederate  Government. 
The  Colonel  said  that  he  had  been  informed  to  the  contrary, 
and  ordered  him  to  be  conveyed  to  Washington,  where  he 
was  taken  to  the  guard-house,  and  thrust  into  a  room  with 
about  one  hundred  drunken  soldiers,  who  had  been  gathered 
up  by  the  provost  guard  during  the  day.  Observing  that  he 
wore  the  dress  of  a  citizen,  the  soldiers  crowded  around  him, 
anxious  to  know  the  cause  of  his  arrest,  the  most  of  them 
supposing  that  he  had  sold  liquor  to  the  soldiers  surrepti- 
tiously ;  but  when  informed  that  he  had  been  charged  with 


486 


AMERICAN  BASTILE. 


being  a  Rebel  captain,  they  advised  him  to  say  nothing  about 
it  while  there,  as  everything  that  was  said  was  reported  to 
the  authorities.  The  night  passed  wearily  on,  and  mauy 
recollections  of  it  are  too  horrible  to  relate.  The  next  morn- 
ing  he  was  sent  to  the  Old  Capitol  Prison  —  the  abode  of 
many  martyrs  of  tyranny  —  where,  through  the  kindness  of 
Superintendent  ~Wm.  P.  "Wood,  he  was  permitted  to  receive 
clothing,  and  a  daily  supply  of  provisions  from  his  mother 
and  sister,  who  resided  in  the  City  of  Washington. 

During  his  imprisonment  in  the  Old  Capitol,  he  was  at  dif- 
ferent times  an  occupant  of  rooms  10  and  15. 

On  the  12th  of  April,  1862,  he  was  discharged. 

"  I  never  had  been,"  says  Mr.  B.,  "  connected  in  any  way 
with  the  Confederate  Government,  nor  had  I  ever  been  farther 
south  than  Alexandria,  after  the  month  of  April,  1861. 
Therefore,  all  the  charges  against  me  were  false." 

Mr.  Berry  has  since  removed  to  the  city  of  Baltimore, 
where  he  now  resides.  He  is  a  lawyer  by  profession,  and  is 
in  possession  of  a  large  and  growing  practice.  He  is  highly 
•eteemed  for  his  integrity  and  worth. 


REV.  DAVID  R.  McANALLY,  D.D. 


REV.  DAVID  R.  Mc ANALLY,  D.D.,  is  a  native  oi  Earn. 
Tennessee.  He  was  born  in  Granger  County,  February 
17,  1810.  His  parents  were  pioneers  to  that  State,  and  were 
highly  respectable  and  deeply  pious  people.  His  father  was 
a  minister  of  the  Methodist  Church  for  over  forty  years,  and 
died  at  an  advanced  age,  in  1849. 

The  subject  of  this  brief  sketch  had  the  advantage  in  early 
life  of  a  fine  private  school,  and  early  evinced  an  inclination 
for  study  and  the  pursuit  of  letters  ;  graduating  in  the  degree 
of  A.  M.,  at  Emory  and  Henry  College,  Virginia.  He  entered 
the  ministry  at  the  age  of  nineteen,  and  was  ordained  with 
full  powers  of  the  ministry  in  the  year  1881.  He  filled  ap- 
pointments in  Tennessee,  North  Carolina,  Virginia,  and  in 
other  States,  until  1848.  when  he  received  the  appointment  of 
President  of  the  Female  Institute  at  Knoxville,  Tennessee, 
over  which  he  presided  for  eight  years ;  during  which  time 
the  fame  of  the  Institute  drew  pupils  from  all  parts  of  the 
United  States. 

Dr.  McAnally  was  invited  by  the  Conferences  of  the  Metho- 
dist Episcopal  Church,  South,  having  control  of  the  "  St.  Louis 
Christian  Advocate "  and  the  Book  Depository,  located  in 
that  city,  to  the  position  of  editor  and  agent.  He  accepted, 
and  entered  upon  these  duties  in  the  year  1851.  The  large 
circulation  of  the  "Advocate,"  and  the  immense  influence  it 
exerted  wherever  circulated,  attested  the  popularity  of  its 
editor.  !Nor  were  his  labors  confined  to  the  editing  of  this 
paper  and  conducting  the  business  of  the  publishing  house ; 
but  he  preached  as  many  sermons  weekly  to  the  unsupplied 
churches  as  those  who  had  been  assigned  to  regular  minis- 
terial duty ;  and  this,  too,  in  many  instances,  "  without  money 

487 


488 


AMERICAN  BASTILE. 


and  without  price."  His  labors  were  not  restricted  to  the  pul 
pits  of  his  own  denomination,  but  he  supplied  those  of  other 
Christian  Churches ;  in  one  instance  supplying  a  Presbyte- 
rian pulpit  for  several  months,  for  which  service  he  declined 
any  compensation.  Since  1857,  he  has  preached  regularly  at 
a  neat  little  chapel  in  the  city  of  Carondelet,near  which  stands 
his  residence.  INo  minister  was  ever  blessed  with  a  more 
devoted  congregation  than  his.  During  the  whole  period  of 
our  dreadful  civil  war,  not  a  jar  or  discordant  word  was 
heard  among  them.  His  persecutions  and  imprisonment 
endeared  him  all  the  more  to  them.  His  Christian  and 
ministerial  character  was  never  compromised  by  word  or 
deed  while  suffering  the  indignity  of  arrest,  the  insulting 
language  of  petty  tyrants  in  the  persons  of  Provost  Marshals, 
and  during  weeks  of  imprisonment.  He  came  forth  from  the 
prison  as  pure,  if  not  more  pure,  than  he  entered  it.  None,  who 
were  privileged  to  hear  it,  will  ever  forget  his  first  sermon  to 
his  congregation,  the  Sabbath  after  his  release,  xrom  the  text, 
"  I  have  faith  in  God."  Of  all  his  best  and  happiest  efforts 
before  and  since,  none  ever  approached  this  in  genuine  elo- 
quence. The  effect  was  electric  and  almost  overpowering. 
He  was  there  and  then  a  living  illustration  of  the  mighty 
truths  he,  with  so  much  feeling,  uttered. 

On  Sunday,  the  10th  of  May,  1863,  an  officer  came  to 
arrest  him.  In  the  forenoon  he  had  preached  an  interest- 
ing sermon,  and  after  dinner  went  to  his  study  to  prepare  a 
sermon  for  the  evening.  While  thus  engaged,  the  officer 
presented  himself  and  placed  the  Doctor  under  arrest.  A 
piercing  cry  from  his  daughter  was  heard,  when  others  hast- 
ened to  the  library,  where  the  arrest  was  made.  He  calmly 
gathered  his  family  together  in  the  library,  when  he  told  the 
officer  that  he  wished  to  have  prayers  before  separating  from 
them.  The  officer  replied  that  he  had  no  objection.  The 
Doctor  opened  the  Bible  at  the  twenty-third  Psalm,  and  read 
with  much  feeling  and  pathos,  "  The  Lord  is  my  shepherd,  I 
shall  not  want,"  etc.  The  reading  of  the  Psalm  finished,  he 
offered  a  touching  and  appropriate  prayer,  and  then  affec- 


REV.    DAVID    R.    McANALLY,    D.  D. 


489 


tionately  addressed  his  orphan  son  and  daughter.  The 
officer,  callous  though  he  may  have  been,  was  not  an  un- 
moved spectator  of  the  affecting  scene.  To  his  honor  he  it 
recorded,  he  shed  tears  freely.  It  was  generally  supposed 
that  Provost  Marshal  Dick  wished  to  celebrate  the  capture 
of  Camp  Jackson,  and  his  little  soul  could  devise  no  more 
appropriate  mode  than  the  arrest  of  an  humble  servant  of 
Christ  on  the  holy  Sabbath-day,  the  10th  of  May,  1863. 

For  the  twelve  months  previous  to  his  last  arrest,  Di. 
McAnally  had,  by  his  parole  of  honor,  been  confined  to  the 
limits  of  the  county.  He  had  sacredly  kept  his  parole  in 
every  particular.  Confining  his  ministerial  duties  chiefly  to 
his  own  congregation,  administering  to  the  wants  of  the 
needy,  visiting  the  sick,  burying  the  dead,  and  speaking 
words  of  consolation  to  the  bereaved  and  distressed,  no 
man's  walk  could  have  been  more  blameless.  Yet,  his  per- 
secutors were  not  satisfied.  It  could  not  have  been  charged 
that  politics  entered  into  his  sermons  or  his  prayers ;  but  he 
was  not  a  Radical  in  his  politics  nor  in  his  religion,  and  this 
constituted  his  offence. 

The  following  account  is  from  the  pen  of  the  Rev.  Dr 
McAnally : 

"  On  the  21st  day  of  April,  1862, 1  was  arrested  by  order 
of  the  Provost  Marshal  at  St.  Louis,  and  immediately  im- 
prisoned in  what  was  then  called  Myrtle  Street  Military 
Prison.  The  order  for  arrest  and  imprisonment  was  per- 
emptory. !No  reasons  were  given  ;  none  were  asked,  as  arbi- 
trary arrests  were  matters  of  every-day  occurrence ;  and,  in 
most  cases,  if  reasons  were  asked,  none  were  given. 

"  From  the  first  hour  of  my  imprisonment,  I  calmly,  but 
firmly,  determined  that,  with  a  perfect  consciousness  of  the 
purity  of  my  motives  and  the  rectitude  of  my  conduct,  I  had 
violated  no  law,  either  civil  or  military ;  that,  in  my  heart, 
and  in  my  conduct  and  conversation,  I  had  been  true  to  the 
real  interest  of  my  country ;  I  would  take  no  oath,  give  no 
bond,  nor  ask  any  favors,  either  directly  or  indirectly.  Nor 
did  I  do  any  of  these  things  from  the  first  to  the  last.  I 


490 


AMERICAN  BASTILE. 


never  asked  why  I  had  been  arrested  ;  what  were  the  charges ; 
what  the  military  intended  to  do,  or  what  they  wanted  ine 
to  do.  I  knew  there  were  no  grounds  for  any  charge  what- 
ever ;  that  the  whole  proceeding,  in  regard  to  myself  and 
others,  was  a  low,  cowardly  eflbrt  to  intimidate  and  humiliate 
men  who  formed  their  own  opinions,  preserved  their  own 
self-respect,  and  refused  to  be  swayed  to  and  fro  by  the  in- 
iiuence  or  mere  dictation  of  blind  passions.  So  that,  without 
anything  like  stubbornness,  and  in  the  entire  absence,  I  trust, 
of  all  unchristian  or  ungentlemanly  feeling,  I  resolved  to 
make  no  concessions — having  none  to  make  —  ask  no  favors, 
or  do  anything  else  that  could  be  construed,  either  directly 
or  indirectly,  into  an  acknowledgment,  on  my  part,  of  the 
right  of  the  military  to  institute  and  carry  out  such  pro- 
ceedings. 

"  Besides,  I  was  satisfied  that  it  was  not  against  me,  per- 
sonally, so  much  as  against  me  as  the  representative  of  a 
Christian  denomination  —  the  Methodist  Episcopal  Church, 
South  —  that  this  warfare  was  to  be  waged.  Many  of  the 
ministers  of  the  same  denomination  had  even  then  been 
driven  from  their  flocks  and  from  the  State.  Others  had 
seen  the  storm  coming  and  had  left,  while  many  more  had 
been  arrested  and  put  under  heavy  bonds  by  Provost  Mar- 
shals in  different  parts  of  the  State  ;  and  then,  or  soon  after, 
some  six  or  eight  had  been  shot  down  as  if  they  had  been 
ferocious  beasts.  Some  of  those  arrested  had  been  told  by 
military  commanders  that  the  fact  of  their  being  ministers 
of  the  Methodist  Church,  South,  was  '  enough  to  hang 
them  ; '  and  many  of  our  members  were  put  under  bonds  or 
sent  to  prisons  for  no  other  ostensible  reason  than  that  they 
had  subscribed,  paid  for,  and  read  the  4  St.  Louis  Christian 
Advocate,'  an  official  organ  of  the  Methodist  Episcopal 
Church,  South;  then,  and  for  ten  years  previously,  undei 
my  editorial  management.  I  was  not  a  blatant  Abolitionist, 
and  had  thrown  some  serious  obstacles  in  the  way  of  Ecclesi- 
astical Radicalism ;  hence,  the  determination  to  be  rid  of 
both  the  paper  and  its  editor. 


REV.    DAVID    R.    McANALLY,    D.  D.  49] 

M  At  various  times,  during  more  than  three  months  pre?ioua 
to  the  arrest,  I  had  been  warned  of  my  danger,  because  of 
the  religious,  rather  than  the  political  opposition  to  me ;  and 
some  of  my  friends  advised  me  to  leave ;  which  I  could  have 
done  on  any  day  previous  to  the  arrest. 

"  On  Sunday,  the  13th  of  April,  there  was  a  consultatioi 
among  1  the  faithful,'  as  to  what  course  had  best  be  pur 
sued  in  reference  to  the  4  St.  Louis  Christian  Advocate,'  and 
its  editor.    At  this  consultation,  it  was  proposed, 

"  1st.  To  incite  the  soldiers,  and  let  them  tear  down  the 
building,  and  demolish  the  office  of  publication.  But  that 
proposition  was  rejected,  because  it  was  thought  the  influence 
on  the  minds  of  the  people  of  the  State  would  be  bad  ;  that 
it  would  be  going  further  than  would  be  safe  to  their  own 
cause. 

"  2d.  It  was  then  proposed  and  agreed  to,  that  an  indict- 
ment for  conspiracy  against  the  Government  of  the  United 
States  should  be  drawn  up  for  the  action  of  the  grand  jury 
of  the  United  States  District  Court,  which  was  to  sit  next 
day.  And  in  the  event  of  the  jury  failing  to  find  a  true  bill, 
then  I  must  be  summarily  and  arbitrarily  arrested  by  ordei 
of  the  Provost  Marshal,  and  sent  to  prison,  and  the  paper 
suppressed. 

"Accordingly,  next  day,  Monday,  the  14th,  the  Court  met, 
and  the  grand  jury  was  empanelled.  Soon  after,  a  bill  was 
presented  to  them.  Diligent  inquiry  was  made;  witnesses 
were  summoned  and  carefully  examined.  Day  after  day  the 
matter  dragged  on,  until  finally,  on  Saturday,  the  19th,  the 
jury,  having  completed  their  work,  was  discharged,  and  no 
action  was  taken  to  suppress  the  '  Advocate,'  or  presentment 
raa<?e  against  its  editor.  Partisans  as  they  were,  and  corrupt 
as  1  know  some  of  them  to  have  been,  they  would  not  say, 
on  their  oaths,  that  a  true  bill  for  conspiracy  could  be  found. 

"  Hence,  in  accordance  with  the  programme  previously  pre- 
pared, on  Monday  following  the  paper  was  arbitrarily  sup- 
pressed,  and  I  was  arrested  and  imprisoned  by  order  of  the 
Provost  Marshal,  as  already  stated. 


492 


AMERICAN  BASTILE. 


"  The  Marshal  was  one  Captain  Leighton,  a  man  whose  in- 
tellectual, moral,  and  social  qualities,  and  whose  early  life 
and  associations  seem  to  have  eminently  qualified  him  for  the 
work  he  was  called  on  to  perform. 

"  The  keeper  of  the  prison  placed  me  in  a  room  twelve  or 
fifteen  feet  square,  with  ten  other  prisoners,  all  of  whom  were 
genteel,  worthy  men,  and  some  of  them  highly  intellectual 
and  cultivated.  They  uniformly  and  invariably  treated  me 
with  respect  and  kindness,  and  really  seemed  to  vie  with  each 
other  in  manifestations  of  kindly  feeling. 

"  In  the  same  prison,  in  different  parts,  there  were,  per- 
haps, from  an  hundred  to  an  hundred  and  fifty  persons ;  a 
few  of  whom  had  been  regularly  in  the  Confederate  service, 
and  captured ;  others  had  been  in  the  Federal  service,  and 
were  then  in  prison  for  crime;  while  the  great  majority  were 
citizens  from  different  parts  of  the  State,  arrested  on  mere 
suspicion,  and  in  some  cases  had  been  imprisoned  for  weeks 
and  months,  with  only  the  scant  clothing  they  happened  to 
have  on  when  arrested.  Some  fifty  or  sixty  such  as  these 
were  in  a  miserable  condition.  But  under  the  rags  and  dirt 
there  were  some  as  noble  hearts  as  ever  throbbed.  These,  too, 
after  I  had  been  but  a  few  days  in  prison,  treated  me  with 
respect  and  kindness.  Nor  did  any  of  the  officers  of  the 
prison  ever  use  toward  me  a  disrespectful  or  an  unkind  word. 
I  endeavored  to  deport  myself  in  a  dignified,  respectful,  gen- 
tlemanly, and  Christian  manner,  and  was  everywhere  met 
with  a  corresponding  course. 

"  It  was  my  understanding,  at  the  time,  that  the  keeper  of 
the  prison  was  allowed  a  per  diem  for  feeding  the  prisoners ; 
but  whether  that  were  so  or  not,  he  evidently  drew  rations 
for  all,  but  allowed  some  twelve  or  fifteen  to  have  their  meals 
Bent  regularly  from  the  Virginia  Hotel,  and  I  verily  believe 
the  hotel-keeper  sent  '  the  very  best  his  house  could  afford.' 
My  meals  were  regularly  sent  three  times  each  day  by  an 
estimable  family  living  close  by. 

"  If  any  be  curious  to  know  how  my  time  was  occupied, 
they  may  learn  from  the  following  memoranda  made  at  the 


REV.    DAVID    R.    Mci  NALLY,    D.  D. 


493 


time,  on  some  fly-leaves  of  a  Bible  I  used,  and  which  is  nov? 
before  me: 

"  April  21, 1862.  Imprisoned  at  7  o'clock  p.m. 
"  22d.  Read  from  the  90th  Psalm  to  the  close  of  the  Psalms 
"  23d.  Read  Proverbs,  Ecclesiastes,  Song  of  Solomon,  and 
Isaiah. 

"  24th.  Read  Jeremiah  and  Ezekicl  to  chapter  xx. 

"  25th.  Read  balance  of  Ezekiel,  the  Book  of  Daniel,  and 
wrote  outlines  of  two  sermons. 

"26th.  Read  the  twelve  Minor  Prophets,  and  wrote 
sketches  of  two  sermons. 

"  27th.  Read  the  four  Gospels. 

"  28th.  Read  Acts  of  the  Apostles,  thirteen  Epistles,  and 
wrote  two  sketches. 

"  29th.  Read  from  first  of  Hebrews  to  end  of  Revelation ; 
also  the  Book  of  Genesis,  and  wrote  two  sketches. 

"  30th.  Read  Exodus  and  wrote  two  sketches,  (was  sick.) 

"  May  1st.  Read  Leviticus  and  Numbers,  and  wrote  two 
sketches. 

"  2d.  Read  Deuteronomy,  Joshua,  Judges,  and  Ruth,  and 
wrote  two  sketches. 

"  3d.  Read  First  and  Second  Samuel,  and  wrote  one  sketch, 
(was  sick.) 

"4th.  Read  First  and  Second  Kings,  and  wrote  three 
sketches. 

"  5th.  Read  First  and  Second  Chronicles,  and  wrote  two 
sketches. 

"  6th.  Read  Ezra,  Kehemiah,  Esther,  and  part  of  Job,  and 
wrote  two  sketches. 

"  7th.  Read  the  rest  of  Job,  and  the  Book  of  Psalms.  This 
puts  me  through  the  Bible  in  sixteen  days ;  and  also  wrote 
in  all  twenty-four  sketches  of  sermons  —  two  to-day. 

"  8th.  Read  Proverbs,  Ecclesiastes,  Song  of  Solomon,  and 
wrote  part  of  a  sermon  in  extenso. 

"  9th.  Read  Isaiah,  and  finished  the  sermon. 

"  10th.  Read  Jeremiah,  Lamentations,  and  part  of  Ezekiel, 
and  wrote  letters. 


494 


AMERICAN    B  A  STILE. 


"llth.  Read  the  rest  of  Ezekiel,  Daniel,  and  the  twelve 
Minor  Prophets. 

"  12th.  Read  Matthew,  Mark,  and  Luke,  and  wrote  part 
of  a  sermon  and  some  long  letters. 

"  13th.  Read  John,  Acts,  and  Romans,  and  wrote  six  or 
eight  pages  of  a  sermon  in  extenso. 

"  14th.  Read  First  and  Second  Corinthians,  Galatians, 
Ephesians,  Philippians,  Colossians,  Thessalonians ,  (First  and 
Second,)  First  and  Second  Timothy,  Titus,  Philemon,  and 
wrote  nine  pages  of  a  sermon. 

"loth.  Read  from  first  of  Hebrews  to  end  of  Revelation, 
and  wrote  eleven  pages  on  sermon. 

"16th.  Read  Book  of  Genesis,  and  wrote  on  second  sermon 
for  the  week. 

"  17th.  Read  Exodus,  Leviticus,  part  of  Numbers,  finished 
aecond  sermon  (in  extenso)  for  the  week,  and  wrote  four  long 
letters. 

"  18th.  Read  remainder  of  Numbers,  Deuteronomy,  Joshua, 
Ruth,  and  J udges. 

"  19th.  Read  First  and  Second  Samuel,  and  wrote  three 
long  letters. 

"  20th.  Read  First  and  Second  Kings ;  and  at  two  o'clock 
the  officer  of  the  prison  was  directed  to  release  me  on  my 
verbal  parole,  to  report  forthwith  at  the  office  of  the  Provost 
Marshal,  which  I  did,  and  was  then  informed  that  charges 
and  specifications  had  been  drawn  up,  to  which  I  would  be 
required  to  answer  before  a  Military  Commission  on  the  23d 
and  on  my  verbal  parole  I  was  released  until  that  time. 

"  23d.  Reported  accordingly,  when  the  parole  was  extended 
fo  Monday,  the  26th. 

"  On  Monday,  the  26th  of  May,  I  appeared  before  what 
was  called  a  Military  Commission,  composed  of  Colonel  Mer 
rill,  Major  Shaw,  and  Captain  Howard,  the  latter  of  whom 
acted  as  Judge  Advocate. 

"  These  were  all  of  the  volunteer  service,  and,  except  the 
Colonel,  were,  perhaps,  in  the  service  more  in  name  than  in 
reality.    The  charge  I  was  required  to  answer  was  that  of 


REV.    DAVID    R.    McANALLY,    D.  D.  495 

having  violated  '  the  articles  of  war,'  by  the  publication  of 
sundry  specified  articles  in  the 4  St.  Louis  Christian  Advocate.' 
£t  was  a  little  remarkable  that  a  number  of  the  articles  com- 
plained of  had  been  copied  from  'Blackwood's  Magazine/ 
which  publication  had  been  freely  circulated  in  the  city  for 
from  one  to  three  weeks  before  I  made  the  extracts. 

"I  objected  in  form  to  being  tried  by  that  tribunal,  alleging 
that  if  I  had  committed  an  offence  at  all,  it  was  an  offence 
against  civil,  and  not  military  law ;  and  claimed,  as  a  citizen 
and  civilian,  to  be  tried  by  civil  law. 

"  I  further  objected  on  the  grounds  that  many,  if  not  all  the 
articles  complained  of,  had  been  published  before  the  procla- 
mation of  martial  law  in  St.  Louis ;  and  as  no  war  had  been 
formally  declared,  I  could  not,  under  the  circumstances,  be 
justly  tried  by  the  articles  of  war. 

"  Several  other  exceptions  were  regularly  filed,  but  all  were 
overruled,  as,  indeed,  I  supposed  they  would  be,  and  I  only 
entered  them  to  make  a  fair  and  full  record. 

"  The  trial  proceeded.  The  Judge  Advocate  threw  on  the 
table  a  number  of  copies  of  the  '  Advocate/  with  certain  arti- 
cles therein  marked,  but  did  not  read  them  openly;  and  if 
either  he  or  the  other  members  of  the  '  Commission '  ever 
read  them,  the  fact  was  and  is  unknown  to  me.  The  "fiscal 
agent  of  the  publishing  house  where  the  '  Advocate '  was  is- 
sued, was  examined  at  great  length,  and  with  great  care; 
and  to  all  questions  asked,  he  gave  distinct,  prompt,  and 
truthful  answers.    This  ended  the  first  day's  proceedings. 

"  On  the  second  day,  a  number  of  gentlemen  were  introduced 
—some  who  were  well  known  to  be  among  the  most  'loyal' 
of  the  'loyal,'  and  others  who  were  suspected  of  having 
4  Southern  sympathies,'  when  my  manner  of  life,  in  public 
and  private,  my  manner  of  preaching,  and  the  character  and 
tone  of  my  public  prayers,  were  all  diligently  inquired  mto ; 
but  no  one  was  found  who,  on  his  oath,  would  say  that  he 
ever  saw  or  heard  me  do  or  say  aught  that  was  inconsistent 
with  the  character  of  a  peaceful,  law-abiding  citizen,  and 
Christian  minister. 


496 


AMERICAN  BASTILE. 


"  I  continued  to  introduce  witnesses  on  these  points  until 
the  Court  expressed  their  entire  satisfaction. 

"  It  was  then  ordered  that  any  defence  I  might  choose  to 
make  should  he  prepared  and  presented  to  the  Court  on  the 
next  day.  Accordingly,  at  the  opening  of  the  Court  on  the 
third  day,  I  read  a  short  paper,  setting  forth  the  grounds  on 
which  I  thought  I  was  entitled  to  be  released  from  the  prose 
cution. 

"  This  closed  the  trial.  I  was  then  remanded  to  the  care 
of  the  Provost  Marshal,  who,  on  my  pledge  *  not  to  give  aid 
and  comfort  to  the  enemies  of  the  United  States,  nor  to  leave 
the  county  of  St.  Louis,  and  to  report  myself  at  that  office 
whenever  required/  I  was  allowed  to  go.  This  parole  was 
kept  hanging  over  me  until  the  19th  day  of  November, 
If  35  —  three  years  and  six  months  from  the  time  of  the  trial. 
The  decision  of  the  Court  by  which  I  was  tried  I  have  never 
had,  nor  ever  known  to  this  good  hour  !  !  Never, 

"  I  kept  the  parole  faithfully,  because  it  was  a  parole  of 
honor.  I  suffered  many  inconveniences  and  discomforts  be 
cause  of  it,  but  still  kept  it,  and  did  so  uncomplainingly. 

"  On  Sunday,  the  10th  of  May,  1863,  while  preparing  for 
the  evening  services  of  the  church,  I  was  again  arrested ; 
this  time,  by  order  of  Provost  Marshal  Dick.  The  arrest 
was  made  at  my  own  house.  After  gathering  a  bundle  of 
clothes,  and  having  prayers  with  my  motherless  children, 
commending  them  to  'Him  that  judgeth  righteously,'  I 
accompanied  the  officer,  and  was  by  him  delivered  to  the 
Keeper  of  the  Gratiot  Street  Military  Prison. 

"  Here  there  was  a  great  number  of  persons,  many  pris- 
oners of  war,  and  many  citizens  from  different  parts  of  the 
S+ate,  some  of  whom  had  been  long  confined ;  and  there  were 
many  others,  residents  in  the  city,  who  had  but  a  little  while 
before  been  brought  in. 

"  On  the  next  day,  Monday,  the  11th,  quite  a  number  of 
us  were  notified  that  we  would  be  sent  South,  beyond  the 
Federal  lines,  and  would  be  started  at  twelve  o'clock,  on 


REV.    DAVID    E.    McANALLY,    D.  D.  497 


Wednesday,  the  13th.  We  accordingly  made  what  prepara- 
tion we  could. 

"  I  was  informed  that  I  would  he  allowed  to  carry  a  limited 
amount  of  clothing,  and  two  hundred  dollars  in  money.  The 
clothing  I  had.  The  money  I  had  not.  I  had  but  a  very 
few  dollars  in  the  world,  and  was  leaving  my  children  not  only 
motherless,  but  penniless.  Some  friends  outside  the  prison 
learned  my  condition,  and  the  two  hundred  dollars  were 
quickly  furnished.  One-half  of  the  sum  was  sent  by  a  high- 
toned  gentleman,  who  was  then  serving  as  a  Colonel  in  the 
Federal  service  —  a  man  whose  every  sense  of  honor  was  out- 
raged by  the  proceedings  against  me.  Had  the  sum  been 
needed,  I  believe  two  thousand  or  ten  thousand  dollars  would 
have  been  furnished  me. 

"  On  Wednesday,  the  13th,  those  of  us  who  had  been 
ordered  into  banishment  were  paraded  and  marched,  between 
two  files  of  soldiers,  through  some  of  the  principal  streets  of 
the  city,  to  the  steamer  which  was  to  bear  us  South.  The 
whole  number  of  prisoners  on  the  boat  was,  perhaps,  an  hun- 
dred or  more,  including  men,  women,  and  children. 

"Just  before  the  boat  left  the  landing,  an  order  came  coun- 
termanding the  order  of  my  banishment,  and  directing  that 
I  should  be  sent  to  the  office  of  the  Provost  Marshal.  This 
was  done ;  and  the  other  prisoners  were  sent  South.  At  the 
Marshal's  office,  I  was  directed  to  report  there  in  person  at 
eleven  o'clock,  the  next  day,  and  in  the  mean  time  I  might 
do  anything  not  inconsistent  with  the  parole  I  had  given  a 
year  before. 

"  At  the  appointed  hour  next  day,  I  reported  myself  at  the 
office  of  the  Provost  Marshal,  Colonel  Dick.  He  expressed 
a  desire  for  a  long  conversation,  and  commenced  in  a  sort  :i 
apologetic  way,  by  stating  how  much  pleasure  it  gave  him  t  > 
rectify  any  mistake  he  might  make,  or  undo  any  wrong  he 
might  happen  to  commit ;  and,  as  he  had  been  led  into  a  mis- 
take in  regard  to  my  arrest  and  order  of  banishment,  he  had 
much  pleasure  in  countermanding  the  order,  etc. 

"  The  conversation  was  protracted,  and  very  plain.  The 

32 


498 


AM  ERICA  X  BASTILE. 


Colonel  was  reminded  that  the  old  ideas  regarding  civil  rights, 
civil  law,  personal  liberty,  etc.,  were  not  entirely  obsolete; 
and  that  it  might  be  well  for  persons  temporarily  in  authority 
I  j  remember  that  orders  for  the  arrest,  imprisonment,  and 
banishment  of  persons,  and  the  confiscation  or  destruction 
of  property,  ought  to  be  based  on  something  else  than  suspi- 
cion or  vague  rumor. 

"  Finally,  the  conversation  was  ended  by  the  Colonel  sud- 
denly remembering  that  he  had  some  important  business  just 
then,  and  requesting  me  to  call  the  next  day,  that  the  inter- 
view might  be  renewed.  I  did  call  the  next  day,  and  the 
next,  and  the  next,  for  many  days,  but,  from  the  day  of  that 
interview  to  the  present,  never  found  the  Colonel  at  leisure, 
Soon  after  that  he  was  relieved  of  his  position  and  duties  as 
Provost  Marshal,  and  not  a  great  while  afterward,  no  doubt 
for  good  and  sufficient  reasons,  he  left  the  city  and  State. 

u  The  Colonel  gave  no  reasons  for  my  arrest,  nor  was  he 
asked  for  any.  Perhaps  he  was  not  aware  that  I  had  learned 
that  his  order  for  my  arrest  had  been  issued  at  the  instance 
of  a  couple  of  ignorant  and  bigoted  old  women  connected 
with  the  '  Loyal  League,'  and  who  had  been  instigated  by 
two  men,  who,  for  private  reasons,  desired  that  I  might  be 
banished. 

"  These  two  men  have  since  fully  developed  the  very  unen- 
viable character  which  I  then  knew  they  possessed.  And, 
perhaps,  he  was  not  aware,  second,  that  I  had  learned  that 
his  order  countermanding  the  order  for  banishment  had  been 
issued  on  the  peremptory  command  of  the  General  (Curtis) 
then  in  command.  Or,  third,  that  General  Curtis  had  acted 
on  the  representation  of  at  least  two  of  his  own  Colonels, 
who  had  assured  him,  first,  that  the  order  was  in  itself 
wrong,  unjust,  and  an  outrage  ;  and,  second,  that  to  let  it  bo 
carried  out  would  do  great  harm  to  the  Union  cause.  One 
of  them  told  the  General  that  the  very  fact  of  my  being  in 
the  South,  under  the  circumstances  then  existing,  would  do 
as  much  harm  to  their  cause  as  could  be  done  by  a  thousand 
armed  men.  and  added :  ;  1  do  not  know  what  he  may  do  in 


REV.    DAVID    R.    McANALLY,    D.  D.  499 

the  South  ;  but  I  do  know  that,  if  he  exert  himself  as  I  know 
him  capable  of  doing,  you  might  as  well  send  five  thousand 
armed  men  to  help  the  Rebels  as  to  send  him.  However 
peaceably  disposed  he  may  be  now,  we  cannot  expect  him  to 
continue  so,  if  this  outrage  is  carried  on.' 

"  Perhaps  the  Colonel  was  not  aware  I  had  learned  all  this 
and  much  more.  Still,  he  may  have  thought  of  it,  when  he 
asked  me  what  I  would  do  if  sent  South  ?  and  in  reply,  1 
©imply  answered, 4  You  may  rely  upon  it,  sir,  I  will  eat  no 
idle  bread.' 

"  In  all  this  time,  I  allude  only  to  the  arrests  which  were 
followed  by  actual  imprisonment,  saying  nothing  of  an  arrest 
made  in  September,  1861 ;  made  not  on  a  charge  of  anything 
having  been  done,  but  on  suspicion  that  something  4  might 
be  done.9 

"  I  was  quite  ill  at  the  time,  but  was  taken  in  my  office, 
carried  before  the  Provost  Marshal,  where,  defenceless  and 
surrounded  by  armed  men,  I  was  coarsely  harangued  and 
vilified,  abused  and  lectured  as  to  my  editorial  and  minis- 
terial duties,  during  a  half-hour  or  more,  which  was,  at 
length,  terminated  by  my  plainly  informing  the  Marshal  that 
as  I  was  in  their  power,  the  military  could  do  with  me  as 
they  chose ;  that  they  had  the  power  and  could  suppress  my 
paper  when  they  pleased ;  but  until  it  was  suppressed,  it 
should  contain  just  what  I  might  think  proper  to  put  in  it, 
neither  more  nor  less.  The  Provost  Marshal  was  one  John 
McNeil,  of  Palmyra  prisoners'  notorietv. 

"  Nor  have  I  alluded  to  the  fact  that,  in  July,  1861,  a  mob 
of  the  1  Home  Guards,'  so  called,  threatened  to  destroy  my 
dwelling-house  and  church,  because  I  had  publicly  baptized 
a  child,  whose  parents  chose  to  call  it  Harry  Beauregard; 
which  mob  desisted  from  their  purpose  only  a  few  short 
hours  before  that  purpose  was  to  have  been  accomplished  ; 
and  not  then,  until  after  one  of  their  principal  men  had  beea 
told  there  were  not  less  than  thirty  or  forty  men  who  would, 
at  the  risk  of  their  lives,  hold  him  personally  responsible  for 
all  harm  that  might  befall  me  from  the  mob. 


500 


AMERICAN  BASTILE. 


"  Nor  yet  have  I  alluded  to  the  fact  that,  in  July,  1861,  a 
company  of  armed  meu,  forty-four  in  number,  wearing  the 
uniform  of  United  States  soldiers,  and  acting  professedly 
under  orders  from  headquarters,  surrounded  my  house,  aud 
ransacked  it  from  cellar  to  garret.  What  they  expected  to 
find,  or  were  looking  for,  I  never  asked,  I  never  knew.  Nor 
to  the  ransacking  of  my  editorial  office ;  the  destruction  of 
my  private  papers,  etc.,  etc.,  which  was  done  in  April,  1862, 
when  I  was  absent ;  nor  to  the  almost  numberless  unlawful 
and  unjust  indignities,  disabilities,  etc.,  that  were  put  upon 
me  during  the  three  years  and  more  that  I  was  a  prisoner. 
Nor  yet  have  I  alluded  to  the  horrible  outrages,  cruelties, 
and  barbarities  which  I  saw  practised  on  helpless  prisoners, 
and  for  no  reason  whatever.  All  this  I  pass  by.  If  an  ac- 
count of  them  be  given,  let  it  be  given  by  others." 


OBMQND  BARRETT,  THOMAS  C.  MacDOWELL,  J. 
MONTGOMERY  FOSTER,  and  M.  J.  JOXES. 


N  the  6th  of  August,  1862,  at  about  4  o'clock  a.m.,  Pro. 


vost  Marshal  Lafayette  C.  Baker,  of  "Washington  City, 
D.  C,  accompanied  by  Captain  I.  Dodge,  (then  acting  as  mus- 
tering officer  and  Provost  Marshal  at  Harrisburg,  Pennsyl- 
vania,) the  Chief  of  Police  of  that  city,  and  a  file  of  United 
Stares  soldiers,  arrested  Messrs.  Ormond  Barrett  and  Thomas 
C.  MacDowell,  Editors  and  Proprietors  of  the  u  Patriot  and 
Union,"  a  Democratic  daily  and  weekly  newspaper,  pub- 
lished at  Harrisburg,  Pennsylvania,  together  with  J.  Mont- 
gomery Foster,  Assistant  Editor,  and  M.  J.  Jones,  Local  Editor 
of  the  said  paper.  The  arrest  of  the  above-named  gentlemen 
was  mide  at  their  respective  homes,  within  a  few  minutes  of 
each  other.  Colonel  MacDo well's  residence  was  first  visited, 
and  his  arrest  first  made.  When  the  object  of  their  visit 
was  ma  \e  known  to  the  Colonel  by  the  Provost  Marshal, 
which  was  done  from  the  steps  of  his  dwelling,  where  Baker 
stood  dressed  in  the  full  uniform  of  a  Captain  of  Infantry, 
the  door  was  opened  and  Colonel  MacDowell  asked  the  mean- 
ing of  the  presence  of  armed  men,  who  were  surrounding  his 
premises. 

Both  Baker  and  Dodge  announced  their  desire  to  see  Colo 
nel  MacDowell,  and  requested  to  be  admitted  to  the  house. 
The  Colonel  answered  that  Captains  Baker  and  Dodge,  and 
the  Chief  of  Police  might  enter,  but  none  of  the  armed  guard 
then  present.  This  was  assented  to,  and  Baker,  Dodge,  and 
Chief  of  Police  B.  Campbell  stepped  into  the  parlor,  where 
the  following  dialogue  ensued : 

Colonel  MicDowell.  "What  is  your  business  with  me, 
gentlemen  ? " 


601 


D02 


AMERICAN  BASTILE. 


Captain  Bake*.    "  I  am  ordered  to  arrest  you,  sir." 
Col.  MacD.    "  Have  you  authority,  in  writing,  to  make 
n;y  arrest?" 

Capt.  B.    «  I  have." 

Col.  MacD.  "  Will  you  he  kind  enough  to  show  me  the 
authority?" 

Baker  drew  from  his  breast- pocket  a  paper  and  handed  it 
to  the  Colonel,  which  purported  to  he  an  order  from  General 
H."W.  Halleck,  General-in-Chief,  commanding  Baker  to  pro- 
ceed to  Harrisburg,  Pennsylvania,  and  arrest  Messrs.  0.  Bar- 
rett, Thomas  C.  MacDowell,  J.  Montgomery  Foster,  and  M.  J. 
Jones,  Editors  and  Proprietors  of  the  "  Patriot  and  Union" 
newspaper,  and  convey  them  to  Washington  City,  to  he  tried 
by  a  Military  Commission,  for  publishing  a  certain  handbill 
discouraging  enlistments,  and  that  he  (the  Provost  Marshal) 
"  shall  seize  the  presses,  type,  fixtures,  and  all  the  property 
found  in  the  4  Patriot  and  Union '  printing  establishment, 
and  turn  the  same  over  to  the  United  States  Quartermaster 
at  Harrisburg,  Pennsylvania,  who  shall  forward  the  same  to 
Washington  City."  (For  some  reason,  the  confiscation  por 
tion  of  the  order  was  never  executed.) 

Colonel  MacDowell  then  asked  permission  to  put  up  a  few 
articles  of  clothing,  and  also  to  inform  his  family  of  the 
necessity  of  his  absence.  An  hour  was  readily  granted  for  this 
purpose,  and  on  promise  of  Colonel  MacDowell  that  he  would 
report  himself  at  the  Mayor's  office  at  the  expiration  of  the 
allotted  time,  (5  o'clock  a.m.,)  the  Marshal  and  his  posse  left 
his  premises.  About  5  o'clock  a.m.,  Messrs.  Barrett,  Mac- 
Dowell, Foster,  and  Jones  were  at  the  Mayor's  office,  and  at 
about  six  o'clock  they  were  marched  off  by  the  Provost  Mar- 
shal and  a  file  of  soldiers,  with  muskets  and  fixed  bayonets, 
to  the  depot  of  the  Pennsylvania  Central  Railroad,  and  put 
on  the  cars,  with  the  Marshal  and  a  guard  of  soldiers  as  close 
attendants. 

On  arriving  at  the  cars,  they  found,  for  the  first  time,  Brig- 
adier-General James  Wadsworth,  then  acting  Military  Gov- 
ernor of  the  District  of  Columbia,  who,  as  they  were  in  • 


ORMOND    BARRETT    AND    OTHERS.  503 


formed,  had  come  to  Harrisburg  to  superintend  their  arrest, 
but  who  had  taken  care  to  be  neither  seen  nor  known  by  any 
one  until  after  the  arrests  were  made,  and  the  prisoners  seated 
in  the  cars.  General  Wadsworth  was  in  the  full  uniform  of 
a  Brigadier-General  of  the  United  States  Army,  without 
side-arms.  Arriving  at  Washington,  General  Wadsworth 
ordered  the  prisoners  to  be  lodged  in  the  Old  Capitol  Prison, 
by  the  Marshal,  who  still  had  them  in  charge.  They  were 
marched  thither  and  handed  over  to  the  Superintendent,  Wil- 
liam P.Wood,  who,  after  carefully  examining  their  baggage 
and  persons,  assigned  them  room  No.  10,  where  they  were 
kept,  as  the  other  prisoners  were  in  that  place,  until  the  23d 
of  August,  1862,  when  they  were  liberated,  after  undergoing 
the  consummate  farce  of  an  examination  by  Judge  Advocate 
L.  C.  Turner,  in  the  presence  of  General  Wadsworth. 

When  brought  before  the  Judge  Advocate,  they  demanded 
the  affidavit  upon  which  they  had  been  arrested,  the  name  or 
names  of  their  accuser  or  accusers,  and  the  specific  charges 
that  justified  the  great  outrage  that  had  been  perpetrated  in 
their  arrest  and  incarceration  ;  but,  strange  to  tell,  both  the 
Judge  Advocate  and  General  Wadsworth  had  to  acknowl- 
edge that  there  was  no  written  specific  charge,  no  accuser  or 
accusers ;  and,  after  taking  their  respective  statements  under 
oath,  in  which  they  severally  stated  their  unconsciousness  of 
having  committed  any  crime  or  offence  against  the  Govern- 
ment, the  Constitution,  or  the  laws  of  the  land,  they  were 
told  they  were  at  liberty  to  go  whithersoever  they  pleased. 
They  left  Washington  on  the  following  morning,  the  24th 
of  August,  1862,  and  arrived  at  their  homes  in  Harrisburg, 
the  same  evening,  after  ar  imprisonment  of  eighteen  days. 


PHILIP  HILBISH. 


MR.  PHILIP  HILBISH  is  a  native  of  Pennsylvania,  and 
was  born  in  1813.  In  early  life,  with  commendable  am 
bition,  he  determined  to  acquire  an  education.  By  his  own 
industry,  he  fitted  himself  for,  and  graduated  at  college,  with 
the  highest  honors. 

His  first  enterprise,  subsequently,  was  to  enter  into  partner- 
ship with  a  friend  in  the  mercantile  business,  in  which  he 
continued  six  years.  At  the  expiration  of  that  time,  he  had 
accumulated  enough  money,  from  an  original  investment  of 
fifteen  hundred  dollars,  to  commence  business  on  his  own 
account.  He  removed,  in  1845,  to  McKee's  Half  Falls,  about 
twelve  miles  distant  from  Liverpool,  Perry  County,  and 
rented  a  store  and  hotel.  His  busiuess  proved  eminently 
successful,  from  strict  attention,  so  that,  in  the  third  year,  he 
bought  the  property  he  had  rented,  for  twelve  thousand  dol- 
lars, for  which  he  has  since  been  offered  forty-five  thousand 
dollars. 

Continued  success  enabled  him  to  purchase  the  valuable 
property  of  Dr.  A.  S.  Cummings,  at  Selin's  Grove,  Snyder 
County,  where  he  now  resides,  respected  for  hi3  energy  and 
perseverance,  and  beloved  for  his  upright  and  manly  charac- 
ter, and  practical  benevolence.  He  was  invited  by  his  Re- 
publican neighbors  to  call  a  mass  meeting,  and  urge  upon 
the  people  the  duty  of  enlisting  in  the  army  to  suppress  the 
rebellion.  He  firmly  but  courteously  declined,  adding  "  that 
he  had  no  objection  to  any  person  enlisting  in  the  service 
who  desired  to  do  so,  but  that  he  would  urge  it  upon  no  one.' 
His  two  sons  subsequently  joined  the  army,  and  were  houor- 
ably  discharged.  The  one  served  over  two  years,  and  the 
other  four  vears  and  two  months. 

504 


PHILIP    HILBISH.  505 

Od  tlie  27th  of  July,  1863,  Mr.  Ililbish  was  standing  in 
front  of  his  hotel,  in  Middleburg,  con  versing  with  a  friend 
when  he  was  arrested  by  Captain  Cox  and  Henry  S.  Boyer, 
the  latter  an  unmitigated  scoundrel,  who  spat  in  his  face. 
The  Captain  then  requested  Mr.  Ililbish  to  walk  with  them 
to  his  (the  Captain's)  office,  which  he  declined  to  do,  remark- 
ing that  if  the  Captain  had  any  business  with  him,  he  could 
step  into  the  hotel.  After  a  few  moments'  further  conversa- 
tion, Captain  Cox  told  Ililbish  to  consider  himself  under 
arrest.  "JSiot  at  all,"  said  II.,  "unless  you  can  show  your 
authority. "  He  then  turned  to  go  to  the  Court-house,  where 
the  Democratic  Convention  was  in  session.  As  he  did  so, 
ten  or  twelve  men,  who  were  aiding  the  Captain  in  his  nefa- 
rious work,  emerged  from  various  places  of  concealment,  and 
pursued  II.,  calling  on  him  to  u  Stop,  or  they  would  shoot 
him."  Looking  back  he  saw  some  of  them  levelling  their 
revolvers  at  him.  He  quickened  his  pace,  hut,  before  reach- 
ing the  steps  of  the  Court-house,  he  was  overtaken  and  sur- 
rounded by  "these  troops  of  devils,  mad  with  blasphemy," 
who  seized  him,  amid  cries  of  "Hang  him,"  and  "  Yes,  he 
must  be  hung  before  to-morrow  night."  While  he  was  held 
by  those  around  him,  an  escaped  convict  from  Centre  County, 
named  Kepheart,  stepped  in  front  of  him  and  kicked  him 
several  times  in  the  abdomen.  He  was  repeatedly  beaten 
over  the  head  and  face  by  the  ruffians,  and  was  struck  several 
tune'j  with  the  butt-end  of  a  revolver,  cutting  deep  gashes 
in  his  face,  the  scars  of  which  will  be  effaced  only  by  the 
grave.  Nearly  exhausted  from  the  pain  of  the  blows,  and 
the  blood  which  flowed  freely  from  his  wounds,  he  was 
pushed  across  the  street  to  a  wagon  in  waiting,  and  thrust 
into  it.  The  noise  in  the  street — the  yells  of  the  miscreants 
—  the  groans  of  the  prisoner — and  the  screaming  of  the  wo- 
men who  rushed  to  the  scene,  aroused  the  Convention.  The 
members,  who  had  just  nominated  Mr.  Ililbish,  by  acclama- 
tion, as  their  candidate  for  the  Legislature,  came  rushing  to 
the  spot,  but  were  kept  back  by  the  menacing  attitude  of  ihe 
crowd  which  encircled  him,  and  which  had  increased  to 


506 


AMERICAN  BASTILE. 


about  one  hundred  men.  They  presented  their  revolvers, 
and  pointing  them  toward  the  advancing  members,  frantically 
cried, "  Stand  back,  stand  back ;  we  will  shoot  down  any  man 
that  will  even  dare  to  speak  to  him."  Exhausted  as  Mr 
Hilbieh  was,  and  with  the  blood  still  oozing  from  his  wound, 
the  wagon  was  hurriedly  driven  away,  as  they  said,  to 
Lewistown.  After  driving  about  a  mile,  they  changed  their 
course,  and  drove  over  hills,  and  through  byways,  to  Lewis- 
burg,  iu  Union  County,  where  the  prisoner  arrived  so  weak 
from  the  loss  of  blood  as  to  be  scarcely  able  to  stand.  Here 
he  was  confined  in  a  room,  refused  counsel,  or  permission  to 
write  to  his  anxious  family  to  inform  them  of  his  where- 
abouts. Thence  he  was  hurriedly  conveyed  to  Harrisburg 
the  same  night.  Two  of  his  custodians,  Kepheart,  and  an 
equally  degraded  associate,  named  Woods,  continually  blas- 
phemed and  threatened  the  prisoner's  life,  from  the  time  he 
left  Middleburg  until  they  arrived  at  Harrisburg. 

In  the  evening  after  Mr.  Hilbish's  arrest,  Major  John 
Cummings,  a  man  of  indomitable  energy,  believing  that  the 
prisoner  had  been  taken  to  Harrisburg,  proceeded  thither, 
determined  to  render  his  friend  all  the  aid  that  lay  in  his 
power.  At  eight  o'clock  on  the  following  morning,  he  found 
Mr.  Hilbish  in  prison,  and  ascertained  that  he  was  to  be  tried 
at  ten  o'clock  the  same  day.  Having  but  two  hours  for  in- 
vestigation and  preparation,  he  proceeded  directly  to  the 
office  of  General  Clement,  the  District  Provost  Marshal,  to 
ascertain  the  charges  against  the  prisoner.  A  sheet  of  fools- 
cap paper,  filled  with  charges,  was  handed  him.  The  prin- 
cipal charges  on  this  long  list  were,  belonging  to  the  Knights 
of  the  Golden  Circle — speaking  disrespectfully  of  Mr.  Lin- 
coln and  his  Administration  —  discouraging  enlistments,  and 
opposing  the  Government  generally.  The  Major  asked  Gen- 
eral Clement  for  permission  to  take  Mr.  H.  to  an  attorney 
for  consultation.  His  request  was  reluctantly  granted,  and 
they  proceeded  under  guard  to  the  office  of  R.  Lamberton, 
Esq.,  who,  on  hearing  the  particulars,  expressed  himself 
ready  and  willing  to  do  all  in  his  power  to  aid  the  prisoner. 


PHILIP  HILBISH. 


507 


After  some  further  consultation,  they  proceeded  to  the  Court 
house,  where  they  arrived  at  ten  o'clock,  the  hour  appointed 
for  the  trial.  The  prosecution  averring  that  they  were  not 
ready,  the  case  was  postponed  until  four  o'clock  in  the  after- 
noon, when,  the  Court  being  again  convened,  a  further  con 
tinuance  was  asked.  This  was  objected  to  by  the  counsel  foi 
the  defendant,  who  urged  a  trial  at  once.  After  going  into 
an  examination  of  the  witnesses,  the  Government  counsel 
failed  to  prove  a  single  charge  from  the  list  shown  Major 
Cummings  by  the  District  Provost  Marshal.  After  having 
partially  proceeded,  and  admitting  their  probable  failure  with 
the  testimony  at  their  command,  the  prosecutors  again  al- 
leged that  they  had  and  could  get  other  testimony  to  prove 
their  charges,  and  asked  for  the  third  continuance,  which 
was  likewise  granted.  The  prisoner  was  remanded  to  prison, 
to  again  appear  before  the  court  at  2  o'clock  p.m.,  on  Tuesday 
following. 

As  Mr.  Hilbish's  wife  had  not  yet  discovered  where  he 
was,  and  to  afford  him  an  opportunity  to  visit  her  and 
relieve  her  anxiety,  Major  Cummings  and  Mr.  Lamberton 
offered  any  amount  of  security  for  his  appearance  on  the  day 
appointed  for  trial,  from  one  to  two  hundred  thousand  dol- 
lars if  necessary  ;  but  it  was  refused.  Major  Cummings  then 
offered  to  deposit  with  the  Court  one  thousand  dollars  as  secu- 
rity for  his  reappearance,  and  in  case  of  failure,  to  forfeit  the 
same.  This  offer  was  reluctantly  accepted ;  but  as  the  Major 
turned  and  was  walking  through  the  Court-house  toward  the 
bank  to  obtain  the  money,  he  was  recalled  and  informed  by 
General  Clement  that  he  had  no  right  to  accept  money,  and  the 
only  alternative  left  was  to  send  the  accused  back  to  prison, 
and  keep  him  there  until  the  next  Tuesday.  After  a  few 
moments'  consideration,  the  Marshal  offered  to  release  Mr. 
Hilbish  on  his  giving  bonds  for  ten  thousand  dollars,  with  a 
freeholder  of  Harrisburg  as  security.  "While  the  bond  was 
being  drawn  up,  Mr.  H.  was  called  upon  and  asked  what  he 
had  to  say.  He  defended  himself  ably  in  a  short  speech, 
completely  vindicating  his  character  from  the  foul  aspersion! 


508 


AMERICAN  BASTILE. 


which  malignity  had  heaped  upon  him,  and  exposing  the 
infamy  of  the  ringleader  of  the  dastardly  outrage.  At  the 
conclusion  of  his  remarks,  the  Court  proposed  to  liberate  him 
on  his  own  and  his  friend's  word  of  honor,  for  his  appearance. 
This  was  agreed  to,  and  the  Court  adjourned.  At  the  ap- 
pointed hour  on  Tuesday,  Mr.  Hilbish,  accompanied  by  his 
counsel  and  friend,  Major  Cummings,  again  appeared  before 
this  august  military  tribunal.  After  a  few  preliminaries,  the 
Government's  counsel  arose  and  said,  "As  there  was  no  one 
appearing  against  Mr.  Hilbish,  or  to  accuse  him  of  any  of  the 
charges  alleged,  he  is  therefore  discharged,  and  may  go 
home."  Thus  ended  this  case,  which  for  brutality  and  injus- 
tice is  not  exceeded  in  the  history  of  the  "  Council  of  Tei* ,f 
or  tho  "  Star  Chamber  "  decrees. 


0 


HON.  MADISON  Y.  JOHNSON. 

HON.  MADISON  Y.  JOHNSON  resides  at  Galena,  Uli 
nois,  and  is  one  of  the  ablest  and  most  successful  law 
yers  in  that  part  of  the  State.  He  is  a  gentleman  of  fine 
personal  appearance,  and  about  fifty-five  years  of  age.  He 
is  independent  and  self-reliant  in  his  character,  but  of  gene- 
rous impulses  and  courteous  manners.  His  arbitrary  arrest 
and  imprisonment  were,  perhaps,  among  the  most  remarkable 
that  occurred  during  the  war,  whether  considered  in  a  politi- 
cal liftht,  or  otherwise,  from  the  fact  that  he  had  been  the 
warm  personal  and  political  friend  of  Mr.  Lincoln  when  they 
were  old  Whigs  together.  The  personal  friendship,  which 
had  so  long  existed  between  them,  was  not  in  the  least  dis- 
turbed up  to  the  time  of  Mr.  Johnson's  arrest. 

Mr.  Lincoln,  on  his  last  visit  to  Galena,  in  the  presence  of 
several  of  their  mutual  friends,  urged  Mr.  Johnson  to  join 
his  party;  and  on  being  told  that  it  would  drift  into  an 
Abolition  party,  and  that  if  it  got  into  power  it  would  cause 
a  separation  of  the  Union  of  the  States,  Mr.  Lincoln  said : 
"  We  can  control  the  matter  if  the  old  Whigs  and  Conserva- 
tives will  take  hold  ;  that  there  would  be  a  change,  they  were 
coming  into  power,  and  that  new  men  were  to  fill  the  posi- 
tions ;  and  that  he  (Mr.  J.)  could  have  anything  he  desired 
if  he  would  go  with  them."  Mr.  Johnson  replied,  that  "  his 
political  views,  like  his  religious  opinions,  were  not  a  matter 
for  barter ;  that  he  could  hold  no  political  fellowship  with 
Buch  men  as  Codding  and  Lovejoy,  and  that  such  as  they 
would  control  the  party." 

Mr.  Lincoln  then  said,  "  he  regretted  to  part  with  him 
more  than  from  any  man  in  that  part  of  the  State,  but  they 
should  always  respect  each  other." 

609 


510 


AMERICAN  BASTILE. 


"We  allude  to  these  things  now  to  show  how  faithless  to 
his  promises  Mr.  Lincoln  was,  after  he  became  President.  "We 
need  not  notice  the  history  of  events  in  this  narrative  further 
than  to  say,  that  all  the  propositions  made  looking  to  a  set- 
tlement of  the  troubles  between  the  !North  and  the  South, 
*  without  a  resort  to  arms,  Mr.  Johnson  favored  ;  and  when  the 

actual  conflict  came,  and  during  its  progress,  he  was  found 
the  uncompromising  advocate  of  peace. 

He  was  the  author  of  a  peace  resolution  passed  at  a  mass 
meeting  held  at  Springfield,  during  the  war;  and  as  a  part 
of  the  history  of  the  country,  and  as  particularly  expressing 
his  views,  we  copy  it : 

"  Resolved,  That  the  further  offensive  prosecution  of  the 
war  tends  to  subvert  the  Constitution  and  Government,  and 
entail  upon  the  nation  all  the  disastrous  consequences  of  mis- 
rule and  anarchy.  That  we  are  in  favor  of  peace  upon  the 
basis  of  a  restored  Union ;  and  for  the  accomplishment  of 
which,  we  propose  a  National  Convention  to  settle  upon  terms 
of  peace,  which  shall  have  in  view  the  restoration  of  the 
Union  as  it  was,  and  the  securing  by  constitutional  amend- 
ments such  rights  to  the  States  and  the  people  thereof  as 
honor  and  justice  demand." 

He  always  advocated  the  doctrine  that  the  theory  of  the 
American  Government  was  that  of  consent,  and  not  force. 

The  particular  cause  of  his  arrest,  or  who  instigated  it,  has 
never  been  known.  After  a  most  searching  investigation  at 
the  "War  Department,  and  an  examination  of  the  public 
archives  in  "Washington,  it  does  not  appear  that  any  specific 
charge  was  ever  made  or  filed  against  him ;  but  it  would 
seem  that  the  act  was  directed  by  the  President  himself, 
as  established  in  a  judicial  proceeding  subsequently  had,  ,n 
which  the  United  States  Marshal  pleaded  that  the  arrest  was 
made  by  order  of  the  President  as  a  "  military  necessity,  and 
that  he  was  held  as  a  belligerent  and  prisoner  of  war." 

Mr.  Johnson,  while  engaged  in  the  defence  of  a  murder 
case,  was  arrested  in  open  court,  on  the  afternoon  of  the  28th 
of  August,  1862,  by  the  United  States  Marshal,  on  a  tele* 


MADISON    Y.  JOHNSON. 


511 


graphic  despatch  from  Edwin  M.  Stanton,  Secretary  of  War\ 
without  complaint,  warrant,  or  form  of  law,  hurried  off, 
more  than  a  thousand  miles,  to  a  foreign  State,  and  incarcer- 
ated within  the  dark  walls  of  an  American  Bastile.  As  it 
will  be  regarded  a  matter  of  curiosity  in  American  history 
to  know  how  these  arrests  were  made,  and  how  citizens,  not 
charged  with  an  offence,  were  treated  under  the  brutal  sys- 
tem adopted  during  Mr.  Lincoln's  Administration,  we  have 
been  at  some  trouble  to  learn  the  facts,  and  here  present 
them. 

Mr.  Johnson's  case  is  not  dissimilar  to  the  general  history 
of  many  others.  He  was  conveyed  from  his  home,  in  Galena, 
Illinois,  to  Chicago,  where  he  overtook  Mr.  Sheean,  who  had 
been  arrested  only  a  few  hours  before  him ;  thence,  in  com- 
pany with  that  gentleman,  he  was  transported  to  New  York 
city,  and  handed  over,  at  Elm  Street,  to  the  tender  care  of 
Kennedy,  Superintendent  of  Police.  This  man  was  the  well- 
known  jailer  of  Mrs.  Isabel  Brinsmade,  who  was  confined, 
for  forty  days,  in  a  dungeon  in  one  of  the  station-houses  in 
New  York,  without  any  one  knowing  where  she  was,  and 
without  any  charge  against  her.  Mr.  Johnson  was  confined 
in  what  was  known  as  the  "  Inner  Temple,"  a  low,  dirty,  ill- 
ventilated  room,  partially  under  ground.  Here,  for  the  first 
time,  the  prisoner  began  to  realize  what  it  meant  to  be  a 
u  prisoner  of  state." 

From  there,  he  was  conveyed,  closely  guarded,  to  Fort 
Hamilton,  where  Lieutenant-Colonel  Burke,  a  gruff  old  sol- 
dier, on  seeing  the  despatch  from  Stanton  to  incarcerate  him 
in  Fort  Lafayette,  ordered  out  a  file  of  soldiers  under  an 
officer,  by  whom  he  was  escorted  to  the  vessel  which  carried 
him  to  the  Fort. 

While  crossing  to  the  Fort,  he  could  observe  the  dark, 
dungeon-like  walls  of  the  octagonal-shaped  Fort,  black,  frown- 
ing, and  solitary,  arising  from 

....  "those  hidden  rocks,  where  sleep 
The  channelled  waters,  dark  and  deep." 


512 


AMERICAN  BASTILE. 


The  thought  came  hurriedly  to  his  mind,  Can  this  be  re- 
publican America  ?  or  are  we  the  victims  of  French  and 
Austrian  despotism  ?  "When  a  prisoner  entered  the  portals 
of  this  Fort,  he  was  dead,  so  far,  at  least,  as  the  outside  world 
>vas  concerned,  and  soon  found  himself  subject  to  the  unbri 
died  caprice  of  a  "  despotism  that  knew  no  bounds." 

On  entering  the  Fort,  Mr.  Johnson  was  taken  to  the  office 
of  the  Commandant,  who,  on  learning  his  name  and  resi 
dence,  entered  them  in  a  register,  without  preface  or  apology 
He  then,  with  the  sangfroid  of  a  highwayman,  demanded  his 
watch,  money,  gold  pencil,  studs,  finger-rings,  medicines, 
trunk-key,  etc.,  as  unnecessary  to  be  retained  by  the  prisoner. 
Mr.  Johnson  says,  "  I  handed  them  over  reluctantly  to  a  man 
of  whom  I  had  formed  a  bad  opinion."  He  was  then  taken 
to  an  anteroom,  accompanied  by  a  sergeant  and  two  soldiers, 
to  manage  him,  should  he  prove  refractory.  Here  he  was 
divested  of  his  clothing,  and  searched.  They  were  rewarded 
with  finding  in  his  breast-pocket  two  percussion-caps,  which 
were,  no  doubt,  laid  before  the  eyes  of  the  astonished  Lieu- 
tenant as  dangerous  matter ;  perhaps,  diminutive  torpedoes 
by  which  the  massive  foundations  of  the  Fort  were  to  be 
blown  to  atoms.  After  this  was  accomplished,  he  was  dis. 
missed,  and  told  that  his  trunk  would  be  sent  to  him  when 
examined. 

He  was  then  taken  to  Battery  Xo.  6,  a  long  room  on  a  levo, 
with  the  ground,  and  having  a  brick  floor.  Here  he  was 
furnished  with  an  iron  stretcher,  a  mattress,  and  a  blanket. 
This  room  contained  five  heavy  cannons,  mounted  on  car- 
riages, ranged  side  by  side,  and  each  pointed  through  a  port- 
hole, so  as  to  command  the  channel.  The  place  was  filthy, 
damp,  and  dark — the  air  fetid  and  unwholesome.  He 
found  in  it  some  forty-seven  prisoners,  crammed  together 
among  the  gun-carriages,  and  as  uncomfortable  as  they  could 
be  made.  These  persons  soon  instructed  him  in  the  disci- 
pline of  the  Fort,  which  consisted  of  every  petty  annoyance 
that  could  be  invented  to  render  the  situation  of  a  prisoner 
disagreeable,  and,  if  possible,  to  break  down  his  spirit,  destroy 


MADISON    Y.  JOHNSON. 


513 


his  manhood,  and  cause  him  to  accept  3uch  terms  as  were 
prescribed  by  the  Administration  as  the  price  of  liberty. 

The  Bastile,  like  death,  brings  to  an  equality  all  it  swab 
lows  up.  The  undaunted  patriot,  guilty  of  no  crime  but 
that  of  maintaining  the  rights  of  a  freeman,  and  who  dared 
to  speak  in  opposition  to  the  Administration,  is  treated 
wilh  more  severity  than  the  wretch,  who  would  betray 
his  country  for  gold.  Here  were  men  wearing  the  insignia 
and  uniform  of  an  honorable  service,  degraded  to  be  the 
tools  of  a  despotism  that  has  scarcely  a  parallel  even  in  the 
Bastile  of  France,  They  were  sensible  of  the  shameful  and 
cowardly  service  imposed,  and  sought  to  justify  themselves 
as  the  agents  of  a  lawful  power,  saying  that  "  they  simply 
obeyed  orders."  They  had  given  themselves  up  as  willing 
instruments  of  outrage  and  wrong,  and  felt  that  an  ignomin 
ious  punishment  would  be  a  just  reward  for  their  compliance. 
Had  they  not  lost  all  self-respect,  and  submitted  themselves, 
as  mere  machines  to  do  the  will  of  arbitrary  power,  they  would 
have  felt  the  dishonor  of  their  work  sticking  as  close  to  them 
as  did  "  the  poisoned  shirt  of  Nessus  to  the  back  of  Hercules." 

Mr.  Johnson  was  subjected  to  the  rigor  and  petty  tyranny 
of  a  shoulder-strapped  turnkey,  who  compelled  the  prisoners 
to  submit  to  the  taunts  and  insults  of  the  sentinels  put  over 
them,  night  and  day.  The  prisoners  were  reprimanded  or 
punished  if  they  retorted,  or  resented  the  taunts  or  acts  of 
the  soldiery,  some  of  whom  took  every  occasion  to  insult 
them.  They  were  compelled  to  go  to  the  sally-port  and  ask 
permission  of  the  Sergeant  to  go  to  the  other  prisoners*  quar- 
ters, or  to  draw  a  bucket  of  water  out  of  the  cistern  at  their 
own  door.  The  same  permission  was  required  to  get  coal  or 
wood.  They  were  compelled,  also,  to  stay  in  their  apartments, 
or  within  a  space  of  fifteen  feet  square  in  front  of  them, 
except  for  a  few  moments,  morning  and  evening,  when  all  the 
prisoners,  except  Soule*,  Mazzaran,  and  Thomas,  were  allowed 
to  mingle  together  in  the  open  court,  a  space  about  thirty 
yards  square,  within  the  Fort.  This  was  all  the  exercise 
allowed. 

38 


514 


AMERICAN  BASTILE. 


TLe  wives  and  friends  of  the  inmates  who  came  to  visil 
them,  after  first  going  to  Washington,  and,  as  a  great  favor, 
obtaining  a  pass  from  Secretary  Stanton  to  enter,  were  required 
to  hold  their  conversations,  which  were  limited  to  an  hour, 
in  the  presence  of  the  Commandant.  At  the  close  of  these1 
interviews,  a  guard  marched  the  prisoners  back  to  their  quar- 
ters, and  the  visitors  were  set  on  shore.  The  interviews  were 
duly  noted  and  reported  to  Washington,  with  such  comments 
as  were  thought  proper  and  necessary. 

At  sunset,  the  prisoners  were  compelled  to  "get  into  their 
holes."  The  doors  were  locked  upon  them,  while  the  window 
on  the  same  side,  large  enough  to  admit  a  man's  body,  was 
left  open.  They  were  not  allowed  to  talk  or  have  a  light 
after  9  o'clock  p.m.  ;  and,  as  Mr.  Johnson  was  informed,  the 
sentinel  had,  a  short  time  before  he  arrived,  fired  through 
this  window  on  the  prisoners  for  conversing,  in  disobedience 
of  orders.  They  were  not  allowed  conversation  with  the 
soldiers,  and  on  one  occasion,  when  one  of  the  latter  was 
arranging  the  window,  or  fire-grate,  an  officer  with  an  armed 
sentinel  stood  by  for  hours,  to  prevent  communication. 
When  a  ship  was  fired  on,  in  order  to  make  her  return  and 
report  to  the  revenue-cutter,  they  were  all  locked  up ;  and 
on  one  occasion,  when  the  British  ship  "  Dispatch  "  refusec 
to  return,  but  anchored  under  the  guns  of  the  Fort,  the} 
were  kept  confined  for  forty-eight  hours.  They  were  also 
locked  up  when  those  in  solitary  confinement  were  taken 
into  the  presence  of  the  Commandant. 

THE  MANIAC. 

"A  scheming  villain  forged  the  tale 
That  chains  me  in  this  dreary  cell : 
My  fate  unknown,  my  friends  bewail ; 

0  'sentry,'  haste  that  fate  to  telll 
Oh,  haste  my  'mother's'  heart  to  cheer; 

Her  heart,  at  once,  't  will  grieve  and  glad 
To  know,  though  chained  and  captive  here, 

1  am  not  mad  !  I  am  not  mad  !  " 

There  was  confined  in  one  of  the  cells  of  Fort  Lafayette, 


MADISON    Y.  JOHNSON. 


515 


k  poor  prisoner  from  Baltimore.  He  was  a  "  political  prison- 
er," and  manifested  symptoms  of  insanity.  His  friends,  and 
Borne  of  the  physicians  who  were  among  the  prisoners,  called 
Lieutenant  Wood's  attention  to  the  case.  He  treated  the 
statement  with  contemptuous  indifference  at  the  time ;  but  a 
few  days  afterward,  the  prisoner  was  sent  to  the  guard-house. 
Instead  of  being  sent  instantly  to  the  asylum,  he  was  kept  in 
the  guard-house,  and  in  double  irons. 

His  cell  was  darkened,  a  sentry  marched  night  and  day 
before  his  prison-door ;  and  he  was  permitted  no  intercourse, 
not  even  to  see  the  other  prisoners  or  friends.  Surrounded 
by  strange  soldiers,  he  was,  at  times,  apparently  in  an  agony 
of  dread.  His  shrieks  were  fearful,  and  one  dark  night,  when 
he  imagined  he  was  about  to  be  murdered,  his  screams 
were  painfully  startling  to  hear.  In  some  of  these  parox- 
ysms, he  was  actually  gagged  by  the  soldiers.  So  strict  wa3 
his  confinement,  that  when  an  aged  and  widowed  mother, 
who  for  months  had  been  seeking  to  obtain  an  interview 
with  her  son,  at  last,  having  obtained  it,  came  one  Sabbath- 
day  to  visit  him,  he  was  taken  from  his  dungeon  to  the 
Commandant's  room,  in  which  she  was  permitted  to  see  him, 
by  a  file  of  soldiers  detailed  to  guard  him  from  his  cell ;  but 
not  before  all  the  other  prisoners  were  locked  in  their  rooms, 
and  a  double  guard  placed  in  the  sally-port.  A  letter  written 
by  one  of  the  prisoners  to  the  counsel  of  the  unfortunate  man, 
in  Baltimore,  urging  the  exercise  of  his  influence  with  the  Go- 
vernment, on  behalf  of  the  sufferer,  was  not  allowed  to  reach  its 
destination,  although  directed  to  the  care  of  Lieutenant-Gen- 
eral  Scott.  He  was  detained  in  the  Fort  until  he  became  a 
raving  maniac.  In  this  condition,  Mr.  Stanton's  oath  of  loyalty 
was  administered  to  him,  and  he  placed  on  shore  as  helpless 
as  a  child.  He  would  doubtless  have  perished,  had  he  not 
been  picked  up  and  cared  for  by  strangers.  In  this  instance, 
a  kind  Providence  threw  in  his  way  Mr.  Hopkins  and  Mrs. 
Gelaton,  who  cared  for  him  until  his  friends  could  come  1o 
tl  eir  relief,  and  bear  him  home  to  an  early  grave. 

It  may  be  asked,  cruld  it  be  possible,  that  these  thing« 


610 


AMERICAN  BASTILE. 


should  occur  in  a  Christian  community,  and  not  arouse  every 
instinct  of  our  natures  to  right  the  wrong?  We  forget, 
when  we  ask  that  question,  that  a  prisoner  within  the  walls 
of  Fort  Lafayette  was  beyond  the  reach  of  the  process  of  the 
courts.  A  brass  six-pounder,  derisively  called  the  "habeas 
corpus"  stood  loaded,  to  guard  the  sally-port  of  the  Fort, 
and  sweep  out  of  existence  the  Sheriff  and  his  posse,  should 
he  attempt  to  execute  a  writ  of  habeas  corpus  on  the  com- 
mander. A  prisoner  could  have  no  communication  with  hia 
friends,  except  by  permission,  and  thus  every  right  of  a  free- 
man being  outraged,  he  could  have  no  means  of  making 
known  his  complaints,  or  of  publicly  exposing  the  crimes 
committed  by  those  in  authority. 

Mr.  Johnson  says :  "  Here  you  would  see  men  from  almost 
all  the  States,  the  largest  portion  of  whom  were  in  the  vigor 
of  manhood.  You  would  find  men  who  had  ably  represented 
our  Government  at  foreign  courts,  had  adorned  the  United 
States  Senate,  been  Governors  of  States,  Judges  of  Courts, 
members  of  Congress,  State  legislators,  doctors,  lawyers, 
farmers,  and  indeed  almost  all  departments  of  business  were 
here  represented,  not  one  of  whom  was  tainted  with  any 
^rime." 

At  reveille  the  doors  were  unlocked,  and  light  and  air 
admitted  to  the  prisoners.  Shortly  after,  breakfast  would 
be  announced,  when  they  were  marched  under  guard,  a  few 
yards,  to  Battery  No.  1.  Here  was  set  a  long  table,  made  by 
placing  rough  pine  boards  on  trestles,  so  as  to  raise  it  about  the 
height  of  a  man's  breast,  when  standing.  On  this  table,  as- 
signed to  each  prisoner,  was  a  dirty  tin  plate,  with  a  piece  of 
bread,  and  a  tincup  of  what  was  called  coffee,  made  and  sweet- 
ened in  a  large  iron  vessel.  This  was  the  breakfast.  Supper 
was  the  same,  with  the  addition  of  a  raw  onion  occasionally, 
as  an  antiscorbutic.  Dinner,  which  was  the  chief  meal,  con- 
sisted of  a  cup  of  water,  a  piece  of  boiled  fat  pork,  cold,  and  a 
piece  of  bread.  When  the  scurvy  made  its  appearance  among 
some  of  the  prisoners,  fresh  meat  and  vegetables  were  some- 
times allowed.    The  cutlery  consisted  of  a  pocket-knife,  if 


MADISON    Y.  JOHNSON. 


517 


the  prisoner  had  been  fortunate  enough  to  retain  one ;  other- 
wise his  teeth  supplied  the  deficiency.  All  meals  were  par- 
taken of  standing,  and  in  silence.  A  guard  with  a  musket 
and  fixed  bayonet  stood  at  the  backs  of  the  prisoners.  When 
the  meal  was  finished,  they  were  marched  back  to  their 
quarters. 

In  addition  to  the  many  acts  of  barbarism,  we  cite  one : 
John  Hipkins  was  put  in  the  guard-house,  a  darkened  place, 
six  feet  long  and  proportionately  wide,  and  there  compelled 
to  remain,  and  sleep  upon  the  brick  floor  without  bedding  or 
covering,  for  twelve  days  and  nights.  This  punishment  was 
inflicted  because  he  had  wrested  a  chair  out  of  another  pris- 
oner's hand,  which  was  in  dispute  between  them. 

Who  can  form  an  idea  of  the  dull  monotony  of  Bastile 
life  at  Fort  Lafayette?  Language  is  inadequate  to  de- 
scribe the  anxiety  and  ennui  of  the  prisoners,  as  hour 
after  hour,  and  day  after  day,  they  longed  for  their  re- 
lease. It  was  hope  baffling  despair.  "To-day,  hope  put 
forth  her  tender  leaves,  which  on  the  morrow  were  withered 
by  the  sun  of  despair."  To  their  right  and  left  were  men  in 
solitary  confinement,  some  of  whom  had  not  seen  the  light 
of  day  for  months  —  denied  all  communication  or  association 
with  their  fellow-prisoners,  and  even  refused  the  use  of  a 
Bible —  their  condition  was  miserable.  The  guard,  in  hand- 
ing their  scanty  supply  of  bread  and  water,  was  prohibited 
from  answering  any  questions,  further  than  to  say,  "I  will 
report  your  request  to  the  officer  of  the  day,"  or,  "  It  is  not 
allowed."  Who  can  wonder  at  the  wrecks  of  humanity 
incarceration  caused? 

We  now  give  a  short  sketch  of  the  casemates.  They  were 
occupied,  generally,  either  as  mess-rooms  or  places  for  solitary 
confinement.  Sometimes,  however,  several  persons  occupied 
one  casemate.  When  casemate  No.  4,  which  had  been  occu- 
pied by  Dr  Olds  as  a  solitary  prison-house  or  dungeon,  was 
converted  into  a  mess-room  for  thirteen  prisoners,  and  the 
barricade  taken  down  so  as  to  admit  light  and  air,  it  was 
curious  to  examine  the  calendar  of  events  kept  by  him,  on 


518 


AMERICAN  BASTILE. 


the  walls  of  that  dark  and  lonesome  prison,  by  means  ol  ah 
old  rusty  nail,  during  the  long  and  dreary  days  and  nighta 
of  his  solitary  imprisonment,  in  that  dark  hell. 

To  understand  the  construction  of  the  casemates  fully,  the 
reader  is  informed  that  Fort  Lafayette  is  in  Xew  York  Harbor, 
;n  the  centre  of  the  channel,  surrounded  by  water,  and  having 
Forts  Hamilton  and  Richmond  on  either  side.  The  ground 
on  which  it  stands  is  but  slightly  raised  above  the  tidal  wave. 
To  make  a  solid  foundation  for  the  second  tier  of  ordnance, 
it  was  necessary  to  throw  up  heavy  arches.  Tl\e  rooms  under 
these  arches  are  called  casemates.  They  are  about  twenty-one 
feet  long  by  thirteen  wide  at  the  base,  and  of  sufficient 
height,  in  the  centre  of  the  arch,  to  permit  a  man  to  stand 
erect.  A  door  and  grated  window  open  into  the  court  or 
centre  of  the  Fort.  At  the  other  end,  two  small  port -holes, 
heavily  and  doubly  grated,  look  seaward.  From  theo*  con- 
struction and  want  of  ventilation,  surrounded  as  they  are  by 
the  thick  stone  walls  of  the  Fort,  where  daylight  scarcely 
enters,  they  are  exceedingly  damp.  On  first  entering  them, 
the  prisoner  was  sickened  by  the  peculiarly  disagreeable 
miell.  The  atmosphere  was  so  damp  that,  in  twenty-four 
hours,  a  green  mould  would  settle  upon  a  leather  trunk,  so 
thick,  the  prisoners  could  write  their  names  legibly  on  it  with 
their  fingers.  Such  were  the  quarters  in  which  human  beings 
were  crowded  for  months  and  years. 

This  is  a  truthful,  but  feeble  picture  of  an  American 
Bastile,  under  the  Administration  of  Abraham  Lincoln,  in 
1861-2-3-4. 

Mr.  Johnson,  believing  that  some  imposition  had  been 
practised  on  the  President,  in  consideration  of  his  long  ac- 
quaintance, intimacy,  and  friendship  with  him,  wrote  the 
following  letter : 

"Fort  Lafayette,  September  7,  1862. 

"President  Lincoln: 

"My  Dear  Sir: — You  will  no  doubt  be  as  much  surprised  to  find 
me  here,  as  I  am  to  be  here,  by  order  of  the  Secretary  of  "War.  I 
need  hardly  say  to  you,  the  Government  has  been  imposed  upop, 


MADISON    Y.  JOHNSON. 


519 


as  i  solemnly  declare  to  you  I  have  never  in  word,  thought,  or  act 
done  a  disloyal  thing  to  my  country.  I  therefore  request  that  you 
will  order  your  Judge  Advocate  to  examine  into  my  case  with  as 
little  delay  as  the  public  interest  may  require.  Holding  myself 
-eady  to  answer  for  every  act  of  my  life,  I  am,  sir, 
"  Yours  truly, 

(Signed)  M.  Y.  Johnson." 

(Indorsed,  "Private.") 

From  the  character  of  the  letter,  it  will  be  seen,  Mr.  John. 
Bon  had  no  suspicion  that  Mr.  Lincoln  was  the  instigator  of 
his  arrest.  The  letter  is  an  open,  frank  appeal,  such  as  an 
honest  man  would  make.  But  the  result  was  far  different 
from  what  might  have  been  expected.  It  was  known  to  Mr. 
Lincoln  then,  that  there  had  never  been  any  charges  filed 
against  Mr.  Johnson.  Instead  of  giving  an  order  for  his  dis- 
charge, Mr.  Johnson,  in  two  or  three  days  afterward,  received 
a  visit  from  the  Judge  Advocate,  and,  from  what  transpired, 
no  doubt  can  be  entertained  but  that  he  would  have  been 
discharged,  had  he  submitted  to  certain  terms  and  conditions. 
It  will  be  remembered,  at  that  time,  as  a  condition  of  release, 
the  Administration  imposed,  in  addition  to  the  oath  of  loyalty, 
a  condition  that  the  prisoner  would  not  seek  any  redress,  by 
suit  or  otherwise,  for  the  injuries  committed.  Mr.  Johnson 
was  not  the  man  to  tamely  submit  to  an  outrage,  and  volun- 
tarily exculpate  the  perpetrators. 

AVhen  the  Judge  Advocate,  L.  C.  Turner,  appeared  at  the 
Fort,  he  was  accompanied  by  his  Secretary,  who  noted  down 
the  admissions  of  the  prisoners.  The  Commandant  of  Fort 
Hamilton,  and  the  officers  of  Fort  Lafayette,  in  full  uniform, 
were  present  as  witnesses.  A  file  of  soldiers  was  stationed 
in  the  anteroom.  Several  prisoners  were  examined ;  among 
them,  Mr.  Johnson,  who  was  received  by  the  Judge  Advocate 
with  great  politeness  and  suavity  of  manner,  and  quickly 
engaged  in  conversation,  with  the  intention  of  throwing  him 
off  his  guard,  securing  his  confidence,  and  hoping,  before  his 
suspicions  were  aroused,  he  might  drop  some  expression  that 
could  be  tortured  into  evidence  against  him.    This  was  the 


520 


AMERICAN  BASTILE. 


manner  of  acting  toward  all  the  prisoners.    In  this  case,  it 
failed.    The  Judge  Advocate  blandly  inquired,  "Do  you 
know  with  what  you  are  charged  ?  " 
Mr.  Johnson.    "No,  sir,  I  do  not." 

Judge  Advocate.  "  Are  you  not  Yankee  enough  to  gues3  ? ' ' 
Mr.  J.    "  I  have  not  a  drop  of  Yankee  blood  in  me,  sir, 

and  no  disposition  to  guess.    If  there  are  any  charges  against 

me,  I  desire  to  know  what  they  are,  and  who  are  my  accusers. 

I  stand  ready  to  defend  any  and  every  act  of  my  life." 

J.  A.    "  Mr.  Johnson,  did  you  bring  a  suit  against  Bradner 

Smith?" 

Mr.  J.  "I  did,  but  I  had  too  much  confidence  in  the 
Government  to  believe  that  it  would  interfere,  and  make  the 
professional  act  of  a  lawyer,  in  bringing  a  suit  between  two 
private  individuals,  a  pretext  for  an  arrest." 

The  Judge  Advocate  then  requested  a  statement  of  the 
facts.  Having  nothing  to  disguise,  Mr.  Johnson  briefly  re- 
capitulated the  facts,  which  the  Judge  Advocate  said  were 
entirely  satisfactory  to  him.  Mr.  Johnson,  feeling  satisfied 
that  whatever  the  pretext  might  be,  his  arrest  had  been 
caused  by  E.  B.  Washburne,  inquired  of  the  Judge  Advocate 
if  such  were  the  fact.  He  gave  an  ambiguous  reply,  and 
said,  "I  do  not  know  that  Washburne  was  in  Washington 
when  your  arrest  was  ordered  by  the  Secretary  of  War." 
He  then  continued,  "  I  will  ask  you  a  question :  you  need  not 
answer  it,  if  you  do  not  choose.  Do  you  belong  to  a  secret 
society  called  the  Knights  of  the  Golden  Circle  ?  " 

Mr.  J.  "  I  do  not  belong  to  that  or  any  other  secret 
society,  except  the  Masonic  fraternity." 

After  some  further  diplomacy  and  professions  of  friendship, 
he  asked  Mr.  Johnson :  "  Are  you  willing  to  take  the  oath 
of  a  loyal  man  ?  " 

Mr.  J.  "I  have  taken  it  frequently  as  a  lawyer,  and 
have  never  yet  violated  it.  I  have  not  the  slightest  ob- 
jection to  taking  any  oath  the  law  imposes  on  the  citizene 
of  my  State ;  but  I  will  take  no  oath  that  may  be  prescribed 
by  any  official,  intended,  by  implication,  to  impeach  my  in- 


MADISON    Y.  JOHNSON. 


521 


tegrity  as  a  man,  and  cast  a  doubt  on  my  loyalty  to  the  Con 
stitution  of  my  country." 

J.  A.  "  If  you  are  a  loyal  man,  you  cannot  object  to 
taking  an  oath  to  support  the  Constitution." 

Mr.  J.  "  I  have  no  objection  to  the  oath  itself ;  but  my 
taking  it  would  be  construed  into  an  admission  that  I  have 
been  guilty  of  some  crime  or  offence.  I  would  not  purchase 
my  freedom  at  the  expense  of  my  honor  and  manhood." 

At  this  point  the  farce  ended,  so  far  as  the  examination 
was  concerned ;  but  not  its  consequences.  On  the  report  of 
the  Judge  Advocate  to  the  authorities  at  Washington,  it 
appeared  that  the  prisoner  was  not  subdued  either  in  spirit  or 
temper,  and  was  unfit  to  be  released. 

A  short  time  after  the  above  interview  with  the  Judge 
Advocate,  an  order  was  sent  from  Washington,  to  remove 
him  from  Fort  Lafayette  to  Fort  Delaware,  on  the  ground 
that  he  was  contumacious,  and  demoralizing  the  prisoners  in 
the  Fort.  He  had  refused  their  unconstitutional  oaths,  and 
dared  to  maintain  his  manhood.  This  was  demoralization. 
They  had  failed  to  impose  terms,  and  he  was  to  be  further 
outraged.  With  the  same  mystery  that  controlled  all  these 
illegal  proceedings,  the  prisoner  was  taken  to  the  office,  and, 
without  any  intimation  that  he  was  to  be  removed,  was 
handed  over  to  those  appointed  to  take  charge  of  him.  He 
was  receipted  for,  as  though  he  were  dead  property.  No  in- 
timation could  be  obtained,  either  from  the  officer  of  the 
Fort  or  those  taking  charge  of  him,  as  to  where  he  was  to  be 
removed,  or  what  was  to  be  done  with  him.  Finding  that  he 
was  to  leave  the  Fort,  he  asked  permission  to  bid  farewell  to 
his  comrades  in  misfortune,  and  to  see  a  fellow-prisoner,  to 
whom  he  wished  to  give  some  money.  Permission  was  given 
to  leave  the  money,  but  he  was  refused  an  interview. 

He  was  taken  from  the  Fort,  and  conveyed  to  the  House 
of  Detention  in  New  York  city,  and  there  thrust  into  an 
apartment  among  bounty-jumpers,  negroes,  and  thieves. 
Here  he  had  his  option  of  remaining  in  this  place,  which  was 
about  five  feet  in  width  and  nine  in  length,  or  of  enjoying 


522 


AMERICAN  BASTILE. 


the  liberties  of  the  yard  in  common  with  other  prisoners. 
The  yard  consisted  of  an  open  space,  forty  feet  in  width  by 
one  hundred  in  depth,  surrounded  by  a  brick  wall  thirty 
feet  high.  Unpleasant  as  the  associations  and  surroundings 
were,  it  was  a  change  from  the  dull  monotony  of  the  Fort, 
and  was,  for  a  time,  some  relief  to  his  mind. 

But  here  he  was  unfortunate  in  making  himself  an 
object  of  suspicion.  Falling  in  with  one  of  the  principal 
officers  of  the  "  institution,"  he  inquired  "  if  the  jurisdiction 
of  the  Courts  of  New  York  were  as  powerless  there  as  in  Fort 
Lafayette."  The  very  question  seemed  to  raise  in  the  officer's 
mind  the  writ  of  habeas  corpus,  civil  and  criminal  prosecu- 
tion, etc.  Mr.  Johnson  was  at  once  excluded  from  all  com- 
munication ;  and  soon  an  order  came,  by  telegraph,  from 
Washington,  to  remove  him  to  Fort  Delaware.  With  the 
order,  came  an  admonition  to  the  officer  that  the  prisoner 
was  a  "  desperate  character,  and  had  better  be  ironed"  When 
the  order  was  communicated  to  him,  every  feeling  of  man- 
hood was  aroused.  Turning  to  the  officer,  he  said:  "I may 
be  further  outraged,  as  I  have  no  power  to  resist  —  that  is  the  act 
of  others  ;  but  to  be  humiliated  by  them  would  be  my  own  act,  and 
it  never  shall  be  done."  The  officer  was  impressed  with  his 
manner.  He  believed  the  order  to  be  dictated  by  malignity, 
and  unnecessary;  therefore  neglected  to  put  Mr.  Stanton's 
jewelry  on  him,  and  the  transfer  was  safely  made  without. 
On  reaching  Fort  Delaware,  he  was  placed  under  Major 
Henry  S.  Burton,  a  regular  army  officer,  then  commander  of 
the  Fort.  It  is  but  a  just  tribute  to  his  humanity,  as  well 
as  to  his  honorable  conduct,  to  say  the  prisoners  were  relieved 
from  all  petty  tyranny,  and  treated  with  as  much  considera- 
tion and  kindness  as  his  position  under  the  circumstances, 
and  the  nature  of  the  service  demanded  of  him,  would  admit. 
On  the  28th  of  October,  not  being  released,  Mr.  Johnson 
again  addressed  the  President.  We  copy  the  letter  from  the 
"  Congressional  Globe,"  p.  G64, 1st  part,  3d  sess.  37th  Con- 
gress, as  contained  in  his  memorial  to  Congress.  It  is  a  bold, 
manly  letter,  and  speaks  for  itself: 


MADISON    Y.  JOHNSON 


523 


"Fort  Delaware,  October  28,  1862. 
"Sir:  1  addressed  a  letter  to  you  on  the  7th  of  September, 
from  Fort  Lafayette,  informing  you  of  my  arrest  at  Galena,  on 
a  telegraphic  despatch  from  the  Secretary  of  War.  I  was  at 
once  transported  beyond  the  jurisdiction  of  my  State,  and  after 
being  detained  in  Fort  Lafayette  some  sixteen  days,  I  was  re- 
moved to  this  place.  I  have  been  detained  here  ever  since,  and, 
strange  to  say,  up  to  this  day  I  have  no  knowledge  of  what  offence 
1  am  charged  with,  or  who  is  my  accuser.  I  solemnly  declare 
to  you,  I  have  never  by  word,  thought,  or  act  done  a  disloyal 
thing  to  my  country.  The  Government  has  been  imposed  upon 
by  the  machinations  of  private  malice,  through  the  representation 
of  a  dishonorable  member  of  Congress,  (as  I  am  induced  to  believe, 
from  the  facts  within  my  knowledge.)  I  have  patiently  endured 
all  these  things,  hoping  my  Government  would  inquire  into  my 
case  and  vindicate  me.  I  have  addressed  communications  to  the 
Judge  Advocate,  General  Wool,  and  the  Secretary  of  War,  respec- 
tively, as  I  was  advised  at  the  time  I  was  under  each  of  their 
jurisdictions,  neither  of  whom  have  condescended  to  answer.  I 
now  appeal  to  you,  as  the  head  of  the  nation,  whose  duty  it  is 
to  see  that  personal  liberty  is  protected,  to  interpose  in  my  behalf. 
If  I  am  charged  with  an  offence,  let  me  be  informed  of  it,  that  1 
can  vindicate  myself.  If  I  am  not,  then,  in  the  name  of  common 
justice,  do  not  punish  me.  It  cannot  be  the  object  of  the  Gov- 
ernment to  punish  those  who  are  not  guilty  of  an  offence.  From 
your  acquaintance  with  me  and  Mr.  Washburne  for  the  last 
eighteen  years,  you  should  be  able  to  determine,  with  some  accu- 
racy, whether  I  am  guilty  of  an  offence  against  my  country,  or, 
taking  advantage  of  the  peculiar  times,  he  has  availed  himself  of 
his  position  to  carry  out  petty  malice.  In  either  event  it  is  due 
to  me,  the  Government,  and  yourself,  that  I  either  be  tried  or 
discharged.  You,  as  well  as  myself,  know  that  the  personal  lib- 
erty of  the  citizen  is  of  more  importance  to  the  country  than  all 
>ther  rights,  and  without  which  all  others  are  valueless.  Under 
these  circumstances,  believing  you  should  have  no  other  object 
in  view  than  to  see  the  law  duly  administered  and  individual 
liberty  protected,  I  am  induced,  as  a  matter  of  justice  to  myself, 
to  ask  your  interposition,  holding  myse^  ready  to  answer  for 
©very  act  of  my  life. 
"Under  these  circumstances,  with  a  knowledge  that  the  Gov- 


524 


AMERICAN  BASTILE. 


ernment  has  been  imposed  upon,  and  it  being  both  your  duty,  ag 
it  should  be  3-our  pleasure,  to  protect  her  citizens,  I  cannot  doubt, 
when  your  attention  is  called  to  my  case,  you  will  take  action  in 
the  premises.  My  detention  can  effect  no  good  to  the  Govern- 
ment, and  does  me  an  absolute  injury.  In  no  view  can  my  further 
detention  be  justified. 

"Hoping  soon  to  be  discharged,  I  am 

Eespectfully  yours, 
(Signed)  M.  Y.  Johnson. 

"To  His  Excellency  President  Lincoln." 

This,  like  his  former  letters,  brought  no  reply.  With  a 
full  knowledge  of  the  facts,  what  can  be  said,  after  reading 
the  above  letter,  in  favor  of  Mr.  Lincoln's  honesty,  his  hu- 
manity, or  his  sense  of  justice.  His  revolutionary  partisans 
may  seek  to  excuse  his  conduct,  but  they  forget  he  was  a 
sworn  officer.  The  excuse  rendered  convicts  him  of  a  greater 
crime  against  the  Constitution  than  the  outrage  complained 
of.  He  wTas  sworn  "  to  faithfully  execute  the  office  of  President, 
and  to  the  best  of  his  ability  to  preserve,  protect,  and  defend  the 
Constitution"  Is  not  personal  liberty  secured  under  that 
oath?  In  the  Preamble  to  the  Constitution,  it  is  declared  to 
be  the  object  to  "  establish  justice,"  and  "  secure  the  blessings 
of  liberty ; "  and,  to  put  the  matter  beyond  all  cavil  and  dis- 
pute, it  prohibits  the  arrest  of  a  party  without  oath  and  war- 
rant, or  removing  him  beyond  the  State.  If  Mr.  Lincoln 
had  believed  Mr.  Johnson  guilty  of  an  offence,  he  committed 
a  greater  crime,  as  the  trusted  Executive  to  execute  the  laws, 
as  he  violated  that  law  when  he  ordered  the  arrest  and 
imprisonment.  Mr.  Raymond,  his  apologist  and  historian, 
in  speaking  of  these  arbitrary  arrests,  says :  "  They  have  not 
been  made  for  punishment,  as  there  has  not  been  an  indict- 
ment or  a  trial  in  a  single  case,  or  any  punishment  whatever, 
be3'ond  what  was  purely  incidental,"  etc.    (Page  354.) 

What,  we  inquire,  were  they  made  for?  His  friends  may 
urge  that  he  acted  on  a  "  supposed  necessity"  to  preserve  the 
Government.  This  is  the  only  reason  that*can  be  assigned. 
From  whence  came  this  law  of  necessity  ?    Who  ordained 


MADISON    Y.  JOHNSON. 


525 


it  ?  Who  are  its  expositors  ?  Who  is  commissioned  to  a<i 
minister  it  ?  Not  the  President.  He  is  sworn  to  support  the 
Constitution  of  the  United  States.  That  to  him  is  declared 
to  bo  the  supreme  law  of  the  land.  This  doctrine  of  necessity- 
is  the  old  plea  of  tyrants,  and,  whenever  submitted  to,  over- 
throws free  institutions.  To  say  the  Administration  may 
make  arrests  without  regard  to  law,  is  wholly  fallacious. 
It  is  a  despotism  tainted  with  the  odium  that  justly  attaches 
itself  to  the  French  monarchy,  when  "  Lettres  de  Cachet" 
were  the  instruments  of  consigning  the  victim  to  a  dungeon. 
The  ukase  of  Russia's  Czar  exiles  the  subject  to  Siberia — the 
order  of  the  Sultan  of  Turkey  consigns  the  object  of  his  dis- 
pleasure to  the  Bosphorus —  and  the  President,  on  his  plea  of 
necessity,  opens  his  American  Bastiles  to  receive  his  victims. 

During  all  the  time  of  his  imprisonment,  Mr.  Johnson's 
friends  were  active  in  their  efforts  to  secure  his  release  or 
hasten  his  trial.  The  Executive  of  the  State  of  Illinois  was 
appealed  to,  and  made  a  feeble  requisition  on  the  Administra- 
tion to  have  him  returned  to  the  Sate  for  trial.  But  he  was 
not  charged  with  an  offence  ;  therefore  there  was  nothing  to 
try.  Petitions  and  remonstrances  had  been  signed,  and  sent  to 
Mr.  Lincoln,  asking  his  discharge.  The  Democratic  members 
of  Congress  of  the  State  had  joined  in  a  request  demanding 
his  trial  or  release.  The  City  Council  had  taken  action  and 
petitioned  the  President  for  his  release ;  a  volunteer  company 
starting  for  the  war  had  petitioned  the  Secretary  of  War 
to  discharge  him.  Mr.  Johnson  himself  had  memorialized 
Congress  for  an  investigation  and  relief,  on  the  ground  that 
the  Executive  would  not,  and  the  Court  could  not  protect 
personal  liberty. 

The  Administration  resisted  all  these  influences,  and  held 
on  to  the  prisoner,  with  a  full  knowledge  that  he  was  not 
only  not  guilty  of  any  offence,  but  was  not  charged  with  one. 
What  was  perhaps  a  mistake  on  their  part  in  making  the 
arrest,  became  a  crime ;  and  to  protect  themselves  from  the 
consequence  of  their  violations  of  law,  it  became  necessary 
that  some  excuse  cr  justification  should  be  found.  Thej 


526 


AMERICAN    B  A  STILE. 


had  arbitrarily  invaded  a  sovereign  State,  seized  and  trans, 
ported  one  of  her  citizens  a  distance  of  a  thousand  miles,  and 
imprisoned  him  without  any  of  the  forms  of  law.  Their  at- 
tempt to  impose  terms  and  unconstitutional  oaths,  that  could 
be  construed  to  his  injury,  had  failed.  To  shield  themselves 
and  give  some  color  of  excuse  for  their  conduct,  they  called  to 
their  aid  their  Provost  Marshals,  spies,  and  detectives,  who,  by 
ex-parte  examinations  of  Mr.  Johnson's  servants  and  those  that 
had  been  in  his  employ,  endeavored  to  find  out  something  on 
which  to  base  a  charge.  But  this  experiment  failed.  Perjury 
was  not  as  cheap  then  as  afterward.  The  Department  had 
not  discovered  Connover.  The  Bureau  of  Military  Justice, 
with  Judge  Holt  at  its  head,  had  not  then  been  organized. 
Stanton  had  not  yet  ordered  Military  Commissions,  "  organ- 
ized to  convict."  Things  were  becoming  desperate.  All 
confidence  in  the  personal  security  of  the  citizen  was  being 
undermined.  The  country  became  alarmed  at  the  arbitrary 
acts  of  the  Administration,  and  began  to  speak  out.  The 
great  State  of  New  York  had  gone  Democratic,  and  elected 
Horatio  Seymour  Governor.  Illegal  arrests  were  becoming 
unpopular.  Mr.  Johnson's  friends  had  quartered  themselves 
in  Washington,  and  were  paying  daily  visits  to  Mr.  Lincoln 
and  the  Secretary  of  War.  A  Democratic  Legislature  for 
the  State  of  Illinois  was  soon  to  convene,  and  it  was  vaguely 
hinted  that  it  might  take  some  action  prejudicial  to  the 
policy  of  the  Administration.  At  this  juncture,  Mr.  Hun- 
kins,  a  friend  of  Mr.  Johnson,again  called  on  Mr.  Lincoln  to 
urge  his  release.  In  conversation,  the  President  said,  "  Mr. 
Johnson  has  given  us  more  trouble  than  all  the  political 
prisoners.  He  is  stubborn,  but  you  must  see  Stanton."  Stan- 
ton was  seen,  and  said  he  would  be  discharged  in  a  day  or 
two,  under  a  general  order.  The  general  order  was  issued 
and  published,  (order  of  26th  of  November,  1862,)  but  it 
Drought  no  release;  for  when  it  was  published,  the  Secretary 
of  War  telegraphed  to  the  Commander  of  the  Fort  to  disre- 
gard the  general  order  in  his  case,  and  to  hold  him  subject 
to  "epecial  orders  "    At  the  same  time,  in  his  official  report. 


MADISON    Y.  JOHNSON, 


527 


he  informs  Congress  that  all  the  political  prisoners  were  dis- 
charged. Such  deceit  and  hypocrisy  on  his  part  were  hut 
Bhort- lived.  In  less  than  ten  days  his  duplicity  was  dis- 
covered, which  served  only  to  alarm  Mr.  Johnson's  friends, 
who,  now  beginning  to  fear  foul  play,  became  more  clamorous 
for  his  release. 

Mr.  Hunkins,  believing  Washburne  was  the  obstacle  in  the 
way  of  his  release,  approached  a  friend  of  his  that  he  knew 
would  carry  all  he  said  to  Washburne,  and  told  him  that  he 
had  just  heard  from  home,  that  there  was  terrible  excitement 
there,  that  Johnson  and  Sheean's  friends  believed  that  he 
(Washburne)  was  the  cause  of  their  not  being  released,  and 
that  his  ( Washburn e's)  personal  safety  depended  on  their  being 
discharged  at  once.  This  had  the  desired  effect.  In  less  than 
xn  hour,  Washburne  hunted  up  Mr.  Hunkins,  and  learning 
from  him  it  was  the  general  feeling  that  they  were  held  at 
his  instance,  Washburne  said  he  would  do  anything  he  could, 
and  asked,  "  What  can  I  do  ?  "  Hunkins  said,  write  a  letter 
to  the  Secretary  of  War  requesting  their  release,  and  it  will 
be  done  at  once.  He  then  invited  Mr.  Hunkins  to  his  room, 
when  he  said  to  him,  "  No,  I  cannot  write  it,  but  you  write 
it,  and  I  will  see  the  Secretary,  and  it  will  do  just  as  well." 
Seeing  his  fears  were  operating  on  him,  and  desiring  to  com- 
mit him  beyond  retraction,  Hunkins  said,  "I  do  not  know 
how  to  address  these  officials.  You  write  it,  and  I  will  sign  it, 
and  take  it  to  the  Secretary  of  War."  Washburne  sat  down 
and  wrote  the  letter,  asking  their  immediate  discharge.  Mr. 
Hunkins  signed,  and  delivered  it  to  Stanton,  saying  to  him, 
"  Mr.  Washburne  will  call  in  reference  to  the  subject."  Stan- 
ton then  asked  him  if  he  could  not  see  his  friends  and  induce 
them  to  take  the  oath.  Mr.  Hunkins  replied,  "It  is  no  use 
to  offer  it.  I  know  the  men  ;  they  will  die  first"  Shortly  after 
he  left  the  office,  Washburne  entered.  In  about  an  hour,  Mr 
Hunkins  called  again,  and  on  entering  the  office,  Stanton 
turned  to  him,  remarking,  "  The  order  has  been  sent  —  your 
friends  are  discharged."  A  simple  recital  of  the  facts  is  aL 
that  is  necessary  to  show  there  was  a  conspiracy  on  the  pari 


528 


AMERICAN  BASTILE. 


of  those  in  authority  to  outrage  and  destroy  Mr.  Johnson; 
and  it  only  failed  through  his  firmness  and  the  persistent 
efforts  of  his  friends,  after  some  four  months'  imprisonment. 
We  ask  the  apologists  of  Mr.  Lincoln  and  his  Administra- 
tion, how  they  can  palliate  or  excuse  such  conduct,  or  recon 
cile  it  either  with  honor  or  private  or  public integrity.  Neithei 
Mr.  Lincoln  nor  his  Secretary  of  War  were  in  any  sense  judi 
cial  officers.  They  had  no  legal  authority  to  order  the  arrest 
of  any  one,  either  with  or  without  the  forms  of  law.  The 
State  of  Illinois  was  not  in  rebellion.  The  courts  were  open 
for  the  punishment  of  crime.  It  was  a  wanton  violation  of 
duty,  for  which  any  monarch  of  Europe  would  have  lost  his 
head.  We  might  as  well  undertake  to  justify  the  assassina- 
tion by  Booth  as  to  defend  the  acts  of  usurpation  and  tyranny 
of  the  Lincoln  Administration.  It  passed  beyond  the  control 
of  all  laws,  tribunals,  and  constitutions,  and  grasped  at  arbi- 
trary power.  If  he  would  not  credit  the  letters  of  Mr. 
Johnson,  the  examination  of  his  Judge  Advocate,  the  peti- 
tions of  the  people,  the  demand  of  the  City  Councils,  the 
remonstrance  of  the  members  of  Congress,  the  requisition  of 
the  Governor  of  the  State,  with  the  fact  that  no  charge  could 
be  based  on  the  ex-parte  examinations  of  his  Provost  Marshals, 
spies,  and  detectives,  how,  we  inquire,  could  his  sense  of  jus- 
tice be  reached  ? 

History,  in  commenting  on  his  acts  of  usurpation  and 
tyranny,  will  tear  off  the  veil  of  "  Honest  Old  Abe,"  and  place 
him  as  a  bad  man  side  by  side  with  Louis  XL  and  Lucretia 
Borgia,  possessing  their  malignity,  without  their  virtue  or 
courage. 

When  the  order  came  for  Mr.  Johnson's  discharge,  and  he 
was  told  he  was  free,  liberty  itself  was  not  a  boon  that  was 
to  be  accepted  without  placing  himself  in  a  position  to  be 
vindicated,  knowing  that  an  Administration  that  had  wan- 
tonly violated  the  rights  of  the  citizen,  would  not  stop  at 
the  act  of  destroying  the  records  of  his  incarceration.  He 
determined  to  carry  with  him  evidence  of  their  guilt.  How 
to  get  it  was  the  question.    Mr.  Johnson  was  not  long  in 


MADISON    Y.  JOHNSON. 


529 


devising  a  plan  to  obtain  what  lie  wanted.  He  insisted  he 
might  be  rearrested,  unless  he  had  a  written  discharge,  reca- 
pitulating all  the  facts  of  his  arrest,  removal,  detention,  and 
discharge,  with  certified  copies  of  Stanton's  orders.  Not 
thinking  they  were  furnishing  the  only  link  not  in  their 
power  to  destroy,  connecting  them  with  the  outrage,  they  gave 
Mr.  J.  the  desired  certificate  of  discharge.  Armed  with  this, 
well  might  Lincoln  exclaim,  "  He  has  given  us  more  trouble 
than  all  the  political  prisoners."  If  his  departure  from  home 
was  in  mystery  and  silence,  his  return  was  in  enthusiasm 
and  joy. 

We  copy  from  the  daily  "  Democrat,"  of  December  24, 
1862,  his  return  home : 

"  The  progress  of  M.  T.  Johnson  and  David  Sheean  from  the 
Eepublican  Bastiles  toward  their  homes  in  Galena,  was  such  as 
could  not  fail  to  be  highly  gratifying  to  them,  and  not  less  so  to 
their  thousands  of  sympathizing  friends.  At  Chicago  they  were 
honored  by  an  extemporaneous  ovation,  which  demonstrated  the 
fact  that  the  petty  tyranny  of  the  Eepublican  rulers  was  justly 

repudiated  At  Freeport,  the  enthusiasm  of  the  people 

burst  forth  in  a  way  to  convince  all  but  the  wilfully  blind  that 
arbitrary  arrests  in  Illinois  had  ended,  and  that,  despite  all  the 
endeavors  on  the  part  of  the  Union  haters  to  perpetuate  the 
reign  of  terror,  the  people  were  sternly  demanding  the  right  to 
think,  to  speak,  and  to  act  in  accordance  with  their  own  cherished 
convictions. 

"  At  Scale's  Mound  and  Council  Hill,  similar  and  equally  enthu- 
siastic demonstrations  were  made,  but  it  remained  for  the  Dem- 
ocrats of  Jo  Daviess  County  to  crown  the  glory  of  this  most  mag- 
nificent expression  of  public  joy  in  Galena,  where  the  'honorably 
discharged '  and  now  triumphant  victims  of  lawless  oppression 
were  best  known  and  most  justly  appreciated.  A  'dozen  bonfire* 
crowned  the  high  places  by  which  the  city  is  surrounded.  The 
murky  darkness  of  the  night  was  dispelled  by  numberless  rock 
ets,  and  the  city  was  adorned  by  a  brilliant  illumination  and 
beautiful  transparencies.  At  the  depot,  thousands  were  in  wait- 
ing to  welcome  to  their  homes  the  now  1  honorably  discharged ' 
victims  of  lawless  power;  and  on  the  arrival  of  the  train  which 
84 


530 


AMERICAN  BASTILE. 


brought  Messrs.  Johnson  and  Sheean  from  Chicago,  shout  aftei 
ehout  and  cheer  after  cheer  went  up  in  testimony  of  the  joy  that 
was  felt  by  every  heart,  while  the  very  heavens  were  lit  up  by 
the  grand  display  of  fireworks  and  innumerable  torches  borne 
by  the  joyful  and  deeply  excited  crowd.  A  short  but  eloquent 
speech  of  welcome  was  delivered  by  Mr.  Shissler,  at  the  house  ol 
Mr.  Johnson,  which  was  feelingly  responded  to  by  Mr.  Johnson 
and  Mr.  Sheean.  They  were  then  escorted  through  the  princi- 
pal streets  to  the  City  Hall.  On  the  arrival  of  the  procession 
the  display  of  fireworks  was  magnificent  beyond  description,  and 
the  exultant  cheers  of  the  multitude  were  sufiiciently  powerful 
to  1  create  a  soul  under  the  ribs  of  death.'  Here  the  large  assem- 
bly  was  addressed  by  Messrs.  Johnson,  Sheean,  Mahony,  Bichards, 
Samuels,  Hutchins,  and  Baggs,  after  which  the  crowd  dispersed. 

"The  speech  of  Mr.  Shissler  was  able  and  eloquent.  He  said : 
1  Madison  Y.  Johnson  and  David  Sheean:  It  is  my  happy  duty,  in 
behalf  of  the  people,  to  express  their  heartfelt  joy  in  greeting 
you  on  your  return  from  a  cruel,  tyrannical  imprisonment.  To- 
night, the  public  heart,  kindled  with  wild  delight,  extends  to  you 
a  warm,  enthusiastic  welcome.  You  are  welcome  because  you 
have  stood  up  like  noble  and  heroic  men  when  the  rights  and 
liberties  of  American  citizens  here  have  been  outraged  and 
trampled  down.  Your  prompt,  decided,  and  energetic  action  in 
opposing  this  mad  spirit  of  Abolition  fanaticism,  which  threat- 
ened to  destroy  every  expression  of  constitutional  liberty  in  our 
midst,  caused  you  to  become  the  shining  mark  for  Government 
spies  and  official  assassins.  When  you  were  dragged  away  and 
imprisoned  in  Abolition  Bastiles,  as  the  Constitution  was  violated 
in  the  person  of  one  of  you,  it  was  violated  as  to  all  citizens. 
Your  cause  then  became  the  people's  cause.  When  you  suffered 
a  long  and  painful  imprisonment,  it  was  in  support  of  our  com- 
mon  rights  under  the  Constitution.' 

"  He  concluded  his  eloquent  address  as  follows :  i  In  all  ages, 
men  who  have  dared  to  oppose  a  tyrant's  mandate,  have  been 
called  disloyal.  The  ancient  Eastern  king  had  his  furnace  of  fire 
in  which  to  destroy  all  men  who  would  not  obey  the  flat  of 
arbitrary  Executive  power.  Our  king  has  his  Bastiles  in  which 
to  imprison  all  citizens  who  proclaim  their  adherence  to  the  Con- 
stitution and  laws    And,  as  the  furnace  of  fire  has  caused  that 


MADISON    Y.  JOHNSON. 


531 


ancient  king  to  be  remembered  only  for  his  crimes,  wickednessj 
and  folly,  so  the  Bastiles  of  this  country  will  perpetuato  the 
ignominy  and  disgrace  of  our  king  down  to  the  latest  genera- 
tions. Sirs,  you  have  passed  through  a  more  than  fiery  ordeal, 
but  you  have  come  out  crowned  with  the  laurel-wreath  of  victory, 
with  your  character  unstained,  your  honor  unsullied,  and  your 
manhood  untarnished.  In  addition  to  the  outrages  suffered  by 
you,  these  usurpers  and  satraps  endeavored  to  impose  conditions 
which  would  have  brought  shame  and  dishonor  upon  you.  But 
you  displayed  a  calm  courage,  an  unbending  integrity,  a  manly 
heroism,  which  can  never  be  forgotten,  and  which,  while  it  serves 
as  an  example,  to  excite  our  admiration  and  challenge  imitation, 
it  will  also  exist  as  a  memorial  of  tyranny,  and  perpetuate  the 
infamy  of  the  present  Administration.  All  hail,  noble  compa- 
triots; welcome,  thrice  welcome,  once  more,  to  your  homes.' 

"  Eesponse  of  Mr.  Johnson  :  1  Mr.  Speaker,  and  you,  my  friends 
and  fellow-citizens :  I  have  no  language  that  can  express  to  you 
my  feelings  at  so  grand  and  triumphant  a  reception  as  meets  our 
view  on  this  occasion  ;  neither  have  I  the  vanity  to  believe,  that 
any  personal  popularity  of  Mr.  Sheean  or  myself  could  have 
induced  the  multitude  that  I  see  before  me,  to  subject  themselves 
to  the  inconvenience  of  both  rain  and  mud  to  be  present.  But 
let  me  attribute  it  to  the  real  cause :  that  you  are  here  to  testify 
your  approbation  of  our  course,  and  vindicate  constitutional  lib- 
erty and  personal  security,  as  the  same  has  been  struck  down  in 
our  pe»sons. 

"  'N?ar  four  months  ago,  by  the  arbitrary  and  despotic  acts  of 
one  of  the  chief  clerks  of  the  present  Administration,  without 
authority,  or  any  of  the  forms  of  law,  but  in  palpable  violation 
of  the  Constitution  of  the  United  States  and  this  State,  two  of 
your  citizens  were  kidnapped,  one  in  the  very  presence  of  the 
Court,  and  with  his  knowledge,  if  not  his  approbation,  and  trans- 
ported beyond  the  State  some  twelve  hundred  miles,  and  incarce- 
rated in  a  Military  Bastile,  where  it  is  a  crime  in  the  estimatioi; 
of  this  Administration  to  attempt  to  avail  yourself  of  the  protec 
tion  of  the  laws  of  your  country  to  get  a  hearing  before  any  tri. 
bunal  known  to  the  law.  Such,  however,  my  friends,  is  the 
enormity  of  the  outrages  this  beneficent  Administration  is  daily 
perpetrating  on  American  citizens,  that  it  woukl  shame  an  Aus- 
trian despotism  when  its  venality  and  tyranny  are  exposed.  J 


532 


AMERICAN  BASTILE. 


was  arrested  by  order  of  the  Secretary  of  War,  on  a  telegraphio 
despatch,  while  engaged  in  the  defence  of  a  murder  case,  and 
have  been  transported  across  a  half-dozen  free  States,  confined  in 
two  Military  Forts  of  the  United  States,  and  also  in  the  House  of 
Detention  in  New  York,  under  the  care  of  that  estimable  pro- 
tector of  female  character,  the  Kennedy  of  Mrs.  Brinsmade  noto- 
riety; and  during  all  this  time,  I  have  assiduously  tried  to  find 
out  what  I  was  charged  with,  or  who  was  my  accuser,  by 
repeated  applications  of  myself  and  my  friends,  to  the  President, 
the  Secretary  of  War,  the  Judge  Advocate,  and  every  military 
commander  in  whose  charge  I  have  been  placed;  and  to-day, 
after  nearly  four  months'  imprisonment,  I  am  turned  out,  without 
any  information  as  to  who  was  my  accuser,  or  what  offence  1 
was  charged  with,  notwithstanding  I  offered  to  submit  myself  to 
trial  before  any  tribunal  they  might  appoint,  either  civil  or  mili 
tary,  or  a  drum-head  court-martial,  and  to  defend  every  act  of 
my  life  against  the  laws  of  my  country. 

" 'Such  is  a  part  of  the  usurpation  and  tyranny  that  are  prac- 
tised by  this  fanatical  Administration  on  free  American  citizen* 
I  want  to  call  their  attention  to  a  portion  of  French  history;  it 
may  be  suggestive  to  them  of  an  episode  in  the  management  of 
the  Bastiles  in  America.  It  is  said  when  ihe  heads  of  Eobes 
pierre,  Danton,  and  Marat,  and  the  chief  actors  in  the  reign  of 
terror,  came  to  the  guillotine,  or  were  laid  low  by  the  poniard, 
the  Bastiles  were  opened,  and  the  people  regained  some  of  the 
liberties  they  had  lost.  I  have  no  time  to  teach  history;  I  caD 
only  allude  to  it  in  passing  

"  *  In  conclusion,  I  thank  you  again  and  again  for  this  demon- 
stration in  favor  of  civil  liberty  and  personal  security.  We  may 
now  say  the  padlock  is  taken  off  our  mouths.  The  backbone  of 
arbitrary  arrests  is  broken ;  civil  and  constitutional  liberty  once 
more  proclaimed ;  and  may  the  infamous  scoundrel  be  paralyzed 
when  he  seeks  to  introduce  again  a  reign  of  terror  or  hold  the 
rights  and  liberties  of  any  of  our  citizens  by  despotic  power. 
Any  man,  high  or  low,  in  office  or  out  of  office,  that  would  vio- 
late the  Constitution  on  any  pretext,  or  for  any  purpose,  is  a 
traitor,  not  only  to  the  laws  of  his  country,  but  to  civil  liberty, 
and  will  yet  be  brought  to  that  just  punishment  he  so  richly 
merits.' " 


MADISON    Y.  JOHNSON. 


533 


ADDENDUM. 

After  Mr.  Johnson's  release,  he  commenced  legal  proceed- 
ings against  J.  Russel  J  ones,  present  Minister  at  the  Conrt 
of  Brussels,  John  G-.  Hawkins,  0.  P.  Hopkins,  Bradner 
Smith,  and  E.  B.  Washburne,  present  Minister  to  France, 
who  undertook  to  justify  Mr.  Johnson's  arrest  by  filing  in 
the  "War  Department  false  affidavits  as  to  his  disloyalty. 

We  have  just  received,  as  we  are  about  to  go  to  press, 
the  result  of  the  suit,  which  has  terminated  so  signally  in 
favor  of  Mr.  Johnson,  and  also  in  favor  of  those  personal 
rights  once  so  sacred  in  the  estimation  of  the  American 
citizen. 

The  defendants,  on  trial,  set  up  not  only  the  scurrilous  and 
unfounded  matters  previously  urged  in  justification  of  Mr. 
Johnson's  arrest,  but  also  the  two  acts  of  Congress  (see  Appen- 
dix) legalizing  all  arrests  made  by  the  President's  order ;  and 
a  "  loyal "  Circuit  Court,  releasing  all  causes  of  action  and 
damages  to  the  injured  party,  held,  in  effect,  that  no  one 
arrested  by  President  Lincoln's  order,  "had  any  rights  that  a 
loyal  Court  was  bound  to  respect."  The  case  was  thence  ap- 
pealed to  the  Supreme  Court,  where,  in  an  able  opinion,  quite 
the  reverse  was  held,  and  substantially  as  follows : 

That  the  President  had  no  such  powers  as  those  exercised 
in  this  arrest,  and  that  he  and  all  those  acting  under  his 
orders  were  trespassers. 

That,  in  his  military  capacity,  his  authority  was  restricted 
to  the  lines  of  the  army. 

That  he  could  not  declare  martial  law,  or  suspend  tne  writ 
of  habeas  corpus,  except  in  districts  where  war  actually  ex- 
isted. 

That  Congress  had  no  power  to  pass  legalizing  acts  in  sup 
port  of  the  Executive  assumption,  and  that  they  were  cou 
eequently  void. 

That  such  power,  as  claimed  for  the  President  and  ha 
subordinates,  cannot  safely  be  intrusted  to  any  Government 


584 


AMERICAN  BASTILE. 


by  a  people  claiming  to  be  free.  Where  it  is  only  limited  hj 
his  discretion,  it  is  an  absolute  despotism,  and  constitutional 
government  merely  a  theory. 

Finally,  after  striking  out  all  the  defence,  the  Supreme  Court 
sent  the  case  back,  to  have  the  plaintiff's  damages  assessed  ,when 
the  following  judgment  was  entered  of  record  in  the  Court : 

"State  of  Illinois,  Jo  Daviess  County.  —  Circuit  Court, 
May  Term,  1869. 

"  Madison  Y.  Johnson  vs.  J.  Eussel  Jones,  John  C.  Hawkins, 
O.  P.  Hopkins,  E.  B.  Washburne,  and  Bradner  Smith. —  Trespass 
for  false  imprisonment. 

u  And  now  come  the  said  defendants,  Jones,  Hawkins,  and 
Hopkins,  and  admit  that  the  said  pleas  heretofore  filed  by  them 
in  said  case,  and  the  matters  and  things  therein  set  forth  against 
said  plaintiff,  are  untrue  in  substance  and  in  fact;  and  the  defend- 
ants ask  leave  of  the  Court  to  withdraw  the  same,  which  is 
granted  by  the  Court.  And  the  said  defendants  further  confess 
the  wrongful  trespass  and  imprisonment  set  forth  in  said  declara- 
tion, and  that  the  said  defendants  are  guilty  in  manner  and  form 
as  therein  stated,  and  that  said  plaintiff  has  sustained  great 
damage  thereby;  and  said  defendants  further  confess  that  the 
said  seizure  and  imprisonment  of  said  plaintiff  was  wrongful, 
unjustifiable,  and  without  cause;  and  the  said  plaintiff  was  inno- 
cent of  the  violation  of  any  law,  or  of  doing  any  act  inimical  to 
the  Government  of  the  United  States;  and  that  said  plaintiff  did 
no  act,  used  no  expression,  or  exercised  any  influence  to  the 
knowledge  of  these  defendants,  that  was  not  in  support  of  the 
Government,  the  Constitution,  and  the  laws. 

"And  inasmuch  as  said  suit  was  brought  by  said  plaintiff  for 
a  personal  vindication  of  his  character  and  conduct  as  a  citizen, 
he  releases  the  said  damages,  except  as  to  the  sum  of  one  thou- 
sand dollars  for  costs  and  expenses  incurred  by  said  plaintiff 
on  account  of  said  wrongful  seizure  and  imprisonment.  It  is 
thereupon  considered  by  the  Court,  that  the  said  plaintiff  have 
and  recover  of  and  from  the  said  defendants,  Jones,  Hawkins, 
and  Hopkins,  the  said  sum  of  one  thousand  dollars,  and  cost  of 
•uit,  and  that  execution  issue  therefor. 

"Filed  and  entered  of  record  May  24,  1869." 


MADISON    Y.  JOHNSON. 


535 


Thus  terminated  the  suit  brought  by  Mr.  3  ahnson. 

We  venture  to  say  there  is  not  one  case,  among  all  the 
prisoners  mentioned  in  this  volume,  which  would  not  have 
ended  the  same  way  before  any  impartial  court  or  jury. 

What  must  the  Courts  of  France  and  Belgium  think  of 
our  present  national  representatives,  when  this  record  of  their 
deliberate  infamy  and  admitted  shame  is  spread  before  them? 


V 


GEORGE  A.  HUBBELL,  THE  NEWSBOY. 


"VJ^EITHER  age,  sex,  nor  condition  was  free  from  the  grasp 
of  arbitrary  power  during  the  long  night  of  political 
persecutions  that  enshrouded  the  land  under  the  Administra- 
tion of  Abraham  Lincoln.  The  old  man,  tottering  on  the 
verge  of  the  grave,  and  the  lad  not  yet  old  enough  to  dis- 
criminate between  right  and  wrong,  alike  felt  the  heavy 
hand  of  the  oppressor,  as  they  were  rudely  and  ruthlessly 
snatched  up  by  Government  officials,  and  unceremoniously 
thrust  into  nauseous  guard-houses  or  dismal  casemates.  The 
lady  whose  sense  of  honor  and  independence  would  not  per- 
mit her  to 

14  Crook  the  pregnant  hinges  of  the  knee, 
Where  thrift  may  follow  fawning;  " 

or  she  whose  charity  and  humanity  prompted  her  to  minister 
to  the  wants  of  the  dying,  not  in  sympathy  with  the  Ad- 
ministration ;  and  the  humble  Irishman,  who  could  not  be 
induced  to  turn  informer  on  his  neighbors,  shared  the  same 
fate,  and  became  the  occupants  of  a  felon's  cell. 

George  A.  Hubbell,  of  Bridgeport,  Connecticut,  was  in- 
carcerated in  Fort  Lafayette  on  the  20th  of  September,  1861. 
He  was  a  small  newsboy  —  a  cripple  —  who  made  a  scanty 
living  by  selling  newspapers  on  the  cars  of  the  Xaugatuck 
Railroad.  He  was  arrested  as  he  was  stepping  on  the  train 
to  make  his  daily  journey. 

As  no  charge  was  preferred  against  him,  and  no  authority 
shown  for  the  commission  of  such  an  outrage,  this  poor  little 
fellow,  who  had  done  no  wrong,  was  bewildered  with  grief 
and  astonishment  at  finding  himself  a  prisoner,  and  on  hi9 
way  to  Fort  Lafayelte.    'Sot  does  he  yet  know  why  he  was 

*636 


GEORGE    A.  HUBBELI. 


537 


arrested,  unless  it  was  because,  a  short  time  before,  ho  had 
been  to  New  York,  and  bought  a  few  copies  of  the  New 
York  "  Daily  News  "  —  a  paper  which  was  obnoxious  to  the 
Administration,  but  which  had  not  then  been  suppressed  — 
and  furnished  them  to  his  old  customers  on  his  daily  route. 

He  can  imagine  no  other  grounds  for  his  arrest  and  im- 
prisonment, as  he  had  not  "spoken  disrespectfully  op 
President  Lincoln"  —  had  not  "attempted  to  discourage 
enlistments  "  —  had  not  said  "  it  was  unconstitutional  for 
the  President  to  call  out  75,000  men  without  the  consent 
of  Congress " — had  not  said  "the  war  would  be  a  failure" 
—  nor  had  he  "  attempted  to  run  the  blockade." 

This  poor,  little,  penniless,  and,  most  likely,  friendless 
cripple  was  confined  in  a  damp  casemate  of  the  Fort  until 
the  26th  of  September,  when  he  was  released.  He  was  as 
much  surprised  at  his  release  as  he  was  at  his  arrest  and  im- 
prisonment. He  was  astonished  at  the  magnanimity  of  the 
u  Government "  in  discharging  a  prisoner  so  formidable, 
without  first  subjecting  him  to  the  inquisition  of  the  Bureau 
of  Military  Justice. 


WALTER  S.  HA  WEES. 


ITT  ALTER  S.  HA  WEES  was  born  in  Somersetshire  County, 
' *  England,  and  on  the  2d  day  of  December,  1826.  He  was 
educated  in  his  father's  office  for  the  profession  of  a  surveyor 
and  civil  engineer,  and  served  in  both  capacities  on  railroads 
in  Wales. 

He  migrated  to  the  United  States  in  the  fall  of  1850,  and 
for  many  years  held  positions  on  the  Ohio  Central,  Cin- 
cinnati, Hamilton  and  Dayton  Railroads,  and  others.  He 
has  never  taken  an  active  part  in  politics,  although  he 
espoused  Democratic  principles,  and  has  uniformly  voted  with 
that  party. 

About  two  o'clock  on  the  morning  of  the  22d  of  August, 
1862,  he  was  arrested  at  his  house  in  Tamaroa,  a  town  on 
the  Illinois  Central  Railroad,  by  a  party  of  armed  soldiers, 
and  marched  to  the  depot.  There  a  special  train  was  in 
waiting,  under  the  charge  of  Major  Board,  of  Ashley,  Hli- 
nois,  who  had  with  him  a  guard  of  forty  soldiers. 

At  the  depot  he  met  his  friends,  Dr.  Ross,  Dr.  W.  E. 
Smith,  Bedford  Turman,  William  Haynes,  and  Rev.  0.  H. 
McCarver,  who  had  just  arrived,  and  who  were  likewise 
under  arrest. 

Major  Board  showed  no  authority  for  the  arrests,  but  it  ia 
presumed  that  he  was  acting  under  orders  of  the  Provost 
Marshal  of  the  District. 

Mr.  Hawkes  has  since  learned  the  modus  operandi  of  these 
arrests.  It  appears  that  Zebedee  P.  Curlee,  William  Woods, 
and  D.  C.  Barber,  members  of  the  Union  League  of  Tamaroa, 
made  a  written  statement,  (the  precise  contents  of  which 
have  not  been  made  public,)  hiring  a  fellow  —  a  non-resident 
of  the  State,  and  wholly  unknown  at  Tamaroa  —  to  swear  to 

538 


WALTER    S.  HAWKES. 


539 


it  under  an  assumed  name,  before  Henry  Clay,  Notary  Public, 
who  was  also  a  member  of  the  League.  This  paper  was 
transmitted  to  "Washington,  and  upon  it,  it  is  supposed,  the 
order  was  issued  to  Provost  Marshal  Phillips,  for  the  arrest 
of  Mr.  Hawkes,  and  many  citizens  of  his  and  the  adjoining 
counties.  Subsequently,  the  prisoner,  Mr.  Hawkes,  saw  the 
paper  in  the  hands  of  Judge  Advocate  Turner,  at  his  office 
in  Washington,  D.  C. 

He  was  taken  directly  to  Washington  City,  and  imprisoned 
in  the  "  Old  Capitol,"  where  he  remained  for  six  weeks  in 
close  confinement,  guarded,  and  furnished  with  very  indif- 
ferent food.  It  was  currently  reported  at  that  time  that  the 
inmates  of  the  building  numbered  four  hundred.  At  the 
3xpiration  of  the  above-stated  time,  Mr.  Hawkes  was  released, 
without  any  charge  having  been  preferred  against  him,  or 
any  trial  granted  him. 

The  room  in  which  he  was  confined  contained  eighteen 
Illinois  prisoners,  six  of  whom  were  from  his  immediate 
neighborhood;  the  balance  from  adjoining  counties,  some  of 
whom  remained  in  prison  for  six  months. 

Mr.  Hawkes  is  now  residing  at  Dubois  Post  Office,  on  tha 
Illinois  Central  Railroad. 


REV.  HENRY  M.  PAYNTER. 


THERE  are  some  features  in  the  sufferings  endured  by 
Rev.  H.  M.  Paynter,  of  Booneville,  Missouri,  during  his 
imprisonment,  which  warrant  a  somewhat  lengthened  narra- 
tive. Descended  from  an  ancient  family,  he  inherited  true 
love  of  country  from  a  sire  whose  blood  was  spilled  in  the 
Revolutionary  War,  and  whose  name  has  honorable  renown. 

The  blood  of  those  who  suffered  for  righteousness'  sake 
flows  in  his  veins,  his  ancestors  having  been  compelled  to  flee 
from  France  upon  the  Revocation  of  the  Edict  of  Nantes. 
After  some  years  of  pleasant  and  profitable  labor  in  the  min- 
istry at  Vicksburg,  he  entered  upon,  as  he  supposed,  his  life- 
long labors  at  Booneville,  Missouri.  There,  for  6even  years, 
had  he  cultivated  the  field  assigned  him  by  Providence ;  and 
his  labors  in  the  Lord's  vineyard  were  greatly  blessed  to  the 
good  and  growth  of  the  Church. 

Beside  the  cultivation  of  his  own  field,  his  labors  in  differ- 
ent parts  of  the  State  were  attended  with  the  divine  bless- 
ing. Fulton,  Brunswick,  Columbia,  Lynn  Creek,  Glasgow, 
and  Reth  Counties  witnessed  manifestations  of  grace,  which 
greatly  refreshed  God's  people,  and  largely  added  to  the 
number  of  believers  in  the  Lord.  There  was  he  employed 
when  the  war  began. 

Although  he  sympathized  with  the  people  in  the  South 
he  opposed  secession  as  both  wrong  and  heretical ;  teaching 
his  people  that  it  was  the  Christian's  duty  to  be  subject  to 
the  powers  that  be ;  since  it  was  not  theirs  to  make  or  to 
unmake  government ;  but  only  to  be  faithful  to  Christ  their 
King.  His  views  were  expressed  in  a  discourse,  preached 
January  4,  1861,  and  published  at  the  request  of  his  people, 
and  which  obtained  a  very  wide  circulation  at  the  time. 

640 


EEV.    HENRY    M.  PAYNTER, 


541 


When  Mr.  Lincoln  was  inaugurated,  Mr.  Paynter  taught 
his  people  that  it  was  their  duty  to  give  him  that  support 
and  honor  to  which  he  was  entitled  as  President  of  the 
United  States.  Both  in  his  public  ministrations  and  private 
work  he  enforced  this  duty  by  his  example.  His  Sabbath- 
day  prayers  for  the  President  were  strongly  objected  to  by 
some  of  his  people.  Thereupon  he  delivered  a  lecture  upon 
the  duty  of  every  Christian  to  give  all  due  allegiance  to 
whatsoever  Government  he  was  under,  and  whose  protection 
he  enjoyed. 

Whatever  might  be  the  relation  of  the  seceded  States  to 
the  General  Government,  Missouri  had  not,  by  any  act  of 
her  people,  renounced  her  allegiance ;  and  that  consequently 
Christians  in  her  borders  should  be  peaceable,  law-abiding 
citizens  of  the  same.  And  the  duty  to  remember  in  all  pub- 
lic prayers  the  President  of  the  United  States,  as  the  Presi- 
dent, is  plain  from  1  Tim.  ii.  1,  2,  and  all  similar  passages. 
In  fine,  all  Christians  should  be  peaceable,  law-abiding  citi- 
zens, walking  as  Christ  walked,  and  in  nothing  acting  con- 
trary to  deep  and  devoted  loyalty  to  Christ  their  King. 

The  result  was  satisfactory.  The  church,  though  divided 
in  sentiment  politically,  continued  united,  nor  was  any  objec- 
tion subsequently  made  to  the  pastor's  praying  for  the  Presi- 
dent. At  the  same  time  he  believed  in  the  right  of  private 
judgment,  and  clung  firmly  to  the  cardinal  truth,  that 
"  God  alone  is  Lord  of  the  conscience."  Opposed  to  secession 
as  disintegration  and  civil  death,  he  yet  could  not  become  a 
partisan  in  the  strife,  nor  approve  of  all  that  was  done  in 
maintaining  the  Union. 

As  pastor,  he  took  no  side,  but  labored  for  all.  After 
Booneville  was  occupied  by  the  Federal  forces,  he  gave  his 
labors  cheerfully  to  the  soldiers.  He  gave  them  an  invitation 
to  worship  with  his  people.  He  visited  them  in  their  sick- 
ness ;  they  shared  in  his  prayers  for  their  good.  As  a  minis- 
ter of  Christ,  he  labored  to  promote  their  spiritual  welfare, 
and  from  great  numbers  did  he  receive  expressions  of  grati» 


542 


AMERICAN  BASTILE. 


tude  for  his  interest  in  their  welfare ;  and  when  a  prisoner, 
their  uniform  kindness  was  a  grateful  return. 

The  following  extract  from  a  pamphlet  published  by  Mr. 
Paynter  during  the  war,  explains  very  clearly  his  position  at 
that  time:  "I  close  with  my  confession  of  political  faith.  I 
owe  my  Government  allegiance,  and  cheerfully  give  it.  But 
more,  the  sentiment  of  loyalty  is  deep  and  cherished.  I  love 
my  country,  my  whole  country.  Opposed  as  I  am  to  those 
measures  which  I  believe  are  fraught  with  incalculable  evil, 
I  yet  say,  stand  by,  and  sustain  the  flag,  the  emblem  of  our 
nationality  and  glory.  Secession  is  disintegration,  is  political 
death.  One  flag,  one  destiny.  The  people  should  never  con- 
sent to  see  one  stripe  erased,  or  one  star  blotted  out,  and  my 
profound  conviction  is,  they  will  not  be ;  but  that  we  shall 
come  out  of  this  conflict  a  united  people,  a  prosperous  and 
powerful  nation.    May  God  hasten  the  time." 

Some  time  in  August,  1861,  he  was  very  greatly  surprised 
at  seeing  a  squad  of  soldiers  approaching  him  with  a  written 
demand  to  bring  his  body  forthwith  to  the  commander. 
Upon  reaching  the  encampment,  this  astonishment  was  in- 
creased at  seeing  five  respectable  citizens  escorted  with  him- 
self into  the  presence  of  the  commander.  They  were  W.  G. 
Burr,  cashier  of  the  bank ;  H.  M.  Ells,  a  physician  ;  J.  ~W. 
Draflin,  a  lawyer;  R.  D.  Perry,  a  retired  merchant,  and  J. 
W.  Harper,  a  druggist.  The  officer  told  them  he  had  no 
charges  against  any  of  them,  but  that  he  expected  to  be  at- 
tacked by  the  rebels,  and  must  defend  himself.  He  had  ar- 
rested them  as  persons  of  great  influence,  whose  sympathies 
were  with  the  South ;  that  he  held  them  as  hostages ;  that 
if  their  friends  desired  to  save  their  lives,  they  must  find  out 
where  the  enemy  was,  and  keep  him  away ;  for  if  an  attack 
was  made  upon  him,  he  would  put  his  prisoners  up  as  tar- 
gets, and  if  the  conflict  became  severe,  their  lives  should  be 
the  forfeit  for  the  lives  of  his  men. 

The  statement  astonished  the  prisoners,  as  they  were  pro- 
foundly ignorant  of  any  movement  of  the  enemy,  their  where- 
abouts, or  their  designs.    A  firm  but  respectful  remonstrance 


REV.    HENRY    M.  PAYNTER. 


543 


w&b  uselessly  urged,  and  all  were  put  in  prison  to  await  the 
day  of  attack. 

Some  days  after,  the  six  were  all  aroused  about  daylight, 
by  the  post  commander,  with  the  startling  statement,  "  that 
the  rebels  had  begun  the  attack,  and  that  they  must  take 
their  chances  of  life  with  his  soldiers."  They  were  marched 
within  the  intrenchments,  and  ordered  into  a  tent.  After 
the  conflict  had  continued  some  time,  and  the  rebels  were 
preparing  to  carry  the  works  by  storm,  by  bayonet  thrusts, 
accompanied  by  the  most  frightful  cursing  and  oaths,  the 
prisoners  were  ordered  to  mount  the  works  and  be  shot  by 
the  advancing  rebels  ;  or,  "  if  their  shots  fail,  we  will  shoot 
you  ourselves,"  said  the  demoniacal  captors. 

No  alternative  was  left  but  to  obey,  although  they  believed 
they  were  going  to  certain  death. 

Just  before  the  works* were  charged,  the  commander  pro- 
posed that  if  any  of  the  prisoners  would  go  out  and  dissuade 
the  rebels  from  the  charge,  their  lives  should  be  spared.  In 
the  midst  of  a  literal  storm  of  balls,  Wm.  G.  Burr,  the  one 
selected  by  the  commander,  passed  out  into  the  ranks  of  the 
foe,  and  by  his  representations  induced  General  Poindexter  to 
recall  the  storming  parties,  and  cease  the  conflict.  The  prize 
to  be  gained  was  the  post,  and  large  quantities  of  military 
stores ;  and  just  as  that  prize  was  within  his  grasp,  he  gave 
up  all,  rather  than  sacrifice  the  six  non-combatant  men,  whose 
lives  would  be  the  forfeit  of  his  success. 

The  firing  having  ceased,  the  commandant  sent  a  paper, 
of  which  the  following  is  an  exact  copy,  to  the  commander 
of  the  opposing  forces : 

"  The  secession  forces  agree  herewith  to  withdraw  from  Boone- 
ville  and  vicinity,  forthwith,  two  miles,  not  to  renew  any  attack 
upon  Union  people,  and  forces  of  Booneville  and  vicinity.  There 
are  not  more  than  seven  men  allowed  to  come  to  town  at  any 
time  to  procure  their  necessary  supplies.  The  arms  of  the 
wounded  and  dead  have  to  remain  on  the  ground  where  they 
fell.  For  this  consideration,  the  Union  forces  will  agree  to  an 
irmistice  for  the  time  of  seven  days,  and  release  thoir  hostages, 


544 


AMERICAN  BASTILE. 


with  the  exception  of  one,  Mr.  Paynter,  with  the  understanding 
that  if  these  stipulations  are  not  carried  out  honestly,  he  will 
have  to  die  forthwith. 

(Signed)  Jos.  A.  Eppstein, 

Major  Commanding 
u  Hostages  on  our  side  have  to  be  released. 
"  September  13,  1861." 

"  The  above  is  a  true  copy  of  an  armistice  signed  by  Major 
J.  A.  Eppstein. 

"Committee  appointed  by  Major  Eppstein, 

(Signed)  Edmund  Gray, 

George  Yolrath." 

Two  incorrect  impressions  rest  upon  the  reader  of  this 
paper.  No  attack  was  made  upon  any  citizen  nor  any  person 
arrested  by  the  opposing  forces. 

His  fellow-prisoners  were  released,  but  Mr.  Paynter  was 
detained,  and  although  every  stipulation  of  the  enemy  was 
faithfully  carried  out,  he  did  not  obtain  his  liberty  until  after 
the  fall  of  Lexington,  Missouri,  when  he  was,  through  the 
unsought  but  kind  offices  of  General  Price,  set  free.  Person- 
ally, Mr.  Paynter  was  treated,  by  both  officers  and  men,  with 
kindness,  so  long  as  Major  Eppstein  retained  command.  But 
during  part  of  the  time  of  that  imprisonment,  a  Colonel 
"Worthington  was  in  command,  and  he  was  made  to  feel  the 
beginning  of  those  sorrows  he  subsequently  endured. 

On  the  first  Sabbath  morning  after  Colonel  Worthington 's 
arrival,  Mr.  Paynter  was  ordered  into  his  presence,  ques- 
tioned closely  as  to  his  thoughts  and  opinions,  condemned 
for  having  so  great  an  influence  as  he  possessed,  denounced 
for  not  taking  an  active  part  in  putting  the  rebellion  down, 
and  then  ordered  back  to  his  private  tent. 

Just  before  leaving  the  presence  of  the  Colonel,  Mr.  Paynter, 
who  had  no  opportunity  to  cleanse  his  person  during  his  im- 
prisonment, and  who  was  then  in  no  enviable  plight,  begged 
the  privilege  of  a  room  for  that  purpose.  "My  men  are  just 
as  good  as  you,  and  if  you  will  not  wash  yourself  before 


BEV.    HENRY    M.  PAYKTEE. 


545 


them,  you  shall  not  wash  at  all,"  was  the  officer's  reply. 
"  I  do  not  deny  your  statement,  but  not  being  accustomed  to 
that  way  of  doing,  I  cannot  accept  your  terms.  Rather 
than  expose  my  person  to  them,  I  will  continue  as  I  am. 
It  is  disgraceful  to  you ;  it  is  no  disgrace  to  me."  "  Then 
you  can  go  back  and  rot  in  filth,  for  all  I  care."  He  was 
accordingly  marched  back  to  muse  upon  the  law  of  kind- 
ness as  exemplified  in  his  case. 

But  he  wa3  not  always  kept  secluded.  One  day  he  was 
conducted  into  a  tent,  which  was  opened  as  wide  as  possible, 
and  ordered  to  lie  down.  Presently  solid  files  of  soldiers  were 
marched,  in  order,  past  the  tent.  Each  file  stopped,  gazed, 
and  railed  at  him.  "  Is  that  the  G —  d —  secession  preacher? 
D —  him !  How  I  would  like  to  shoot  him !  How  I  would 
like  to  hang  him  as  high  as  Haman ! "  and  other  similar  ex- 
pressions. These  gave  way  for  others,  and  thus  was  he  kept 
a  gazing-stock  for  about  the  space  of  two  hours. 

After  his  release,  and  until  again  arrested,  Mr.  Paynter 
discharged  his  duties  as  a  minister  of  Christ,  to  the  remnant 
of  his  people,  who  had  not  been  scattered  by  the  war,  and 
to  the  soldiers  who  waited  on  his  ministrations.  During 
this  interval,  General  Halleck,  then  in  command,  issued  an 
order  requesting  certain  classes  to  come  forward  voluntarily, 
and  show  their  fealty  to  the  Government,  by  taking  the  sim- 
ple civil  oath  of  allegiance,  and  thus  exert  their  influence  in 
assisting  to  restore  quiet  to  the  State.  The  following  cer- 
tificate will  show  Mr.  Paynter 's  position  in  the  premises : 

"  Provost  Marshal's  Office, 
Booneville,  Missouri,  March  5,  1862. 
"  This  is  to  certify  that,  H.  M.  Paynter,  of  Booneville,  Cooper 
County,  Missouri,  has  this  day  filed  his  oath  of  allegiance  to  the 
Government  of  the  United  States,  at  this  office. 

(Signed)  Joseph  A.  Eppstein, 

Provost  Marshal." 

The  Marshal,  while  handing  this  paper,  remarked,  "  I  am 
glad  you  have  done  this.    The  whole  power  of  the  Federal 
Government  is  solemnly  pledged  for  your  protection.  You 
35 


546 


AMERICAN  BASTILE. 


need  not  henceforth  fear  any  molestation  from  our  soldiers, 
and  all  my  power  shall  be  used  to  protect  you  from  acy 
harm."  He  replied,  "All  the  protection  I  ask  is  to  be  al- 
lowed to  labor  quietly  in  my  calling." 

Shortly  after  this  time,  the  arrest  of  citizens  was  an  almost 
daily  occurrence.  The  most  frivolous  pretences  were  given 
as  reasons.  One  covered  the  whole  ground  —  "  military  ne- 
cessity." Some  were  released  soon  after  arrest.  Others  were 
kept  for  months,  and  at  hard  work.  Some  returned  to  their 
homes  with  diseases  contracted  in  prison,  from  which  they 
uever  recovered.    Others  never  returned  home  alive. 

During  those  days,  Mr.  Paynter  learned  the  value  of  the 
assurance  that  had  been  given  him.  He  was  made  to  feel 
the  severities  which  he  had  witnessed  —  and  in  silence 
mourned  over  —  as  wrongs  in  themselves,  and  injuries  to  the 
cause  of  the  Union. 

One  Sabbath  morning  he  was  in  his  pulpit,  preparing  to 
begin  public  worship,  when  one  of  his  elders  stepped  up  to 
him  and  said :  "  The  Federals  are  after  you  again."  Recall 
ing  one  very  sad  scene  in  which  the  preacher  had  been 
dragged  from  his  pulpit,  while  engaged  in  public  prayer,  and 
determined  to  avoid  a  similar  scene  in  his  church,  he  left  the 
pulpit,  and  surrendered  himself  at  the  door. 

The  Provost  Marshal,  when  he  was  taken  before  him, 
remarked:  "I  arrest  you  to  take  the  oath."  "The  oath 
you  offer  you  have  no  right  to  require,  and  no  man  ought  to 
take.  I  cannot  take  it.  The  civil  oath  of  allegiance  I  have 
already  taken."  The  officer,  confounded  at  this  rebuke, 
apologized,  and  let  him  go. 

The  following  Sabbath  he  was  again  arrested,  and,  without 
seeing  any  officer,  was  cast  into  prison.  He  was  afterward 
ordered  into  the  presence  of  the  Provost  Marshal,  Captain 
Haverly,  who  arose  to  his  feet  in  a  towering  passion,  and 
began  a  most  vehement  tirade  of  abuse.  "  You  are  a  traitor 
%nd  a  perjured  villain.  I  am  an  infidel,  but  if  I  was  as  notori- 
ously bad  as  you  are,  I  would  not  preach."  Thus  he  began,  and 
thus  continued  ir.  a  similar  strain,  for  perhaps  five  minutes. 


REV.    HENRY    M.  PAYNTEE. 


547 


The  prisoner  saw  through  his  motive,  which  was  tc  arouse 
passion  and  excite  to  rash  speaking,  and  kept  silent.  When 
he  had  finished,  he  said,  "  What  say  you  to  this  ?" 

Prisoner.  "  You  are  not  my  church  superior.  My  Pres- 
bytery decides  upon  my  ministerial  qualifications.  To  what- 
ever you  may  say,  as  a  military  officer,  I  will  listen ;  because 
I  am  under  your  military  authority." 

Provost  Marshal.  "I  arrest  you,  to  give  bonds  ior 
$7,500." 

Prisoner.  "  That  bond  I  cannot  give.  It  is  an  outrage 
upon  humanity.  Have  I  disturbed  the  peace  ?  Have  I  mo- 
lested any  man's  person  or  property  ?  Have  I  lifted  an  arm 
or  voice  against  the  Government,  or  given  aid  or  comfort  to 
the  enemy  ?  My  manner  of  life  is  well  known  to  all  the  peo- 
ple here,  and  they  can  testify  concerning  the  same.  You 
may.  imprison  or  hang  me,  as  you  threaten,  for  I  am  in  your 
power ;  but  I  will  never  give  you  that  bond.  I  cannot  vio 
late  my  conscience.  I  may  lose  my  life ;  but  I  cannot  con- 
sent to  lose  my  manhood.  If  I  fall,  my  hope  is  in  Jesus,  my 
King.  Him  I  fear.  His  word  I  respect.  His  laws  I  lova 
And  I  fear  not  the  face  of  man.  I  cannot  give  you  that 
bond." 

The  Provost  Marshal,  enraged  at  this  recital,  exclaimed ; 
H  Listen ! "  Then  arising  from  his  seat,  and  pacing  the  room, 
angrily,  he  opened  a  drawer  and  drew  forth  a  paper,  which 
he  read,  and  which  was,  as  nearly  as  Mr.  Paynter  can  recall, 
as  follows : 

CHARGE  OF  TREASON. 

(A  copy  was  refused  the  prisoner ;  but  being  read  three 
times  in  his  hearing,  the  words  were  deeply  impressed  upon 
his  memory.) 

"The  United  States  ] 

vs.  y  Charge — Treason. 

Rev.  H.  M.  Paynter.  ) 

"  Specification  1st  That  the  said  H.  M.  Paynter  was  heard 
to  say,  that  he  believed  the  Southern  Confederacy  would  b* 
■uccessful,  and  he  hoped  it  would  be. 


548 


AMERICAN  BASTILE. 


"  Specification  2d.  That  the  said  H.  M.  Paynter  was  heard 
to  read  a  newspaper,  with  evident  satisfaction,  to  a  crowd  of 
secesh. 

."  In  addition  to  these  there  are,"  he  said,  "grave  charges 
against  you  of  smiling  on  hearing  the  news  of  rebel  victories ; 
of  reading  the  passages  of  Scripture  to  your  people  which  incite 
to  rebellion  ;  and  generally,  of  not  giving  active  co-operation 
and  sympathy  to  the  Union  cause.  The  weight  of  your  influ- 
ence in  this  community  is  for  neutrality ;  not  so  much  by  what 
you  say,  as  by  what  you  do  not  say ;  and  this  cannot  be 
allowed.  You  deserve  to  be  hung ;  and  you  shall  be  tried 
to-morrow  morning  for  the  capital  charge,  and  if  you  get  off 
with  any  less  punishment  than  death,  you  will  not  get  your 
deserts." 

Prisoner.  "Admitting  the  allegations  all  to  be  true,  no 
honest  jury,  under  heaven,  would  convict  a  man  upon  such 
charges  as  those.  But  not  one  of  them  is  true.  I  have  never 
said  that  I  hoped  the  Southern  Confederacy  would  be  suc- 
cessful. I  never  have  hoped  it.  The  blood  of  the  Revolu- 
tion flows  in  my  veins.  I  never  want  to  see  this  country  rent 
in  twain.  To-day  would  I  gladly  give  my  life  to  save  my 
country.  I  have  firmly  held,  and  uniformly  stated,  that 
secession  was  political  death.  I  do  not  want  to  see  the  South- 
ern Confederacy  successful.  As  to  the  second  allegation,  you 
know  that  no  papers  are  allowed  us,  except  such  as  military 
authority  permits.  I  have  never  read  a  forbidden  paper,  and 
any  treason  I  may  have  read  has  been  such  as  the  military 
authorities  allowed.  Except  my  religious  paper,  the  only 
ones  I  have  seen  at  all  are  the  4  Democrat 9  and  '  Republi- 
can/ of  St.  Louis. 

"The  first  and  second  general  charges  are  totally  untrue. 
As  to  the  third,  I  have  not  taken  an  active  part,  and  I  will 
not.  I  am  a  minister  of  Christ.  I  have  stuck  closely  to  my 
calling,  and  I  mean  to  abide  therein.  Part  of  my  people 
sympathize  one  way,  part  the  other.  I  am  pastor  of  both, 
and  believe  I  have  the  respect  and  confidence  of  all.  As  I 
have  done,  so  will  I  continue,  preaching  to  all  who  will  come, 


REV.    HENRY    M.  PAYNIEE, 


549 


and  visiting  and  laboring,  without  any  regard  to  the  private 
opinions  of  those  with  whom  I  live,  and  for  whom  I  toil." 

Then  the  prisoner  asked,  "  Am  I  to  be  tried  by  a  civil 
court  ?  "  "  No,"  was  the  response,  "  and  you  ought  to  be  glad. 
The  most  impartial  and  lenient  court  is  a  military  commission" 
Mr.  Paynter  then  said :  "  All  I  ask  is  an  impartial  trial 
Let  me  confront  the  witnesses.  Let  justice  be  done  me. 
If  I  be  an  offender,  or  have  done  anything  worthy  of  death,  let 
me  die."  "You  shall  have  your  trial  to-morrow  morning," 
retorted  the  officer,  and  the  guard  marched  him  back  to 
prison.  That  trial  he  never  had.  Any  investigation  of  his 
case  that  may  have  taken  place  was  kept  totally  concealed 
from  him.  He  was  imprisoned,  and  ultimately  banished, 
without  any  other  interview  with  those  in  command,  except 
once,  to  hear  his  order  of  banishment  read  to  him. 

Before  leaving  the  Marshal's  office,  he  obtained  permission 
to  have  daily  worship  with  his  fellow-prisoners.  On  the 
Sunday  following,  that  permission  was  recalled,  and  never 
after  renewed.  As  the  prisoners  were  coming  from  breakfast 
one  morning,  one  of  them  remarked  to  Mr.  Paynter:  "  We 
are  not  to  have  any  more  prayers."  "Why  not?  "  said  he. 
"  Such  are  the  orders,  as  I  have  just  now  been  told  by  our 
guard,"  pointing  to  the  corporal  on  duty. 

u  I  have  received  no  such  orders." 

"  No,  nor  will  you.  This  is  the  way  the  praying  is  to  be 
utopped.  The  soldiers  are  to  surround  the  prison,  and  sing 
vulgar  songs  until  it  is  time  for  us  to  lie  down." 

Strange  as  this  statement  may  sound,  it  was  verified. 
Night  after  night  the  prisoners  were  sickened  by  the  vulgar 
and  licentious  songs,  which  completely  destroyed  all  opportu- 
nity for  worship. 

The  prison  was  a  frame  building  —  nothing  but  boards  on 
the  sides,  and  the  roof  above.  The  windows  had  bars,  but 
no  glass.  There  were  no  seats  but  boards.  Hay  constituted 
the  beds.  The  place  was  filthy  and  forbidding.  The  daily 
fare  was  hardtack,  flitch,  and  coffee. 

Mr.  Paynter  says :  u  How  entering  a  prison,  as  an  inmate, 


550 


AMERICAN  BASTILE. 


chills  one's  frame !  How  drearily  time  passes  by !  How  the 
bird  that  twitters  is  envied  his  freedom !  Yea,  the  very 
worm  that  crawls  where  it  will.  And  as  the  time  of  rest  ap- 
proaches, what  longing  for  the  friends  and  comforts  of  home!,, 

We  also  copy,  verbatim,  portions  of  his  journal,  as  follows  : 
"During  the  morning,  I  became  acquainted  with  quite  a 
number  of  the  prisoners.  I  found  them,  like  myself,  citizens, 
arrested  many  of  them  on  frivolous  pretences.  One  of  them 
had  been  many  months  here  for  the  offence  of  giving  a  suit 
of  clothes  to  a  son  of  his  who  was  a  rebel.  Another,  a  lad 
of  about  fifteen  summers,  is  accused  of  being  a  spy,  because 
he  had  looked  through  the  fence  at  the  encampment.  He  is 
the  son  of  a  plain  farmer  near  town,  who  had  never  seen  a 
body  of  soldiers. 

"  Numbers  are  here  because  they  will  not  take  the  military 
oath.  All  are  despondent ;  some  are  melancholy.  The  list- 
less apathy  of  prison  life,  united  with  daily  hard  work,  tells 
upon  the  stoutest  constitution.  The  conspicuous  ball  and 
chain  are  a  gentle  reminder  of  the  way  in  which  refractory 
spirits  are  dealt  with.  From  the  prisoners,  I  have  received 
very  painful  recitals  of  cruelty,  which  make  my  heart  feel 
for  them  more  than  for  myself.  I  have  spoken  to  as  many 
of  them  as  I  can  of  the  precious  One  4  who  hears  the  sighing 
of  the  prisoner, '  and  pray  for  grace  to  be  a  blessing  and  com- 
fort to  them  during  my  sojourn  here,  which  may  be  longer 
than  I  now  suppose.  In  the  evening,  held  worship  with  my 
fellow-prisoners  ;  and,  having  commended  my  family  to  His 
care  who  heareth  the  young  ravens  which  cry,  I  lay  down 
upon  my  pallet  of  hay." 

His  diary  thus  continues :  "  In  the  morning,  the  golden 
hopes  of  yesterday  —  'that  I  would  receive  a  trial'  —  van- 
ished like  a  dream.  Instead  of  being  brought  to  a  trial,  I 
was  ordered  out  to  work.  My  first  day's  labor,  from  7  a.m. 
to  6  p.m.,  was  carrying  rods  to  strengthen  the  fortifications. 
The  rods  were  placed  on  boards,  and  the  prisoners  compelled 
to  carry  the  load  by  putting  their  hands  under  the  boards, 
causing  great  suffering  by  the  whole  weight  being  cn  the 


REV.    HENRY    M.    PAYNTER.  551 


fiogers.  We  had  daily  experience  of  this,  and  other  kinds 
of  toil  required.  We  cleaned  out  the  cavalry  stables,  chopped 
wood,  threw  up  fortifications,  cleaned  up  the  ground,  and 
were  engaged  in  such  other  menial  employments  as  the 
officers  required.  One  day,  while  we  were  working  together, 
a  fellow-prisoner,  Judge  Scott,  rema/ked :  1  Do  you  know 
that  they  require  the  prisoners  to  clean  out  the  privies  of  the 
officers  ?  They  ordered  me,  yesterday,  to  do  it,  hut  I  told 
them  I  would  do  no  such  thing — I  would  rather  be  shot.' 

"  The  day  following,  six  of  us  were  ordered  out  together, 
and  taken  to  the  Post  Commander's  quarters.  Two  were 
ordered  to  scrub  out  the  kitchen ;  another,  with  myself,  was 
put  to  chopping  wood.  The  soldiers  told  me  to  cut  the  wood 
a  particular  length.  This  I  did,  piling  it  up  in  regular  order. 
About  noon,  a  negro  woman,  superbly  dressed,  came  out,  and 
*  bunked  me  for  having  cut  it  of  such  uniform  length.  An- 
other prisoner,  a  respectable  gentleman,  was  put  to  cleaning 
out  the  privy.  The  first  cleansing  not  proving  satisfactory, 
he  was  ordered  to  clean  the  place  agam.  And  I  shall  never 
forget  the  deep-drawn  sigh  he  heaved  upon  his  return  to 
prison,  as,  with  a  most  woebegone  expression  of  countenance, 
he  exclaimed:  'Well,  these  are  tight  papers.'  His  fellow- 
prisoners  laughed  heartily,  and  replied :  4  Yes ;  these  are  tight 
papers.' 

"Asa  general  thing,  the  soldiers  were  as  kind  as  allowed 
to  be.  The"  officers  we  seldom  saw,  except  at  a  distance,  or 
when  coming  around  to  inspect  our  work.  One  lay,  worn 
out  with  labor,  and  sick,  so  that  I  could  scarcely  lift  up  the 
spade,  (we  were  throwing  up  fortifications,)  a  guard  re- 
marked :  4  Put  down  your  spade,  aiid  rest ;  they  have  no 
right  to  make  you  work  as  they  do.'  Scarcely  was  I  seated, 
until,  with  a  bayonet  thrust  and  an  oath,  he  ordered  me  up. 
He  saw  an  officer  coming,  and  knew  that  he  would  be  kept 
in  the  guard-house,  if  detected  in  such  an  act  of  mercy  to  a 
prisoner. 

"  One  day,  my  appetite  for  dinner  was  completely  taken 
away  by  the  statement  to  me  of  the  guard,  that  the  soldi  era 


552 


AMERICAN    B  A  S  T  I  L  E. 


had  killed  Dr.  Main.  He  was  a  Scotchman,  an  estimable 
mail,  and  a  member  of  my  church.  He  had  been  taken  from 
his  home,  under  the  plea  of  showiug  them  the  way  ;  his  head 
was  broken  in,  then  his  body  hung  up,  then  cast  into  the 
river.  Xone  of  those  who  committed  the  deed  were  ever 
under  arrest. 

"  One  day,  I  was  taken  before  the  commander  for  some 
reason  ;  and,  while  there,  heard  the  followiug  conversation 
between  the  Post  Commander  and  a  plain  farmer  who  looked 
about  sixty  years  old. 

"  4  How  shall  I  enroll  you?' 
4  As  a  Union  man.' 

44  4  What  kind  of  a  Union  man  are  you  ? ' 

44  4  1  am  for  the  Union  as  it  was,  and  for  the  Constitution 
as  it  is.' 

44  4  D — n  such  an  answer  ;  such  men  are  the  d — dest  rebels. 
I  enroll  you  as  disloyal.' 

44  4  1  cannot  help  it ;  such  are  my  sentiments.  I  am  a  plain 
farmer,  and  a  peaceable  man.  I  love  my  whole  country,  and 
do  not  want  to  see  it  destroyed.' 

44  4  All  you  can  say  does  not  affect  me.  I  regard  you  as  a 
rebel,  and  shall  enroll  you  as  such.' 

"  One  day,  while  taking  our  midday  rest,  a  soldier  thrust  a 
lad  about  sixteen  years  old  into  the  room,  saying,  4  D — n  you, 
spy,  you  will  soon  be  hung.'  The  poor  fellow  was  terribly 
frightened.  In  a  few  days,  by  testimony  of  the  strongest 
kind,  it  was  shown  that  he  never  had  been  twenty  miles 
from  home,  and  knew  little  about  anything  ;  that  he  wa3 
an  errand-boy,  and  was  on  an  errand  when  arrested.  But 
all  was  of  no  avail.  His  daily  labor  was  worth  more  than 
his  daily  bread,  and  he  was  still  in  prison  when  I  left. 

44  The  charge  against  one  of  the  prisoners  was  treason,  in  that 
he  had  witnessed  the  engagement  referred  to  in  these  pages. 
To  look  oil  and  not  help,  was  treason  ;  all  his  property  was 
taken,  and  he  only  released  upon  giving  bond  for  good  be- 
havior. The  story  of  another  prisoner  is  a  sad  one.  After 
many  weary  weeks  of  hard  work,  he  was  ordered  before  tho 


REV.    HENRY    M.  PAYNTEE. 


553 


Provost  Marshal,  the  first  time  he  had  been  before  any  of- 
ficer, when  the  following  dialogue,  as  reported  by  himself, 
occurred : 

" 4  Where  are  you  from  ? ' 
i j 

44  'I  was  born  in  Rhode  Island.' 
44  4  Have  you  taken  any  part  in  the  war  ? ' 
"  4 1  have  not.    I  have  not  been  two  miles  from  home  since 
I  he  war  began.    My  first  care  is  my  motherless  children. ' 
44  4Are  you  a  Union  man  ? ' 

44  4  1  always  have  been  a  Union  man  until  you  arrested  me. 
Your  treatment  has  made  me  in  favor  of  two  Confederacies. 
Why  should  I  be  torn  from  my  home  and  children,  and  kept 
here  at  hard  work?    Your  treatment  has  made  me  a  rebel.' 

44  This  was  enough :  he  was  ordered  back  to  prison  and  to 
hard  work  ;  and  from  that  time  was  known  as  the  4  two  Con 
federacies  man.' 

44  One  Saturday,  I  met  a  Mr.  Reed,  a  highly  respectable  man; 
walking  about  the  prison.  Supposing  he  was  seeking  some 
one,  I  inquired,  4  Mr.  Reed,  what  has  brought  you  here?' 

44  4  1  am  a  prisoner.' 

44  4  A  prisoner  !    What  have  you  done  ? ' 

44  4  Xothing.  This  morning,  a  squad  of  soldiers  came  to  nij 
house,  and  read  an  order,  requiring  me  to  give  up  all  my 
corn  and  hay,  and  to  furnish  teams  to  take  them  to  head- 
quarters. When  the  wagons  were  loaded,  I  was  ordered  to 
furnish  drivers :  this  I  would  not  do,  and  they  have  brought 
me  here.' 

44  This  gentleman,  aged  about  eighty  years,  was  not  released 
until  he  had  given  bonds  for  §3,000  for  good  behavior  in  the 
future. 

44 But  why  dwell  upon  tlie  sickening  scenes  of  prison  life? 
The  memory  of  those  days  makes  me  shudder.  The  unwrit- 
ten story  of  wrong  and  suffering  is  more  painful  than  the 
writ  ten  one.  Hard  work,  hard  fare,  hard  beds,  every  move- 
ment directed  by  the  bayonet ;  no  religious  privileges  allowed, 
except  private  prayer ;  exposed  to  a  violent  death  —  these  were 
the  privations  and  wrongs  of  those  dreary  days.    TsTo  trial 


554 


AMERICAN  BASTILE. 


guaranteed,  no  prospect  of  relief ;  nothing  sustained  me  but 
an  unfaltering  trust  in  Him,  '  who  doeth  all  things  well.' 
The  end  came  in  a  manner  to  me  the  most  unexpected 
Taken  one  day  into  the  presence  of  the  Marshal,  who,  in- 
stead of  mitigating,  had  studied  to  increase  the  rigors  of  my 
imprisonment,  I  was  informed  that  I  was  to  have  no  trial, 
that  my  case  had  been  decided,  and  that  a  paper,  which  I 
was  told  to  read,  would  tell  me  my  fate. 

"  This  paper,  a  copy  of  which  I  Legged,  but  was  denied, 
was  an  order  of  banishment  to  the  northern  part  of  Aroos- 
took County,  in  Maine,  to  that  part  which  lies  beyond  the 
boundary  of  civilized  life. 

"  I  had  borne  up  firmly  during  my  imprisonment.  Conscious 
of  entire  integrity,  the  only  request  I  had  ever  made  was 
permission  to  cleanse  my  person.  But  this  blow  unmanned 
me,  on  account  of  my  family.  I  did  not  know  how  I  was  to 
support  them  there  ;  nor  did  I  believe  they  would  survive 
the  rigors  of  a  single  winter.  I  pleaded  for  them,  but  iD 
vain.  The  unfeeling  man  replied,  1 1  do  not  care  a  d — n  for 
your  family  ;  you  shall  go.'  Subsequently  that  order  was 
revoked,  and  the  following  issued : 

"  'Headquarters  Missouri  State  Militia, 
Booneville,  Cooper  CouDty,  Missouri,  August  25,  1862 

Special  Order,  No.  7. 

u  t  Rev.  Henry  M.  Paynter :  In  obedience  to  Special  Order  No.  3, 
issued  to  me  by  Frank  J.  White,  Provost  Marshal  General,  Cen- 
tral Division  of  Missouri ;  and  by  order  of  Brigadier  General 
Totten,  commanding  the  Central  District  of  the  above  said  State. 
You  are  hereby  ordered  to  leave  the  State  of  Missouri  by  the 
first  day  of  September,  1862,  to  take  up  your  residence  in  the 
State  of  Massachusetts,  there  to  remain  during  the  present  war 
between  the  rebels  and  the  Government  of  the  United  States. 
You  are  further  ordered  not  to  re-enter  the  State  of  Missouri 
during  said  war,  under  penalty  of  being  shot  to  death. 

(Signed)  T.  T.  Crittenden, 

Commanding  Post,  Lt.  Col.  7th  Reg't  of  Cavalry,  M.  S.  Vols. 


BEV.    HENRY    M.  PAYNTEB. 


555 


Copy  of  Special  Order  No.  3. 

'"Office  of  the  Provost  Marshal  General, 
Central  Division  of  Missouri, 
Jefferson  City,  August  20,  1862. 
"'Rev.  Henry  M.  Paynter,  clergyman,  a  sympathizer  with 
the  traitors  now  in  rebellion  against  the  United  States,  will  be 
released  from  confinement,  upon  giving  his  parole  of  honor  to 
leave  the  State  of  Missouri  ten  (10)  days  after  his  release,  and 
to  take  up  his  residence  in  some  Northern  State,  to  be  selected 
by  Lieut.-Colonel  Crittenden,  7th  Cavalry,  Missouri  State  Militia, 
commanding  at  Booneville,  Missouri.    The  said  Paynter  not  to 
re-enter  the  State  of  Missouri  during  the  war,  upon  the  penalty 
of  being  shot  to  death. 

(Signed)  Frank  J.  White, 

Provost  Marshal  General. 
11 '  By  order  of  Brig.  General  James  Totten, 

Commanding  Central  District  of  Missouri. 

"'Attest:  T.  T.  Crittenden,  Commanding  Post,  Lt.-Col.  7th 
Keg't  Cav.  Mo.  State  Militia. 

"  'All  Federal  troops,  in  the  execution  of  the  above  special  order, 
are  therefore  commanded  to  pass  the  said  Henry  M.  Paynter  out 
of  the  State  of  Missouri  into  the  State  of  Massachusetts,  with 
his  family,  and  all  other  articles  necessary  for  his  comfort  during 
his  absence. 

(Signed)  T.  T.  Crittenden, 

Lt.-Col.  7th  Reg't  Cav.  Mo.  S.  M., 
Commanding  Post,  Booneville,  Cooper  Co.,  Missouri.' 

14  Finding  that  I  must  go,  and  that,  to  carry  out  the  order, 
I  must  travel  on  the  Sabbath-day,  I  requested  the  commander 
to  allow  me  to  rest  on  that  day.  He  replied,  'The  Govern- 
ment will  be  responsible  for  that;  you  must  go.' 

"  I  was  released  from  prison.  How  strange  the  sensations ! 
How  singular  everything  appears!  How  difficult  to  accept 
the  fact  that  the  bayonet  is  not  at  your  back,  that  the  soldier 
does  not  bid  you  what  to  do !  Days  elapse  before  the  con- 
fusion of  the  new  order  of  things  disappears.  Personal 
Liberty  \  What  a  blessing !  only  truly  appreciated  by  those 
who  have  experienced  the  horrors  of  prison  life.    With  a 


556 


AMERICAN    B  A  STILE. 


sad  heart  I  left  the  home  where  so  long  we  had  lived,  when 
children  had  cheered  us  by  their  presence,  and  desolated  our 
hearts  by  their  death ;  and  the  people  whom  I  loved  so  well, 
for  whose  good  so  long  I  have  labored,  whom,  perhaps.  I 
may  never  meet  again  on  earth,  and  with  whom  I  desire  to 
leave  my  sleeping  dust,  when  our  Father  calls  me  home. 
"  At  Tipton,  I  received  the  following  pass : 

•••Provost  Marshal's  Office, 
Tipton,  Missouri,  August  27,  1862. 
aiPass  the  bearer,  Eev.  EL  Payuter,  and  family,  to  St.  Louis, 
his  business  being  ordered  by  the  Government. 

(Signed)  Geo.  W.  TFashburne, 

Provost  Marshal.' 

"At  St.  Louis,  I  was  handed  the  following  pass : 

■"No.  6594. 

Office  of  the  Provost  Marshal  General. 
St.  Louis  Division, 
St.  Louis,  Missouri,  August  28,  1862. 
"  1  Permission  is  given  to  Eev.  H.  M.  Paynter,  aged  —  years,  to 
go  to  Massachusetts. 

(Signed)  George  E.  Leighton. 

Provost  Marshal  General,  St.  Louis  Division/ 

"  Thence  onward  to  my  place  of  banishment,  called  by  a 
prominent  Bostonian  '  The  Penal  Colony  of  Massachusetts/ 
which,  in  the  providence  of  God,  I  reached  in  safety. 

"The  following  letter,  signed  by  every  officer  in  my  church, 
three  of  whom  were  Union  men,  explains  itself : 

«  '  Booneville,  February  16,  1863. 
u  lI)ear  Brethren  in  Christ:  The  undersigned,  officers  of  the  First 
Presbyterian  Church,  Booneville,  Missouri,  having  learned  that 
our  beloved,  now  exiled,  pastor,  Eev.  Henry  M.  Paynter,  is  tem- 
porarily supplying  your  pulpit,  would  6tate  that  Brother  Payn- 
ter has  been  pastor  of  this  church  for  about  seven  years,  during  a 
great  portion  of  which  time  our  church  has  been  greatly  blessed ; 
and  we  take  great  pleasure  in  commending  him  to  you  as  a 
Christian  and  gentleman  every  way  worthy  of  your  confidence 


BEV.   HENRY    M.  PATNTEE, 


557 


"'As  to  his  banishment  we  can  say  nothing,  as  we  arc?  wholly 
ignorant  of  the  charge  upon  which  he  was  taken  away  from  us, 
But  we  can  say  to  you  that,  as  a  Christian  minister  and  gentle, 
man,  he  stands  high  with  his  church,  and  that  we  deeply  feel  his 
loss.  We  trust  that  our  Heavenly  Father  may  put  it  into  your 
hearts  to  extend  to  him  that  aid  and  assistance  that  his  condi- 
tion, at  this  time,  requires.  He  has  the  sympathies  and  prayers 
of  his  entire  church. 

(Signed)  William  S.  Myers,') 

Marcus  Williams,  v  Euling  Elders, 
G-.  S.  Moore,  ) 
Wm.  M.  Johnson,     1  -p.  , 
James  Hood,  [Deacons.' 


Rev.  Mr.  Paynter  is  now  located  at  Hopkinsville,  Ken- 
tucky, and  is  not  only  successful  in  his  ministerial  labors,  but 
is  also  highly  esteemed  by  all  who  know  him. 

We  have  given  a  plain  narrative  of  the  sufferings  endured 
by  a  minister  of  the  Gospel,  whose  fealty  to  the  Government 
was  beyond  doubt,  and  whose  only  offence  consisted  in  hia 
persistent  refusal  to  take  an  active  part  in  the  struggle,  and 
prostitute  his  pulpit  to  partisan  purposes. 

Mr.  Paynter  says :  "  I  will  ever  remember  the  words  and 
acts  of  kindness  of  the  soldiers,  who  did  all  they  dared  to 
alleviate  my  suffering.  I  freely  and  fully  forgive  all  the  an- 
noyances and  indignities  I  was  made  to  suffer  by  the  officers, 
seemingly  with  delight.  And  I  am  glad  to  cherish  no  other 
feelings  toward  them ;  for  one,  at  least,  has  since  been  sum- 
moned before  that  Judge,  who  will  impartially  decide  whethei 
or  no  what  I  endured  was  justly  inflicted  upon  me." 

His  persecutions  will  remain  a  stain  on  the  escutcheon  of 
the  nation,  which  time  cannot  efface. 

Imprisonment  and  suffering  have  not  changed  his  judgment 
or  feelings  as  to  the  value  of  our  Union,  nor  lessened  his  love 
for  those  blessings  bequeathed  to  us  by  our  sires 


D.  C.  WATTLES. 


FIX)  show  the  world  the  frail  tenure  by  which  the  American 
people  held  their  liberties  under  the  despotism  established 
by  Mr.  Lincoln,  and  which  hung  like  a  funeral  pall  over  the 
country,  we  need  only  cite  the  following  example.  Comment 
is  unnecessary. 

D.  C.  Wattles,  of  North  Branch,  Michigan,  was  arrested 
on  the  23d  of  November,  1862,  under  the  following  circum- 
stances. The  family  of  this  gentleman,  a  short  time  pre- 
viously, had  been  straining  blackberries.  His  children,  in 
their  amusement,  raised  upon  a  pole  the  rag  that  had  been 
stained  by  the  juice  in  the  process  of  straining 

One  of  the  horde  of  infamous  informers  who  infested  the 
length  and  breadth  of  the  land,  advised  the  War  Depart- 
ment that  Mr.  Wattles  had  raised  a  secesh  flag.  He  was  im- 
mediately seized  by  an  inquisitorial  Provost  Marshal,  and 
transported  more  than  a  thousand  miles  from  his  friends, 
home,  and  State,  and  immured  in  Fort  Lafayette.  No 
charges  were  ever  preferred  against  him,  nor  wa#  he  told  the 
name  of  the  secret  enemy  who  had  lodged  complaint  against 
him.  At  the  expiration  of  Jive  months,  when  the  Washington 
authorities  were  convinced  that  he  had  fully  expiated  hi§ 
crime*  he  was  discharged  upon  v  taking  the  oath" 

5ft8 


COLONEL  SAMUEL  NORTH,  MAJOR  LEVI  COHN. 
and  LIEUTENANT  MORYEN  M.  JONES. 

THE  trial  of  Samuel  North,  Levi  Cohn,  and  Morven  M. 
Jones,  before  an  United  States  Military  Commission, 
commenced  at  Washington,  D.  C,  November  3,  1864,  and 
ending  January  7,  1865,  was  one  of  the  most  interesting  and 
important  ever  held  in  the  United  States,  involving  numerous 
and  highly  important  legal  and  constitutional  questions,  in- 
cluding those  affecting  the  powers  of  the  Government  and 
the  rights  and  privileges  of  American  citizens. 

The  commission  was  instituted  on  the  27th  of  January, 
1864,  more  than  nine  months  before  the  accused  were  arrested, 
to  try  whoever  might  be  brought  before  it.  General  Abner 
Doubleday  was  President.  The  trial  did  not  end  until  the 
7th  of  January,  1865.  North  was  retained  in  prison  nine- 
teen, and  Jones  and  Cohn  thirty-two  days,  after  the  trial 
closed. 

New  York  had  promptly  responded  to  the  President's  first 
call  for  75,000  men,  and  cheerfully  met  those  which  followed. 
The  inexperience  of  the  officers  was  felt  in  the  care  and 
management  of  the  sick  and  wounded.  With  the  hearty 
approval  of  Governor  Seymour,  the  Legislature  of  New  York 
passed  a  bill  on  the  24th  of  April,  1863,  authorizing  the 
Governor  to  appoint  suitable  agents  to  provide  additional 
relief  for  the  sick,  wounded,  furloughed,  and  discharged 
soldiery,  and  to  facilitate  the  removal  of  the  bodies  of  de- 
ceased soldiers,  and  to  perform  such  other  duties  as  he  might 
direct.  He  was  also  authorized  to  employ  surgeons  and  other 
agents  to  look  after  the  sick  and  wounded.  To  meet  these 
expenses,  $200,000  were  appropriated. 

The  Governor  appointed  Coloml  Samuel  North,  a  distin* 

659 


660 


AMERICAN  BASTILE. 


guished  citizen  of  Otsego  County,  who  had  been  a  magistrate 
of  his  town,  clerk  of  his  county,  and  for  seven  years  an 
agent  of  the  Post-office  Department,  and  then  a  merchant, 
agent  for  the  State  at  the  City  of  Washington.  The  manner 
in  which  he  discharged  his  duties  was  satisfactory  to  all  who 
did  business  with  him. 

At  his  request,  the  Governor  determined  to  send  a  State 
paymaster  to  pay  all  back  bounties,  and  whatever  might  be 
due  to  soldiers  from  the  State.  The  Paymaster  General  of 
the  State  recommended  Major  Levi  Cohn,  then  in  his  own 
office,  for  this  employment,  and  he  was  selected  by  the  Gov- 
ernor, and  repaired  to  Washington  to  perform  his  duties. 
He  stood  high  in  Albany  as  a  book-keeper  and  merchant's 
cashier,  and  an  accurate  and  trusted  business-man. 

Nurses  were  needed  at  the  hospitals.  Morven  M.  Jones 
had  assisted  in  raising  a  company  of  volunteers  at  Utica, 
and  was  commissioned  a  Lieutenant  and  entered  the  Army 
of' the  Potomac.  He  was  in  the  second  battle  of  Bull  Pun, 
and  was  taken  prisoner.  He  was  compelled  to  march  four 
days  without  food,  and  was  subsequently  thrown  into  Libby 
Prison,  where  he  remained  until  paroled.  He  was  subse- 
quently exchanged.  Being  advanced  in  years,  his  health 
became  too  much  impaired  to  permit  him  to  continue  in  the 
service,  and  he  resigned.  The  General  State  Agent,  knowing 
him  and  his  wife  personally,  requested  them  by  telegraph  to 
proceed  to  Washington  to  engage  in  hospital  duties.  On  the 
second  day  after  its  receipt,  their  house  was  closed,  and  they 
on  their  way  to  duty.  They,  like  Major  Cohn,  reported  to 
Colonel  North,  and  then  entered  upon  their  arduous  duties. 
The  manner  in  which  Governor  Seymour  executed  this  law 
bas  never  been  the  subject  of  complaint  by  any  one. 

On  the  21st  of  April,  1864,  the  Legislature  passed  another 
law,  authorizing  volunteer  soldiers  in  the  national  service  to 
vote,  and  prescribing  the  mode  of  doing  so.  This  law  was 
so  framed  that,  if  not  executed  in  an  open  and  public  man 
ner,  innumerable  frauds  might  be  committed  under  it.  Gov- 
ernor Seymour  proposed  to  the  leading  officials  of  the  Repub- 


COLONEL    NORTH,    AND  OTHEHS. 


561 


iican  party,  so  to  arrange  as  to  have  all  the  voting  in  an 
open  and  public  manner,  under  the  superintendence  of  a  re- 
presentative of  each  political  party.  This  reasonable  propo' 
aition  was  neither  accepted,  nor  even  answered. 

The  law  required  the  votes  to  be  authenticated  by  a  New 
York  commissioned  officer.  These  being  mostly  Republicans, 
exercised  a  controlling  influence  over  the  soldiers,  and  espe- 
cially so  when  they  were  taken  in  secret. 

Neither  Colonel  North,  Major  Cohn,  nor  Lieutenant  Jones 
was  charged  by  Governor  Seymour  with  any  duties  under 
this  act.  If  soldiers  called,  wishing  to  vote,  they  were 
aided  by  some  one  person  present,  but  never  by  Colonel 
North  or  Major  Cohn,  and  only  on  one  or  two  occasions  by 
Lieutenant  Jones.  But  it  was  assumed  by  Republicans, 
Colonel  North's  office  was  the  headquarters  of  Democratic 
voting,  and  that  great  frauds  and  numerous  forgeries  were 
committed  there.  It  was  thought  that  the  arrest  and  con- 
viction of  Governor  Seymour's  agent  before  election,  on 
charges  of  fraud  and  forgery,  would  secure  the  success  of 
the  Republican  ticket. 

Without  an  affidavit,  or  any  evidence  that  a  crime  had 
been  committed,  Mr.  Dana,  Assistant  Secretary  of  War,  is- 
sued an  order  for  the  arrest  of  "  Colonel  North,  James  M. 
Murphy,  Cohn,  and  Jones,"  and  he  directed  the  seizure  of 
all  the  papers  of  the  agency,  and  all  their  private  papers  at 
their  lodgings.  To  screen  himself  from  person  al  responsibility, 
he  stated  in  it,  that  it  was  issued  by  order  of  the  President. 
Under  it,  Colonel  North,  Major  Cohn,  and  Lieutenant  Jones 
were  arrested  on  the  27th  of  October,  1864,  and  thrown  into 
the  Old  Capitol  Prison,  without  being  informed  of  the  accu- 
sations made  against  them.  When  Governor  Seymour  re- 
ceived information  of  this  outrage  upon  citizens  of  ^ew 
York,  employed  by  him  and  acting  for  the  State,  he  appointed 
Amasa  J.  Parker,  William  F.  Allen,  and  William  Kelly, 
three  distinguished  and  well-known  citizens,  to  proceed  to 
Washington  and  investigate  the  matter,  and  employ,  in  be- 
half of  the  State,  counsel  to  defend  the  accused.  Tney 

86 


562 


AMERICAN  BASTILE. 


faithfully  performed  these  duties  and  reported  to  the  Gov- 
ernor. 

The  following  is  an  extract  from  the  report  of  these  com- 
missioners : 

"They  found  them  in  the  'Carrol  Prison*  (a  part  of  the 
Old  Capitol  Prison)  in  close  confinement.  They  learned  that 
Messrs.  Xorth  and  Cohn  had  been  confined  together  in  one 
room,  and  had  not  been  permitted  to  leave  it  for  the  four 
days  they  had  been  prisoners  for  the  purpose  of  answering 
the  calls  of  nature.  They  had  been  supplied  with  meagre 
and  coarse  prison  rations,  to  be  eaten  in  their  room,  where 
they  constantly  breathed  the  foul  atmosphere  arising  from 
the  standing  odor.  They  had  no  vessel  out  of  which  to  drink 
water,  except  the  one  furnished  them  for  the  purpose  of  uri- 
nation. They  had  but  one  chair,  and  had  to  sleep  three  of 
the  nights  of  their  confinement  on  a  sack  of  straw  upon  the 
floor.  They  had  not  been  permitted  to  see  a  newspaper,  and 
were  ignorant  of  the  cause  of  their  arrest.  All  communica- 
tions between  them  and  the  outer  world  had  been  denied 
them." 

The  visit  of  these  commissioners  improved  their  condition 
for  a  time,  and  they  were  permitted  to  purchase  better  fare, 
and  were  placed  in  a  room  with  a  dozen  other  persons.  But 
they  were  subsequently  separated,  kept  in  solitude,  and  re- 
duced to  the  hardest  of  prison  fare,  compelling  them  to  sub- 
sist upon  "hardtack,"  which  they  could  not  eat;  sometimes, 
only  three  crackers  a  day  for  each,  with  sour  apple-sauce  and 
black  coffee. 

They  were  required  to  obey  prison  rules  which  were  not 
posted  up,  or  otherwise  accessible.  They  offered  the  Super- 
intendent five  dollars  for  a  copy,  which  he  refused.  They 
were  required  to  obey  laws  of  which  they  had  no  knowledge. 

The  object  of  this  severe  and  brutal  treatment  was  to  break 
down  the  independence  of  the  accused,  and  induce  them  to 
become  informers  upon  one  another,  and  upon  Governor  Sey- 
mour and  others  in  New  York,  in  order  to  secure  themselves 
a  release,  rr,  at  least,  better  treatment.    After  trying  it  a 


COLONEL    NORTH,    AND  OTHERS. 


563 


second  time,  the  effort  to  accomplish  the  object  in  this  man- 
ner was  abandoned,  and  they  were  allowed  to  supply  them- 
selves with  better  food  and  some  needful  conveniences.  But 
they  were  never  permitted  to  see  any  person,  except  in  the 
presence  of  some  official  of  the  prison.  In  a  written  com- 
munication from  the  War  Department,  Mrs.  Jones  was  ex- 
pressly refused  permission  to  see  her  husband,  and  the  Judge 
Advocate  roughly  told  her  she  had  better  go  home,  as  her 
husband  would  be  convicted  and  sent  to  the  State  Prison,  if 
not  sentenced  to  anything  worse.  All  correspondence,  except 
through  the  prison  officials,  was  forbidden,  and  for  a  long  time 
they  were  not  permitted  to  read  newspapers.  At  one  period, 
after  the  trial  began,  Cohn  was  not  permitted,  for  a  whole 
week,  to  see  his  counsel,  although  it  was  important  that  they 
Rhould  consult  together. 

The  accused  were  arraigned  and  charged  "  with  conduct 
prejudicial  to  the  military  service  of  the  United  States,  and 
in  fraud  of  the  election  rights  and  duties  of  the  soldiers  and 
officers  of  said  service." 

The  specification  set  up  that  they  were  the  ostensible 
agents  of  the  State  of  New  York,  to  aid  in  the  execution  of 
the  law  authorizing  soldiers  to  vote,  and  had  fraudulently 
signed,  or  caused  to  be  signed,  blanks  under  said  law  pur- 
porting to  have  been  signed  by  soldiers,  and  witnessed  and 
sworn  to  in  the  presence  of,  and  by  an  officer,  and  intended 
to  be  used  at  the  election  in  fraud  of  the  soldiers'  rights. 

The  counsel  for  the  accused  pleaded  to  the  jurisdiction  of 
the  commission: 

1st.  The  commission  had  no  jurisdiction  over  the  parties. 

2d.  Not  over  the  subject-matter. 

3d.  The  subject  is  not  within  the  powers  of  the  National 
Government. 

4th.  The  National  Government  has  never  legislated  on  the 
subject. 

5th.  There  is  no  law  of  the  National  Government  authoriz. 
ing  the  institution  of  a  military  tribunal  to  try  a  person,  no* 
in  the  military  service,  for  any  offence,  he  not  being  a  spy 


» 

564  AMERICAN  BASTILE. 

In  support  of  this  plea,  the  counsel  cited  numerous  autnor 
ities,  including  the  Constitution  of  the  United  States,  defin 
Lng  the  powers  of  the  Judiciary,  and  prohibiting  the  exercise 
of  criminal  power,  except  through  presentments  by  grand 
jurors,  and  limiting  military  powers  to  persons  in  the  mili- 
tary service. 

It  was  contended  that  the  acts  charged  were  not  declared, 
by  any  law,  to  be  an  offence,  and  Congress  had  not  attempted 
to  confer  jurisdiction.  No  national  tribunal  could  enforce 
the  penal  laws  of  a  State.  It  had  been  settled  by  the  Supreme 
Court  that  no  common-law  offences  existed  under  the  Federal 
Government.  The  Courts  of  the  district  were  open.  The 
laws  had  not  been  suspended,  nor  martial  law  been  declared. 
If  the  laws  of  New  York  had  been  violated,  that  State  had  the 
will  and  capacity  to  assert  her  dignity  and  defend  her  sove- 
reignty. A  conviction  by  the  commission  could  not  be  plead- 
ed in  bar,  if  the  accused  should  be  prosecuted  in  her  courts. 
This  tribunal  could  not  deprive  her  of  her  rights  to  vindicate 
her  dignity  and  execute  her  laws.  If  the  commission  has  not 
jurisdiction,  its  members  will  be  personally  answerable  for 
their  acts.  An  English  soldier  had  once  been  proceeded 
against  and  sentenced  to  be  punished  by  an  unauthorized 
commission  like  this.  He  died  while  undergoing  the  punish- 
ment it  had  ordered.  Years  afterward  the  officer  ordering 
it  was  indicted  for  murder,  convicted,  and  actually  hung. 
Shall  we  be  less  firm  in  defence  of  the  rights  and  lives  of  our 
citizens  than  mother  England  ? 

The  Judge  Advocate  answered  by  saying,  among  other 
things,  "  In  time  of  war,  a  great  many  provisions  of  the 
Constitution,  which  were  intended  for  time  of  peace,  are,  pro 
tanio,  suspended.  The  Constitution,  or  rather  the  mass 
of  its  details,  is  intended  for  time  of  peace ;  but,  in  time  of 
war,  the  general  war  powers  therein  delegated  to  Congress 
and  to  the  President,  take  the  place  of  the  general  provisions 
in  time  of  peace." 

He  did  not  inform  the  <  ommission  who  had  the  power  to 
•uspend  these  provisions,  or  how  the  people  were  to  learn 


COLONEL    NORTH,   AND    OTHFRS.  565 


which  were  suspended,  and  when  that  occurred,  nor  how  they 
were  to  know  when  they  were  restored.  The  fallacy  and  ab 
surdity  of  this  argument  were  most  fully  exposed.  Bu£  the 
commission  concurred  in  these  monstrous  doctrines,  and  over- 
ruled the  plea  to  their  jurisdiction.  The  Supreme  Court  of 
the  United  States  has  since  decided  that  they  had  no  jurist 
diction. 

"When  the  decision  overruling  the  plea  was  announced,  the 
Judge  Advocate  demanded  final  judgment  against  the  accused 
upon  the  absurd  ground  that  the  plea  to  the  jurisdiction 
admits  the  truth  of  the  charge  and  specifications.  Upon 
this  motion,  a  long  argument  ensued.  The  proposition  was 
bo  monstrous,  and  the  reasoning  against  it  too  strong  to  be 
overcome  by  the  sophistry  of  the  prosecutor,  the  motion 
was  overruled,  and  the  accused  permitted  to  plead,  where- 
upon they  entered  a  plea  of  not  guilty. 

After  issue  joined,  the  accused  demanded  separate  trials. 
This  was  resisted  upon  the  ground  that  it  would  enable  one 
of  them  to  testify  in  favor  of  the  others,  and  thus  avoid  a 
conviction.  Although  clearly  entitled  to  the  privilege  of 
separate  trials,  the  commission  refused  to  permit  it. 

The  counsel  for  the  accused  then  moved  that  the  Judge 
Advocate  be  required,  before  proceeding  to  trial,  to  elect 
which  he  would  try  as  principals,  and  which  as  accomplices, 
both  offences  being  averred  in  the  specification,  without  any 
means  whereby  they  could  determine  for  which  offence  they 
were  to  be  tried.  This  motion  was  resisted  on  the  ground 
that,  if  he  were  now  required  to  make  election,  it  would 
dimmish  the  chances  of  conviction.  The  commission  refused 
the  motion. 

The  counsel  for  the  accused  thereupon  demanded  process 
to  compel  the  attendance  of  witnesses  in  their  behalf.  This 
brought  on  a  long  discussion.  The  Judge  Advocate  resisted 
their  right  to  require  the  attendance  of  more  than  two  wit- 
nesses each  to  establish  their  good  character.  The  accused 
demanded  several.  The  commission,  without  assigning  any 
reasoD'S  therefor,  determined  to  reserve  its  decision  until  a 


566 


AMERICAN  BAS1ILE. 


iater  period,  and  thereupon  allowed  the  Judge  Advocate  to 
call  witnesses,  and  proceed  with  the  trial. 

Without  deciding  whether  the  accused  should  be  allowed 
process  for  any  witnesses,  the  commission  arbitrarily  and 
most  wrongfully  allowed  the  trial  to  commence  and  progress 
A  greater  outrage  was  never  perpetrated  by  a  tribunal  claim- 
ing to  administer  law  and  justice  than  the  refusal  of  the 
means  to  procure  the  attendance  of  the  witnesses  of  the 
accused,  as  provided  in  the  Constitution,  and,  at  the  same 
time,  permitting  the  prosecution  to  proceed  in  the  trial. 

James  0.  Clephane  was  then  called  as  a  witness  by  the 
Judge  Advocate,  and  testified  that  he  went  some  two  days 
before,  with  the  Judge  Advocate,  who  was  dressed  in  citizen's 
clothes,  to  the  Carrol  Prison,  and  had  Jones,  one  of  the  ao 
cused,  brought  before  him — that  he  made  a  confession,  to 
which  he  made  oath,  being  the  same  published  in  the  "  Even 
ing  Star"  the  day  the  trial  commenced.  This  paper  contained 
statements  which,  if  unexplained,  were  injurious  to  Jones, 
but  on  which  no  conviction  could  be  sustained.  On  cross- 
examination  it  appeared  that  Clephane  went  to  the  prison  as 
a  stenographer  and  took  notes — that  Jones's  attention  was 
not  called  to  this  fact,  nor  was  what  he  took  down  read  over 
or  stated  in  substance  to  him.  Without  attempting  to  make 
a  statement,  or  to  give  a  narrative  of  events,  he  had  simply 
answered  the  questions  proposed  to  him  by  the  J udge  Ad- 
vocate. On  being  asked  if  he  would  be  willing  to  swear  to 
what  he  had  stated,  said  he  would.  Clephane  wrote  out  a 
statement,  and  headed  it  thus :  "  Morven  Jones,  being  duly 
sworn  by  John  A.  Foster,  deposeth  as  follows."  This  state- 
ment was  proved  by  Clephane  to  be  false.  The  counsel  for 
the  accused  required  him  to  produce  his  notes,  and  when  he 
did  so,  and  translated  them  into  English,  the  concluding 
words  were : 

Q.  "  Are  you  willing  to  be  sworn  to  this  statement  ? " 
A.  "lam." 

This  proves  that  Jones  did  not  in  fact  swear  to  the  state- 
ment, although  willing  to  swear  to  what  he  did  say.  Clfr 


COLONEL    NORTH,    AND  OTHERS. 


5G7 


phane  and  the  Judge  Advocate  are  respjnsible  for  getting 
up  and  publishing  this  fraudulent  paper.  On  comparing  thig 
pretended  affidavit  with  Clephane's  notes,  they  were  found 
unlike  in  many  essential  particulars,  and  that  Clephane  had 
Jeft  out  of  the  assumed  confession  what  Jones  had  stated 
favorable  to  the  accused,  and  which  proved  beyond  a  doubt 
that  no  crime  had  been  committed,  or  intended.  The  fol- 
lowing questions  and  answers  he  had  omitted,  but  were  found 
in  his  original  notes : 

Q.  "  Do  you  know  any  case  where  names  have  been  signed 
without  the  parties  being  present  ? " 

4.  "No,  sir." 

Q.  "  And  never  heard  anybody  say  such  a  thing  had  hap- 
pened at  any  time  ? " 
A.  "No,  sir." 

This  covered  the  whole  case,  and  proved  all  innocent.  Bat 
the  commission  not  only  allowed  this  false  affidavit  to  be  re- 
ceived against  Jones,  but  against  North  and  Cohn,  and  refused 
to  strike  it  out  as  evidence,  when  appealed  to  for  the  purpose. 
Such  a  violation  of  the  rules  of  evidence  as  to  make  a  state- 
ment of  third  persons  evidence  against  those  accused,  except 
where  a  conspiracy  had  been  charged  and  proved,  cannot  be 
found  in  the  records  of  any  trial  in  the  civilized  world,  noi 
defended  where  reason  and  justice  are  respected. 

Josiah  Cleghorn  was  then  called  by  the  prosecution,  and 
testified  that  he  was  a  Lieutenant  in  a  negro  regiment,  and 
resided  in  Erie  County,  New  York,  that  he  called  at  North's 
office  on  the  20th  of  October,  1864,  and  found  him  and  Jones 
there,  and  a  man  signing  his  name  Murphy,  who  made  out 
voting  papers  for  him,  which  he  signed  and  took  away.  He 
was  told  where  to  go  to  swear  to  them.  That  he  did  not  in 
fact  go  and  swear  to  them.  That  on  the  25th  or  26th  of  the 
month,  he  again  went  to  Colonel  North's  office,  when  all 
three  of  the  accused  were  there.  He  informed  the  persona 
present  that  his  papers  had  been  directed  to  the  wrong  post- 
office,  and  that  he  desired  new  ones  to  be  made  out,  which 
Jones  proceeded  to  do,  he  using  blanks  that  had  been  pre- 


568 


AMERICAN  BASTlLJi. 


viously  signed  by  an  officer.  The  old  papers  were  twisted 
up  and  thrown  under  the  table,  and  new  ones  made  out.  which 
he  signed  and  took  away,  the  envelope  containing  a  Demo- 
cratic vote.  All  was  done  as  he  wished,  except  he  did  not 
like  the  Democratic  vote.  On  his  cross-examination  he  swore 
that  he  "surrendered"  this  package  to  Mr.  Clarence  Seward, 
son  of  the  Secretary,  and  that  when  he  got  the  papers  pre- 
pared it  was  not  his  intention  to  send  them  away.  From 
his  own  statement  it  is  inferrible  that  he  was  twice  sent  to 
Colonel  North's  office  to  obtain  something  out  of  which  an 
accusation  could  be  framed  to  cause  arrests.  Palmer,  whose 
suspicions  had  been  awakened  concerning  the  State  Agency, 
swore  that  early  in  October  his  suspicions  had  been  aroused, 
and  he  had  communicated  them  to  Assistant  Secretary  Sew- 
ard, at  the  State  Department.  He  and  his  brother  Clarence 
doubtless  were  acting  in  concert,  and  prompted  Dana  to  action. 
According  to  Cleghorn's  statement,  Jones  neither  perpetrated 
fraud  nor  forgery,  but  served  him  at  his  request.  Cleghorn 
was  guilty  of  both  fraud  and  falsehood.  He  went  to  the 
office  with  a  lie  in  his  mouth,  and  while  there  actually  told 
several.  On  going  a  second  time  he  did  the  same  thing. 
Jones  obligingly  served  him  without  fee  or  reward.  What 
was  prepared  for  him  he  did  not  intend  to  use,  but  placed  in 
hands  which  caused  the  arrest  of  the  accused.  This  whole 
proceeding  was  planned  and  executed  by  Government  officials 
enjoying  the  confidence  of  the  Administration.  They  at- 
tempted to  induce  the  commission  of  crime,  that  they  might 
cause  men  to  be  punished.  In  this  the}r  were  criminal.  But 
they  failed.  This  pretended  crime  was  no  offence.  It  was 
unmerited  kindness  bestowed  upon  a  black-hearted  conspira- 
tor, who  was  willing  to  ruin  individuals  for  political  effect. 

The  counsel  for  the  accused  renewed  his  motion  for  process 
to  obtain  their  witnesses.  After  sundry  objections  as  to  the 
number,  the  prosecution  having  so  utterly  failed  in  its  proof, 
the  Judge  Advocate  consented,  and  the  commission  ordered 
aubpoenas  for  such  witnesses  as  were  required.  As  the  trial 
oould  vot  be  completed  before  election,  and  there  being  no 


COLONEL    NORTH,    AND  OTHERS. 


569 


probability  of  any  testimony  damaging  to  the  accused  being 
obtained,  the  prosecution  consented  to  adjourn  the  further 
hearing  of  the  case  until  the  14th  of  November. 

On  the  reassembling  of  the  commission,  the  Judge  Advo- 
cate introduced  and  swore  one  Craig,  who  testified  that 
Colonel  North,  early  in  October,  made  out  voting  papers  for 
him.  This  wa&  shown  to  be  utterly  false,  as  the  papers,  when 
produced,  were  conclusively  proved  not  to  be  in  his  hand- 
writing, but  in  that  of  one  Mott,  who  was  not  employed  at 
the  New  York  State  Agency. 

One  Palmer  also  swore  that  Jones,  in  the  presence  of  Colo- 
nel N"orth,  tried  to  induce  him  to  sign  a  lot  of  blanks,  which 
he  refused,  and  of  which  he  gave  immediate  notice  at  the 
State  Department  to  Assistant  Secretary  Seward.  This  story 
was  improbable  and  undoubtedly  false,  as  Colonel  North  had 
been,  for  several  days  previously  and  subsequent  to  the  time 
he  named,  absent  from  Washington  in  the  State  of  New 
York,  and  that  no  proceedings  preparatory  to  voting  at  his 
office  took  place  until  after  his  return,  and  that  then  neither 
of  the  accused  became  the  actors*. 

N©  other  material  evidence  was  offered  by  the  prosecution 
concerning  the  crimes  charged  upon  the  accused.  But  the 
commission  indulged  the  Judge  Advocate,  contrary  to  all 
just  rules  of  law,  in  an  endeavor  to  prove  that  somebody 
had  committed  some  other  crime,  not  charged  in  the  specifi- 
cations. This  seemed  to  be  an  effort  to  find  evidence  to  excuse 
the  arrest,  imprisonment,  and  trial.  It  was  a  failure.  No 
such  crime  was  proved,  even  if  full  credence  had  been  given 
to  all  the  idle  tales  invented  by  witnesses  to  secure  a  trip  to 
Washington  at  the  expense  of  the  Government. 

Various  letters  and  papers  found  in  the  New  York  Agency, 
not  in  the  handwriting  of  either  the  accused,  nor  shown  to 
have  been  in  their  possession,  were  offered  in  evidence.  Their 
introduction,  without  evidence  connecting  them  with  the  ac- 
cused, was  objected  to.  But  the  objection  was  overruled  and 
thsy  were  admitted  in  evidence,  but  proved  nothing  material. 
Here  f  be  opening  evidence  foi  the  prosecution  was  closed. 


570 


AMERICAN  BASTILE. 


The  prosecution  having  rested  their  case,  and  there  being 
no  evidence  against  Colonel  Korth,  nor  pretence  of  anjp 
against  Major  Cohn,  a  motion  was  made  to  discharge  them. 
This  was  resisted  by  the  Judge  Advocate  on  the  ground,  if 
discharged,  they  might  be  called  as  witnesses  for  the  defence, 
and  the  conviction  wholly  defeated.  This  reasonable  and 
proper  motion  was  overruled. 

The  accused  introduced  a  large  number  of  witnesses  to 
prove  their  high  character,  and  among  them  Judge  Kelson, 
of  the  United  States  Supreme  Court,  Governor  Fenton,  the 
Republican  member  of  Congress  from  Colonel  North's  dis- 
trict, Judge  Garvin,  of  Xew  York,  and  several  distinguished 
citizens  of  Albany,  Utica,  and  Washington.  They  continued 
this  sort  of  evidence  until  the  commission  announced  that 
further  evidence  on  that  point  was  unnecessary. 

They  then  proved  that  the  State  Agency  was  a  public  place, 
where  a  large  number  of  persons  were  employed,  and  others 
continually  coining  and  going.  That  Colonel  Bradley,  North's 
predecessor  and  a  Republican,  occupied  a  place  where  he 
could  see  and  hear  whatever  occurred.  The  prosecution  did 
not  call  him.  It  was  contended,  under  such  circumstances, 
it  was  not  probable  that  frauds  and  forgeries  had  beer,  there 
attempted. 

The  accused  offered  as  a  witness,  Charles  M.  Schofield. 
The  Judge  Advocate  objected  to  his  being  sworn,  on  the 
ground  that  he  had  inserted  in  the  accusation  the  name  of 
"  Schofield, "  without  any  given  name,  or  other  description, 
as  a  defendant.  He  had  been  a  daily  attendant  upon  the 
trial,  and  had  not  been  arrested.  He  had  been  employed  at 
the  Agency,  and  could  testify  to  nearly  everything  that  had 
occurred  there.  After  full  discussion,  the  commission  decided 
that  no  one  could  be  sworn  whose  family  name  had  been 
inserted  in  the  accusation,  whether  arrested,  or  put  upon  trial 
or  not.  They  thus,  in  legal  effect,  declared  that  the  Judge 
Advocate  had  the  power  to  deprive  the  accused  of  all  their 
witnesses  by  inserting  family  names  in  the  charges.  Under 
this  decision,  it  is  the  Judge  Advocate,  and  not  the  law,  that 


COLONEL    NORTH,    AND  OTHERS. 


571 


deprives  accused  persons  of  evidence  to  defend  themselves, 
He  may  insert  the  name  of  every  man  whom  he  suspects  of 
knowing  facts  in  favor  of  the  accused,  and  thue  prevent  hia 
oeing  sworn.  This  decision  excluded  another  person  wht 
had  also  been  present  and  had  seen  and  heard  all  that 
occurred  in  Colonel  North's  office. 

After  the  trial  had  progressed  several  weeks,  Major  Cohn 
was  separated  from  his  companions,  and  his  counsel,  Hon.  B,.  H. 
Gillet,  refused  permission  to  see  him  upon  his  general  pass 
A  new  and  special  one  from  the  Judge  Advocate,  or  Secretary 
of  War,  was  required.  The  former  refused  to  give  one,  and 
informed  the  counsel  that  Cohn  had  employed  other  counsel, 
whose  name  he  would  not  give,  and  did  not  wish  to  see  him. 
As  he  left  the  prison,  Major  Cohn  beckoned  to  him  from  a 
window  to  come  up  and  see  him.  For  a  whole  week  the 
counsel  daily  pressed  the  Judge  Advocate  to  permit  them  to 
see  Major  Cohn  and  learn  from  him  his  wishes.  But  he 
refused.  On  one  morning  the  counsel  saw  the  Judge  Advo- 
cate and  his  stenographer  going  toward  the  President's,  and 
renewed  his  application,  but  was  abruptly  refused.  At  that 
very  moment  the  Superintendent  of  the  prison  had  Major 
Cohn  in  a  carriage,  not  over  thirty  feet  distant,  taking  him 
to  the  President's,  where  the  Judge  Advocate  and  stenogra- 
pher joined  them.  Major  Cohn  had  been  coaxed  and  threat- 
ened, and  often  told  by  prison  officials  while  shut  up  alone, 
that  he  could  be  set  free  by  coming  out  with  a  full  statement 
of  the  whole  matter.  He  consented  to  make  such  a  state- 
ment, but  only  to  the  President.  When  the  counsel  saw  the 
Judge  Advocate  and  stenographer,  Major  Cohn  was  on  his 
way  to  make  the  promised  statement. 

Before  making  it,  he  asked  the  President  if  he  was  to  be 
released  on  making  it,  and  was  assured  by  him  that  he  should 
be  discharged  and  not  tried.  He  thereupon  made  a  full  state- 
ment of  all  he  knew  of  the  matter,  and  among  other  things 
stated  that  he  had  never  committed  forgery  or  fraud  upon 
any  soldier.  The  Judge  Advocate  asked  him  numerous  ques- 
tions, and  pressed  him  hard  to  admit  that  he  had  forged  t.ha 


572 


AMERICAN  BASTILE. 


name  of  one  Smith,  but  not  having  done  anything  of  the 
kind,  he  refused  to  do  so.  He  told  the  President  that  Colonel 
North  had  not  attended  to  the  filling  out  of  blanks,  or  voting 
ac  all,  and  that  he  (Cohn)  had  never  seen  a  vote  taken  where 
the  soldier  did  not  sign  the  papers  himself — that  he  saw 
Colonel  North,  the  evening  before  the  arrest,  burn  the  blanks 
that  Captain  Otternott  had  signed  to  take  and  use  at  Camp 
Distribution,  and  which  he  had  left  behind  when  he  went,  by 
mistake.  When  Major  Cohn  was  leaving  the  office,  the  Pres- 
ident told  him  he  would  be  discharged,  and  only  be  required 
to  remain  on  parole  until  after  the  trial.  The  President 
remarked  that  he  saw  no  criminality  in  anything  stated  by 
Cohn. 

On  going  down  stairs  from  the  President's  office,  the  J udge 
Advocate  told  Major  Cohn,  if  he  were  discharged,  he  should 
stats  that  it  was  through  the  influence  of  his  (the  Judge  Ad- 
vocate's) uncle,  Henry  Smith,  a  lawyer  of  Albany,  who  had 
been  permitted  to  have  free  access  to  Major  Cohn  in  prison, 
after  he  was  separated  from  his  companions,  while  his  regu- 
lar counsel  had  been  excluded.  Why  Mr.  Smith  came  from 
Albany  to  Washington,  and  why  he  was  allowed  to  see  Major 
Cohn  when  he  chose,  to  the  exclusion  of  his  own  counsel,  and 
why  Major  Cohn  was  separated  from  his  companions,  why 
the  counsel  who  had  served  him  through  the  most  important 
portions  of  the  trial  was  excluded,  and  why  he  was  privately 
taken  to  the  President's  office  with  the  Judge  Advocate  and 
a  stenographer  whose  reputation  had  been  so  seriously  dam- 
aged by  his  own  oath,  to  make  a  statement,  and  promised  a 
discharge  from  trial,  can  only  be  answered  by  drawing  the 
conclusion  which  such  facts  naturally  suggest.  They  fully 
authorize  the  belief  that  Major  Cohn  was  separated  from  his 
companions  and  denied  the  right  to  see  his  counsel  to  break 
down  his  spirit  —  that  Smith  was  introduced  to  advise  and 
persuade  him  to  make  such  a  statement  as  would  cause  his 
discharge,  and  if  obtained  he  would  expect  heavy  compensa- 
tion from  Major  Cohu's  rich  relatives — that  an  accusatory 
confession  would  save  those  engaged  in  the  arrest  and  tria« 


COLONEL    NORTH,   AND  OTHERS. 


573 


from  the  odium  already  arising  from  an  unlawful  arrest  and 
brutal  imprisonment,  and  would  let  them  down  easy.  In 
their  eyes,  Major  Cohn  committed  a  new  offence  by  not  accus- 
ing any  one  of  crime.  His  integrity  had  resisted  all  the 
temptations  held  out  to  him.  By  way  of  punishment,  he  was 
remanded  to  prison,  roughly  treated,  and  tried.  He  was 
acquitted  without  any  of  the  agency  of  this  Albany  counsel, 
who  so  mysteriously  came  into  and  went  out  of  the  case.  In 
this  strange  proceeding,  neither  the  arrest,  the  crushing  im- 
prisonment, nor  the  trial  found  any  justification.  The  for- 
feiture of  the  President's  pledge  covered  him  and  those  en 
gaged  in  the  matter  with  imperishable  infamy. 

At  the  next  meeting  of  the  commission,  this  pledge  of  the 
President  was  formally  brought  before  it  by  special  plea, 
accompanied  with  a  demand,  if  its  truth  should  be  questioned, 
of  a  subpoena  requiring  the  attendance  of  the  President. 
After  argument,  the  commission  announced,  "  The  court  de- 
clines to  entertain  the  plea,  or  application  of  the  accused, 
Levi  Cohn,  unless  there  is  a  written  order  produced,  ema- 
nating from  the  President,  or  Secretary  of  War."  This  deci- 
sion was  a  self-stultifying  one,  furnishing  conclusive  evidence 
that  the  commission  had  no  settled  convictions  of  duty,  and 
dare  not  act  upon  a  vitally  important  question  without  the 
permission  of  those  creating  it,  even  if  such  question  fur- 
nished a  controlling  issue  within  their  assumed  jurisdiction, 
involving  the  honor  of  the  President  and  the  character  of  the 
country.  The  commission  knew  that  the  conditions  of  action 
they  imposed  could  not  be  complied  with.  It  would  have 
been  more  manly  to  have  overruled  the  plea  and  said  nothing. 

Soon  after  the  commencement  of  the  trial,  which  lasted 
over  two  months,  the  Judge  Advocate  opened  a  place  in  the 
city  of  !N"ew  York,  to  which  people  from  all  parts  of  the 
country  were  brought  at  the  expense  of  the  Government,  by 
subpoena,  and  where  they  were  privately  examined,  and  their 
statements  taken  down  by  a  stenographer.  If  matter  accu- 
satory of  the  defendants  was  developed,  the  party  was  sub- 
poenaed to  attend  the  t  rial  at  Washington.    This  mode  of 


574 


AMERICAN  BASTILE. 


fishing  for  evidence  brought  a  vast  number  to  the  place  of 
inquisition.  Of  all  these,  a  few  were  brought  before  the  com- 
mission. Xot  one  of  those  who  came  testified  anything  against 
either  of  the  accused,  or  attempted  to  disprove  the  good  char- 
acter imputed  to  them  by  their  own  witnesses.  But  the  skill 
of  the  Judge  Advocate  invented  a  new  mode  of  attack,  which 
the  commission  tolerated.  He  was  allowed  to  attempt  to 
prove  that,  notwithstanding  the  high  moral  character  proved 
in  behalf  of  the  accused,  their  character  was  questioned  in 
political  matters,  and  that  they  would  get  political  advan- 
tages whenever  they  could.  But  this  effort  entirely  failed, 
except  as  to  Colonel  Xorth,  who,  it  was  said,  had  been  doubted 
by  one  man.  Daniel  S.  Dickinson  had  declared  that  he  had 
no  confidence  in  him  politically  after  having,  at  Baltimore, 
refused  to  vote  for  his  nomination  for  the  Presidency.  And 
here  this  effort  of  drowning  men  to  save  themselves  by  catch- 
ing at  straws,  ended. 

The  case  was  elaborately  argued  by  W.  A.  Beach,  of  Troy, 
JN".  Y.,  and  R.  H.  Gillet,of  Xew  Lebanon,  for  the  defendants, 
and  by  John  A.  Foster,  as  Judge  Advocate.  Mr.  Beach  elo- 
quently remarked : 

"  You  see  this  case  mingles  with  the  great  topics  of  gov- 
ernmental power  which  have  stirred  the  hearts  of  the  world 
since  the  endless  struggle  began  between  liberty  and  oppres- 
sion. You  cannot,  if  you  would,  belittle  it.  It  is  not  alone 
the  fate  of  these  defendants  you  are  to  decide.  Strange  as 
it  may  seem,  here  —  even  here,  before  a  military  commission, 
the  legal  representative  of  the  Government  of  the  United 
States  demands  a  judgment,  affirming  the  suspension  of  the 
Constitution. 

"  He  seeks  the  liberty,  if  not  the  lives,  of  these  defendants, 
over  the  shattered  fragments  of  liberty  and  law.  The  issue 
is  sharply  made  between  the  Government  and  the  citizen. 
The  learned  Judge  Advocate  concedes,  argumentatively,  that 
ne  can  reach  the  accused  only  through  a  broken  Constitution. 
Your  Honors  must  approve  his  amazing  doctrines,  or  you 
must  acquit." 


COLONEL    NORTH,    AND  OTHERS. 


575 


In  his  concluding  remarks,  Mr.  Gillet,  in  behalf  of  the 
accused,  Raid: 

"Forth,  Cohn,  and  Jones  are  innocent  men.  If  you  find 
them  guilty,  you  will  never  be  satisfied  with  your  decision,  nor 
feel  proud  of  having  sat  in  this  case.  If  the  law  required 
you,  as  m  France,  to  write  down  in  your  finding  the  testimony 
again3t  each,  whose  evidence  and  what  words  would  you 
select  to  show  them,  or  either  of  them,  guilty  ?  Can  you 
select  aud  put  on  paper  words  that  you  will  say  prove  crime? 
"When  reflecting  on  your  decision,  try  the  experiment  —  read 
what  ;y  ou  collate,  and  reflect  upon  it,  and  consider  whether  all 
you  tie  os  bring  together  is  not  consistent  with  their  inno- 
cence. Consider  whether  there  is  no  solution  but  in  crime. 
You  must  be  certain,  beyond  all  reasonable  doubt,  of  their 
guilt,  before  you  convict.  If  the  proof  is  not  clear  and  con- 
clusive, an  inward  monitor  will  remind  you,  when  you  hear 
this  case  mentioned,  of  your  own  doubts,  and  your  dissatisfac- 
tion with  the  result.  You  will  not  feel  at  ease,  nor  will  the 
plaudits  of  a  satisfied  republic  be  yours. 

"  It  cannot  be  denied  that  the  present  trial  has  grown  out 
of  the  recent  party  conflict.  The  eyes  of  Europe,  as  well  as 
all  America,  are  upon  the  proceedings  of  this  commission. 
They  will  be  read  and  scrutinized,  and  judgment  rendered 
upon  them.  All  mankind  will  give  a  common  decision.  If 
that  decision  sustains  you,  you  will  occupy  an  inviting  page 
in  history.  But  if,  on  the  contrary,  it  shall  be  that  you  acted 
in  violation  of  the  Constitution  and  without  jurisdiction  or 
authority,  that  there  existed  no  law  which  had  been  vio- 
lated, and  that  you  condemned  without  clear  and  undoubted 
evidence  of  guilt,  then  that  page  will  be  a  blot — a  record  of 
unparalleled  wrong  and  injustice  among  tribunals  claiming  to 
administer  justice.  You  will  make  your  own  record,  and 
impress  upon  it  the  character  your  acts  will  bear.  In  the  one 
case  mankind  will  admire,  and  in  the  other  condemn.  Your 
decision  will  be  impressed  upon  our  country,  and  give  it  char- 
acter for  justice  or  injustice,  both  now  and  in  all  future  time, 
'ike  the  decisions  of  Hale  or  Jeffreys.    The  Administration 


576 


AMERICAN  BASTILE. 


which  brought  this  tribunal  into  existence,  sustains  it  in  the 
exercise  of  its  functions,  and  which  approves  and  executes 
its  decisions,  will  share  in  the  common  approval  of  mankind, 
or  will  stagger  under  the  weight  which  will  rest  upon  and 
finally  crush  it.  Both  the  honor  of  the  Administration  and 
of  the  country  are  involved  in  the  decision  you  shall  make. 
In  my  judgment,  honor  follows  acquittal.  I  speak  plainly, 
because  i  t  is  my  duty  frankly  to  express  what  I  believe.  The 
case  of  my  clients  is  now  with  you.  I  ask  no  sympathy,  but 
demand  justice  for  them  in  the  name  of  the  Constitution  and 
laws  of  my  country." 

The  final  argument  before  the  commission  was  on  the  7th 
of  January,  1865,  although  the  record,  General  Holt  says, 
shows  no  proceedings  after  the  4th.  The  finding  of  the 
commission,  as  shown  on  the  record  as  certified  by  Judge 
Advocate  General  Holt,  was  in  these  words : 

Final  Decision. 

"  The  commission  was  then  cleared  for  deliberation,  and, 
after  due  consideration,  do  find  the  accused,  Samuel  North, 
Levi  Cohn,  and  Morven  M.  Jones,  as  follows: 

"  As  to  the  defendants  Samuel  North  and  Levi  Cohn: 

"  As  to  the  specification  —  not  guilty. 

"  As  to  the  charge  —  not  guilty. 

"As  to  the  defendant  Morven  M.  Jones: 

"  As  to  the  specification  —  guilty,  except  as  to  the  words 
with  the  intent  and  for  the  purpose  of  having  such  blanks, 
so  signed,  used  as  and  for  the  deed  of  the  soldier  whose 
name  purported  to  be  signed  thereto,  and  in  fraud  of  the  true 
electors.' 

"  As  to  the  charge  —  not  guilty. 

"  And  do  therefore  acquit  said  Samuel  North,  Levi  Cchn, 
and  Morven  M.  Jones. 

"Signed  —  John  A.  Foster,  Colonel  and  Judge  Advocate. 

"Signed  —  Abner  Doubleday,  Major-General  Volunteers, 
President  M.  C. 

"Official  —  J.  Holt,  Judge  Advocate  General." 


COLONEL    NORTH,    AND  OTHERS. 


577 


General  Ho.t,  in  a  letter  to  Hon.  J.  L.  V.  Pruyn,  states  that 
these  proceedings  were  not  filed  in  his  office  until  the  26th 
of  January,  1865. 

Where  were  they  hetween  the  close  of  the  argument  and 
making  the  decision,  and  their  being  filed  in  the  Judge  Ad^ 
vocate  General's  office?  This  was  a  period  of  painful  sus- 
pense to  the  prisoners.  Public  rumor  said  they  were  all  con- 
victed, then  that  North  was  pardoned.  The  "New  York 
Tribune,"  of  the  27th  of  January,  contained  the  following 
from  its  Washington  correspondent :  u  Colonel  North  has  beeD 
released  by  the  War  Department.  He  was  convicted  by  the 
finding  of  the  Court  which  tried  him.  Before  his  trial  was 
concluded,  it  was  felt  here  that  North  would  escape  all 
punishment.  The  pressure  to  have  his  trial  stopped  was 
immense.  This  was  nearly  done,  but  finally  desisted  from. 
The  pressure  for  his  unconditional  release  has  been  irre 
sistible." 

Why  this  reiteration  of  the  falsehood  that  Colonel  North 
had  been  convicted?  The  record  had  been  withheld  for 
weeks,  either  by  the  Judge  Advocate,  John  A.  Foster,  or  by 
Edwin  M.  Stanton,  Secretary  of  War,  as  it  did  not  reach  the 
Bureau  of  Military  Justice  until  the  26th  of  January,  1885, 
to  the  great  injury  of  the  accused,  who  had  been  proved  not 
guilty.  This  neglect  of  a  public  duty  doubtless  led  to  the 
rumors  that  North  had  been  convicted,  and,  when  released, 
to  the  further  falsehood,  that  he  had  been  pardoned  —  all  with 
the  view  of  satisfying  the  public  that  there  was  good  reason 
for  the  arrest  and  trials.  The  delay  in  filing  the  record  was 
to  allow  the  public  mind  to  become  occupied  with  some- 
thing else,  and  to  have  these  great  wrongs  forgotten.  Colonel 
North  was  discharged  on  the  26th  of  January,  1865,  under 
an  order  from  tne  Assistant  General's  office,  stating  his  ac- 
quittal, and  directing  his  immediate  release  from  confinement, 
which  was  not  then  communicated  to  him.  lie  was  mereiy 
told  J>y  the  keeper  "to  pick  up  his  traps  and  leave  the  prison 
d — d  quick — to  go  where  he  had  a  mind  to."  It  was  not 
until  a  subsequent  time  that  he  was  furnished  with  evidence 

37 


578 


AMERICAN  BASTILK 


of  his  acquittal.  It  is  probable  that,  but  for  deep  censure 
emanating  from  Congress  and  leading  men  in  all  parts  of  the 
country,  Colonel  North  would  not  have  been  released  at  the 
time  he  left  the  prison.  He  was  well  known  to  a  large  por- 
tion of  the  American  people,  who  saw  nothing  in  the  pub- 
lished evidence  to  warrant  conviction  or  detention,  and  hence 
their  efforts  to  secure  his  restoration  to  liberty.  This  ac- 
counts for  the  doors  of  his  prison  being  thrown  opem.  He 
was  too  prominent  a  man  to  render  it  safe  and  prudent  longer 
to  continue  his  illegal  imprisonment — to  deprive  him  of 
liberty  without  an  adequate  cause.  Fear,  and  not  justice, 
prompted  this  tardy  action. 

But  why  were  Major  Cohn  and  Lieutenant  Jones  detained 
two  weeks  after  his  release  ?  Was  it  to  avoid  showing  the 
whole  failure  at  once,  or  because  they  were  much  less  known, 
and  deemed  more  friendless,  and  might  more  safely  be  kept 
shut  up?  It  is  certain,  that  E.  M.  Stanton,  Secretary  of 
War,  and  Joseph  Holt,  Judge  Advocate  General,  told  Mrs. 
Jones  and  the  Rev.  Mr.  Corey,  that  they  had  been  convicted 
and  sentenced  to  the  State  prison  for  life.  Mr.  Stanton  twice 
told  the  Hon.  John  Ganson,  M.  C,  from  Buffalo,  the  same 
thing,  and  did  the  same  to  others.  Mrs.  Jones  returned  home 
to  Utica  believing  that  her  husband  had  been  foand  guilty 
and  sentenced  to  the  State  prison  for  life.  This  belief  became 
general.  Major  Cohn's  friends,  supposing  that  the  story  was 
true,  went  to  Washington  to  ascertain  what  could  be  done  to 
secure  his  release. 

What  object  had  Stanton  and  Holt  in  telling  and  repeat- 
ing these  unmitigated  falsehoods?  Why  strike  an  almost 
deadly  blow  at  a  poor  woman  who  had  nursed  our  wounded 
and  dying  soldiers?  Why  inflict  pain  and  torture  upon 
Major  Cohn  and  Lieutenant  Jones,  and  compel  them  to  re- 
main in  a  loathsome  prison,  when  they  knew  they  had  been 
found  not  guilty,  and  were  entitled  to  be  discharged  and  to 
enjoy  freedom  ?  Were  these  untruths  for  the  supposed  benefit 
of  their  party  or  friends  ?  Truth  compels  us  to  say,  that  it 
is  quite  probable  that  a  willingness  to  allow  friends  to  levy 


COLONEL    NORTH,    AND  OTHERS. 


57(J 


black  mail  had  had  something  to  do  with  these  false  pre- 
tences. At  that  time  there  were  many  men  in  Washington 
who  made  very  large  professions  concerning  their  power  and 
influence  with  the  President  and  his  Cabinet  and  their  ability 
to  prosure  pardons.  Major  Cohn's  father  and  uncle  were 
deemed  rich  merchants  in  Albany.  The  latter,  when  in 
Albany,  and  often  when  in  Washington,  was  approached  in 
mystic  language  in  relation  to  the  release  of  his  nephew. 
Except  in  the  single  instance  of  Governor  Thomas  Ford,  of 
Ohio,  he  turned  a  deaf  ear  to  all  such  suggestions.  Ford's 
promises  proved  fallacious.  After  being  detained  two  weeks 
after  the  release  of  Colonel  North,  on  the  8th  of  February, 
1865,  the  prison  doors  were  thrown  open,  and  they  were 
ordered  to  leave  as  quick  as  possible.  They  were  unable, 
until  the  12th  of  February,  1867,  to  ascertain  what  was  the 
actual  decision  of  the  commission.  Neither  the  Secretary 
of  War  nor  Judge  Advocate  General  would  give  either  the 
information  desired.  Whether  this  refusal  was  because  they 
disregarded  their  claims  to  the  information,  or  for  fear  it 
would  conflict  with  their  oral  statements,  we  can  only  con- 
jecture.   It  may  be  both. 

We  place  this  arrest,  imprisonment,  and  trial  on  record, 
that  our  countrymen  and  their  descendants  may  learn  the 
appalling  consequences  that  flow  from  disregarding  the  Con- 
stitution and  laws,  and  violating  both,  to  secure  and  continue 
the  ascendency  of  a  political  party,  who  claim  to  act  under  a 
law  higher  than  the  Constitution,  and  who  ridicule  that 
i acred  instrument,  when  its  provisions  are  appealed  ta  as  the 
fundamental  law  of  the  land. 


H.  W.  NEWLAKD. 


HW-  NEWLAKD  was  arrested  at  his  residence  near 
•  Benton,  Franklin  County,  Illinois,  on  the  night  of  the 
19th  of  August,  1862.  The  arrest  was  made  by  Major  Board, 
Deputy  Provost  Marshal,  accompanied  by  a  detachment  of 
United  States  soldiers.  He  showed  neither  warrant  nor 
other  legal  authority,  merely  arresting  the  persons  whose 
names  were  written  on  a  slip  of  paper  which  he  carried  in 
his  hand.  Newland  was  carried  away  from  his  family,  who, 
like  himself,  were  ignorant  of  the  cause  of  his  arrest.  He 
was  taken  to  a  station  on  the  Illinois  Central  Railroad,  and 
placed,  in  company  with  eight  others  who  had  been  made 
prisouers  at  the  same  time,  on  a  car,  and  conveyed  to  Spring- 
field, under  guard. 

At  dark,  he  and  his  fellow-prisoners  were  ironed  for  safety. 
At  Decatur,  however,  they  were  met  by  United  States  Mar- 
shal D.  L.  Phillips,  who  ordered  their  irons  to  be  taken  off. 
Here  they  remained  during  the  night,  and  on  the  following 
morning  were  forwarded  to  Washington  City,  arriving  there 
on  the  23d.  Mr.  Newland  was  confined  in  the  Old  Capitol 
Prison,  fed  upon  meagre  and  badly  cooked  food,  and  suffered 
much  from  the  presence  of  vermin,  and  the  many  indignities 
that  were  heaped  upon  him,  until  the  25th  of  September, 
when  he  was  released  without  a  trial,  and  told  to  go  home 
and  keep  aloof  from  politics. 

He  in  vain  demanded  to  hear  the  charges  against  him,  and 
to  know  the  cause  of  his  arrest. 

Mr.  Xewland  is  by  occupation  a  farmer.  Born  and  reared 
m  Indiana,  he  emigrated  to  Illinois  in  1848,  and  lived  in 
Stark  County  until  1859,  when  he  removed  to  Franklin 
County,  where  he  lias  since  resided. 

680 


H.  W.   NEW  LAND.  581 

He  took  put  little  part  in  politics  until  the  Presidential 
contest  of  1860,  when  he  became  an  ardent  supporter  of  Mr. 
Douglas.  On  the  election  of  Mr.  Lincoln,  he  remained 
quietly  at  his  home,  abiding  the  issue  of  events,  until  aroused 
by  the  injustice  the  Administration  manifested  toward  ita 
political  opponents.  He  spoke  freely  against  arbitrary  arrests, 
although  repeatedly  threatened  by  his  neighbors. 

His  health  is  much  impaired  by  his  confinement  and  suffer- 
ing, but  he  feels  proud  that  he  is  one  of  a  host,  who  suf- 
fered political  martyrdom  at  the  hands  of  a  corrupt  and 
unscrupulous  Administration. 


MAJOR  J.  J.  NOAH. 


MAJOR  J.  J.  NOAH  is  a  son  of  the  late  distinguished 
Editor,  Mordecai  M.  Noah,  of  New  York  city.  He 
emigrated  to  Minnesota  about  twelve  years  ago,  where  he 
obtained  a  fair  reputation  at  the  Bar,  beside  having  filled 
some  of  the  highest  offices  in  the  State  with  credit  and 
ability.  The  Hon.  Henry  M.  Rice,  United  States  Senator 
from  Minnesota,  states,  in  a  letter  from  the  Senate  Chamber, 
that  — 

"  Major  J.  J.  Noah,  soon  after  the  commencement  of  the 
rebellion,  used  his  influence  and  gave  his  time  and  money 
in  raising  troops.  He  was  a  long  time  in  the  field  in  tho 
Southwest,  but  was,  from  ill  health,  compelled  to  resign. 
He  is  a  lawyer  and  a  gentleman.  His  loyalty,  where  best 
known,  could  never  be  questioned. " 

He  had  been  an  officer  in  the  2d  Minnesota  Volunteers, 
one  of  the  oldest  volunteer  regiments,  with  which  he  had 
Berved  for  a  long  time  in  the  field,  in  the  Department  of 
General  Buell.  He  had  been  detached  and  placed  upon  post 
duty,  in  the  city  of  Louisville,  Kentucky,  when,  finding  his 
health  greatly  impaired  by  the  exposure  incurred  in  the 
winter  campaign  of  1861-62,  he  was  compelled  to  tender  his 
resignation,  which  was  with  some  difficulty  obtained;  and 
he  was  honorably  discharged  the  Federal  service,  the  latter 
part  of  June,  1862. 

On  the  13th  of  July,  1862,  while  quietly  sojourning  with 
his  family  at  the  National  Hotel,  in  Louisville,  he  was 
arrested  by  order  of  Geueral  Boyle,  the  Military  Governor, 
or  Commander  of  Kentucky,  and,  although  a  military  prison 
was  provided  within  the  city  for  political  prisoners,  was  in 
Btantly  carried  out  of  the  State,  and  confined  in  the  Jefier 

•  682 


MAJOR    J.   J.  NOAH. 


583 


sonville  (Indiana)  Penitentiary.  He  was  not  permitted  to 
eee  any  of  his  friends  or  family,  and  the  place  of  his  confine 
ment  was  withheld  from  them  —  it  being  currently  stated 
that  he  was  merely  detained  at  the  Gait  House,  so  as  to  throw 
his  immediate  friends  off  the  track  while  in  search  of  him. 

It  appears  that  a  gentleman  with  whom  Major  Noah  had 
a  slight  acquaintance,  accidentally  noticing  him  in  prison  at 
Jeffersonville,  and  being  much  astonished  thereat,  succeeded 
in  communicating  with  him.  The  result  was  that  the  place 
of  his  confinement  and  the  facts  relating  thereto  were  made 
known  to  George  D.  Prentice,  Esq.,  the  well-known  veteran 
Editor  of  the  "  Louisville  Journal,"  who,  being  a  friend  of 
Major  Noah's,  instantly,  assisted  by  Mr.  Osborn,  also  of  the 
"  Journal,"  set  about  obtaining  his  release. 

They  found  General  Boyle  in  a  terrible  fury,  obdurate  and 
insolent,  refusing  to  make  known  any  charges,  and  declining 
to  listen  to  any  communication  whatever  in  reference  to  the 
arrest.  It  was  in  vain  to  plead  the  well-known  character  of 
Major  Noah  for  integrity  and  loyalty — to  vouch  for  him  in 
any  way  —  to  draw  attention  to  his  military  and  civil  ser- 
vices :  nothing  could  be  done,  and  for  some  time  it  appeared 
that  he  might  remain  the  inmate  of  a  convict's  cell — a  guest 
of  the  felon's  mansion  —  until  it  should  please  the  capricious 
will  of  General  Boyle  to  release  him. 

Major  Noah's  arrest  occasioned  quite  a  commotion  in  Louis 
ville,  as  his  loyalty  was  considered  beyond  question,  although 
his  political  opinions  were  adverse  to  those  of  the  dominant 
party,  he  being  well  known  as  a  partisan  of  the  Democratic 
school,  opposed  to  emancipation,  the  suspension  of  the  writ 
of  habeas  corpus,  and  all  illegal  and  arbitrary  arrests.  Find- 
ing the  tide  of  public  opinion  setting  against  him,  General 
Boyle  at  last  amiably  consented  to  release  Major  Noah,  upon 
condition  that  he  should  give  bonds  in  the  sum  of  $10,000, 
proceed  to  the  State  of  New  York,  and  there  remain  during 
the  rebellion.  These  terms,  after  having  been  first  indig- 
nantly refused,  were  eventually  complied  with  under  protest . 
upon  the  advice  of  his  friends.    Major  Noah  was  released, 


584 


AMERICAN  BASTILE. 


and.  at  a  few  hours'  notice,  exiled  into  the  State  of  New  York. 
No  transportation  was  furnished  him,  nor  were  any  of  his 
expenses  paid.  It  appears  he  was  the  first  political  prisoner 
confined  in  the  penitentiary. 

Furnished  with  letters  from  Messrs.  Prentice,  Gazlay.  and 
Other  prominent  Constitutional  Unionists  of  Kentucky,  pon 
arriving  in  New  York  city,  Major  Noah  communicated  with 
Secretary  Seward,  asking  an  investigation,  or  an  uncondi- 
tional release  and  cancellation  of  his  bonds. 

This  demand  was  referred  to  the  War  Department,  but  Mr. 
Stanton  took  no  notice  whatever  of  the  application  or  letter. 
After  more  than  five  months  of  arrest,  upon  the  interference 
of  the  Hon.  Henry  M.  Rice,  United  States  Senator  of  Min- 
nesota, who  threatened,  if  relief  was  not  granted,  to  expose 
the  case  in  the  Senate,  Major  Noah  was  released  uncondition 
•  ally,  and  his  bonds  cancelled.  This  took  place  after  the  fall 
elections,  and  while  the  popular  mind  was  under  excitement 
in  reference  to  these  arbitrary  arrests. 

By  the  statement  of  the  most  reliable  gentlemen,  both  of 
Kentucky  and  Minnesota,  it  seems  that  the  pretext  for  Major 
Noah's  arrest  wa3  the  performance  of  a  few  acts  of  the  sim- 
plest courtesy  to  a  Confederate  surgeon,  who  was  a  fellow 
guest  at  the  same  hotel.  It  will  be  remembered  that  sur- 
geons  are  non-combatants,  and,  by  express  arrangements,  are 
♦  ot  taken  prisoners  by  the  contending  armies.  This  surgeon 
was  liberated  from  imprisonment  at  Johnson's  Island,  by  vir- 
4ue  of  General  Orders  of  the  TVrar  Department,  releasing  all 
surgeons  unconditionally . 

The  officer  commanding  did  not  furnish  him  with  trans- 
portation, nor  indicate  to  him  the  route  to  pursue  in  returning 
to  his  lines ;  but  merely  turned  him  loose  in  prison  clothes, 
to  find  his  way  into  the  Confederacy  as  best  he  might.  Beg- 
ging his  way  to  Louisville,  this  surgeon  made  inquiry  of  the 
host  of  the  hotel  for  some  source  of  information  as  to  wrhat 
he  ought  to  do  under  these  circumstances. 

He  was  without  money  or  decent  clothes,  and  simply  de- 
aired  to  conform  to  the  regulations  or  rules  which  might 


MAJOR    J.    J.  NOAH. 


apply  in  Lis  case,  and  procure  him  the  necessary  transpor- 
tation. The  host  introduced  him  to  Major  Noah,  with  a 
request  that  he  would  advise  this  surgeon  in  conformity  to 
what  he  believed,  from  his  military  experience,  would  be 
requisite.  It  appears  that  this  act  of  courtesy  was  performed, 
and  for  this  he  was  arrested,  thrown  into  a  penitentiary, 
exiled  from  his  home  and  pursuits,  ruined  in  purse,  and  mor- 
tified in  spirit,  without  a  'preliminary  hearing,  or  even  per- 
mitted an  explanation. 

For  five  months,  the  War  Department  refused  to  notice 
his  application  for  redress ;  and,  had  not  the  prompt  action 
of  Senator  Eice  procured  his  release,  he  would  have  remained 
under  the  espionage  of  the  bloodhounds  and  spies  of  the  city 
of  New  York  in  the  Federal  employ,  prevented  from  embark- 
ing in  any  legitimate  pursuits,  or  earning  the  requisite  means 
for  the  maintenance  of  his  family. 

This  war,  in  the  minds  of  most  in  authority,  did  not  per- 
mit of  any  acts  of  courtesy  whatever;  and  the  simplest 
motives  of  benevolence  were  construed  into  rank  disloyalty, 
particularly  if  the  party  exercising  them  was,  in  opinion, 
opposed  to  any  of  the  acts  of  the  Administration. 


HON.  EDSON  B.  OLDS  * 

rpHE  case  of  the  Hon.  Edson  B.  Olds  is  one  of  deep  and 
J-  thrilling  interest.  Dr.  Olds  was,  for  more  than  a  quarter 
of  a  century,  one  of  the  most  active  and  influential  Demo- 
crats in  the  State  of  Ohio.  Previously  to  his  imprisonment, 
he  had  addressed  political  meetings  in  almost  every  county 
in  the  State.  He  had  been  twice  elected  to  the  popular 
branch  of  the  Ohio  Legislature  from  Pickaway  County. 
He  had  also  represented  Fairfield  and  Pickaway  counties  in 
the  Senate,  and,  during  the  session  of  1846-47,  had  held  the 
responsible  position  of  Speaker  of  that  body.  In  1848,  and 
again  in  1850,  he  had  been  elected  a  representative  to  the 
Congress  of  the  United  States  from  a  district  which  had  been 
apportioned  for  the  express  purpose  of  defeating  his  election. 
In  1852,  Dr.  Olds  was  again  elected  to  Congress  from  the 
Capital  District  of  Ohio.  In  Congress,  he,  for  four  years, 
held  the  important  position  of  Chairman  of  the  House  Com- 
mittee on  Post  Offices  and  Post  Roads. 

During  the  Presidential  canvasses  of  1856  and  1860,  he 
was  most  untiring  in  his  appeals  to  the  people  to  put  down 
both  the  fanaticism  of  the  North  and  the  ultraism  of  the 
South.  He  dwelt  with  fervid  eloquence  upon  the  appeals  of 
Washington,  Jefferson,  Jackson,  Clay,  "Webster,  and  others, 
who  frowned  down  every  attempt  to  organize  political  sec- 
tional parties. 

To  show  the  sound  and  strong  Union  sentiments  held 
by  Dr.  Olds,  not  only  prior  to,  but  during  the  prosecu* 
tion  of  the  war,  we  will  make  a  few  extracts  from  his  cele- 
biated  Berne  Township  speech,  for  the  making  of  which,  he 
was  arrested  and  imprisoned.   After  reading  copious  extracts 

*  Died  January  24,  18G9. 

586 


EDSON    B.  OLDS. 


587 


from  the  old  fathers  against  the  organization  of  sectional 
parties,  he  says : 

u  These  warnings,  time  and  again,  the  Democracy  have 
held  up  to  the  view  of  our  Republican  friends  ;  but  we  have 

been  met  only  with  taunts  and  derision  There  is  not 

a  Democrat  within  the  sound  of  my  voice  but  knows,  as  a 
matter  of  fact  —  knows,  as  a  part  of  the  history  of  the  times, 
that,  for  more  than  ten  years,  Democratic  papers  and  Demo- 
cratic orators  have  everywhere,  and  upon  every  occasion, 
raised  their  warning  voice  against  a  sectional  organization. 
For  myself,  I  know  that  in  more  than  a  hundred  speeches, 
almost  with  tears  in  my  eyes,  I  have  repeated  the  warnings 
and  pleadings  of  Washington  and  the  fathers,  for  the  preser- 
vation of  the  Union.  My  friends,  it  was  no  uncommon  thing, 
two  years  ago,  to  hear  myself  called,  by  way  of  derision,  'a 
Union  Savior.'  ....  During  the  late  Presidential  canvas3, 
so  earnest  were  my  pleadings  for  the  Union,  that  it  was  a 
common  occurrence,  if  I  happened  to  be  making  a  speech,  to 
hear  the  prominent  Republicans  remark,  as  they  passed,  wag- 
ging their  heads, 4  Oh !  it 's  only  Dr.  Olds,  saving  the  Union.' 
.  .  .  .  I  call  God  to  witness  here  to-day,  in  the  presence  of 
the  Republicans,  that  if  I,  by  sacrificing  myself,  could  restore 
this  Union  to  what  it  was  before  the  Abolitionists  destroyed 
it,  I  would  lay  myself  upon  the  altar  a  sacrifice,  and  give  the 
very  last  drop  of  my  heart's  blood  to  repair  the  evils  Aboli- 
tionism has  brought  upon  my  ruined  country  I  do 

not  stand  here  to-day  for  the  purpose  of  justifying  the  South 
in  seceding  from  the  Union.  No  man  condemns  secession 
more  severely  than  I  do.  In  my  judgment  it  was  folly  — 
consummate  folly — for  the  South  to  inaugurate  such  a  measure. 
The  election  of  Mr.  Lincoln  was  no  justification  for  them  to 
destroy  the  Government.    They  should  have  sought  redress 

in  the  Union,  and  not  by  attempting  to  destroy  it  

But,  most  unfortunately  for  us,  and  for  the  whole  country, 
there  were  men  at  the  South  who,  though  hating  Abolition- 
ism, yet  played  into  the  l  ands  of  that  party,  and  aided  them 
in  all  their  mad  efforts  tc  break  down  the  Democratic  party, 


588 


AMERICAN  BASTILE. 


the  only  Union  party  of  the  country  These  men 

broke  up  the  Charleston  Convention  expressly  to  aid  the 
Abolitionists  of  the  ^orth  in  electing  a  sectional  President, 
that  they  might  thereby  have  an  excuse  for  seceding  from 
the  Union.  For  such  men  I  have  no  sympathy.  They  have 
'  sown  the  wind,'  and  in  the  end  will '  reap  the  whirlwind.'" 

Iso  charges  were  ever  preferred  against  Dr.  Olds.  Some 
of  the  Republican  papers,  in  order  to  excuse  the  Administra- 
tion, charged  that,  in  his  Berne  Township  speech,  made  on 
the  26th  of  July,  1862,  he  had  discouraged  enlistments  and 
counselled  resistance  to  the  draft.  In  order  to  show  the 
untruthfulness  of  all  such  charges,  we  quote  verbatim  all  that 
Dr.  Olds  said  on  either  subject : 

"  Mr.  Chairman,  young  men  are  permitted  to  dream  dreams, 
and  old  men  to  see  visions.  And  as  I  am  an  old  man,  my 
Republican  friends  will  permit  me  to  have  a  vision,  and  not 
call  it  treason.  In  my  vision  I  see  the  ballot-boxes  of  this 
country  baptized  in  blood.  Passed  events,  I  acknowledge, 
have  much  to  do  in  producing  this  vision.  At  the  election  in 
our  sister  State  of  Maryland,  less  than  a  year  since,  the  hust- 
ings were  surrounded  by  an  armed  soldiery,  and  Democratic 
voters  were  driven  from  the  polls  at  the  point  of  the  bayonet. 
In  Missouri,  Democratic  candidates,  by  force  of  arms,  have 
been  taken  off  the  stump  to  be  incarcerated  in  Military  Bas- 
tiles.  In  Kentucky,  a  few  days  since,  a  Democrat,  for  having 
the  temerity  to  run,  as  an  independent  candidate,  against  a 
so-called  Union  man,  had  his  tickets  seized  and  destroyed  by 
the  Provost  Marshal.  These  things  are  indications  of  what 
we  may  expect  in  Ohio.  What  mean  these  military  com- 
mittees in  every  county  in  your  State?  Are  they  not  de- 
signed expressly  to  overawe  the  Democracy  ?  Are  they  not 
to  be  used  as  military  appliances  to  control  the  ballot-box  ? 

"But,  Mr.  Chairman,  my  vision  stops  not  here.  I  see 
other  dark  clouds  hanging  over  us.  I  see  a  Government 
recruiting-officer  before  me.  We  find  them  in  every  nook 
and  corner  of  our  country.  I  say  to  him,  that  if  this  war 
ceases  to  be  a  war  for  the  suppression  of  the  rebellion ;  if  it 


EDSON    B.  OLDS.  589 

is  no  longer  to  be  prosecuted  for  the  maintenance  of  1  the 
Constitution  as  it  is,'  and  the  restoration  of  4  the  Union  as  it 
was,'  and  is  to  become  an  Abolition  war ;  if  your  battle-cry, 
henceforth,  is  to  be, 4  Throw  down  your  arms,  you  damned  labels, 
and  free  your  negroes,'  Democrats  will  refuse  to  volunteer ; 
and,  in  order  to  raise  these  six  hundred  thousand  soldiers, 
the  Administration  will  be  driven  to  the  draft.  Your  Gov- 
ernor has,  by  proclamation,  told  us  that  he  will  use  his  in- 
fluence to  screen  from  draft  all  such  persons  as  shall  subscribe 
liberally  in  money  toward  the  bounty  to  be  paid  to  volunteers. 
What,  let  me  inquire,  does  this  language  of  your  Governor 
mean?  Has  he  the  power  to  draft  whomsoever  he  pleases? 
If  so,  God  help  us,  poor  Democrats.  This  draft,  we  know, 
will  be  in  the  hands  of  the  Republicans.  This  declaration 
of  the  Governor  foreshadows  unfairness.  The  supposition  is 
a  natural  one,  that  the  Governor  would  like  to  send  the 
Democrats  to  the  war,  so  as  to  keep  them  away  from  the 
polls,  and  retain  Republicans  at  home,  in  order  to  save  their 
votes  for  the  party.  "With  this  declaration  of  the  Governor 
sounding  in  our  ears,  may  we  not  expect  to  be  wofully 
cheated  in  case  the  draft  takes  place  ? 

"  In  my  vision,  I  see  what  must  be  the  inevitable  conse- 
quences of  a  fraudulent  draft.  Every  man  who  feels  himself 
cheated,  who  feels  that  he  has  been  unfairly  dealt  by  in  this 
draft,  will  refuse  to  be  mustered  into  service,  and  such  refusal 
will  cause  the  shedding  of  blood ;  a  file  of  soldiers  will  be 
Bent  for  him,  and  he  will  resist  even  at  the  point  of  the  bay- 
onet. If  the  President  wishes  to  avoid  such  fearful  results ; 
if  he  wishes  to  avoid  bring-ins:  civil  war  and  bloodshed  into 
our  peaceful  cities  and  villages,  let  him  make  some  proclama- 
tion, by  which  we  may  know  that  this  war  is  not  prosecuted 
for  the  abolition  of  slavery,  and  this  draft  will  become  un 
necessary. 

"  Let  him  proclaim  that  this  war,  in  the  future,  will  bo 
prosecuted  for  the  sole  object  of  putting  down  the  rebellion, 
foi  the  maintenance  of  the  CDnstitution  and  the  Union,  and 


590 


AMERICAN  BASTILE. 


he  will  find  strong  arms  and  willing  hearts  ready  to  rally 
round  the  old  Star-spangled  Banner. 

"  Let  him  do  this,  and  this  same  old  Democratic  party, 
that  the  Republicans  are  denouncing  as  disunionists  and 
secessionists  —  this  same  old  Democratic  party,  that  rallied 
around  his  standard,  so  long  as  they  believed  him  devoted  to 
the  Union  and  the  Constitution  —  will  as;ain  fill  the  ranks  of 
his  army  to  overflowing ;  they  will,  as  heretofore,  more  than 
count  life  for  life,  bone  for  bone,  and  blood  for  blood,  with 
the  Republicans,  upon  all  your  battle-fields." 

On  the  12th  of  August,  1862,  after  ten  o'clock  at  night, 
Dr.  Olds'  house  was  forcibly  entered  by  three  Government 
ruffians,  who,  with  violence,  seized  his  person,  and,  holding 
a  revolver  at  his  head,  demanded  his  surrender.  During  the 
tir  e  they  were  making  their  repeated  and  violent  efforts  to 
burst  open  his  door,  they  gave  no  intimation  that  they  were 
Government  officers,  or  that  they  had  any  authority  for  his 
arrest.  They  came  like  assassins  and  robbers,  they  behaved 
as  such,  and  had  he  not  been  informed,  by  the  boastings  of 
certain  Republicans,  that  affidavits,  designed  to  cause  his 
arrest,  had  been  forwarded  to  the  "War  Department,  he 
should,  most  undoubtedly,  have  considered  them  such. 
When,  after  his  capture,  he  demanded  to  know  by  what 
authority  they  had  thus  rudely  broken  into  his  room  and 
seized  his  person,  they  harshly  informed  him  that  they  were 
acting  under  authority  of  the  War  Department.  He  then 
demanded  to  be  shown  their  warrant.  They  informed  him 
that  he  had  no  right  to  make  such  a  demand  ;  that  the  order 
which  they  held  was  for  their  protection,  and  not  for  his 
gratification.  They,  however,  permitted  him  to  examine  it. 
The  document  was  signed  by  C.  P.  Wolcott,  Assistant  Secre- 
tary of  War,  and  was  dated,  "  Washington  City,  August  2, 
1862."  It  was  directed  to  W.  H.  Scott,  and  commissioned  him 
to  take  with  him  one  assistant,  and  proceed  to  Lancaster, 
Ohio,  and  arrest  Edson  B.  Olds,  convey  him  to  New  York, 
and  deliver  him  to  the  commanding  officer  at  Fort  Lafayette  ; 
and  that,  if  he  were  resisted  in  the  execution  of  the  order,  he 


ED  SON    B.  OLDS. 


591 


«vaa  diluted  to  call  upon  Governor  Tod.  of  Ohio,  for  such 
assistance  as  might  be  necessary. 

The  order  contained  no  intimation  of  the  "  nature  and 
cause  "  of  the  accusation  against  him ;  indeed,  it  charged  him 
with  the  commission  of  no  offence  whatever,  and  when  he 
demanded  of  his  captors  to  know  what  were  the  charges 
against  him,  they  replied  that  they  did  not  know.  These 
Government  ruffians  were  further  directed  to  "peaceably" 
arrest  him.  Yet  with  violence  they  burst  open  the  door  of 
his  room,  and,  with  revolver  in  hand,  they  made  the  arrest. 

Thus  was  he  dragged  from  a  sick-bed  to  which  he  had 
been  confined  by  an  attack  of  acute  dysentery.  In  this 
condition,  he  was  hurried  into  a  carriage,  and  during  the 
remainder  of  the  night,  driven  to  Columbus,  and  just  at 
daylight,  placed  on  the  cars  and  conveyed,  in  his  sick  and 
exhausted  condition,  without  a  moment's  delay,  to  New 
York  city. 

Thence  he  was  taken  to  Fort  Lafayette,  where  he  was 
ordered  to  remove  his  clothing,  that  his  person  might  be 
searched.  To  make,  if  possible,  such  an  insult  still  greater 
to  an  American  citizen,  he  was  taken  into  a  side  room,  where 
around  him  lay,  in  heaps,  balls  with  chains,  and  handcuffs. 
With  such  surroundings,  he  was  stripped  and  searched,  his 
watch,  money,  spectacles,  shaving  apparatus,  and  even  medi- 
cines were  taken  from  him.  He  was  not  permitted  to  retain 
even  an  old  newspaper,  or  a  piece  of  paper  of  any  kind.  After 
this  degrading  operation  had  been  performed,  and  before  he 
was  conducted  from  the  Commandant's  room  to  his  dungeon, 
all  the  other  prisoners  about  the  Fort  were  locked  in  their 
rooms,  that  he  might  not  be  seen  and  recognized,  lest,  perad- 
venture,  information  might  be  given  to  his  friends  of  the 
cruelties  about  to  be  inflicted  upon  him.  One  of  the  prisoners 
having  learned,  a  few  days  afterward,  through  the  medium 
of  a  newspaper,  who  the  mysterious  stranger  was,  wrote  to 
a  friend,  "  that  Dr.  Olds,  of  Ohio,  had  been  brought  to  Fort 
Lafayette  and  placed  in  solitary  confinement."  His  letter 
was  returned  to  him  by  the  Commandant,  who  required  him 


692 


AMERICAN  BASTILE. 


to  strike  out  that  part  of  it  which  referred  to  the  case  ot 
Dr.  Olds. 

Dr.  Olds  was  now  placed  in  a  dungeon.  This  dungeon  was 
on  a  level  with  the  ground,  and  had  a  brick  pavement  or  floor 
over  about  the  half  of  it.  The  dampness  was  so  great  that, 
in  a  very  short  time,  a  mould  would  gather  on  any  article 
left  upon  the  floor.  His  bed  consisted  of  an  iron  stretcher, 
with  a  thin  husk  mattress  upon  it,  so  thin,  indeed,  that  he 
could  feel  every  iron  slat  the  moment  he  lay  down  upon  it. 
The  brick  floor,  with  all  its  dampness,  would  have  been  far 
more  comfortable  than  this  bed,  had  it  not  been  for  the  rats 
and  other  vermin  that  infested  the  room.  The  only  furniture 
in  his  room,  beside  the  bed,  was  a  broken  table  and  a  chair. 
His  daily  fare  consisted  of  Government  bread,  an  old  rusf  y 
tin  of  u  Lincoln  coffee, "  and  a  slice  of  boiled  salt  pork,  wil  'a 
an  onion,  occasionally,  as  an  anti-scorbutic.  His  only  drink, 
except  the  nasty  coffee,  was  rain-water.  He  was  not  furnish- 
ed with  a  towel,  nor  could  he  persuade  his  keepers  to  ghe 
him  one.  Neither  could  he  induce  his  jailers  to  let  him  ha\  e 
a  candle  during  the  long,  tedious  nights  of  his  illness.  No 
entreaty  could  procure  him  the  return  of  the  medicines  which 
had  been  taken  from  him  when  searched.  To  relieve  his  suf- 
ferings, again  and  again  he  begged  for  a  small  piece  of  opium, 
which  had  been  taken  from  his  pocket  with  the  other  medi- 
cine, but  all  in  vain.  After  ten  days  of  such  treatment  and 
Buffering,  late  one  night,  the  sergeant  of  the  guard  brought 
him  some  medicine,  which,  he  informed  the  Doctor,  the  sur- 
geon of  Fort  Hamilton  had  sent  him.  This  surgeon  knew 
nothing  about  his  case,  never  having  seen  him,  or  been  in- 
formed by  him  of  his  condition.  With  no  light  in  his  cell, 
and  no  one  to  counsel  him,  the  reader  can  well  understand 
why  he  would  not  take  the  medicine. 

He  did  not  know  but  that  this  jailer's  design  was  to  poison 
him.  Their  previous  treatment  justified  such  an  opinion, 
lie  determined  that  if  he  was  to  die  in  Fort  Lafayette,  it 
should  be  a  natural  death,  unless  tried  by  a  drum-head  court- 
martial  and  shot    This  he  felt  they  had  as  much  right  to 


EDSON    B.  OLDS. 


593 


do  as  to  arrest  and  imprison  him.  By  such  treatment,  his 
combativeness  was  aroused,  and  this,  no  doubt,  contributed 
much  toward  saving  his  life,  for,  as  he  says  :  "  I  was  too  mad 
to  die."  About  this  time  his  son,  hearing  where  he  was,  vis 
ited  him  ;  and  who  will  be  surprised  that  he  found  hisfathei 
u  emaciated  and  careworn  ?  "  If  anything  could  have  added 
to  the  cruelty  inflicted  upon  him,  during  the  long  days  and 
nights  of  his  sickness  and  suffering,  it  was  the  refusal  of  the 
Commandant  to  allow  him  the  use  of  a  Bible.  Day  after  day 
he  begged  the  sergeant  to  procure  one  for  him.  His  constant 
answer  was,  "  The  commanding  officer  says  you  shan't  have 
one."  The  Doctor  begged  him  to  remind  the  officer  that  they 
lived  in  a  Christian,  and  not  a  heathen  land  —  that  he  was  an 
American  citizen,  and  not  a  condemned  felon.  Still  the 
answer  was,  "  The  commanding  officer  says  you  shan't  have 
one,  and  you  need  not  ask  any  more ; "  and  it  was  not  until 
after  sixteen  days  of  such  more  than  heathenish  treatment, 
that  Colonel  Burke,  of  Fort  Hamilton,  upon  the  importunity 
of  his  son,  sent  an  order  to  the  Commandant  at  Fort  Lafay- 
ette to  let  him  have  a  Bible. 

It  was  on  the  sixteenth  day  of  his  lonely  imprisonment, 
that  his  son,  upon  an  order  of  the  Secretary  of  War,  was 
permitted  to  see  him,  not  in  his  lonely  cell,  tut  in  the  Com- 
mandant's room  and  presence.  It  was  with  much  difficulty 
that,  even  at  that  time,  he  was  able  to  walk  from  his  cell  to 
the  officers'  room.  This  was  the  first  time  during  his  im- 
prisonment that  he  had  been  able  to  obtain  an  interview 
with  the  Commandant.  In  his  weekly  inspection  of  the 
prisoners,  he  had  carefully  avoided  the  Doctor's  dungeon. 
No  kindly  message  of  inquiry  as  to  his  wants  and  condition 
had  ever  been  made.  Dr.  Olds  seized  upon  that  opportunity 
to  let  him  know  that  he  was  a  human  being,  and  as  such 
entitled  to  human  treatment,  that  such  a  thing  as  refusing  a 
prisoner  a  Bible  was  unknown  in  any  civilized  community 
His  answer  to  the  prisoner  was,  that  he  was  not  permitted, 
under  his  orders,  to  let  him  have  one. 

He  had  great  reason  to  be  thankful  that  his  son's  *isit 
88 


594 


AMERICAN  BASTILE. 


gave  him  an  opportunity  to  see  the  Commandant;  for,  from 
that  time,  although  he  was  kept  in  solitary  confinement,  his 
condition  was  much  more  comfortable:  a  better  mattress 
was  put  upon  his  bed,  occasionally  a  raw  onion  or  tomato 
was  added  to  his  dinner,  and  on  two  occasions  some  pickled 
beets  were  sent  him  from  the  cook-room. 

His  son  was  compelled  to  visit  Washington,  to  obtain 
from  the  Secretary  of  War  an  order  granting  him  permission 
to  see  him,  before  he  could  be  admitted  to  the  Fort.  As 
soon  as  he  learned  how  he  had  been  treated,  he  returned  im- 
mediately to  Washington,  and,  with  the  assistance  of  a  very 
kind  friend,  procured  an  order  from  Secretary  Stanton  fox 
his  release  from  solitary  confinement,  and  that  he  should 
have  all  the  privileges  accorded  to  the  other  prisoners.  And 
thus,  after  twenty-tico  days  of  worse  than  heathenish  treat- 
ment,  his  dungeon  door  was  unlocked,  and  he  was  permitted 
to  hold  intercourse  with  his  fellow-prisoners. 

After  Dr.  Olds'  release  from  solitary  confinement,  he  was 
put  in  a  casemate  with  eleven  others,  making  twelve  persons 
in  a  room  measuring  fifteen  by  twenty-five  feet.  In  this 
room  they  slept,  cooked,  and  ate.  In  it  were  their  beds, 
chairs,  tables,  trunks,  cooking-utensils,  table-furniture,  etc. 
They  were  locked  in  their  room  at  sunset,  and  unlocked 
again  at  sunrise.  Through  the  day  they  were  permitted  to 
stand  or  sit  in  front  of  their  cell,  inside  the  Fort.  They  had, 
morning  and  evening,  what  was  called  a  "walking  hour." 
This  hour  was  sometimes  ten,  and  sometimes  thirty  minutes 
Jong,  just  as  it  suited  the  caprice  or  whim  of  the  sergeant. 
The  walking  ground  was  inside  the  Fort.  Dr.  Olds  says,  "  We 
were  permitted  to  walk  backward  and  forward  across  the 
area  of  the  Fort,  which  was  perhaps  a  little  larger  than  the 
City  Hall  at  Columbus,  Ohio.  We  were  permitted,  by  the 
commanding  officer,  to  supply  and  cook  our  own  food.  Wo 
were  compelled  to  use  rain-water  for  all  purposes,  cooking, 
washing,  and  drinking.  Each  and  every  time  that  we  drew  any 
from  the  cistern,  we  were  required  to  obtain  permission  from 
tlie  dergcant  of  the  guard.    This,  like  all  cistern  water,  was 


EDSON    B.  OLDS. 


595 


sometimes  quite  good,  and  at  other  times  very  offensive.  Mr. 
Chi  ids,  one  of  my  mess,  informed  me  that  at  one  time,  during 
the  latter  part  of  the  winter  of  1862,  in  consequence  of  the 
accumulation  of  ice  in  the  gutters,  all  the  washings  and 
scou rings  from  the  soldiers*  quarters  ran  into  the  cistern,  out 
of  which  the  prisoners  were  compelled  to  draw  the  water 
they  used ;  that  the  water  became  so  filthy  that  they  had  to 
boil  and  skim  it  before  using  it ;  and  that  notwithstanding 
they  had  three  other  cisterns  inside  the  Fort,  full  of  com- 
paratively clean  water,  the  commanding  officer  compelled 
them  to  use  this."  We  here  give  an  incident  that  came  to 
the  knowledge  of  Dr.  Olds  daring  his  captivity,  which  is  so 
inhuman  and  monstrous  as  almost  to  challenge  belief. 

There  were  at  one  time  confined  in  one  of  the  rooms  of 
what  is  called  the  Battery,  some  thirty  prisoners.  One  of 
these  poor  fellows  was  prostrated  with  sickness,  and  near 
unto  death.  Night  came  on,  and  it  was  thought  that  the 
poor  fellow  could  not  live  until  morning.  The  prisoners  coiv 
fined  in  the  room  of  the  dying  man,  begged  that  for  ono 
night,  at  least,  they  might  be  permitted  to  have  a  light  in 
their  prison ;  and  incredible  as  it  may  seem,  this  request  was 
refused  ;  and  in  this  boasted  land  of  liberty,  civilization,  and 
Christianity,  these  prisoners  were  locked  up  in  their  dark 
prison-house,  with  the  dying  man.  During  that  long,  dark 
night,  they  could  hear  his  dying  moans ;  louder  and  louder 
grew  the  death-rattle,  until  near  morning,  when  all  became 
Btill  and  hushed ;  and  when  the  light  of  day  broke  in  upon 
that  loathsome  dungeon,  death  had  done  its  work.  This 
poor  victim  of  President  Lincoln's  despotism  had  ceased  to 
live ;  his  released  spirit  had  gone  to  that  world  where  "  the 
wicked  cease  from  troubling,  and  the  weary  are  at  rest." 

Several  times  during  the  last  three  weeks  of  Doctor  Olds' 
confinement,  he  was  offered  his  liberty  upon  condition  that 
he  would  "  take  the  oath,"  which  he  persistently  refused,  not 
because  he  was,  or  intended  to  be  disloyal,  but  because  ho 
would  not  submit  to  be  discharged  in  any  manner  by  which 
his  enemies  could,  even  by  implication,  infer  that  he  auknowl- 


596 


AMERICAN  BASTILE. 


edged  himself  rightfully  charged  with  any  offence  against 
the  Government. 

After  four  months'  imprisonment  in  Fort  Lafayette,  twenty- 
two  days  of  which  were  spent  in  solitary  confinement,  and 
without  having  any  charges  made  against  him,  or  any  trial, 
Dr.  Olds,  on  the  12th  of  December,  1862,  was  set  at  liberty, 
and  on  the  20th  of  the  same  month,  reached  his  home  in 
Lancaster,  Ohio. 

From  the  Lancaster  "  Eagle." 

"  Olds'  reception  on  last  Saturday  is  unparalleled  in  num 
bers  and  enthusiasm.  Lancaster  never  witnessed  such  an  out- 
pouring of  the  people.  Cripples  would  have  stood  no  chance 
at  all  in  the  unbroken  and  tremendous  rush  and  jam.  The 
first  seen  of  Olds  after  the  train  stopped  at  the  Lancaster 
depot,  was  upon  the  shoulders  and  heads  of  the  crowding 
and  solid  mass  of  Democrats.  We  estimate  the  crowd  at 
twelve  thousand.  The  surrounding  counties  were  all  credit- 
ably represented.  An  extra  train  from  Circleville  brought 
about  one  hundred  sound,  cheering  Democrats,  with  a  brass 
band !  We  have  not  space  to  particularize  and  comment  as 
we  desire.  The  eloquent  reception  speech  of  Mr.  Martin,  and 
the  matter-of-fact,  though  eloquent  remarks  of  Dr.  Olds,  pub 
lished  below,  we  know  will  be  read  and  pondered  by  all 

C.  D.  Martin's  Reception  Speech. 

"  Dr.  Olds  :  I  have  been  commissioned  by  the  Democracy 
of  this  county  to  perform  the  grateful  and  pleasing  task  of 
bidding  you  a  formal  welcome  to  your  home,  your  friends, 
and  your  constituents  It  is  the  spontaneous  and  gen- 
erous greeting  with  which  a  magnanimous  people  welcome 
the  deliverance  of  their  friend  and  representative  from  the 
odious  thraldom  of  a  political  Bastile.  It  is,  sir,  the  token 
and  memorial  of  the  fixed  and  unalterable  deteimination  of 
the  sovereign  people  that  such  insufferable  wrongs  shall  not 
t>e  perpetrated  with  impunity. 

44  On  the  1 2th  of  August  last,  at  the  midnight  hour,  th« 


EDSON    B.  OLDS. 


597 


privacy  of  your  home  was  invaded — meanly  and  stealthily 
invaded  by  armed  men — your  chamber  was  broken  into,  and 
yourself,  an  old  man  of  threescore  and  ten,  wholly  unarmed 
and  unprotected,  dragged  from  a  bed  of  sickness,  and  forcibly 
and  secretly  abducted.  You  were  transported  in  the  same 
secret  and  violent  manner  from  your  home  and  friends,  from 
your  county  and  State,  and  confined  within  the  gloomy 
walls  of  a  Military  Fortress,  whose  heavy  buttresses  and 
frowning  battlements  look  out  on  the  deep  blue  waters. 

"You  were  detained  a  prisoner  for  four  weary  months. 
We  have  heard  somewhat '  the  secrets  of  your  prison-house. 9 
How,  for  "twenty-two  days  you  were  kept  in  solitary  confine- 
ment in  a  dark,  gloomy,  and  ill-ventilated  casemate.  How 
you  were  completely  excluded  from  the  world  and  all  knowl- 
edge of  home,  friends,  and  country.  How  every  personal 
comfort  was  denied  you.  And  you  were  permitted  to  behold 
no  human  countenance  but  the  grim  visage  of  your  jailer. 
How,  in  short,  those  days  of  imprisonment  were  imbittered 
by  the  studied  arts  of  refined  cruelty.  Well  you  may  exclaim, 
in  the  immortal  language  of  the  Prisoner  of  Chillon, 

'My  limbs  are  bowed,  though  not  with  toil, 

But  rusted  with  a  Tile  repose, 
For  they  have  been  a  dungeon's  spoil ; 

And  mine  have  been  the  fate  of  those 
For  whom  the  goodly  earth  and  air 
Are  banned  and  barred  —  forbidden  fare.' 

"  Posterity  will  read  with  wonder  and  shame  the  story  of 
your  persecution.  Even  the  hardened  jailer  was  touched 
with  compassion  at  your  sufferings ;  for  when  remonstrated 
with  by  your  son,  who  had  found  his  way  to  your  prison 
door,  he  declared  against  the  iniquities  he  was  compelled  to 
practise  by  his  superiors  at  Washington. 

44  You  were  thus  arrested,  thus  abducted,  thus  imprisoned, 
without  law,  and  against  law,  and  in  contempt  even  of  th<3 
forms  of  law.  You  have  suffered  execution  of  sentence — 
you  have  suffered  an  inhuman  and  barbarous  ptmishment, 


598 


AMERICAN  BASTILE. 


but  without  trial,  without  an  opportunity  of  defence,  and 
without  judgment  A  secret  and  insidious  political  in- 
former has  heen  esteemed  the  most  odious  of  characters.  He 
Is  held  in  utter  detestation  by  all  honorable  men.  lie  stabs 
in  the  dark.  Personal  malignity  and  private  gain  are  hi* 
only  motives.  Falsehood  and  detraction  are  the  instruments 
he  employs.  In  a  free  country,  where  the  laws  are  respected 
and  judicially  administered,  he  has  no  existence.  His  vulture 
occupation  prospers  only  in  a  despotism,  where  arbitrary  ar- 
rests and  secret  inquisitions  obtain. 

"  In  the  issue  joined  between  you  and  the  secret  informer 
the  people  have  rendered  their  verdict.  Your  neighbors,  your 
fellow-citizens,  that  public  to  whom  your  alleged  disloyal 
speeches  were  made,  have  spoken.  When  recently  an  afflic- 
tive dispensation  of  Providence  removed  from  its  earthly 
home  their  representative  in  the  State  Legislature,  the 
gifted,  lamented  Jeffries,  they  sought  you  out  in  the  gloom 
of  the  prison,  and  conferred  upon  you  by  their  unbought  and 
unsolicited  suffrages,  the  high  honor  of  that  representative 
trust.  This,  sir,  is  a  proud  vindication  of  your  loyalty,  and 
a  complete  refutation  of  the  calumny  laid  to  your  charge.  .  .  . 
Peace  and  Union  are  the  highest  aspirations  of  a  Democratic 
heart  —  a  peace  durable  and  beneficent,  and  a  Union  con- 
served by  wise  constitutional  enactments  against  the  assaults 
of  sectional  fanaticism.  Wishing  you  much  happiness  and 
long  life,  I  again,  in  the  name  of  these  lion-hearted  Demo- 
crats, bid  you  welcome,  thrice  welcome,  to  your  home,  friends, 
and  constituents." 

Dr.  Olds'  Reply. 

M  Mr.  Martin  :  I  thank  you,  and,  through  you,  all  this  vast 
multitude  of  my  friends  and  fellow-citizens,  for  this  most 
cordial  reception  upon  my  return  from  imprisonment.  I  do 
not  misunderstand  the  joy  that  now  warms  your  hearts  and 
beams  upon  your  countenances.  It  is  not  merely  that  a  fel- 
low-citizen is  returning  to  the  society  of  his  friends  and  the 
bosom  of  his  family.    It  is  something  deeper  and  broadei 


EDSON    B.  OLDS. 


599 


than  this.  It  is  because,  in  my  restoration  to  liberty,  you 
have  a  quasi  guarantee  that  the  reign  of  terror  in  this  coun 
try  is  coining  to  an  end,  and  that  the  keys  of  the  American 
Bastiles  are  being,  by  the  omnipotent  voice  of  the  people, 
wrested  from  the  hands  of  the  Jacobins  now  in  power,  and 
held  up  to  the  gaze  of  the  Dantons,  Murats,  and  Robespierres 
of  the  Administration,  as  a  warning  to  them  of  their  approach- 
ing doom. 

"  You  rejoice,  because,  in  my  restoration,  you  have  made 
an  advance  toward  the  re-establishment  of  constitutional  lib- 
erty ;  you  rejoice,  because,  in  my  release,  you  feel  renewed 
confidence  in  your  own  freedom  ;  you  rejoice,  because  you 
feel,  once  more,  secure  in  your  persons,  your  houses,  and  your 
property ;  you  rejoice,  because,  in  my  release,  you  have  a 
guarantee  that  you,  yourselves,  will  no  longer  be  subject  to 
the  worse  than  Star-Chamber  despotism ;  you  rejoice,  my 
friends,  because  you  expect,  on  this  occasion,  to  hear  from 
one  in  whom  you  have  confidence,  one  who  knows,  by  per- 
sonal experience,  some  of  the  horrors  seen  and  felt  in  the 
secret  chambers  of  the  American  Inquisition  

"  Daniel  Webster  said :  4  The  first  object  of  a  free  people  is  the 
preservation  of  their  liberty  ;  and  liberty  is  to  be  preserved  by 
maintaining  constitutional  restraints  and  just  divisions  of 

political  power  All  republics,  all  governments  of  law, 

must  impose  numerous  limitations  and  qualifications  of 
authority,  and  give  many  positive  and  many  qualified  rights. 
In  other  words,  they  must  be  subject  to  rule  and  regulation. 
This  is  the  very  essence  of  free  political  institutions. 

"  4  The  spirit  of  liberty  is,  indeed,  a  bold  and  fearlesa 
spirit ;  but  it  is  also  a  sharp-sighted  spirit ;  it  is  a  cautious, 
sagacious,  discriminating,  far-seeing  intelligence  ;  it  is  jealous 
of  encroachments,  jealous  of  power,  jealous  of  man.  It  de- 
mands checks  ;  it  seeks  for  guards  ;  it  insists  upon  securities ; 
it  intrenches  itself  behind  strong  defences,  and  fortifies  itself, 
with  all  possible  care,  against  the  assaults  of  ambition  and 
passion.  It  does  not  trust  the  amiable  weaknesses  of  human 
nature ;  and,  therefore,  will  not  permit  power  to  overtop  itJ 


600 


AMERICAN  BASTILE. 


prescribed  limits,  though  benevolence,  good  intent,  and  patn 
otic  purpose  come  along  with  it.  Neither  does  it  satisfy  it- 
self with  flashy  and  temporary  resistance  to  its  legal  author- 
ity. Far  otherwise.  It  seeks  for  duration  and  permanency. 
It  looks  before  and  after ;  and,  building  upon  the  experience 
of  ages  that  are  passed,  it  labors  diligently  for  the  benefit  of 
ages  that  are  to  come.  Tbis  is  the  nature  of  constitutional 
liberty  ;  and  this  is  our  liberty,  if  we  will  rightfully  under- 
stand and  preserve  it.'  ...  . 

"  The  Constitution,  in  the  fourth  article,  expressly  forbids  the 
arbitrary  arrest  and  imprisonment  of  the  citizen.  Washington 
thought  that, in  the  original  Constitution,  'more  checks  and 
barriers  against  the  introduction  of  tyranny  were  to  be  found 
than  in  any  government  before  instituted  among  mortals/ 
But  our  fathers  were  not  satisfied  with  the  protection  against 
tyranny  and  arbitrary  arrests  to  be  found  in  the  original  Con- 
stitution. So  fearful  were  they  that,  under  some  great  emer- 
gency, this  sacred  chart  of  our  liberties  might  be  abused, 
under  the  plea  of  '  necessity,'  that,  almost  immediately  afte^ 
its  adoption,  they  proposed,  and  the  States  ratified,  several 
amendments,  all  designed  to  still  further  prevent  Executive 
encroachments,  and  protect  the  rights  and  liberties  of  the 
citizen.  The  first  of  these  amendments  provides  that  4  Con- 
gress shall  make  no  law  abridging  the  freedom  of  speech  or 
the  press.' 

44  The  fourth  amendment  says :  4  The  right  of  the  people  to 
be  secure  in  their  persons,  houses,  papers,  and  effects,  against 
unreasonable  searches  and  seizures,  shall  not  be  violated  ;  and 
no  warrants  shall  issue  but  upon  probable  cause,  supported 
by  oath  or  affirmation,  and  particularly  describing  the  place 
to  be  searched,  and  the  persons  or  things  to  be  seized.' 

44  The  fifth  amendment  says :  4  No  person  sball  be  held  to 
answer  for  a  capital  or  otherwise  infamous  crime,  unless  on 
a  presentment  or  indictment  of  a  grand  jury,  except  in  cases 
arising  in  the  land  or  naval  forces,  or  in  the  militia,  when  in 
actual  service,  in  time  of  war  or  public  danger  ;  nor  shall 
any  person  be  subject  for  the  same  offence  to  be  twice  put 


EDSON    B.  OLDS. 


601 


in  jeopardy  of  life  or  limb ;  nor  shall  be  compelled,  in  any 
criminal  case,  to  be  a  witness  against  himself,  nor  be  de- 
prived of  life,  liberty,  or  property,  without  due  process  of 
law ;  nor  shall  private  property  be  taken  for  public  use  with- 
out just  compensation.'  .... 

"Such  are  some  of  the  safeguards  thrown  around  the  citizen 
by  that  Constitution  which  was  devised  by  the  wisdom  of  our 
fathers.  They  are  all  in  full  force  to-day.  They  are  as  much 
binding  upon  the  President  of  the  United  States  and  the 
Governor  of  Ohio  as  upon  the  humblest  citizen — nay,  more, 
they  ought  to  be  doubly  binding  upon  Abraham  Lincoln  and 
David  Tod,  for  they  are  bound  by  their  oaths  of  office  to  sup- 
port and  maintain  this  sacred  instrument. 

"How  have  these  high  functionaries  kept  their  solemn 
oath?  Have  they  maintained  the  freedom  of  speech  and 
of  the  press  ? 

"  Have  they  1  held  inviolate  the  right  of  the  people  to  be 
eecure  in  their  persons,  houses,  and  effects,  against  unreason- 
able searches  and  seizures'  ? 

"  Have  they  deprived  no  person  of  liberty  without  due  pro- 
cess of  law  ? 

"  Have  they  given  all  persons  whom  they  have  caused  to  be 
arrested,  4  a  speedy  and  public  trial  by  an  impartial  jury '  ? 

'*  Have  they  transported  no  person  whom  they  have  caused 
to  be  arrested,  *  out  of  the  State  and  district  wherein  the 
offence  was  committed  '  ? 

"  Have  they  informed  all  persons  whom  they  have  caused 
to  be  arrested, 4  of  the  nature  and  cause  of  the  accusation 
against  them '  ? 

"  Have  they  caused  the  persons  whom  they  have  arrested, 
i  to  be  confronted  with  the  witnesses  against  them  '  ? 

"  Have  they  given  *  the  assistance  of  counsel  for  their  de- 
fence '  ? 

"Have  they  'inflicted  upon  them  no  cruel  and  unusual 
punishment '  ? 

"  I  stand  here  to-day  as  a  living  witness,  and  I  will  stand 
it  the  bar  of  God,  to  add  my  testimony  to  that  of  my  fellow- 


602 


AMERICAN  BASTILE. 


prisoners^  that,  notwithstanding  their  solemn  oaths,  thej 
have  violated  every  one  of  these  constitutional  provisions. 

"  In  violation  of  the  Constitution,  Lincoln  and  Tod  had 
me  arrested  for  using  the  freedom  of  speech. 

"  In  violation  of  the  Constitution,  they  caused  my  hous* 
to  be  forcibly  entered. 

"  In  violation  of  the  Constitution,  they  caused  my  papers 
10  be  searched. 

"  In  violation  of  the  Constitution,  they  caused  my  person 
to  be  seized  by  armed  ruffians. 

"  In  violation  of  the  Constitution,  they  deprived  me  of 
liberty  without  due  process  of  law. 

"  In  violation  of  the  Constitution,  they  held  me  to  answer 
infamous  accusations,  without  presentment  or  indictment  by 
a  grand  jury. 

"  In  violation  of  the  Constitution,  they  denied  me  the  right, 
of  a  speedy  and  public  trial  by  an  impartial  jury. 

"  In  violation  of  the  Constitution,  they  have  carried  me 
out  of  the  State  and  district  in  which  my  alleged  offence  waa 
committed. 

"  In  violation  of  the  Constitution,  they  have  refused  to 
inform  me  of  the  nature  and  cause  of  the  accusation  against 
me. 

"  In  violation  of  the  Constitution,  they  have  never  con- 
fronted me  with  the  witnesses  against  me. 

"  In  violation  of  the  Constitution,  they  have  not  permitted 
me  to  have  counsel  for  my  defence.  On  the  contrary,  the 
Secretary  of  State  directed  the  Commandant  of  Fort  Lafay- 
ette to  read  to  the  prisoners  an  order  from  the  State  Depart- 
ment, in  these  words :  4  That  the  General  Government  will 
not  recognize  any  one  as  an  attorney  for  political  prisoners, 
and  will  look  with  distrust  upon  all  applications  for  release 
through  such  channels,  and  that  such  applications  will  be 
regarded  as  additional  reasons  for  declining  to  release  such 
persons.'  Could  there  be,  by  any  possibility,  a  more  direct 
and  defiant  disregard  of  the  Constitution  than  this  order  ? 

"  And  in  violation  of  the  Constitution,  and  even  without  bo 


EDSON    B.  OLDS. 


603 


much  as  a  mock  trial,  they  have  inflicted  upon  ine  cruel  and 
unusual  punishrjent  

"There  stands  tc-day,  just  inside  the  sallyport  of  Fort 
Lafayette,  a  brass  six-pounder,  loaded  with  a  bomb.  This 
cannon  was  planted  in  that  position  at  the  time  when  it  was 
expected  that  the  Sheriff  of  jSew  York  would  attempt  to 
execute  a  writ  of  habeas  corpus  upon  the  commander  of  the 
Fort.  He  says  that  he  has  practised  with  it  until  he  has  ob- 
tained the  exact  position,  so  that  a  bomb  fired  from  it  would 
explode  in  the  sallyport ;  he  boasts  that  with  a  single  bomb 
he  could  utterly  destroy  the  Sheriff  with  his  whole  posse  comi- 
tatus ;  and  in  derision  of  this  writ,  he  has  nicknamed  this 
cannon  4  his  habeas  corpus.9  .... 

"  Upon  1  lettres  dc  cachet9  a  term  unknown  to  the  laws  and 
Constitution  of  this  country  —  a  term  borrowed  from  the 
despotism  of  the  dark  ages  —  a  process  every  letter  of  which 
was  so  rank  with  the  smell  of  blood,  that  even  the  Jacobins 
of  France  discarded  it  —  I  was  arrested.  And  as  if  there 
were  not  infamy  enough  in  such  a  process,  the  Administra- 
tion deepens  its  infamy  by  adopting  the  long-discarded  prac- 
tice of  the  Spanish  Inquisition,  which  caused  its  victims  to 
be  arrested  under  cover  of  night  

"My  friends,  when  all  the  barriers  of  constitutional  liberty 
are  broken  down ;  when  the  habeas  corpus  is  set  aside  ;  when 
the  tribunals  in  which,  heretofore,  the  oppressed  have  found 
redress  for  lawless  violence,  are  resisted  and  set  at  nought 
with  arrogance  and  contempt ;  when  loyal,  law-abiding  citi- 
zens are  imprisoned  at  the  discretion  of  some  minion  of  a 
Cabinet  officer,  or  on  the  ' /  order  the  arrest  of  Dr.  Olds,'  of 
David  Tod  ;  when  the  sacred  right  of  trial  by  jury  is  set 
aside  for  military  commissions  —  the  inquiry  of  what  are  we 
to  expect  next  ?  becomes  one  of  momentous  interest  to  every 
citizen.  It  is  a  question  which  comes  home  alike  to  Repub- 
licans and  Democrats. 

"During  the  dreadful  days  of  the  French  Revolution, 
party  followed  party  with  such  rapidity,  that  it  seemed  more 
like  a  panorama  upon  the  stage  than  a  living  and  passiug 


604 


AMERICAN  BASTILE. 


drama.    Those  men  who  to-day  consigned  their  victims  to 

the  Bastile.  or  ordered  them  to  the  guillotine,  were,  on  the 
morrow,  by  these  revolutions  of  party,  themselves  the  occu 
pants  of  cells  in  the  Eastiles,  or  their  headless  trunks  lay 

bleeding  beneath  the  axe  of  the  guillotine  Haman, 

vhile  basking  in  the  king's  favor,  raised  a  gallows  fifty 
cubits  high,  upon  which  to  hang  Mordecai,  the  Jew  ;  but  alas, 
poor  Ilaman !  on  the  morrow  he  was  hanging  from  his  own 
gallows  

"  The  future  historian  of  our  country  will  not  only  be  com- 
pelled to  darken  his  pages  with  Lincoln's  imitations  of  the 
reign  of  terror  in  France,  but  he  will  be  compelled  to  record 
also  his  adoption  of  the  dogmas,  the  maxims,  and  the  prac- 
tices of  the  Spanish  Inquisition  

"  Not  in  Austria,  not  in  Spain,  not  in  Xaples,  but  in  free 
America  —  not  in  the  dark  ages  of  superstition  and  despot- 
ism, but  in  the  nineteenth  century — not  by  an  Inquisitor- 
General,  but  by  Abraham  Lincoln,  all  the  outrages  of  the 
Inquisition,  so  graphically  and  truthfully  described  by  the 
historian  Prescott,  have  been  practised  upon  the  victims  of 
this  Administration,  in  these  Military  Eastiles.  And  now, 
my  friends,  what  is  the  plea  for  all  this  despotism  ? 

"It  is  the  plea  used  by  tyrants  and  despots  —  the  plea  of 
'necessity.'  Let  Mr.  Lincoln  and  the  people  both  be  admon- 
ished in  time  ;  history  furnishes  us  with  no  example  in  which 
such  despotic  power,  no  matter  what  the  emergency  may 
have  been  which  caused  it  to  be  used,  has  been  voluntarily 
relinquished.  It  has  always  ended  either  in  the  complete 
subjugation  of  the  people,  or  the  overthrow  and  death  of  the 
tvrant  who  fails  in  maintaining  it  

"  And  in  conclusion,  my  friends,  permit  me  to  say,  that 
although  I  would  not  'take  the  oath.'  attempted  again  and 
again  to  be  forced  upon  me  by  Mr.  Lincoln,  as  a  condition 
of  my  release,  yet.  when  in  two  weeks  from  this  time,  I  take 
my  seat  as  your  representative  in  the  Legislature,  I  shall 
most  cheerfully  take  the  oath  of  allegiance  to  both  the  Con- 
stitution of  the  United  States  and  the  Constitution  of  the 


EPSON    B.  OLDS. 


605 


State  of  Ohio.  That  oath,  notwithstanding  the  example  of 
Loth  Lincoln  and  Tod  to  the  contrary,  I  shall  maintain  invi- 
olate. All  those  sacred  guarantees  which  both  these  consti- 
tutions throw  around  you,  to  protect  you  in  your  inalienable 
rights,  I  will  endeavor  to  enforce  to  the  utmost  of  my  poor 
ability,  in  defiance  of  the  despotism  of  both  the  President 
and  the  Governor,  although  by  so  doing,  I  may  be  again 
returned  to  my  lonely  cell  in  Fort  Lafayette. 

"  Again,  my  friends,  for  this  most  extraordinary  reception 
—  for  this  most  cordial  greeting,  I  tender  you  my  heartfelt 
thanks." 


JCTLX  E.  ROBINSON. 


X  the  20th  of  September,  1864,  Mr.  John  E.  Kobinson,  a 


resident  of  Philadelphia,  was  arrested  on  the  streets  of 
the  city  of  Sandusky,  Ohio,  at  which  place  he  was  then 
Boj ou ruing.  He  had  been  in  bad  health  for  some  time  pre- 
viously, and  in  August,  at  the  solicitation  of  his  father,  de« 
termincd  to  make  a  tour  of  the  Northern  States.  He  had 
oeen  but  a  short  time  in  Sandusky  when  his  arrest  took 
place.  As  he  was  returning  from  a  funeral  service,  he  was 
accosted  by  an  officer  with  a  squad  of  marines,  from  the 
United  States  gunboat  Michigan,  then  lying  in  the  offing  of 
Sandusky  Bay,  a  body  of  water  about  twenty  miles  long  by 
five  or  six  wide,  making  inland  from  Lake  Erie.  The  officer, 
without,  farther  parlance,  arrested  and  proceeded  to  convey 
him  on  board  the  gunboat. 

To  Mr.  Robinson's  inquiry  as  to  the  cause  of  his  arrest, 
he  was  informed  by  the  officer  that  he  would  be  made  ac- 
quainted with  ;t  on  his  arrival  on  the  gunboat.  lie  was 
hurried  forward  through  the  crowd  toward  the  landing, 
whence  he  was  taken  on  board  the  vessel  and  confined.  The 
streets  through  which  he  passed  were  crowded  with  people, 
many  of  whom  threatened  him  with  personal  violence.  The 
cries  from  the  crowd  of  "Hang  him,"  "  Bring  a  rope,"  "Lynch 
him,"  etc.,  added  to  personal  abuse  and  maledictions,  were 
calculated  to  appal  the  stoutest  heart.  When  the  prisoner 
arrived  on  board  the  gunboat,  he  was  taken  into  the  presence 
of  the  Captain,  who,  surrounded  by  his  subordinate  officers, 
closely  questioned  him.  At  the  close  of  the  examination  he 
was  told  that  he  would  be  detained,  and  was  consigned  to  a 
email  state-room,  where  Lc  was  confined  for  five  days.  From 
the  purport  of  the  ex&Siii  ation,  Mr.  E.  concluded  that  he 


COG 


JOHN    E.  ROBINSON. 


607 


was  arrested  on  suspicion  of  having  been  concern ed  in  the 
14  Lake  Erie  raid,"  although  he  was  not  openly  charged  with 
any  offence.  On  the  25th,  he  was  removed  from  the  «tate- 
room,  and  conveyed  to  Johnson's  Island,  once  known  as 
i4the  Beautiful  Isle  of  the  Lake,"  but  more  recently  familiar 
to  the  world  as  the  place  where  Confederate  prisoners  of 
war  were  confined.  Here  Mr.  B,.  was  placed  in  a  tent,  and 
guarded  day  and  night  by  two  sentinels,  the  one  pacing  in 
front,  and  the  other  in  the  rear  of  his  tent.  lie  was  for- 
bidden to  converse  with  any  person  except  the  command- 
ing officer  or  the  officer  of  the  day.  Books  and  newspaper* 
were  denied  him,  and  he  was  prohibited  writing  more  than 
one  page  of  common  note-paper  once  a  week.  On  the  29th, 
after  four  days  of  incarceration  in  the  tent,  he  was  taken  to 
Cleveland,  and  placed  among  thieves,  pickpockets,  burglars, 
and  negroes,  in  the  County  Jail.  Here  he  remained  until 
the  8th  of  October,  when  he  was  taken  from  the  jail,  hand- 
cuffed, and  marched  through  the  streets  of  Cleveland,  and 
again  transported  to  Johnson's  Island,  and  assigned  his  old 
quarters  in  the  tent.  His  food,  although  not  good,  was  com- 
paratively better  than  his  bed.  Accustomed  to  the  luxury 
of  a  good  bed,  and  all  the  surrounding  comforts  of  home, 
and  being  in  delicate  health,  he  soon  began  to  break  down 
from  the  ill  effects  experienced  from  lying  on  the  ground. 
He  had  no  mattress,  and  but  one  old  blanket,  so  narrow  that 
it  would  not  cover  his  entire  person.  This  he  used  to  lie 
upon,  to  protect  his  person  from  the  damp  ground.  In  his 
misery  he  many  times  begged  for  some  straw  or  hay  to  lie 
upon,  which  was  often  promised  him,  and  as  often  forgotten. 
The  chilly  winds  admonished  him  of  the  approach  of  winter, 
and  tended  to  increase  the  horrors  of  his  situation.  Alone, 
illy  clad,  sack,  and  in  prison,  without  any  direct  charge 
having  been  preferred,  without  counsel,  and  denied  a  troJ, 
H  seemed  as  if  he  had  been  taken  there  to  perish. 

"While  in  this  condition  he  was  given  a  small  ie beet  iron 
stove,  such  as  are  used  in  tents.  To  keep  the  tent  comfort- 
able required  him  to  keep  the  fire  burning  briskly.  Thin 


608 


AMERICAN  BASTILE. 


was  ].  possible  during  the  day,  but  at  "  taps,"  he  was  compelled 
to  let  the  fire  go  out,  as  the  opening  of  the  stove-door  to  put 
fuel  on  the  fire,  caused  the  light  to  flash  out  into  the  camp, 
which  produced  from  the  sentinel  the  peremptory  order  of 
"  put  out  that  fire."  This  order,  of  course,  had  to  be  obeyed, 
and  during  the  remainder  of  the  night  the  prisoner  sat  and 
shivered  with  cold,  or  walked  a  few  steps  backward  and  for- 
ward in  the  tent,  to  keep  up  the  circulation  of  his  blood. 
This  treatment  continued  until  about  the  first  of  December, 
when  a  sort  of  shed  was  built.  In  this  shed  the  prisoner 
was  placed,  but  the  change  was  far  from  mitigating  his  con- 
dition. The  boards,  green  when  worked,  soon  shrank  from 
exposure  to  the  sun  and  wind,  until  large  crevices  appeared 
on  all  sides. 

The  wind  howled  and  moaned  round  this  shed,  and  whistled 
as  it  came  through  the  cracks,  upon  its  unhappy  occupant. 
The  day  on  which  Mr.  R.  was  transferred  from  the  tent  to 
this  shed  was  intensely  cold,  and  the  ground  covered  with 
about  two  feet  of  snow.  In  walking  backward  and  forward 
through  the  snow,  the  prisoner's  feet  were  badly  frosted,  the 
right  one  so  badly,  indeed,  that  the  skin  came  off,  thus  inca- 
pacitating him  from  walking,  and  causing  excruciating  pain. 

One  incident  is  sufficient  to  show  the  character  of  the 
officers  in  charge  of  the  Island,  and  their  treatment  of  the 
prisoners.  During  his  confinement  in  the  tent,  Colonel  Hill, 
the  Post  Commandant,  had  occasion  to  leave  the  Island  on 
business,  and  Lieutenant  Colonel  Palmer  was  left  in  tempo- 
rary command.  During  the  forenoon,  Mr.  R.  succeeded  in 
borrowing,  from  one  of  the  soldiers,  a  book  with  which  to 
while  away  the  long,  tedious  hours  of  his  imprisonment.  By 
some  means,  Colonel  P.  became  acquainted  with  the  fact,  and 
immediately  came  to  the  quarters  and  made  search  for  it. 
As  the  prisoner  had  no  place  to  hide  it,  the  object  of  his 
official  wrath  was  quickly  found.  Palmer,  in  a  hasty  and 
supercilious  manner,  demanded  the  name  of  the  party  who  had 
lent  him  the  book,  and  on  the  prisoner's  refusal  to  reveal  it% 
ordered  a  sergeant  to  remove  from  the  tent  the  stove,  blan 


JOHN    E.  ROBINSON. 


609 


ket(?)  and  candle,  together  with  his  pipe  and  tobacco,  con- 
cluding this  display  of  authority  with  a  tirade  of  personal 
abuse,  threatening  Mr.  R.  with  bread  and  water,  if  he  did 
not  divulge  the  name  of  the  person  from  whom  he  had  ob- 
tained the  book.  This  threat  was  never  carried  into  execu- 
tion, Mr.  R.  escaping  it  by  the  magnanimity  of  the  soldier, 
who,  on  learning  how  matters  stood,  gave  himself  up.  There- 
upon the  articles  removed  were  returned,  and  the  man  sent 
to  the  guard-house. 

Time  dragged  wearily  on  until  the  25th  of  January,  1865, 
when  Mr.  Robinson  was  again  taken  to  Cleveland  and  placed 
in  the  jail.  Here  the  food  was  poor.  The  rations  for  breakfast 
consisted  of  rye  coffee  and  hard  bread.  Dinner  and  supper 
1  were  merged  into  one  meal,  at  which  the  prisoners  were 
given  a  poor,  thin  soup,  with  a  few  pieces  of  tough,  stringy 
beef,  probably  the  offal.  He  was  detained  a  prisoner  at  thiB 
place  until  the  3d  of  February,  when  he  was  again  returned 
to  Johnson's  Island,  which,  in  the  language  of  Whittier, 
seemed 

"The  fittest  earthly  type  of  hell." 

Immediately  on  his  arrival  he  was  taken  to  his  old  quar- 
ters in  the  shed,  and  was  much  pleased  to  find  them  occu- 
pied by  several  gentlemen  from  the  interior  of  the  State  of 
Ohio,  who  had  been  arrested  and  were  detained  on  the  charge 
of  resisting  the  draft.  They  were  genial,  companionable 
gentlemen,  and  their  association  tended  much  to  relieve  the 
ennui  of  prison  life.  Here  he  remained  undisturbed  until  the 
12th  of  May,  when,  as  on  former  occasions,  he  was  taken  out 
of  his  hut  to  be  conveyed  he  knew  not  whither.  Cleveland 
was  again  his  destination.  There  he  was  confined  about 
four  weeks.  The  first  week  he  was  imprisoned  in  the  County 
Jail,  as  on  previous  occasions. 

It  was  now  deemed  a  "  military  necessity  "  to  separate  him 
from  the  other  prisoners,  and  consequently  he  was  conveyed 
to  the  city  lock-up,  where  the  nights  were  made  hideous  by 
the  profanity  of  drunken  men,  and  the  sickening,  indecent 
language  of  the  debased  women,  who  were  separated  from 
89 


Bio 


AMERICAN  BASTILE. 


the  men  only  by  a  narrow  corridor  and  a  flight  of  stairs, 
they  being  in  the  second  tier  of  cells,  the  men  occupying  tho 
rooms  beneath  them.  The  grated  iron  doors  all  opened  on 
the  same  hall.  Their  food  was  given  them  in  the  manner 
of  feeding  swine,  that  is,  a  basket  of  dry  bread  was  thrust 
through  the  wicket  in  the  door,  and  it  was  at  the  option  of 
the  prisoners  whether  they  ate  it  or  not.  The  drinking 
water  was  obtained  from  a  hydrant  in  the  back  part  of  the 
hall.  The  cell  into  which  Mr.  R.  was  thrust,  contained  no- 
thing but  a  board  fastened  along  the  wall,  like  a  bench,  upon 
which  it  was  intended  that  the  prisoners  should  sleep.  It 
was  void  of  all  bedding,  and  swarmed  with  vermin. 

Disgusted  with  such  debasing  associations,  Mr.  R.  entered 
complaint  to  the  United  States  Provost  Marshal  at  Cleve- 
land, who,  thereupon,  caused  him  to  be  immediately  removed 
to  better  apartments.  He  was  then  placed  in  the  women's 
department  of  the  County  Jail,  which  was  without  an  occu- 
pant, save  a  large,  savage-looking  gray  cat,  that  prowled 
around  at  will.  Watching  the  movements  of  this  grimalkin 
served  to  pass  away  many  otherwise  weary  hours.  In  the 
same  department  in  which  the  prisoner  was  then  confined,  a 
woman  had  committed  suicide,  about  four  weeks  previously. 
The  deed  had  been  done  by  hanging  herself  to  the  grating 
under  the  skylight.  This  event  was  not  calculated  to  fur- 
nish very  pleasant  thoughts  during  the  hours  of  solitude. 
Three  weeks  were  passed  in  this  prison,  when  he  was  again 
transferred  to  Johnson's  Island,  and  confined  with  the  rebel 
prisoners  of  war,  in  what  was  known  as  the  "Bull  Pen." 

Why  !>e  was  removed  from  the  Island  to  Cleveland,  and 
thence  back  to  the  Island  so  often,  is  a  fact  that  he  is  unable 
to  account  for,  never  having  been  informed  of  the  cause. 
From  his  advent  among  the  "  Rebs,"  until  his  removal  to 
Fort  Lafayette,  he  was  doomed  to  suffer  the  gnawing  pangs 
of  hunger.  He  was  much  surprised,  on  going  to  draw  his 
rations,  and  that  of  his  messmates — they  being  then  in  a 
mess  —  at  getting  only  a  loaf  of  bread,  weighing  twenty- two 
ounces,  and  a  piece  of  salt  meat,  eighteen  ounces  in  weight, 


JOHN    E.  ROBINSON. 


611 


which  constituted  the  whole  of  a  day's  rations  for  a  mess. 
The  prisoners  were  all  di  nded  into  messes,  and,  consequently, 
all  fared  alike.  Mr.  Robinson  says :  "  I  have  often  seen  the 
men,  returning  from  the  prisoners'  grave-yard,  where  they 
had  been,  in  squads,  to  fix  up  the  graves  of  the  dead,  carry- 
ing rats  I  asked  some  of  the  soldiers  what  they  did  with 
(hem,  and  was  much  surprised  when  they  told  me  they  ate 
them.  I  have  also  heard  it  said  that  it  was  all  up  with  any 
little  dog  that  strayed  into  the  prison  enclosure,  as  he  never 
came  out  alive."  Such  was  the  desperate  strait  to  which 
they  were  reduced  —  a  fact  corroborated  by  other  testimony 
in  possession  of  the  author,  but  which  does  not  bear  upon 
our  narrative.  Some  excitement  was  caused,  about  this  time, 
by  the  attempt  made  by  some  of  the  prisoners  to  effect  their 
escape.  They  were  all  recaptured.  The  few  who,  for  a  while, 
did  succeed  in  eluding  the  vigilance  of  the  guards,  being 
unable  to  leave  the  Island,  were  compelled  by  hunger  to  sur- 
render themselves. 

The  prisoners  whiled  away  many  weary  hours  of  their 
captivity  by  making  fans  of  wood,  finger-rings  01  gutta- 
percha, and  other  trinkets. 

A  short  time  after  Mr.  R.'s  return  to  the  Island,  an  order 
came  to  release  all  the  prisoners  of  war  who  would  take  the 
oath  of  allegiance.  This  order  not  applying  to  Mr.  R.,  who 
was  regarded  as  a  state  prisoner,  but  whose  position  was 
never  definitely  understood,  he  was  placed  in  close  confine- 
ment, to  prevent  his  escape,  while  the  Rebel  prisoners  were 
being  discharged.  He  had  for  companions  five  incorrigible 
prisoners  of  war,  who  had  refused  to  take  the  oath. 

While  on  the  Island,  a  number  of  boxes,  containing  clothing 
and  bedding,  were  sent  to  him  from  friends  at  home,  amount- 
ing, in  the  aggregate,  to  four  hundred  dollars,  none  of  which 
ever  reached  their  consignee.  Whatever  became  of  them,  he 
has  been  unable  to  ascertain,  all  searches  having  proved  futile. 
He  continued  on  the  Island,  after  the  removal  of  the  other 
prisoners,  until  the  following  September,  when,  in  company 
with  the  five  Rebel  prisoners  who  had  refused  to  take  the 


612 


AMERICAN  BASTILE. 


*ath,he  was  sent  to  Fort  Lafayette,  and  confined  in  dungeon 
So.  1,  which  had  previously  bee«  prepared  for  the  reception 
of  Jefferson  Davis.  Subsequently,  he  was  transferred  to  No. 
3,  described  in  the  narrative  of  Dr.  Olds.  Here  he  remained 
until  the  9th  of  February,  1866,  when  he  was  uncondition 
ally  released,  without  having  had  a  trial  or  a  charge  pre- 
ferred against  him.  It  was  afterward  alleged  that  he  had 
been  detained  as  a  witness,  but  against  whom,  he  knew  not, 
nor  does  he  yet  know. 

"When  his  case  was  brought  by  his  friends  to  the  notice  of 
President  Johnson,  the  latter  remarked  that  he  thought  that 
he  had  been  discharged  long  ago,  as  there  were  no  charges 
on  record  against  him. 

During  his  unjust  incarceration  on  Johnson's  Island,  and 
while  he  was  suffering  much  in  bodily  health,  his  sister  visited 
Washington,  solicited  and  obtained  an  interview  with  Secre- 
tary Stanton,  and  endeavored  to  effect  his  release,  and  to  have 
her  husband,  who  was  confined  at  Anderson ville,  exchanged. 
The  Honorable  Secretary  replied  in  such  brutal  and  unfeel- 
ing terms  in  regard  to  both,  that  the  lady  retired  in  tears. 

After  seventeen  months  and  twenty  days  of  incarceration, 
this  gentleman  was  again  permitted  to  enjoy  the  blessings  of 
home,  friends,  and  freedom. 


JOSEPH  C.  WEIGHT,  Esq. 


JOSEPH  C.  WEIGHT,  Esq.,  is  a  native  of  Pennsylvania, 
having  been  born  in  Philadelphia  in  the  year  1809,  and 
is  the  grandson  of  Thomas  Wright,  who  resided  at  Camden, 
N.  J.,  and  who  took  a  conspicuous  part  in  the  Eevolutionary 
War.  He  removed  to  the  State  of  New  Jersey  in  1819,  but 
after  his  majority,  having  become  a  civil  engineer  and  con- 
tractor, did  not  reside  permanently  in  that  State  until  1855. 
He  was  a  heavy  contractor,  and  was  connected  with  the 
principal  internal  improvements  in  Pennsylvania,  Ohio,  and 
Virginia,  in  which  States  he  resided  during  the  progress  of 
the  various  works  which  he  constructed.  His  association 
with  the  leading  men  of  the  country,  and  his  firm  adhesion 
to  the  principles  of  the  Democratic  party  as  taught  by  Jef- 
ferson, his  fine  conversational  powers,  his  genial  manners, 
his  great  store  of  information,  and  his  liberality,  called 
around  him  a  host  of  friends  who  sought  his  society. 

On  the  19th  day  of  August,  1862,  about  one  o'clock  P.  M., 
he  was  arrested  at  his  residence  in  the  peaceful  town  of  Mil- 
ford,  Hunterdon  county,  ET.  J.,  without  any  preliminary 
warning,  by  a  military  force  under  the  command  of  Deputy 
United  States  Marshals  A.  E.  Harris  and  G.  Dean,  and 
immediately  placed  in  a  wagon,  which  was  driven  off  to 
Frenchtown,  four  miles  distant,  where  he  was  thrust  into  an 
upper  room  of  one  of  the  hotels  of  that  place,  and  there 
guarded  by  these  armed  men  until  the  hour  of  the  arrival 
of  the  train  for  Trenton.  When  he  was  placed  on  the  train, 
he  inquired  the  cause  of  his  arrest,  and  by  what  authority 
peaceable  citizens  were  so  arrested.  He  was  informed,  when 
he  would  arrive  at  Trenton  he  would  be  told  why  he  was 
arrested  and  be  shown  the  warrant.    WTien  he  arrived  at 

618 


614 


AMERICAN  BASTILE. 


Trenton,  then  the  evening,  he  again  demanded  to  be  shown 
the  process  by  which  he  was  dragged  from  his  home,  his 
family  and  friends.  This  was  still  denied  him,  but  with  the 
promise  that  when  he  reached  Mount  Holly  (the  county-seat 
of  Burlington  county,  !N".  J.),  it  would  be  read  to  him. 

When  he  thus  compulsorily  arrived  at  Trenton,  he  was 
purposely  kept  from  all  public  places  or  hotels,  and  secretly 
hurried,  under  guard,  to  a  place  where  private  meals  were 
furnished,  and  given  his  supper.  After  remaining  there 
during  the  space  of  two  and  a  half  hours,  he  was  placed  on 
the  cars  for  Burlington,  and  on  his  arrival  there  was  trans- 
ferred to  a  hack  and  carried  to  Mount  Holly,  which  place  he 
reached  at  eleven  o'clock,  P.  M.  On  his  way  thither  he  was, 
for  the  first  time,  informed  that  the  jail  was  his  destination. 

Here  he  was  given  in  charge  of  the  turnkey  of  that  estab- 
lishment, who  placed  him  in  a  cell  and  locked  him  up  for 
the  night.  To  a  man  like  Mr.  Wright,  whose  hospitality 
had  always  been  unbounded,  it  may  well  be  imagined  that 
during  that  night  there  was  "  neither  sleep  for  his  eyes  nor 
slumber  to  his  eyelids."  He  had  never  known  before  there 
was  such  a  place  in  existence,  in  any  land,  in  which  to  incar- 
cerate white  men.  There  was  in  it  nothing  but  a  straw  tick 
—  no  covering  —  and  the  whole  cell  swarming  with  vermin. 
At  six  o'clock  in  the  morning  the  door  of  the  cell  was  un- 
locked, and  he  turned  out  into  the  yard  in  company  with 
negroes,  horse-thieves,  robbers,  and  Jackaloo,  the  murderer. 
His  condition  was  improved  the  next  night  by  being  given 
a  better  cell  and  bed. 

After  being  in  Mount  Holly  jail  ten  days,  orders  were 
received  there  to  send  him  to  the  Old  Capitol  Prison,  Wash- 
ington City.  On  his  arrival  there  he  was  immediately  fur- 
nished with  quarters,  notwithstanding  that  establishment, 
like  the  Bastile  in  Paris  during  the  French  Revolution, 
under  the  government  of  Robespierre,  Murat,  and  Danton, 
was  pretty  well  crammed.  Still,  it  was  never  full.  There 
was  always  room  for  more.  It  is  unnecessary  to  describe 
his  treatment  while  in  the  Old  Capitol,  as  the  treatment  of 


JOSEPH    C.  WRIGHT. 


615 


all  the  prisoners  is  fully  detailed  elsewhere.  He  was  con- 
fined in  the  Old  Capitol  eight  days,  and  on  the  morning 
of  the  ninth  day,  through  the  interposition  of  friends  who 
sought  his  release,  he  was  approached  by  the  corporal  of  the 
guard,  and  notified  to  pack  up  his  baggage  —  which  was 
rather  amusing,  as  the  prisoners  were  allowed  no  baggage  — 
and  report  to  Lieut.  Miller.  He  was  then  conducted  by  the 
guard  to  the  office  of  the  lieutenant,  who  informed  him 
that  his  brother  was  waiting  for  him  on  the  outside  of  the 
building,  and  that  he  was  at  liberty  to  pass  out,  which  he 
most  gladly  did  ;  not  forgetting,  however,  first  to  obtain 
permission  to  bid  "  good-bye "  to  his  friends  and  fellow- 
prisoners.  This  was  granted  him,  but  with  the  injunction 
that  he  should  bring  out  no  letters  with  him,  as  they  were 
contraband  matter.  This  mandate  he  obeyed.  Although  it 
was  a  sad  "  farewell "  with  those  he  left  behind  him,  still,  in 
anticipation  of  once  more  enjoying  the  society  of  his  family 
and  friends,  and  the  hope  of  personal  and  constitutional 
liberty,  he  cheerfully  bade  adieu  to  the  precincts  of  the  Old 
Capitol. 

No  charges  were  ever  preferred  against  Mr.  Wright, 
although  he  demanded  of  Judge- Advocate  Turner  who  were 
his  accusers,  and  what  were  the  charges  against  him.  After 
his  release,  he  understood  he  was  arrested  and  incarcerated 
bo  that  he  might  not  interfere  in  favor  of  the  nomination 
and  election  of  Joel  Parker  as  Governor  of  New  Jersey. 

Mr.  "Wright  now  resides  at  the  beautifully-located  village 
of  Frenchtown,  situated  on  the  banks  of  the  Delaware,  in 
the  full  enjoyment  of  the  society  of  his  friends  and  neigh- 
bors. 


HON.  WILLIAM  M.  GWIN,  HON.  CALHOUN  BE]* 
HAM,  and  ROBERT  J.  BRENT,  ESQ. 


ARBITRARY  arrests  and  imprisonments,  during  the  late 
civil  war,  were  more  the  offspring  of  political  animosi- 
ties than  any  service  that  could  be  rendered,  thereby,  for  tho 
good  of  the  state. 

It  was  not  pro  bono  publico,  but  "I  will  have  vengeance"  saith 
Mr.  Secretary  Seward.  A  more  unscrupulous,  vindictive,  and 
revengeful  Secretary,  perhaps,  never  occupied  a  similar  posi- 
tion. Lord  North  was  a  model  in  comparison.  Jeffreys,  in 
a  different  sphere,  perhaps  an  equal,  when  sustained  by  arbi 
trary  power.    Jeffreys  and  Seward — both  moral  cowards. 

Secretary  Seward,  when  surrounded  by  power,  was  as  cold 
and  "  irrepressible  "  as  the  frigid  climate  of  Auburn  in  Janu- 
ary— not,  indeed, 

44 Sweet  Auburn!  loveliest  village  of  the  plain, 
Where  health  and  plenty  cheered  the  laboring  swain ; 
Where  smiling  spring  its  earliest  visit  paid, 
And  parting  summer's  lingering  blooms  delayed"  — 

which  the  warm-hearted,  genial  Goldsmith  so  pathetically 
tells  us  about ;  but  the  Auburn  where  Mr.  Seward  resides  — 
and  where  he  recently  told  the  American  people  "great 
crimes  had  been  committed  in  the  name  of  liberty,"  and 
where  his  future  reflections  will  be  refreshed  by  the  recollec- 
tions of  the  past. 

From  the  facts  at  our  command,  we  cannot  give  a  better 
uistory  of  the  arrest,  imprisonment,  and  release  of  the  above- 
oamed  gentlemen,  than  that  by  Mr.  Geo.  D.  Prentice,  of  the 
11  Louisville  Journal." 

Mr.  Prentice  says : 

6lt 


WILLIAM    M.   GWIN,    AND    OTHERS.  617 


"  I  have  some  peculiar  reminiscences  connected  with  Fort 
Lafayette.  In  1861,  three  distinguished  gentlemen — Hon. 
William  M.  Gwin,  who  had  served  many  years  with  dis- 
tinction in  the  Senate  of  the  United  States ;  Hon.  Calhoun 
Benham,  who  has  been  United  States  District  Attorney  in 
California  ;  and  Mr.  Brent,  who  had  been  a  prominent  lawyer 
in  Baltimore,  and  was  then  a  very  prominent  lawyer  of  Cali- 
fornia —  embarked  on  a  steamer  for  some  point  in  the  East. 
General  Sumner  was  on  board  the  same  steamer.  When  she 
was  near  the  Isthmus,  the  General  made  them  his  prisoners. 
He  simply  deigned  to  tell  them  that  he  arrested  them  on 
suspicion  that  they  were  intending  to  fight  against  the  United 
States,  a  suspicion  perfectly  preposterous  in  the  case  of  Dr. 
Gwin,  who  was  an  infirm  old  man  of  about  seventy  years. 
When  they  demanded  the  ground  of  his  suspicion,  he  only 
answered  that  he  entertained  it,  and  was  only  responsible  to 
the  Federal  Government ;  and  Mr.  Seward,  Secretary  of  State, 
ordered  them,  without  an  interview,  to  Fort  Lafayette. 

"As  one  of  these  prisoners  wa3  my  near  and  very  dear  re]  a 
tive,  I  hastened  to  Washington  to  procure  their  release.  I 
had  written  and  telegraphed  earnestly  to  the  President  for 
the  release  of  Governor  Morehead,  Mr.  Durrett,  and  others , 
but  when  a  member  of  my  own  family  was  a  victim  of 
oppression  and  tyranny,  I  felt  that  I  should  give  my  per- 
sonal presence  to  the  effort  for  deliverance.  I  arrived  at  the 
capital  long  after  dark,  and  called  immediately  upon  Mr. 
Lincoln.  He  received  me  with  the  greatest  cordiality  and  ge- 
niality, although  he  gently  intimated  that  he  rather  thought 
that  I  had  been  a  little  unjust  to  him.  I  asked  him  for  the 
discharge  of  the  three  Fort  Lafayette  prisoners  —  Gwin,  Ben- 
ham,  and  Brent.  He  inquired  what  were  the  charges  against 
tliem.  Of  course,  I  told  him  that  I  didn't  know,  and  sug- 
gested whether  it  wasn't  more  his  business  than  ours  to  know. 
He  answered, 4  Well,  I  don't  know  about  these  things,  but  1 
am  disposed  to  do  what  I  can  for  you,  and  will  give  you  a 
letter  to  Seward.'  I  took  the  letter,  and  called  at  Mr.  Seward's 
office  the  next  morning.  The  distinguished  Secretary  received 


618 


AMERICAN  BASTILE. 


me  with  his  accustomed  amenity,  but,  in  regard  to  the  matter 
in  hand,  talked  quite  diplomatically.  It  was  about  my  first 
experience  of  a  regular  diplomatist's  conversation.  I  didn't 
much  admire  or  understand  it.  Mr.  Seward  invited  me  to 
take  tea  with  him  in  the  evening.  I  did.  After  tea,  1 
renewed  my  application  for  the  release  of  my  friends,  and 
argued  the  matter  as  well  as  I  could.  He  had  only  this 
reply  to  make :  4 1  am  considering  the  matter,  and  I  shall  be 
very  glad  to  see  you  at  tea,  or  breakfast,  or  dinner,  every 
day,  and  we  will  talk  the  subject  over.' 

"One  evening,  when  I  had  been  about  four  days  in  Wash- 
ington, I  ventured  to  urge  my  request  very  strongly  upon 
the  Secretary,  and  he  said:  4 Call  at  my  office  to-morrow 
morning,  at  half-past  ten  o'clock,  and  I  will  give  you  an  order 
for  the  release  of  your  friends.'  Of  course,  I  was  punctual 
to  the  minute.  4  Fred,'  said  he,  addressing  his  son,  and 
Assistant  Secretary,  'give  Mr.  Prentice  the  document  I  di- 
rected you  to  make  out.'  The  Assistant  Secretary  placed  it 
in  my  hands.  I  read  it.  It  was  not  an  order  for  the  dis- 
charge of  the  victims.  It  was  only  an  order  that  I  should 
have  the  privilege  of  seeing  them  in  their  prison,  when  I 
pleased.  4  Why,  Mr.  Seward,  this  is  not  what  you  promised 
me  yesterday.'  4  JS~o,  it  is  not,  but  I  specially  desire  that  you 
go  to  Xew  York  and  talk  with  your  friends,  and  ascertain 
their  feelings  and  intentions,  and  report  to  me.'  I  told  him, 
in  terms  a  little  brief,  possibly,  that  he  certainly  could  not 
expect  me  to  visit  my  friends  in  prison,  and  enter  into  a  con- 
versation with  them  as  a  Government  spy.  4  Well,'  he  said, 
4  do  me  the  favor  to  go  and  see  them,  and  write  to  me  as 
you  like.'  I  said,  4  Yes.'  I  went,  and  wrote  to  him  every 
day  as  strongly  as  I  could  in  favor  of  the  release  of  the  pris- 
oners. My  first  three  letters  were  unanswered.  In  reply  to 
the  fourth,  I  received  a  dispatch  saying  that  my  friends  were 
'paroled  to  Washington  for  explanation.'  Of  course  I  con- 
sidered that  dispatch  as  implying  a  discharge.  I  went  im- 
mediately with  Dr.  G win's  wife  and  daughters  to  Fort 
Lafayette,  exhibited  the  order  to  the  prisoners,  and  advised 


WILLIAM    M.   GWIN,    AND    OTHERS.  619 

them  to  proceed  to  Washington  immediately.  'Go  with  us,' 
eaid  they.  I  told  them  that  it  would  be  exceedingly  incon- 
venient for  me  to  go  with  them.  They  were  apprehensive 
of  deceit  and  treachery.  4  Go  with  us/  said  they,  4  or  we 
will  not  go.'  I  went  with  them.  On  arriving  at  Washing- 
ton, I  called  upon  Secretary  Seward  in  their  behalf.  He  re 
quired  that  they  should  either  take  a  certain  obnoxious  oath, 
or  be  remanded  to  prison.  I  asked  them  what  they  would 
do,  and  they  agreed  that,  as  there  were  no  charges  against 
them,  and  as  they  had  committed  no  crime,  they  would 
sooner  go  back  to  their  Bastile  than  take  any  oath.  All  my 
appeals  to  the  Secretary  were  of  no  avail. 

44  Then  my  appeal  was  to  President  Lincoln.  At  my 
second  interview  with  him,  he  said, 4 1  will  set  your  friends 
free.  They  may  go  as  much  at  large  as  any  other  citizen  cf 
the  United  States.'  I  asked  him  if  he  would  grant  them 
permission  to  go  to  Europe.  He  replied  that  none  of  our 
people  had  the  right  to  go  to  Europe  without  passports,  not 
even  himself,  and  that  therefore  he  could  not  give  passports, 
but  that  my  friends  should  be  just  as  free  as  he  or  any  other 
man  under  the  Government,  to  go  and  come  at  pleasure.  I 
requested  him  to  put  this  declaration  in  writing.  He  said, 
4  No,  it  is  a  very  delicate  subject,  and  Seward  will  be  very 
mad  about  it.  I  will  not  touch  pen  to  paper  in  regard  to  it. 
Tell  your  friends  what  I  have  told  you,  and  tell  them  further, 
that  I  shall  be  glad  to  see  them.'  All  of  them,  I  believe, 
called  upon  him  and  expressed  their  thanks,  though  whether 
thanks  were  due,  under  all  the  circumstances,  is,  I  think, 
quite  a  question. 

44  In  1866,  Dr.  Gwin,  who  had  not  taken  and  could  not  have 
taken  any  part  in  the  war,  went  from  this  country  to  Mexico 
for  his  own  private  purposes,  whatever  they  were,  and  I  have 
reason  to  know  that  they  were  right  and  proper.  He  wen!: 
and  took  others  with  him  to  make  money,  but,  on  account 
of  the  miserable  condition  of  Mexican  affairs,  they  failed. 
Dr.  Gwin  came  back  to  the  United  States  in  the  full  con- 
•ciousness  of  right  and  the  expectation  of  safety.    He  had 


620 


AMERICAN  BASTILE. 


done  no  wrong  to  others,  and  he  anticipated  no  wrong  to 
himself.  But  upon  his  arrival  within  the  Federal  lines,  then 
kept  up  for  no  useful  or  proper  purpose,  he  was  snapped  up 
on  not  even  a  pretext,  and  thrust  into  Fort  Jackson,  below 
New  Orleans.  Several  of  his  friends  were  thrown  into  Fort 
Jackson  with  him.  They  were  kept  there  for  many  months. 
They  were  kept  incarcerated,  but  perhaps  not  very  badly 
used.  I  went  to  Washington  to  get  them  discharged,  and 
succeeded,  although  in  opposition  to  all  the  diplomatic  efforts 
of  Secretary  Seward  in  the  opposite  direction.  And  in  the 
interview  on  that  occasion,  Mr.  Seward  had  the  very  intense 
coolness,  fifty  degrees  below  zero,  the  point  of  the  thermo- 
meter where  the  mercury  freezes,  to  say  to  my  face  that  he 
was  the  man  who  had  discharged  my  three  friends  from  Fort 
Lafayette,  and  given  them  all  their  subsequent  liberty." 

Duplicity  may  deceive  the  uninitiated.  It  may  do  to  im- 
pose on  the  more  generous  feelings  and  inclinations  of  the 
American  people,  who  have  been  accustomed  to  be  governed 
by  sincerity  and  truth  ;  but  our  Government  is  too  old,  thcugk 
young,  to  allow  a  Secretary,  however  unscrupulous,  to  continue 
long  to  trample  upon  the  rights  of  the  people. 

In  the  madness  of  the  hour,  force  may  overcome  judgment 
and  integrity,  but  the  quietus  is  affixed  to  him  who,  in  the 
Utopian  visions  of  power,  attempts  to  abridge  the  liberty  of 
the  citizen. 

Those  who  are  his  superiors  in  statesmanship  and  justice, 
will  expose  the  nefarious  design,  and  consign  to  the  shades 
of  a  nation's  forgetfulness  him  who,  under  the  garb  of  "  po- 
litical necessity  "  or  psewdo-philanthropy,  wishes  to  hold  the 
reigns  of  political  permanence  at  the  cost  of  the  liberty  of 
the  citizen. 

"Ye  friends  of  truth,  ye  statesmen  who  survey 
The  rich  man's  joys  increase,  the  poor's  decay, 
'T  is  yours  to  judge  how  wide  the  limits  stand 
Between  a  splendid  and  a  happy  land." 


ROBERT  W.  NEWMAN. 


PROFESSOR  ROBERT  W.  NEWMAN  is  descended  from 
one  of  the  oldest  families  of  Virginia.  His  grandfather, 
Rohert  Newman,  served  with  distinction  in  the  army  during 
the  Revolutionary  War,  and  was  honorably  discharged.  His 
father,  Catesby  Newman,  was  a  soldier  in  the  American  army 
during  the  last  war  with  Great  Britain.  Robert  W.  Newman, 
the  subject  of  this  sketch,  was  born  and  educated  in  Virginia, 
and,  shortly  after  his  graduation  from  college,  was  made  As- 
sociate Principal  of  the  Winchester  High  School,  in  that 
State,  which  position  he  occupied  for  two  years,  and  then 
became  proprietor  and  principal  in  the  Winchester  Female 
Seminary,  in  September,  1855. 

In  April,  1858,  he  was  elected  Principal  of  the  Harford 
Academy,  the  State  institution,  located  near  Baltimore, 
Maryland,  which  position  he  retained  until  July,  1864,  when, 
owing  to  the  deplorable  condition  into  which  the  society  of 
the  Border  States  had  been  thrown,  he  yielded  to  the  im- 
portunities of  his  family,  and  removed  to  New  York.  Deem- 
ing the  unhappy  state  of  affairs  likely  to  last  for  years,  he 
established  himself  in  Peekskill,  in  the  State  of  New  York, 
m  January,  1865,  where  he  has  since  resided. 

His  arrest  took  place  at  Belair,  near  Baltimore,  in  the  lat- 
ter part  of  June,  1863,  and  was  made  by  Lieutenant  Offley, 
at  the  head  of  a  detachment  of  Delaware  cavalry,  stationed 
in  Baltimore,  and  commanded  by  the  notorious  Colonel  Fish, 
then  acting  as  Provost  Marshal  of  the  city.  The  same  indi- 
vidual was  afterward  convicted  of  defrauding  the  Federal 
Government  in  contracts  for  supplying  horses,  and  sent  to 
the  Albany  State  Penitentiary  to  expiate  his  crime.  Prof. 
Newman's  arrest  was  made  by  the  Lieutenant,  without  a 

621 


622 


AMERICAN  BASTILE. 


wai  rant  or  any  formula  of  law,  other  than  such  as  he  was 
invested  with  bj  the  orders  of  Colonel  Fish. 

The  prisoner  was  forced  from  his  house  before  daylight, 
taken  to  the  County  Jail,  and  there  confined  for  several  days, 
without  chair,  table,  or  bed,  the  necessary  conveniences  that 
are  furnished  even  to  a  culprit.  He  was  treated  as  a  con- 
denined  felon,  or  even  worse.  After  much  pleading,  his  fam- 
ily  were  permitted  to  furnish  him  with  a  bed  and  provi- 
sions, while  confined  in  the  jail.  Thence  he  was  taken,  under 
an  escort  of  cavalrymen,  to  Havre  de  Grace,  about  twenty 
miles  distant,  to  which  place  he  would  have  been  compelled 
to  walk,  but  that  the  humane  Offiey,  after  much  persuasion, 
permitted  him  to  obtain  a  conveyance,  with  the  express  stip- 
ulation that  he  should  pay  for  it  himself. 

Arriving  there,  he  was  thrust  into  a  guard-house,  with 
the  most  abject  specimens  of  humanity,  and  there  compelled 
to  remain  two  days  and  nights,  and  partake  of  the  miserable 
rations  furnished  to  them  ;  and  worse  than  all,  to  sleep  upon 
a  floor,  the  stench  from  which  was  scarcely  endurable. 

From  Havre  de  Grace,  he  was  taken  by  rail  to  Baltimore, 
and  placed  in  close  confinement  in  the  Gilmor  House,  which 
was  formerly  used  as  a  hotel,  but  then  the  headquarters  of 
Colonel  Fish.  Here  he  was  treated  with  the  utmost  rigor, 
and  subjected  to  all  the  privations  and  petty  tyrannies  that 
the  ingenuity  of  the  Marshal  and  his  officers  could  invent. 
Unfortunately  for  the  honor  of  the  Federal  Army,  it  was 
disgraced  by  too  many  such  officers  as  assisted  Colonel  Fish 
in  his  nefarious  work. 

After  the  excitement  incident  to  the  Battle  of  Gettysburg 
had  subsided,  part  of  the  prisoners  were  transferred  to  Fort 
McIIenry,  in  the  harbor,  and  the  remaining  few,  including 
the  Professor,  were  permitted  to  provide  —  at  their  own  ex- 
pense—  food  and  bedding,  and  thus  in  a  manner  to  mitigate 
their  sufferings.  Those  who  have  never  been  deprived  of 
their  liberty,  or  felt  the  restraints  of  a  prison,  have  no  ade- 
quate conception  of  the  sufferings  endured  by  those  who,  be 
it  remembered,  were  refined  and  cultivated  gentlemen,  mostly 


ROBERT    W.  NEWMAN. 


623 


from  the  higher  walks  of  life,  and  who  were  especially  sensi- 
tive to  the  treatment  which  they  received  at  the  hands  of  the 
officers  in  charge.  The  treatment  imposed  on  prisoners  of 
state  could  have  had  but  one  object,  and  that  was,  to  destroy 
their  manly  bearing  and  self-respect,  which  it  was  thought 
would,  ever  after,  deter  them  from  expressing  their  views 
concerning  any  act  of  the  Administration,  no  matter  of  how 
violent  or  heinous  a  nature  it  might  be.  This  object  was 
steadily  pursued  in  the  majority  of  cases,  and  was  made  par- 
ticularly severe  in  case  the  victim  was  a  man  of  more  than 
average  intelligence  or  influence.  , 

In  the  latter  part  of  July,  1863,  after  about  a  month's 
imprisonment,  Professor  Newman  was  released,  and  in  his 
case,  as  in  thousands  of  others,  no  charges  were  preferred 
against  him.  During  the  period  of  his  incarceration  his  pro- 
perty was  injured,  and  his  library  a^id  apparatus  at  the 
Harford  Academy  were  partially  destroyed  or  carried  off  by 
soldiers,  urged  on  to  this  deed  of  vandalism  by  some  of  the 
"  trooly  loil "  gentlemen  of  his  community,  who  were  carry 
ing  out  their  Master's  precept:  "Whatsoever  ye  would  thf 
men  should  do  to  you,  do  ye  even  so  to  them." 


HON.  BUCKNER  S.  MORRIS. 

7UDGE  BUCKLER  S.  MORRIS,  whose  unjust  imprison- 
"  ment  and  suffering,  together  with  his  trial  before  a  Mili- 
tary Commission,  in  Cincinnati,  during  the  winter  of  1864, 
and  which  created  so  much  excitement  throughout  the 
country,  and  particularly  in  the  "West,  is  sixty-eight  years  of 
age.  He  was  admitted  to  the  bar  in  1827,  and  subsequently 
served  several  years  as  a  member  of  the  Legislature  of  his 
native  State,  Kentucky.  In  1834,  he  removed  to  Chicago, 
Illinois,  tben  a  small  village  of  about  five  hundred  inhabit- 
ants. Here  he  opened  an  office,  and  soon  became  widely 
known  as  an  eminent  legal  practitioner.  In  1851,  he  was 
elected  Judge  of  the  Seventh  Judicial  Circuit  of  Illinois, 
which  position  he  filled  with  marked  ability  until  1855,  when 
he  declined  a  renomination  on  account  of  failing  health.  He 
then  retired  from  public  life,  and  sought  to  restore  his  health 
in  the  quietude  of  his  home. 

In  the  contest  for  the  United  States  Senatorship,  in  1858, 
between  Stephen  A.  Douglas  and  Abraham  Lincoln,  Judge 
Morris  and  his  friends  lent  the  weight  of  their  influence  in 
favor  of  the  election  of  Douglas,  who  was  returned  to  the 
Senate.  During  the  exciting  times  of  1860,  Judge  Morris 
permitted  his  name  to  be  used  as  a  candidate  for  the  Gov- 
ernorship of  Illinois,  on  the  Bell  and  Everett  National  Union 
ticket,  hoping  thereby  to  defeat  the  sectional  Republican 
ticket,  the  success  of  which  then  threatened  civil  war.  Judge 
Morris  and  Mr.  Lincoln  were  personal  and  political  friends 
for  more  than  twenty  years.  They  served  together  in  the 
Whig  party  as  Electors  at  large,  during  the  Harrison  cam- 
paign of  1840.    But  after  Mr.  Lincoln  became  the  advocate 

624 


BUCKNER    S.  MORRIS. 


025 


of  Abolition  principles,  their  political  and  social  fellowship 
ceased. 

In  1861,  when  civil  war  burst  like  a  storm  over  the  coun- 
try, when  the  soil  became  deluged  with  the  best  blood  of  the 
nation,  when  the  maddened  people  of  both  sections  were 
applying  the  knife  to  the  throats  of  their  brethren,  the 
Judge  was  solicited  to  take  an  active  part  in  the  contest,  but 
declined  to  do  so,  continuing  to  devote  his  time  to  his  pro- 
fession and  his  own  private  business  matters,  in  and  out  ol 
court. 

In  the  fall  of  1864,  Colonel  Sweet,  commandant  at  Camp 
Douglas,  who  desired  to  be  brevetted  a  brigadier-general, 
together  with  one  or  two  candidates  for  office,  confederated 
together  for  the  purpose  of  gaining  notoriety.  They  conceived 
the  happy  thought,  the  execution  of  which  being  populai 
among  the  people,  would  give  them  the  desired  influence,  and 
at  the  same  time  assist  their  master.  The  arrest  of  a  num. 
ber  of  Democrats  was  then  determined  on,  to  demoralize  tha 
party,  and  deter  hundreds  of  others  from  voting. 

Accordingly,  at  2  o'clock  a.m.,  on  the  6th  of  November, 
1864,  the  day  before  the  Presidential  election,  Judge  Morris 
and  a  number  of  others  were  severally  taken  from  their  beds 
oy  military  force,  and  conveyed  to  Camp  Douglas.  The  cells 
in  which  they  were  placed  were  damp,  filthy,  and  literally 
swarming  with  vermin.  Here  the  Judge  remained  until  the 
return  of  Captain  Sheerley  from  Buffalo,  N.  Y.,  who  (as  the 
Judge  was  informed)  caused  his  removal  to  a  much  better 
and  cleaner  room,  near  his  headquarters.  In  the  early  part 
of  December,  his  wife,  Mrs.  Mary  B.  Morris,  was  also  arrested 
by  a  captain  of  the  Invalid  corps,  and  brought  to  Camp 
Douglas.  By  the  kindness  of  Captain  Sheerley,  they  were 
given  a  room  at  his  headquarters,  and  permitted  to  furnish 
their  own  bedding  and  furniture. 

Here,  they  remained  incarcerated  until  the  23d  of  the  same 
month.    They  were  then  removed,  in  company  with  eight  or 
ten  others,  to  Cincinnati,  Ohio,  for  trial,  some  three  hundred 
miles  from  their  witnesses,  friends,  and  homes,  and  in  viola 
40 


626 


AMERICAN  BASTILE. 


tion  of  the  laws  of  the  land.    They  arrived  in  Cincinnati  on 

the  coldest  day  of  the  season,  and  were  forced  to  ride  for  sev- 
eral hours  up  and  down  the  streets  of  that  city,  until  the 
officers  decided  where  to  imprison  then.  As  their  arrival  was 
unexpected,  no  place  had  been  prepared  for  them.  Finally, 
after  much  deliberation,  the  benumbed  prisoners  were  lodged 
in  prison  at  the  McLean  Barracks.  Here  their  treatment  by 
the  officers  was  insulting  and  disgraceful  in  the  extreme,  as 
will  be  seen  by  reference  to  the  narrative  of  Mrs.  Morris, 
given  elsewhere. 

Soon  after  their  arrival  in  Cincinnati,  two  or  more  friends 
of  Judge  Morris  and  his  wife,  in  that  city,  proposed  to  Major- 
General  Hooker,  then  in  command,  to  take  charge  of  them, 
and  put  them  in  a  hotel,  where  they  might  be  supplied  with 
necessary  comforts,  free  of  expense  to  the  United  States  Gov- 
ernment ;  and,  as  security  for  their  forthcoming  to  answer 
any  charges  that  might  be  brought  against  either,  these 
friends  offered  to  pledge  fifty  thousand  dollars  each.  This 
offer  was  refused.  Judge  T.  W.  Bartlett  also  offered  to  take 
the  Judge  and  his  wife  to  his  own  house,  in  the  city,  and 
keep  them  safely,  subject  to  the  orders  of  the  commander, 
which  was  also  declined. 

General  Willich,  second  in  command,  more  humane  than 
his  superior  officer,  signified  his  assent  to  either  proposition, 
as  the  Judge  was  informed. 

Early  in  January,  1865,  eight  of  the  prisoners,  including 
Judge  Morris,  were  placed  on  trial  before  a  Military  Com- 
mission.   They  were  charged  with : 

1st.  "  Conspiring,  in  violation  of  the  laws  of  war,  to  release 
the  rebel  prisoners  of  war  confined  by  authority  of  the  United 
States,  at  Camp  Douglas,  near  Chicago,  Illinois. 

2d.  a  Conspiring,  in  violation  of  the  laws  of  war,  to  (ay 
waste  and  destroy  the  city  of  Chicago,  Illinois." 

A  specification  was  added  to  each  charge. 

The  prisoners  all  filed  pleas,  denying  the  jurisdiction  of  the 
Court  to  try  them. 

Protesting  their  innocence,  they  argued  : 


BUCKNER    S.  MORHIS. 


627 


1st.  "  That  the  defendants,  being  citizens  of  the  United 
States,  and  not  connected  with  the  military  or  naval  service 
of  the  United  States,  are  entitled  to  be  tried  by  the  United 
States  Court  of  the  Northern  District  of  Illinois. 

2d.  "  That,  as  the  offences,  alleged  to  have  been  committed 
in  the  charges  and  specifications,  are  not  infractions  of  any 
of  the  rules  and  articles  of  war,  but  fall  within  the  provisions 
of  the  act  of  Congress  of  July,  1861,  this  tribunal  cannot 
legally  take  cognizance  of  the  case. 

3d.  "  That,  according  to  the  second  section  of  the  act  of 
Congress  of  March  3,  1863,  authorizing  arrests  by  the  mili- 
tary authorities  in  States  where  the  administration  of  justice 
in  the  civil  courts  is  not  impaired,  these  defendants  should  be 
tried  by  a  civil,  and  not  by  a  military  tribunal. 

4th  "  That  this  Military  Commission  is  not  authorized 
or  provided  for,  by  any  power  in  the  country,  except  by  the 
army  in  the  field,  and  there  is  no  rule  or  custom  providing 
what  punishment  shall  be  inflicted.  It  cannot  be  claimed 
that  this  Commission  is  a  matter  of  necessity,  as  she  civil 
courts  of  the  land  are  open. 

5th.  "  That,  from  the  nature  and  manner  of  the  proceed- 
ings of  this  Commission,  a  fair  trial  cannot  be  had,  as  the 
Judge  Advocate  stands  as  accuser  of  the  defendants,  and 
oiust  necessarily  be  prejudiced  against  them." 

This  plea  being  overruled,  they  then  moved  for  a  separate 
trial,  which  was  denied  them. 

The  prisoners  then  pleaded — not  guilty. 

The  trial  lasted  some  four  months.  During  the  most  of 
this  time  the  prisoners  were  chained  in  pairs,  and  so  marched  up 
and  down  the  streets,  to  and  from  the  Court,  until  the  public 
began  to  complain  of  such  barbarous  treatment. 

The  shackles  were  then  thrown  aside.  The  trial  did  not 
close  until  after  the  assassination  of  President  Lincoln,  which 
the  Judge  Advocate  (Burnett)  used  with  great  force  against 
them,  charging  the  prisoners  with  being  more  or  less  thfi 
cause  thereof.  After  a  confinement  of  six  months  they  were 
found  not  guilty,  and  discharged  from  military  custody.. 


628 


AMERICAN  BASTILE. 


Judge  Bartlett,  in  closing  his  remarks  before  the  Commit 
sion,  said :  "  My  client,  Judge  Morris,  is  a  man  advanced  in 
years.  It  is  not  pretended  that  he  had  ever  been  governed 
by  any  malevolence  of  heart,  enticements  of  ambition,  or  al- 
lurements of  power.  He  commenced  life  before  either  you 
or  I  came  on  the  scene  of  action.  He  has  labored  in  all  sin- 
cerity to  maintain  and  perpetuate  what  he  conceived  to  be 
the  true  principles  of  government,  and  for  the  advancement 
and  prosperity  and  safety  of  the  country. 

"  His  character,  both  in  public  and  private  life,  is  shown  to 
have  been  without  a  blemish.  Ardent,  sincere,  humane,  and 
hospitable,  he  had  the  confidence  of  the  enlightened  and  well- 
disposed  men  of  all  parties.  The  testimony  of  Judge  Drum- 
mond,  and  others,  puts  to  blush  the  narrow,  grovelling  notion, 
that  a  citizen  cannot  be  a  true  or  loyal  man  in  time  of  war, 
unless  he  advocate  and  sustain  the  peculiar  war  measures 
and  policy  of  the  Administration  in  power.  Every  member 
of  this  Commission,  every  man  who  has  heard  the  evidence, 
knows  that  Judge  Morris  has  been  guilty  of  no  crime." 

Mr.  Dawes,  of  Massachusetts,  when  speaking  of  military 
courts  for  the  trial  of  civilians,  said:  "They  have  lost  sight 
of  the  guarantees  of  the  Constitution,  and  seem  to  forget 

that  every  man  has  a  right  to  trial  by  jury  They  seem 

formed  to  convict,  whether  a  man  be  guilty  or  not,  so  that 
he  who  is  acquitted  by  them,  must  be  not  only  pure  indeed, 
but  above  suspicion.  We  are  told  that  'arbitrary  power 
sucks  out  the  heart's  blood  of  civil  liberty.' " 

Senator  John  P.  Hale,  of  New  Hampshire,  in  addressing 
the  United  States  Senate,  used  the  following  powerful  lan- 
guage :  u  If  trial  by  jury  is  overthrown  in  this  country, 
then  take  the  rest.  If  you  are  going  to  throw  a  drag-net 
over  the  land,  as  they  did  in  Chicago,  if  you  are  going  to 
bring  in  this  whole  people,  and  subject  them  to  the  penalties 
that  may  be  inflicted  by  military  commissions  and  courts 
martial,  then  the  last  step  is  taken  in  the  humiliation  and  deg- 
radation of  this  country,  and  we  shall  be  left  fit  instruments 
for  any  despotism  that  the  bold  and  lawless  may  think 
proper  to  establish  over  us." 


AARON  MORTON,  JACOB  G.  PECK,  BENJAMIN  11 
MARKLEY,  and  HENRY  LYNCH. 


ARON  MORTON,  a  citizen  of  Maytown,  Lancaster 


County,  Pennsylvania,  is  a  brickmaker  by  occupation. 
At  the  commencement  of  the  late  civil  war,  he  volunteered 
as  a  private  in  Company  A,  10th  Regiment,  Pennsylvania 
Volunteers,  in  response  to  the  first  call  of  President  Lincoln 
for  troops.  He  served  his  time  faithfully,  and  was  honorably 
discharged.  During  the  summer  of  1864,  Mr.  Morton  was 
drafted,  but  in  common  with  several  others  —  both  Repub- 
licans and  Democrats  —  failed  to  report  at  Lancaster  city,  in 
answer  to  his  summons.  Subsequently  his  township  (East 
Donnegal)  filled  its  quota  with  recruits,  thereby  exempting 
its  drafted  men. 

He  remained  at  home,  "pursuing  the  even  tenor  of  his 
way,"  until  Monday,  November  7,  1864,  when  Deputy  Mar- 
shal Carpenter,  of  Lancaster,  aided  by  two  soldiers,  arrested 
him.  The  Marshal  said  that  he  must  accompany  them  to 
Marshal  Stevens's  office,  in  the  above-named  city.  Morton 
demanded  his  authority  for  making  the  arrest,  and  further 
inquired  the  nature  of  the  charges  against  him.  The  Mar- 
shal failing  to  produce  any  warrant  or  authority,  Morton  do- 
med his  right  to  drag  him  from  his  home.  Carpenter  in- 
sisted that  his  being  an  United  States  Deputy  Marshal  gave 
him  sufficient  authority  to  make  the  arrest,  and  forced  him 
to  comply  with  his  mandate.  Morton  accompanied  him 
peaceably,  but  under  protest.  On  arriving  at  Provost  Mar- 
shal Stevens's  office,  in  Lancaster,  he  was  placed  under  a 
guard,  and  removed  thence  to  the  County  Prison.  While 
there  confined,  he  was  offered  convict's  fare,  bread  and  water, 


629 


630 


AMERICAN  BASTILE. 


but  declined  it,  and  paid  the  usual  aharges  for  board 
The  jailer  afterward  remarked :  "  That  is  the  place  where  ail 
Democrats  should  be."  He  subsequently  inquired  of  the 
prisoner  if,  on  his  procuring  his  release,  he  would  vote  the 
Republican  ticket.  Mr.  Morton  indignantly  spurned  the 
proposal,  and  remained  in  prison  until  the  10th  inst.,  when 
several  of  his  friends  demanded  his  release,  or  a  hearing. 
Stevens  feigned  ignorance  of  his  arrest,  and  ordered  his  im- 
mediate discharge.  When  the  prisoner  was  brought  ii.to 
his  (Stevens's)  office,  the  Marshal  simply  said,  "  You  can  now 
go  home,  we  have  nothing  to  do  with  you."  Carpenter  then 
turned  toward  Mr.  Morton  and  remarked,  that  "  if  he  had 
no  money  he  could  walk  to  his  home,"  (sixteen  miles  distant.) 
u  as  it  was  not  very  far." 

JACOB  G.  PECK. 

Jacob  G.  Peck,  a  fellow-townsman  of  Mr.  Morton,  was 
sought  for  on  the  same  day,  but  was  not  at  home,  and  thereby 
escaped  a  few  days'  incarceration ;  it  not  being  the  intention 
of  those  in  authority  to  hold  them  longer  than  a  few  days, 
as  will  be  seen  in  the  sequel. 

BENJAMIN  H.  MARKLEY. 

Benjamin  H.  Markley,  of  the  same  place,  while  in  the.  act 
of  voting  at  the  Presidential  election,  on  Tuesday,  November 
8,  1864,  was  touched  on  the  arm  by  Deputy  Marshal  Middle- 
ton  Whitehall,  and  claimed  as  a  prisoner.  The  Marshal  was 
anxious  to  hurry  him  away  from  the  polls,  but  was  prevented, 
he  being  unable  to  show  any  authority  for  the  arrest.  After 
Markley  had  voted,  Messrs.  George  "Wilson,  Henry  Haines, 
Henry  Houseal,  and  other  old  and  respected  citizens,  requested 
Whitehall,  if  he  had  authority  for  making  the  arrest,  to  take 
the  prisoner  with  him,  and  assuring  him  that  he  should  not 
be  molested  in  the  execution  of  his  duty.  This  offer  he  de- 
clined, and  left  the  town  shortly  afterward. 

The  constable  of  Maytown,  in  his  next  return  to  the  Court 
at  Lancaster,  reported  a  disturbance  of  the  peace  at  the  eleo 


HENRY  LYNCH. 


C31 


tion  polls  in  May  town,  on  Tuesday,  November  8,  1864,  by 
Middleton  Whitehall.  But  when  the  charge  subsequently 
came  before  the  Grand  Jury,  the  bill  was  ignored  ;  thereby 
sustaining  men  in  committing  outrages  in  direct  defiance  of 
the  laws. 

HENRY  LYNCH. 

The  fourth  case  we  have  to  chronicle  is  that  of  Henry 
Lynch,  of  Marietta.  He  was  arrested  by  Carpenter,  on  the 
same  day,  and  for  the  same  purpose  as  the  others.  He  was 
charged  with  being  a  deserter,  which  charge,  unsustained  as 
it  was,  furnished  the  necessary  excuse  for  his  arrest.  He 
was  conveyed  to  Lancaster  and  incarcerated  with  Mr.  Mor- 
ton in  the  County  Prison,  where  he  remained  until  the  10th, 
when  he  was  released  un  3onditionally .  Nothing  was  after- 
ward said  to  him  about  being  a  deserter.  The  charge  had 
answered  the  purpose  of  his  arrest,  and  that  was  sufficient 
for  the  perpetrators  of  the  outrage. 

These  premeditated  arrests  had  but  one  direct  purpose — to 
prevent  citizens  from  voting.  These  were  but  the  victims 
of  the  executed  portion  of  a  plot  for  the  arrest  and  imprison- 
ment of  a  number  of  other  citizens  named  on  the  proscrip- 
tion lists.  These  gentlemen  were  known  to  be  staunch  and 
sterling  Democrats,  and  so  determined  was  the  Marshal  to 
serve  his  master,  that  no  step  was  too  vile  for  him  to  take 
in  order  to  accomplish  his  end.  His  little  soul  being  unable 
to  conceive  of  any  other  method,  he  determined  to  deprive 
the  above-named  gentlemen  of  their  votes,  by  arresting  and 
imprisoning  them,  until  after  the  election.  But  "  time,  that 
makes  all  things  even,"  vindicates  the  innocent,  rewards  the 
persecuted,  and  inevitably  punishes  the  persecutor. 


HON.  HENRY  CLAY  DEAN. 


HON.  HENRY  CLAY  DEAN,  whose  arrest  and  scan- 
dalous  treatment  we  are  about  to  chronicle,  resides  at 
Mount  Pleasant,  Iowa.  He  is  a  lawyer  by  profession,  but 
more  recently  has  earned  considerable  reputation  as  an 
author.  In  politics,  he  is  a  staunch  but  conservative  Demo- 
crat. In  1863,  at  the  earnest  solicitation  of  friends,  he  con- 
cluded to  address  the  people  of  his  State  on  the  issues  of  the 
hour,  and  endeavor,  if  possible,  to  stem  the  torrent  of  fanati- 
cism then  sweeping  over  the  State.  He,  at  various  times 
and  places,  with  a  calm  and  temperate  spirit,  yet  with  the 
boldness  of  a  freeman,  discussed  the  questions  which  were 
then  shaking  the  very  foundations  of  the  Union,  and  dis 
rupting  and  demoralizing  society. 

He  had  been  preceded  by  weak,  wicked  men,  who  were 
stirring  up  strife  as  a  daily  avocation ;  thirsting  for  blood ; 
retailing,  with  insane  satisfaction,  the  details  of  some  late 
murder,  some  heart-rending  catastrophe,  or  savage  slaughter 
of  innocent  children.  They  had  learned  themselves,  and 
were  teaching  others,  to  laugh  at  the  conflagration  which 
laid  cities  in  ashes.  They  felt  that  nothing  had  been  well 
done  where  the  black  visage  of  war  had  not  gone,  or  the 
track  of  the  bloody  foot  of  desolation  had  not  been  well  im 
printed.  Fury  seemed  to  have  become  a  virtue  among  those 
who  should  have  been  most  calm.  Violence  was  the  watch- 
word of  those  whose  avocation  was  to  teach  meekness  as  a 
law  of  life,  and  love  as  the  only  preparation  for  the  world  to 
come. 

■  Ministers  of  the  Gospel  of  Peace  were  teaching  such  lessons 
of  cruelty,  ir:  such  a  spirit  of  violence,  and  in  such  language 
of  intolerant  malice,  as  made  the  ordinary  mind,  yet  retain- 
ing self-control,  grow  sick.    Judges  of  courts,  whose  duty  it 

632 


HENRY    CLAY  DEAN. 


633 


was  tc  keep  the  peace,  in  open  defiance  of  the  obligations 
of  their  oaths  of  office,  in  contempt  of  the  long-established 
conservative  character  of  the  honorable  profession  in  which 
they  were  educated,  and  to  the  great  scandal  of  the  ermine, 
went  into  the  rural  districts  during  the  current  session  of 
their  courts,  and  delivered  harangues,  appealing  to  the  basest 
j  assions  of  human  nature,  encouraging  crimes  most  obnox- 
ious to  the  laws  of  the  country,  and  indulging  in  language 
well  calculated  to  light  the  whole  land  in  a  blaze  of  furious, 
endless  lawlessness  and  civil  war.  Yet,  in  addressing  the 
people,  Mr.  Dean  found  that,  underneath  all  this  party  bit- 
terness and  strife,  which  were  but  momentary,  there  was 
a  flood  of  good  feeling,  as  pure  as  the  waters  that  gush 
from  beneath  the  Alpine  mountains  of  perpetual  snow.  The 
masses  of  the  people  still  loved  each  other,  but  were  misled 
until  their  passions  were  hot  as  the  burning  sand,  and  explo- 
sive as  gunpowder.  "When  he  spoke  of  renewing  old  neigh- 
borhoods, reviving  Christian  fellowship,  and  cultivating  bro- 
therly love,  cheering  smiles  would  play  upon  their  faces,  wild 
huzzas  of  good  feeling  would  break  forth  from  their  manly 
lips,  and  tears  would  sometimes  drive  each  other  down  their 
sunburnt  cheeks,  as  they  prayed  the  sweet  spirit  of  Friendship 
to  return,  the  Angel  of  Mercy  to  banish  the  Angel  of  Death, 
and  the  Genius  of  Christianity  to  again  assert  her  supreme 
sovereignty  over  society  —  over  our  divided,  distracted,  and 
wellnigh  ruined  country. 

In  these  actions,  in  these  speeches,  consisted  his  offence. 
The  leaders  of  the  Radical  party  in  the  State  determined  to 
give  him  a  quietus,  regardless  of  consequences,  and  only 
waited  an  opportunity  for  executing  their  lawless  desire  for 
vengeance.  The  opportune  moment  for  the  gratification  of 
their  fiendish  desire  at  length  arrived.  In  May,  1863,  he  was 
arrested  at  Keokuk,  while  on  his  wpy  from  Quincy,  Illinois, 
to  Keosauqua,  Iowa,  to  attend  a  meeting  of  the  Democratic 
oarty.  Mobocracy  had  run  riot  in  Keokuk  for  many  months, 
ander  the  auspices  of  the  officers  commanding  the  post  and 
having  in  charge  the  medical  department.    He  had  to  pass 


634 


AMERICAN  BA8TILE. 


through  Keokuk  to  reach  the  cars.  Before  he  landed  at  tha 
wharf,  he  learned  that  the  "  Gate  City,"  the  only  paper  pub 
lished  in  Keokuk,  had  demanded  his  arrest.  Nearly  every 
Puritan  paper  in  the  State  had  joined  in  the  general  howl. 
The  tone  of  the  press  was  like  the  bulletins  issued  in  the  dark 
alleys  of  Paris,  or  the  handbills  posted  on  the  front  of  the 
buildings  early  on  each  morning,  containing  the  death-war- 
rant of  some  intended  victim  of  assassination,  in  the  most 
terrible  days  of  the  French  Revolution.  This  issue  of  the 
paper  was  but  the  foreshadowing  of  the  intention  of  malig- 
nant citizens  of  Keokuk.  All  the  details  of  his  arrest  are 
not  proper  for  the  public  eye. 

His  arrest  was  agreed  upon  as  soon  as  his  name  was  regis- 
tered at  the  Billings  House.  Mr.  D.  was  then,  and  is  now, 
unconscious  of  having  ever  wronged  or  justly  incurred  the 
ill-will  of  any  human  being  in  that  city,  from  any  cause 
whatever.  He  called  to  see  the  Hon.  J.  W.  Clagett,  on  busi- 
ness, and,  while  sitting  on  the  porch  with  the  Judge,  saw 
a  crowd  approaching,  who  inquired  for  him,  calling  him 
by  name.  Instinctively  aware  that  he  was  about  to  be  ar- 
rested, he  did  not  call  in  question  their  authority,  for  the 
following  reasons : 

First.  Every  soldier  is  under  a  most  solemn  oath,  and  a 
very  severe  penalty,  to  obey  the  articles  of  war,  which  forbid 
anything  like  the  semblance  of  a  mob. 

Second.  Every  officer  is  held  responsible  for  the  discipline 
and  conduct  of  his  soldiers,  and  whenever  soldiers  become  a 
mob,  or  engage  iu  a  mob,  the  officers  are  either  corrupt  or 
imbecile. 

TJiird.  A  young  man  by  the  name  of  Ball,  while  in  the 
office  of  the  Provost  Marshal ,  informed  him>  with  the  grin, 
and  very  much  the  tone  of  a  Sioux  Indian,  that  he  4  wanted 
the  boys  to  take  their  satisfaction  out  of  him,'  and  that  he 
now  arrested  him  in  due  form,  and  accordingly  handed  him 
over  to  the  Sergeant  of  the  provost  guard. 

After  his  arrest  at  the  house  of  Judge  Clagett,  Mr.  DeaL 
was  placed  in  the  front  of  the  crowd,  with  a  low-bred,  insolent 


HENBY    CLAY  DEAN. 


635 


man,  who  commenced  asking  him  offensive  questions,  of  which 
he  took  no  notice.  After  hurrying  him  through  several 
streets,  a  hollow  square  was  formed,  where  he  was  taunted, 
threatened,  and  insulted,  for  a  full  half-hour.  He  was  gra- 
ciously informed  that  death  was  entirely  too  mild  a  punish- 
ment to  be  administered  to  a  "  Copperhead,"  who,  in  the 
choice  language  of  their  newspapers,  was  foolhardy  and  de- 
mented enough  to  venture  through  Keokuk. 

The  soldiers  were  all  strangers  to  him,  and  were  led  on  and 
prompted  to  their  action  by  the  Puritan  clique,  who  had  an 
unsettled  account  with  him  for  some  candid  talk  about  the 
year  1860,  when  he  was  a  candidate  for  Elector  of  the  State 
at  large,  on  the  Democratic  ticket,  headed  by  the  name  of 
Judge  Douglas. 

These  benevolent  men  thought  Nature  at  fault,  that  she 
had  not  endowed  him  with  at  least  four  separate  and  distinct 
lives,  that  each  of  them  might  be  entirely  gratified  in  having 
him  put  to  death  in  his  own  choice  way.  On  the  outside  of  the 
crowd  there  stood  a  merchant  of  thin  visage,  sharp  nose,  red 
head,  and  exceeding  thin  lips,  who  cried  out,  at  the  top  of 
his  voice,  u  He  ought  to  be  drowned,  seeing  the  Mississippi 
is  so  close  at  hand,"  when  there  went  up  a  yell  of  "  Drown 
him  / "  "  Drown  him  !  "  "  DROWN  HIM ! "  Another  of  the 
malignants  spoke  up  and  said,  "  Drowning  was  entirely  too 
easy  and  speedy  a  death  for  a  Copperhead  ; "  and  cried  out, 
"Hang  him!"  "Hang  him  !"  "HANG  HIM!"  Still  an- 
other commenced,  and  the  cry  went  up, "  Shoot  him  !  "  "  Shoot 
him!"  "SHOOT  HIM!" 

A  fourth,  with  the  murderous  laugh  of  a  Pawnee,  said, 
"  Burning  would  better  measure  out  the  allotted  punishment, 
lengthen  the  scene  of  enjoyment,  and  minister  more  tho- 
roughly to  the  gratification  of  the  executioners."  This  gen- 
tleman found  no  response ;  his  humanitarian  idea  evidently 
being  in  advance  of  his  coadjutors.  Every  manner  of  insult 
and  opprobrious  epithet  was  used  to  jeer,  mortify,  and  offend. 

After  being  thus  brutally  treated,  Mr.  Dean  addressed  the 
crowd  for  a  few  minutes,  and  informed  them  that  he  had 


636 


AMERICAN  BASTILE. 


been  sick  for  nearly  a  week,  was  then  taking  medicine,  and 
desired  a  place  to  be  at  rest. 

After  much  parleying,  whooping,  yelling,  and  coarse  insult, 
he  was  marched  down  to  the  office  of  the  Provost  Marshal, 
and  there  commanded  by  the  young  man,  Ball,  to  strip  him- 
self stark  naked,  which  he  had  to  do,  in  the  presence  of  a 
large  crowd,  and  to  remain  in  that  condition  for  fifteen  min- 
utes, while  his  clothes  were  searched,  and  each  one  of  the  party 
had  taken  his  full  liberty  in  about  the  same  kind  of  jesting 
that  had  occurred  in  the  street,  except  that  it  was  coarser 
and  broader  in  the  room.  Mr.  Dean  told  Ball  that  he  had 
understood  that  he  was  an  officer  educated  at  West  Point, 
from  which  he  inferred  that  he  was  a  gentleman.  Being 
informed  to  the  contrary,  that  he  was  not  a  West-Pointer, 
Mr.  D.  placed  it  to  the  lasting  credit  of  that  institution. 

After  he  had  been  allowed  to  put  on  his  clothes,  his  carpet- 
sack  was  sent  for,  carefully  searched,  and  his  private  letters 
fend  papers  read  aloud  in  the  presence  of  the  crowd,  open  to 
the  inspection  of  everybody.  The  letters  of  his  wife,  and 
other  papers,  were  jumbled  together,  and  his  knife  and  other 
pYticles  taken,  which  he  has  never  been  able  to  recover. 

After  all  this  was  over,  Mr.  Ball  sent  some  one  of  the  crowd 
to  inform  the  soldiers  that  he  would  assure  them  that  Mr.  Dean 
would  be  severely  dealt  with,  and  they  were  permitted  to 
retire.  He  was  soon  lodged  in  the  guard-house,  where  there 
was  neither  chair,  stool,  nor  stand.  Sergeant  Newport  kindly 
furnished  him  a  cot.  One  filthy  towel  was  the  wiping-cloth 
of  a  large  body  of  men,  some  with  diseased  and  scrofulous 
eyes.  Sergeant  Newport,  as  well  as  every  soldier  of  the  pro- 
vost guard,  treated  him  with  civility,  courtesy,  and  respect, 
and  their  actions  compared  favorably  with  those  of  their 
superior  officers. 

"  I  was  informed,  upon  my  first  entrance  into  this  place," 
says  Mr.  Dean,  "  that  the  central  idea  of  a  military  pr  son 
is  to  make  it  as  nearly  the  very  essence  of  hell  as  is  possible. 
In  this  they  have  made  a  capital  success.  The  room  is  abou* 
Rizteen  feet  wide  by  forty-five  feet  long,  with  enough  taken 


FENRY    CLAY  DEAN. 


637 


off  of  the  side  to  make  room  for  a  flight  of  stairs.  In  this 
room  there  are  fifty  men  lying  side  by  side.  They  are  of 
almost  every  conceivable  grade,  gathered  from  every  rank  in 
society,  and  charged  with  every  manner  of  offence  known  to 
the  laws  of  God  and  man.  Some  of  them,  even  in  sickness, 
lawless  and  ungovernable,  have  been  sent  in  from  the  hos- 
pital, breathing  the  deadly  malaria  of  all  the  diseases  gene- 
rated by  the  vices  of  the  army.  The  stench  of  scrofula  issu- 
ing from  their  putrid  breath,  would  nauseate  the  stomach 
of  the  oldest  Bacchanalian.  Another  squad,  that  contributed 
to  the  more  dense  population  of  the  place  of  this  semi-celestial 
chamber,  which  is  elevated  to  the  third  story  of  a  dilapidated 
store-house  in  the  ragged  suburbs  of  a  dilapidated  river  town, 
was  a  body  of  convalescent  soldiers,  which  has  been  sent  up 
for  mobbing  a  quiet  country  gentleman  to  avenge  the  malice 
of  a  drunken  Cyprian. 

"  In  this  place  there  were  bushwhackers  fresh  from  the 
charcoal  fields  of  the  guerrilla  bands  of  Missouri,  who  had 
stood  like  hungry  hyenas  over  the  dying,  innocent  victims 
of  their  rapacity  and  lust.  On  the  floor  of  the  farther  end 
of  the  room  lay  a  gang  of  rowdies,  who  were  snatched  up  for 
infesting  a  low  brothel  in  the  purlieus  of  the  city.  Yery 
near  them  was  a  group  of  reckless  Rounders,  reeking  with 
drugged  liquors,  infuriated  with  madness,  belching  forth 
oaths,  and  howling  obscene  songs,  compared  with  which  the 
jovial  scenes  of  Billingsgate  are  chaste  and  mod*>8t.  This 
body  of  ruffians  were  placed  for  safe  keeping  in  the  guard- 
house, until  the  whiskey  had  died  out  on  their  Drams,  and 
its  putrid  fumes  began  to  poison  the  atmosphere.  Inter- 
mingled with  the  others  were  deserters,  escaping  the  hard- 
ships and  duties  of  the  armies,  together  with  rebel  prisoners 
arrested  on  their  way  back  to  take  up  armn  against  the 
Government.  There  are  here  confined  men  who  had  com- 
mitted rape,  horse-thieves,  watch-thieves,  murderers,  and 
traitors,  in  a  common  nest  huddled  together.  To  add  to  the 
interest  of  this  society,  every  evening  the  patrol  gpard  would 
gather  up  the  beastly  drunk  and  tumble  them  in 


638 


AMERICAN  BASTILE. 


"  At  about  nine  o'clock  at  night  the  roll  was  called,  and 
those  most  able-bodied  and  desperate  were  locked  in  chains, 
two  together.  Then  the  whole  crowd  would  break  out  in 
one  long-continued,  hideous  yell,  compared  with  which  the 
howls  of  a  gang  of  half-starved  prairie  wolves  are  musical  and 
melodious.  To  add  to  the  attractions  of  this  new  habitation, 
tobacco  spittle,  the  expectoration  of  lungs  half  rotten  with 
consumption,  the  contents  of  catarrh  nostrils,  with  tbe  spon- 
taneous relief  given  by  nature  to  drunken  men,  were  indis- 
criminately scattered  over  the  floor,  while  every  stitch  of 
clothes  was  literally  filled  with  vermin.  And  this  was  the 
prison  into  which  a  free  American  citizen  was  placed  for 
darins:  to  be  a  Democrat. 

"  For  fourteen  long  and  loathsome,  dreary  days  and  nights, 
feverish  with  loss  of  sleep,  and  gasping  for  breath,  I  was  con- 
fined in  this  nameless  place.  Sometimes  I  would  go  to  the 
window  for  a  draught  of  pure  air,  only  to  catch  the  flood  of 
dust  that  swept  through  the  streets,  and  was  breathed  in 
my  nostrils  until  my  lungs  became  so  swollen  that  I  could 
scarcely  inhale  or  exhale  the  air,  and  my  tongue  became  so 
enlarged  at  the  palate  that  I  could  with  difficulty  swallow 
my  food.  The  prisoners  ate  after  the  soldiers,  and  com- 
plained much  of  their  food.  I  received  my  meals  regularly 
from  a  kind-hearted  Democratic  lady,  of  great  intelligence 
and  worth,  whom  even  mobs  could  not  deter  from  doing  her 
duty. 

"  Through  the  day,  the  prisoners,  to  give  exercise  to  their 
limbs,  would  romp  and  play  like  wild  horses,  until  the  build- 
ing would  tremble  at  its  .base.  The  long  loss  of  rest  made 
me  faint  on  each  returning  evening,  for  the  quiet  interval  of 
two  hours,  from  two  o'clock  till  four  in  the  morning,  promised 
the  only  quiet  which  could  be  enjoyed,  even  for  sleep,  in  this 
pandemonium. 

"  These  men  treated  me  kindly  and  respectfully  underneath 
all  infirmities  and  misfortunes.  With  these  poor  fellows 
there  was  a  great  fountain  of  the  pure  milk  of  human  kind- 
ness still  flowing,  and  a  tender  sensibility,  which,  when 


HENRY    CLAY  DEAN. 


639 


Couched,  would  break  forth  in  tears,  or  in  tones  of  subdued 
affection,  for  home,  and  family,  and  God.  I  duly  recognized 
their  sympathy,  and  addressed  myself  to  its  relief,  and  spent 
my  time  in  writing  letters  for  unfortunate  husbands  to  their 
wives,  who  were  left  in  cabins  without  food  or  raiment,  ex 
cept  as  it  was  earned  by  mothers  at  the  wash-tub,  or  in  the 
broiling  sun.  Children  wrote  to  their  disconsolate  parents 
trembling  on  the  verge  of  the  grave.  A  wild,  frolicksom.e 
fellow,  who  had  grown  sad,  talked  to  me  of  his  black-eyed 
Mary  of  the  frontier,  her  playful  eye,  her  sweet  voice,  and 
the  last  pledge  of  love  he  had  made  to  her  before  leaving  for 
the  wars.  When  he  spoke,  ever  and  anon  a  tear  would 
sparkle  in  his  eye,  and  the  innocence  of  childhood  arise  in 
hi  3  countenance,  checked  for  a  moment  by  his  unfortunate 
condition,  as  the  floating  cloud  obscures  the  brightness 
of  the  sun.  There  were  other  poor  fellows,  arraigned 
for  grave  offences  against  God  and  liberty,  law  and  order,  * 
whose  cases  I  assisted  to  prepare  for  court.  There  was  no 
amusement  other  than  the  place  itself  afforded.  Our  only 
theatrical  enjoyment  was  the  outburst  of  fine  Irish  wit,  re- 
freshed by  such  whiskey  as  would  never  have  found  a  place 
in  Ireland." 

This  place  had  a  chaplain,  of  whom  the  prisoners  knew 
just  nothing  at  all.  We  suppose  him  to  have  been  a  good, 
clever,  inoffensive  man,  as  innocent  of  human  nature  and  its 
wants  as  an  Englishman's  mastiff  is  of  the  common  law  of  the 
land.  He  never  spoke  to  the  prisoners  of  their  real  spiritual 
wants,  or  assisted  them  in  making  their  condition  happier. 
Yet,  like  a  true  Government  officer,  he  drew  his  salary  regu- 
larly. Mr.  Dean  left  the  place  with  many  kind  feelings  for 
the  inmates.  He  tried  to  impress  each  of  them  with  the  con- 
7iction  that,  while  any  man  may  be  a  prisoner,  the  prisoner 
should  not  forget  that  he  is  still  a  man.  Weighing  two  hun- 
dred and  thirty  pounds,  suffocation  wellnigh  exhausted  his 
strength.  At  the  end  of  fourteen  days,  his  wife,  who  is  a  lady 
of  feeb'e  health,  and  was  then  sick,  stopped  at  the  Billings 
Hons?.    He  obtained  a  parole  of  honor  to  visit  her,  agreeing 


640 


AMERICAN  BASTILE. 


to  confine  "himself  to  the  hotel.  During  this  time  the  United 
States  Court  was  in  session  in  Des  Moines,  for  the  purpose 
of  finding  indictments.  Indictments  were  found  against  men 
for  various  offences.  Any  kind  of  indictment  would  have 
been  a  relief  to  the  Puritanical  persecutors  who  were  hunting 
him  down.  The  whole  country  was  raked,  scraped,  and 
canvassed  by  spies,  eavesdroppers,  and  common  informers, 
in  the  genuine  spirit  of  Titus  Oates.  Every  effort  was  used 
— personal  spite,  political  malice,  private  conversations,  news- 
paper scraps,  written  speeches,  political  associations,  and 
party  antecedents,  were  all  thoroughly  examined  for  treason, 
sedition,  or  anything  which  would  implicate  his  love  of  coun- 
try or  prove  his  sympathies  with  its  enemies.  But  no  indict- 
nient  could  be  found  in  a  good  season  for  indictments,  when 
one  was  needed  to  cover  up  the  wrongs  committed  against 
law,  order,  and  decency  by  his  assailants. 

This  was  not  the  only  instance  of  wrong  suffered,  nor  the 
only  act  of  violence  done  in  the  city  of  Keokuk.  They  were 
frequent  and  outrageous.  The  "  Constitution  "  newspaper 
office  was  destroyed.  Mr.  Hoover's  store  was  destroyed  in 
the  same  way.  The  private  dwellings  of  a  number  of  Dem- 
ocrats were  assailed  in  the  dead  hour  of  night,  by  the  same 
persons.  Houses  were  ransacked  in  the  same  way ;  and  a 
note  was  sent  by  young  Ball,  giving  notice  to  an  officer  not 
to  attack  a  private  family  until  the  husband  returned. 

Mr.  Dean  had  not  been  in  the  guard-house  seventy  hours 
for  exercising  the  right  of  free  speech,  until  Governor  Kirk- 
wood,  Congressman  Wilson,  and  Adjutant-General  Baker 
were  posted  to  speak  within  hearing  of  where  he  was  guarded ; 
and  Mr.  Wilson  endeavored  to  convince  the  people  that  all 
arbitrary  arrests  were  right,  and  were  not  of  sufficient  fre- 
quency. It  was  such  passionate  harangues  that  demoralized 
the  army,  and,  by  a  strict  and  fair  construction  of  military 
law,  these  men  were  mutineers ;  and  so  long  as  it  was  done 
thero  was  no  safety  to  life,  liberty,  or  property. 

Mr.  Dean  says,  "I  was  in  danger  at  any  time  of  assassina- 
tion from  that  class  of  citizens  who  incite  all  the  mobs.  Odc 


HENRY    CLAY  BEAN. 


641 


brave  soldier  told  me,  during  my  confinement,  that  a  citizen 
of  Keokuk  had  offered  him  one  hundred  dollars  if  he  would 
assassinate  me ;  and  told  the  soldier  that  he  need  never  be 
known  in  the  transaction ;  that  if  arrested,  he  would  be  ac- 
quitted at  once ;  that  he  might  charge  me  with  running 
guard.  The  same  class  of  citizens  spoke  of  my  assassination 
in  the  bar-rooms  and  elsewhere.  Every  personal  acquaintance 
among  the  soldiers,  sick,  well,  and  convalescent,  treated  me 
with  kindness.  And  of  every  demonstration  against  any 
one,  the  malignant  citizens,  the  imbecile  and  corrupt  officers 
were  not  only  negatively,  but  positively  the  acting,  moving, 
misrepresenting,  instigating  cause." 

On  the  11th  June,  1863,  Mr.  Dean  was  unconditionally 
discharged  by  General  J.  M.  Hiatt,  the  Provost  Marshal, 
an  officer  exceedingly  tenacious  of  his  rights  and  duties,  and 
who  at  no  time  had  shown  any  disposition  to  favor  or  screen 
him  from  any  testimony  that  might,  in  any  way,  fasten  upon 
him.  But  it  is  but  just  to  say  that  he  was  in  no  wise  a  party 
to  the  personal  insults  offered  Mr.  Dean,  but  uniformly  treated 
him  with  civility. 
41 


FRANK  KEY  HOWARD,  ESQ. 


IT  would  be  impossible,  without  extending  this  work  far 
beyond  the  limits  designed,  to  give  a  separate  history  of 
each  one  of  the  many  cases  of  gentlemen  of  Baltimore, 
and  from  different  parts  of  the  State  of  Maryland,  who  was 
arrested  and  imprisoned. 

It  will  be  remembered  that  the  Mayor  of  the  city  of  Bal- 
timore, the  Police  Commissioners,  the  Marshal  of  Police, 
members  of  the  State  Legislature,  and  private  citizens,  not 
Dnly  from  that  city,  but  from  all  parts  of  the  State,  were  ar- 
rested and  thrown  into  prison,  by  the  edict  of  Abraham  Lin- 
coln, and  kept  there  for  months,  without  any  warrant  of  law 
whatever. 

The  prerogative  exercised  by  Mr.  Lincoln  in  Maryland,  as 
elsewhere,  exhibits  an  assumption  of  power  unparalleled  in 
the  history  of  any  country,  at  any  time.  For,  be  it  remem- 
bered, Maryland  was  not  in  a  state  of  revolution  or  rebellion. 
Mob  law  may  have  existed  at  times  in  the  city  of  Baltimore, 
but  did  it  not  exist,  at  times,  in  the  city  of  Philadelphia  ?  Nor 
was  there  any  well-founded  reason  to  apprehend  that  the  Legis- 
lature of  Maryland  would  pass  an  ordinance  of  secession. 

Hon.  S.  Teackle  Wallis,  a  prominent  member  of  that  body 
—  and  one  of  the  victims  of  arbitrary  power  —  in  a  letter 
addressed  by  him  to  John  Sherman,  Senator  of  Ohio,  says : 

"  The  special  session  of  the  Legislature  of  Maryland,  called 
by  Governor  Hicks,  in  1861,  was  opened  in  Frederick,  on  the 
26th  of  April,  in  that  year.  On  the  next  day,  April  27,  a 
select  committee  of  the  Senate  reported  to  that  body  an  ad- 
dress to  the  people  of  Maryland,  which,  on  the  same  day, 
was  unanimously  adopted,  and  was  shortly  afterward  pub- 

642 


FRANK    KEY  HOWaBD, 


CAS 


fished,  with  the  individual  signatures  of  the  Senators,  in  alJ 
the  newspapers  of  the  State. 

"  The  principal  feature  of  that  address,  in  fact  almost  the 
only  purpose  of  its  promulgation,  is  developed  in  the  follow- 
ing extract : 

" 4  We  cannot  hut  know  that  a  large  portion  of  the  citizens 
of  Maryland  have  heen  induced  to  believe  that  there  is  a 
probability  that  our  deliberations  may  result  in  the  passage 
of  some  measure  committing  this  State  to  secession.  It  is, 
therefore,  our  duty  to  declare  that  all  such  fears  are  without 
just  foundation.  We  know  that  we  have  no  constitutional  au- 
thority to  take  such  action;  you  need  not  fear  that  there  is  a  pos- 
sibility that  we  will  do  so,' " 

Notwithstanding  this  enunciation,  the  Maryland  Legisla- 
ture was  suppressed,  the  members  incarcerated,  and  citi- 
zens by  the  scores  throughout  the  State  imprisoned.  There- 
fore, in  order  to  embrace  the  history  of  many  of  the  cases 
o{  citizens  in  Baltimore  —  because  they  are  not  dissimilar  — 
in  one  narrative,  we  present  a  most  interesting  and  readable 
one,  from  the  pen  of  Frank  Key  Howard,  Esq.,  a  member  of 
the  Baltimore  Bar. 

FORT  McHENRY. 
On  the  morning  of  the  13th  of  September,  1861,  at  my 
residence,  in  the  city  of  Baltimore,  I  was  awakened,  about 
half-past  twelve  or  one  o'clock,  by  the  ringing  of  the  bell. 
On  going  to  the  window,  I  saw  a  man  standing  on  the  steps 
below,  who  told  me  he  had  a  message  for  me  from  Mr.  S.  T. 
Wallis.  I  desired  to  know  the  purport  of  it,  when  he  in- 
formed me  that  he  could  only  deliver  it  to  me  privately.  As 
it  had  been  rumored  that  the  Government  intended  to  arrest 
the  members  of  the  Legislature,  and  as  Mr.  "Wallis  was  one 
of  the  most  prominent  of  the  Delegates  from  the  city  of 
Baltimore,  I  thought  it  probable  that  the  threatened  outrage 
nad  been  consummated,  and  I  hurried  down  to  tne  door. 
When  I  opened  it,  two  men  entered,  leaving  the  door  ajar. 
One  ol  them  informed  me  that  he  had  an  order  for  my  arrest 


644 


AMERICAN  BASTILE. 


In  answer  to  my  demand  that  he  should  produce  the  warrant 
or  order  under  which  he  was  acting,  he  declined  to  do  so, 
but  said  he  nad  instructions  from  Mr.  Seward,  the  Secretary 
of  State. 

I  replied  that  I  could  recognize  no  such  authority,  when 
he  stated  that  he  intended  to  execute  his  orders,  and  that 
resistance  would  be  idle,  as  he  had  a  force  with  him  sufficient 
to  render  it  unavailing.  As  he  spoke,  several  men  entered 
the  house,  more  than  one  of  whom  were  armed  with  revolvers, 
which  I  saw  in  their  belts.  There  was  no  one  in  the  house, 
when  it  was  thus  invaded,  except  my  wife,  children,  and  ser- 
vants ;  and,  under  such  circumstances,  I,  of  course,  abandoned 
all  idea  of  resistance.  I  went  into  my  library,  and  sent  for 
my  wife,  who  soon  joined  me  there,  when  I  was  informed 
that  neither  of  us  would  be  permitted  to  leave  the  room 
until  the  house  had  been  searched.  How  many  men  were 
present,  I  am  unable  to  say,  but  two  or  three  were  stationed 
in  my  library,  and  one  at  the  front  door,  and  I  saw  several 
others  passing,  from  time  to  time,  along  the  passage.  The 
leader  of  the  gang  then  began  to  search  the  apartment. 
Every  drawer  and  box  was  thoroughly  ransacked,  as  also 
were  my  portfolio  and  writing-desk,  and  every  other  place 
that  could  possibly  be  supposed  to  hold  any  papers.  All  my 
private  memoranda,  hills,  note-books,  and  letters  were  col- 
lected together,  to  be  carried  off.  Every  room  in  the  house 
subsequently  underwent  a  similar  search.  After  the  first 
two  rooms  had  been  thus  searched,  I  was  told  that  I  could 
not  remain  longer,  but  must  prepare  to  go  to  Fort  McHenry. 
I  went  up  stairs,  to  finish  dressing,  accompanied  by  the  leader 
of  the  party,  and  I  saw  that  men  were  stationed  in  all  parts 
of  the  house,  one  even  standing  sentinel  at  the  door  of  my 
children's  nursery.  Having  dressed,  and  packed  up  a  change 
of  clothes,  and  a  few  other  articles,  I  went  down  into  the 
library,  and  was  notified  that  I  must  at  once  depart.  I 
demanded  permission  to  send  for  my  wife's  brother  or  father, 
who  were  in  the  immediate  neighborhood,  hut  this  was  re- 
fused.   My  wife  then  desired  to  go  to  her  children's  room. 


FRANK    KEY  HOWARD. 


645 


and  this  request  was  also  refused.  I  was  forced  to  submit ; 
and  ordering  tlie  servants  to  remain  in  the  room  with  my 
wife,  and  giving  decided  expression  to  my  feelings  concern- 
ing the  outrage  perpetrated  upon  me,  and  the  miserable 
tyrants  who  had  authorized  it,  I  got  into  the  carriage  which 
was  waiting  to  convey  me  to  Fort  McIIenry.  Two  men, 
wearing  the  badges  of  the  police  force  which  the  Govern- 
ment had  organized,  escorted  me  to  the  Fort.  It  was  with 
a  bitter  pang  that  I  left  my  house  in  possession  of  the  mis- 
creants who  had  invaded  it.  I  afterward  learned  that  the 
search  was  continued  for  some  time,  and  it  was  not  until 
after  three  o'clock  in  the  morning  that  they  left  the  premises. 

I  reached  Fort  McIIenry  about  two  o'clock  in  the  morn 
ing.  There  I  found  several  of  my  friends,  and  others  were 
brought  in  a  few  minutes  afterward.  One  or  two  were 
brought  in  later  in  the  day,  making  fifteen  in  all.  Among 
them  were  most  of  the  members  of  the  Legislature  from 
Baltimore,  Mr.  Brown,  the  Mayor  of  the  city,  and  one  of 
our  Representatives  in  Congress,  Mr.  May.  They  were  all 
gentlemen  of  high  social  position,  and  of  unimpeachable 
character,  and  each  of  them  had  been  arrested,  as  has  been 
said,  solely  on  account  of  his  political  opinions,  no  definite 
charge  having  been  then  or  afterward  preferred  against 
them.  Two  small  rooms  were  assigned  us  during  our  stay. 
In  the  smaller  one  of  these  I  was  placed,  with  three  com- 
panions. The  furniture  consisted  of  three  or  four  chairs  and 
an  old  rickety  bedstead,  upon  which  was  the  filthiest  apology 
for  a  bed  I  ever  saw.  There  was  also  a  tolerably  clean-looking 
mattress  lying  in  one  corner.  Upon  this  mattress,  and  upon 
the  chairs  and  bedstead,  we  vainly  tried  to  get  a  few  hours' 
Bleep.  The  rooms  were  in  the  second  story  of  the  building, 
and  opened  upon  a  narrow  balcony,  which  we  were  allowed 
to  use,  sentinels,  however,  being  stationed  on  it.  When  I 
looked  out  in  the  morning,  I  could  not  help  being  struck  by 
an  odd  and  not  pleasant  coincidence.  On  that  day,  forty- 
seven  years  before,  my  grandfather,  Mr.  F.  S.  Key,  then  a 
[wuer  on  a  British  ship,  had  witnessed  the  bombardment 


646 


AMERICAN  BASTILE. 


of  Fort  McHenry.  When,  on  the  following  morning,  the 
hostile  fleet  drew  off,  defeated,  he  wrote  the  song  so  long 
popular  throughout  the  country,  the  "  Star-spangled  Bau- 
ner."  As  I  stood  upon  the  very  scene  of  that  conflict,  I 
could  not  hut  contrast  my  position  with  his,  forty-seven 
years  hefore.  The  flag  which  he  had  then  so  proudly  hailed, 
I  saw  waving,  at  the  same  place,  over  the  victims  of  as  vulgar 
and  hrutal  a  despotism  as  modern  times  have  witnessed. 

At  an  early  hour  in  the  morning,  and  through  the  day,  a 
number  of  our  friends  endeavored  to  procure  access  to  us,  but 
nearly  all  failed  to  do  so.  Three  or  four  gentlemen  and  two 
or  three  ladies  managed  to  obtain  admission  to  the  Fort,  and 
Colonel  Morris,  the  commanding  officer,  permitted  them  to 
interchange  a  few  words  with  us,  in  his  presence,  they  being 
down  on  the  parade-ground  and  we  up  in  the  balcony.  Mr. 
Brown  was  not  even  allowed  to  speak  to  his  wife,  who  had 
been  suffered  to  enter  the  Fort,  and  could  only  take  leave  of 
her  by  bowing  to  her  across  the  parade-ground.  About  mid- 
day, we  sent  for  our  clothes,  several  of  the  party  having  left 
home  without  bringing  anything  whatever  with  them.  At 
4  o'clock  p.m.,  we  were  notified  that  we  were  to  be  sent  at  five 
o'clock  to  Fortress  Monroe.  The  trunks  of  most  of  us  for- 
tunately arrived  half  an  hour  before  we  left,  and  were  thor- 
oughly searched.  Had  they  been  delayed  a  little  longer,  we 
should  undoubtedly  have  been  sent  oft'  with  only  such  little 
clothing  as  some  of  us  happened  to  have  brought  with  us 
when  first  arrested.  As  it  was,  one  or  two  of  the  party  had 
absolutely  nothing  save  what  they  wore.  About  six  o'clock, 
we  left  Fort  McHenry  on  the  steamer  Adelaide.  The  after- 
cabin,  which  was  very  comfortable,  and  the  after-deck,  on 
which  it  opened,  were  assigned  to  our  use.  Sentinels  were 
stationed  in  the  cabin  and  on  the  after-deck.  The  officers 
and  crew  of  the  boat  treated  us  with  all  the  kindness  and 
courtesy  it  was  in  their  power  to  show.  When  we  were  taken 
below  to  supper,  we  saw  at  another  table  a  number  of  naval 
officers,  some  of  whom  several  of  my  companions  had  known 
well.    These  officers  did  not  venture  to  recognize  a  single 


FRANK    KEY  HOW1RD. 


647 


individual  of  our  party,  although  we  were  within  ten  feet  oi 
them,  and  within  full  view.  Their  conduct  was  in  admirable 
keeping  with  that  of  the  Government  they  served. 

FORTRESS  MONROE. 
We  reached  Fortress  Monroe  about  six  o'clock,  on  the 
morning  of  September  14.  Major-General  John  E.  Wool  was 
in  command  of  the  Department  within  which  the  Fort  was 
situated,  and  had  his  headquarters  there  at  the  time.  As  no 
arrangements  had  been  made  for  our  reception,  we  did  not 
land  until  late  in  the  day.  The  boat  lay  at  the  wharf  for 
several  hours,  and  then  ran  up  above  the  Fortress  about  a 
quarter  of  a  mile,  and  anchored  in  the  stream.  In  the  course 
of  the  day,  General  Wool  sent  for  Messrs.  Brown  and  May. 
He  stated  to  them  that  our  arrival  had  taken  him  by  sur- 
prise, and  that  he  had  no  quarters  prepared  for  us,  but  said 
that  some  of  the  casemates  were  being  made  ready  for  ue. 
He  evidently  felt  that  the  accommodations  he  was  about  to 
give  us  were  not  such  as  we  had  a  right  to  expect,  and  inti- 
mated that  a  building  known  as  Carroll  Hall,  or  a  portion  of 
it,  would,  in  all  probability,  be  assigned  to  us  in  a  few  days. 
This  was  the  last  that  any  of  the  party  saw  of  General  Wool, 
and  we  heard  no  more  of  Carroll  Hall.  About  five  o'clock, 
we  landed,  and  were  marched  to  our  quarters.  These  con- 
sisted of  two  casemates,  from  which  some  negroes  were  still 
engaged  in  removing  dirt  and  rubbish,  when  we  got  there. 
Each  of  these  casemates  was  divided  by  a  substantial  parti- 
tion, thus  making  four  rooms.  The  two  front  rooms  were 
well  finished,  and  were  about  fifteen  by  twenty-three  feet 
each,  and  each  had  a  door  and  two  windows  which  opened 
on  the  grounds  within  the  Fortress.  The  windows  had  Ve- 
netian shutters  to  them,  and  there  were  Venetian  doors  also, 
outside  of  the  ordinary  solid  doors.  The  inner,  or  back  rooms, 
if  rooms  they  can  be  called,  were  considerably  smaller  than 
the  others,  and  were  simply  vaulted  chambers  of  rough  stone, 
whitewashed.  They  were  each  lighted  by  a  single,  deep  em 
brasure,  which,  at  the  narrowest  part,  was  about  forty-fou 


648 


AMERICAN  BASTILE. 


by  twenty-two  inches.  Just  beneath  these  embrasures  win 
the  moat,  which  at  that  point  was  more  than  fifty  feet  in 
width.  On  the  opposite  side  of  the  moat  a  sentinel  was  eon 
stantly  stationed.  The  two  back  rooms  and  one  of  the  front 
ones  we  used  as  sleeping  apartments,  each  being  occupied  by 
five  persons.  In  the  other  front  room  we  took  our  meals. 
Bedsteads  and  bedding  were  furnished  us,  which,  I  believe, 
were  obtained  from  the  Hygeia  Hotel,  just  outside  the  walls. 
About  ten  o'clock,  one  of  the  Sergeants  of  the  Provost  Mar- 
shal visited  us,  and  carefully  searched  our  baggage.  Our 
meals  were  sent  from  the  hotel  also,  and  worse,  as  we  at  that 
time  thought,  could  not  well  have  been  offered  us.  The 
regulations  to  which  we  were  subjected,  were  not  only  unne- 
cessarily rigorous,  but  seem  to  have  been  framed  with  the 
deliberate  purpose  of  adding  petty  insults  to  our  other  annoy- 
ances. We  were  required  to  leave  the  room  when  the  ser- 
vants who  brought  our  meals  were  engaged  in  setting  the 
table,  although  a  sergeant  of  the  guard  was  always  present 
at  such  times,  to  prevent  our  holding  any  conversation  with 
them.  We  were  notified,  by  an  order  from  General  Wool  also, 
that  the  knives  and  forks  were  to  be  counted  after  each  meal.  It 
is  difficult  to  conceive  for  what  rational  purpose  such  a  rule 
was  made.  Fifteen  of  us  would  scarcely  have  thought  of 
assailing  the  thousands  of  troops  who  composed  the  garri- 
son, with  such  weapons  as  might  have  been  snatched  from 
(he  table ;  and,  closely  guarded  as  we  were,  it  was  hardly 
possible  that  we  could  have  effected  our  escape,  had  we 
thought  of  doing  so,  by  means  of  such  implements  as  knives 
and  forks.  The  order  was  one,  therefore,  which  could  only 
have  been  intended  to  humiliate  us,  and  it  was  certainly  such 
as  no  one  having  the  instincts  of  a  gentleman,  or  the  better 
feelings  of  a  man,  would  have  suggested  or  enforced.  It 
was,  however,  in  accordance  with  the  theory  upon  which 
General  Wool  thought  proper  to  deal  with  us  throughout. 

In  front  of  our  casemates  a  large  guard  was  stationed  day 
and  night,  two  or  three  tents  being  pitched  about  ten  feet 
off  for  their  use ;  and  a  sentinel  was  constantly  pacing  up 


FEANK    KEY  HOWARD. 


G49 


and  down  within  four  feet  of  oar  doors.  For  a  week  we 
never  left  our  two  casemates  for  a  single  instant,  for  any 
purpose  whatever.  We  continually  remonstrated  against 
the  manner  in  which  we  were  treated,  and  represented  the 
fact  that  we  were  likely,  under  such  circumstances,  to  suffer 
seriously  in  health.  Our  complaints  were  generally  followed 
by  some  new  restriction.  After  we  had  been  there  two  or 
three  days,  the  Sergeant  of  the  Guard  closed  the  window- 
shutters  and  the  Venetian  doors  of  our  rooms,  and  stated 
that  he  had  express  orders  to  do  so.  At  our  request,  Mr. 
Wallis  addressed  the  following  note  to  Captain  Davis,  the 
Provost  Marshal : 

"  Captain  Davis,  U.  S.  A.,  Provost  Marshal: 

"Sir:  The  Sergeant  who  has  charge  of  my  fellow-prisoners 
nnd  myself,  has  just  closed  the  blinds  of  our  front  windows  and 
doors,  excluding  us  from  the  sight  of  passing  objects,  shutting 
out,  to  a  great  extent,  the  light  by  which  we  read,  and  hindering 
the  circulation  of  the  air  through  our  apartments.  These  last 
arc,  at  best,  damp  and  unwholesome,  and  to-day  particularly,  in 
the  existing  state  of  the  atmosphere,  are  extremely  unpleasant 
and  uncomfortable  —  so  much  so,  that  we  have  been  compelled 
to  build  a  fire  for  our  mere  protection  from  illness.  Some  of  our 
number  are  old  men  ;  others  in  delicate  health;  and  the  restraint 
which  excludes  us  from  air  and  exercise  is  painful  enough,  with- 
out this  new  annoj-ance,  which  the  Sergeant  informs  us  he  has 
no  right  to  forego.  You  are  aware  of  the  disgusting  necessities 
to  which  we  are  subjected,  in  a  particular  of  which  we  spoke  to 
you  personally,  and  you  will,  of  course,  know  how  much  this 
new  obstruction  must  add  to  our  discomfort.  I  am  requested 
uy  my  companions  simply  to  call  your  attention  to  the  matter, 
nnd  am, 

Yery  respectfully, 

"S.  T.  Wallis. 

KYortrest3  Monroe,  17th  September,  1861." 

No  reply  was  made  to  this  by  Captain  Davis.  On  the  fob 
lowing  day,  iron  bars  were  placed  across  the  shutters,  and 


650 


AMERICAN  BASTILE. 


padlocked ,  thus  fastening  them  permanently,  and  the  vene* 
tian  doors  were  padlocked  also.  The  keys  were  kept  by  the 
Sergeant,  who  was  the  deputy,  or  assistant,  of  the  Provost 
Marshal,  and,  in  his  absence,  no  one  had  access  to  our  rooms. 
In  consequence  of  this,  we  were  often  put  to  serious  incon- 
venience, and  on  several  occasions,  our  meals,  which  were 
trundled  up  from  the  hotel  on  a  wheelbarrow,  remained  for 
an  hour  or  two  outside  of  the  door,  awaiting  the  pleasure  of 
the  Sergeant.  After  the  closing  of  the  doors  and  shutters, 
our  situation  was,  of  course,  far  more  irksome  than  ever. 
The  Venetian  doors  were  not  quite  so  high  as  the  solid  doors, 
and  by  standing  on  anything  that  elevated  us  a  few  inches, 
we  could  manage  to  look  out  over  them.  Through  these 
furtive  and  unsatisfactory  glimpses  only,  could  we  obtain 
any  sight  of  the  outer  world  on  that  side  of  our  prison. 
From  the  back  rooms  we  had  a  limited  view  of  the  river, 
and  of  some  of  the  shipping ;  and  of  this  prospect  it  was 
impossible  by  the  exercise  of  any  ingenuity  to  deprive  us. 
A  day  or  two  before  we  left,  we  were  allowed,  at  intervals 
during  the  day,  the  use  of  an  adjoining  casemate.  Sanitary 
considerations,  I  presume,  compelled  our  keepers  to  grant  us 
a  privilege,  which  it  was  sheer  brutality  to  have  so  long  de- 
nied us.  A  door  communicated  between  our  quarters  and 
this  new  casemate,  at  which  a  sentinel  was  stationed,  who 
permitted  two  persons  to  pass  at  one  time.  The  more  dis- 
gusting and  painful  details  of  our  imprisonment,  I  must  ab- 
stain from  dwelling  on.  Our  rooms  were  swept  each  morn- 
ing, and  such  other  personal  services  as  were  absolutely  ne- 
cessary were  hurriedly  performed  by  two  filthy  negro  boys, 
under  the  supervision  of  the  Sergeant  of  the  Guard. 

We  were  permitted  to  correspond  with  our  families  and 
friends,  all  our  letters  undergoing  the  scrutiny  of  one  of 
General  Wool's  officers.  But  we  were  not  allowed  to  make 
any  public  statements,  nor  even  to  correct  the  falsehoods  or 
slanders  which  were  circulated  about  us  in  the  newspapers 
On  one  occasion,  a  paragraph  appeared  in  the  Baltimore 
"  American,"  which,  by  way  of  justifying  our  arrest,  alleged 


FRANK    KEY  HOWARD. 


651 


that  the  Government  had  in  its  possession  ample  evidence  of 
the  fact,  that  all  who  had  been  arrested  had  in  some  way 
violated  the  laws.  An  assertion  so  utterly  false  we  naturally 
desired  to  contradict,  and  Messrs.  Brown,  and  Wallis,  and 
myself,  each  wrote  a  brief  card  for  publication  in  other 
journals,  denying  the  truth  of  the  "  American's  "  statement. 
These  cards  were  not  allowed  to  go  to  the  newspapers  to 
which  we  had  addressed  them.  It  apparently  suited  the 
purpose  of  the  Government  to  have  us  libelled  as  well  as 
punished,  and  we,  of  course,  were  without  redress. 

For  ten  days,  we  lived  as  I  have  described,  in  these  dark- 
ened and  dreary  casemates.  General  Wool  never  came  near 
our  quarters,  nor  did  he  ever,  either  directly  or  indirectly, 
extend  to  us  the  slightest  courtesy.  He  knew  as  well  as  any 
one,  that  we  had  been  seized  and  were  held  by  the  Govern- 
ment in  utter  violation  of  all  law,  and  that  he  had  no  decent 
pretext  for  permitting  himself  to  be  made  our  custodian. 
He  knew,  therefore,  that  we  were  entitled  to  be  treated  with 
some  consideration.  But  he  ignored,  alike,  his  obligations 
as  a  citizen  and  as  a  gentleman,  and  caused  us  to  be  subjected 
to  indignities  that  it  would  have  been  needless  to  inflict  on 
the  convicted  inmates  of  his  own  guard-house.  After  our 
return,  we  heard  in  several  quarters,  that  General  Wool  had 
repeatedly  said  he  acted  in  the  matter  strictly  in  accordance 
with  his  instructions  from  Washington.  As  implicit  defer- 
ence to  officers  of  the  Government  seems  to  be  generally  ex- 
acted in  these  days,  the  public  may  perhaps  accept  General 
Wool's  explanation.  For  myself,  I  do  not ;  and  I  am  sure 
there  are  many  who  will  refuse  to  credit  the  statement  that 
the  War  Department  found  time,  at  such  a  crisis,  to  send 
special  orders  to  Fortress  Monroe,  consigning  us  to  the  case- 
mates in  question,  and  directing  the  closing  of  the  shutters, 
and  the  counting  of  the  knives  and  forks.  It  seems  more 
reasonable  to  suppose  that  General  Wool  had  some  discre- 
tionary powers  in  regard  to  the  treatment  he  was  to  accord 
to  his  prisoners. 

Soon  after  we  reached  Fortress  Monroe,  we  began  to  coi* 


652 


AMERICAN  BASTILE. 


aider  the  probabilities  of  our  release,  and  the  means  by  which 
we  might  obtain  it.  It  was  suggested  that  we  should  come 
to  some  understanding  as  to  the  course  we  ought  to  pursue, 
and  then  act  together  throughout ;  but  this  proposition  was 
not  for  a  moment  entertained.  Almost  every  one  of  us 
thought  that  each  individual  should  act  for  himself,  under 
his  own  sense  of  right.  It  was  very  soon  evident,  however, 
that  we  were  all  of  one  opinion.  We  regarded  the  outrage 
done  us  personally,  as  one  about  which  we  could  make  no 
compromise.  We  thought  the  contemptuous  violation  of  the 
laws  of  our  State  and  the  rights  of  its  people,  required  at  our 
hands  all  the  resistance  we  could  offer.  We  saw  that  Mr. 
Lincoln  desired,  by  arbitrary  measures,  to  silence  everything 
like  opposition  to  his  schemes,  and  wre  felt  under  an  obliga- 
tion to  thwart  his  iniquitous  project,  by  showing  that  the 
people  of  Maryland  could  not  successfully  be  so  dealt  with. 
It  seemed  clear  to  us,  therefore,  that  it  was  the  duty  of  each 
of  U3,  both  as  an  individual  and  a  citizen,  to  continue  to  de- 
nounce and  protest  against  Mr.  Lincoln's  proceedings,  and 
to  accept  at  his  hands  nothing,  save  the  unconditional  dis- 
charge to  which  we  were  entitled.  Of  this  determination 
we  notified  our  friends,  during  the  first  few  days  of  our  im- 
prisonment. 

FORT  LAFAYETTE. 

On  the  afternoon  of  the  25th  of  September,  we  left  Fort- 
ress Monroe,  on  the  steamer  George  Peabody.  There  were 
no  otli^r  passengers,  but  the  fifteen  or  twenty  soldiers  com- 
posing the  guard.  The  boat  was  a  Baltimore  boat,  and  we 
received  from  her  officers  and  crew  the  same  courteous  treat- 
ment that  had  been  extended  to  us  on  board  of  the  Adelaide. 
We  reached  Fort  Lafayette,  in  New  York  harbor,  a  little 
before  dark,  on  the  afternoon  of  the  26th,  and  were  imme- 
diately transferred  from  the  boat  to  the  Fort.  Fort  Lafay- 
ette is  built  upon  a  shoal,  or  small  island,  lying  in  the  Nar- 
rows, just  between  the  lower  end  of  Staten  Island  and  Loug 
Island,  and  two  or  three  hundred  yards  from  the  latter. 


FRANK    KEY  HOWARD. 


653 


it  is  something  of  an  octagonal  structure,  though  the  four 
principal  sides  are  so  much  longer  than  the  others,  that  the 
building,  on  the  inside,  looks  like  a  square.  It  is  some  forty- 
iive  or  fifty  feet  high.  In  two  of  the  longer  and  two  of  the 
shorter  sides,  which  command  the  channel,  are  the  batteries. 
There  are  two  tiers  of  heavy  guns  on  each  of  these  sides,  and 
above  these  are  lighter  barbette  guns,  under  a  temporary 
wooden  roof.  The  other  two  principal  sides  are  occupied, 
on  the  first  and  second  stories,  by  small  casemates ;  all  those 
on  the  second,  and  some  of  those  on  the  first  story,  being 
then  assigned  to  the  officers  and  soldiers.  There  are,  alto- 
gether, ten  of  tl  <ise  casemates  on  each  story.  The  whole 
space  enclosed  w.thin  the  walls  is  about  one  hundred  and 
twenty  feet  across.  A  pavement,  about  twenty-five  feet  wide, 
runs  around  this  space,  leaving  a  patch  of  ground,  some 
seventy  feet  square,  in  the  middle.  A  gloomier-looking  place 
than  Fort  Lafayette,  both  within  and  without,  it  would  T.e 
hard  to  find  in  the  whole  State  of  ~New  York,  or,  indeed,  any- 
where. On  the  high  bluff  on  Lonsr  Island  stood  Fort  Ilamil- 
ton,  an  extensive  fortification,  whose  commanding  officer, 
Colonel  Martin  Burke,  had  also  jurisdiction  over  Fort  Lafay- 
ette. Lieutenant  Chas.  0.  Wood,  who  had, a  few  months  before, 
received  a  commission  from  Mr.  Lincoln,  was  commanding 
officer  at  Fort  Lafayette.  The  two  principal  gun-batteries, 
and  four  of  the  casemates  in  the  lower  story,  were  assigned  to 
the  prisoners.  Each  of  these  batteries  was  paved  with  brick, 
and  was,  I  should  judge,  about  sixty  feet  long  and  twenty- 
four  feet  wide.  The  one  in  which  I  was  first  quartered  was 
lighted  by  five  embrasures,  the  breadth  and  height  of  each 
being  about  two  and  a  half  by  two  feet,  and  on  the  outside 
of  these,  ir  >n  gratings  had  been  fastened.  There  were  five 
large  thirty-two-pounders  in  this  room,  which  were  about 
eight  feet  apart,  and,  with  their  carriages,  occupied  a  great 
deal  of  space.  Five  large  doorways,  seven  or  eight  feet  high, 
opened  upon  the  enclosure  within  the  walls,  and  were  closed 
by  solid  folding-doors.  We  were  only  allowed  to  keep  two 
of  these  do«rs,  at  one  end  of  the  battery,  open,  and  at  that 


654 


AMERICAN  BASTILE. 


end  only  could  we  usually  see  to  read  or  write.  The  lower 
half  of  the  battery  was  in  a  state  of  perpetual  twilight.  The 
adjoining  battery  was,  in  all  respects,  like  the  one  I  have  at- 
tempted  to  describe.  The  four  casemates,  which  were  occu- 
pied by  prisoners,  were  vaulted  cells,  measuring  twenty-four 
by  fourteen  feet  in  length  and  breadth,  and  eight  feet  at  the 
highest  point.  Each  was  lighted  by  two  small  loop-holes  in 
the  outer  wall,  about  ten  inches  wide,  and  by  a  similar  one 
opening  on  the  inside  enclosure.  These  casemates  were  both 
dark  and  damp,  but  they  had  fireplaces  in  them,  while  it 
was  impossible  to  warm  the  gun-batteries,  until  stoves  were 
put  up,  about  a  week  or  ten  days  before  we  left. 

The  Fort  could  not  be  made  to  accommodate  twenty 
people  decently,  beside  the  garrison.  Nevertheless,  there 
were  always  largely  over  a  hundred  crowded  into  it,  and 
it  one  time,  there  were  as  many  as  one  hundred  and  thirty- 
five. 

When  I  and  my  companions  reached  the  wharf,  we  were 
met  by  Lieutenant  Wood.  I  had  seen  him  at  Fort  Hamilton 
some  six  weeks  before,  having  gone  there  to  try  and  see  my 
father,  who  was  then  confined  in  Fort  Lafayette.  Wood 
recognized  me,  and  requested  me  to  introduce  to  him  the 
gentlemen  who  were  with  me.  This  was  the  first  and  last 
occasion,  as  far  as  I  know,  on  which  he  manifested  a  dis- 
position to  treat  us  with  civility.  His  bearing,  at  all  times 
subsequently,  was  that  of  an  ordinary  jailer,  except,  perhaps, 
that  he  displayed  even  less  good  feeling  than  usually  char- 
acterizes that  class  of  people.  We  were  marched  into  the 
gun-battery  I  have  mentioned,  and  as  the  prisoners  already 
there,  many  of  whom  were  our  acquaintances  or  friends, 
crowded  around  us,  Lieutenant  Wood  requested  all  to  leave 
the  room,  except  those  comprised  in  what  he  elegantly 
termed  the  "  last  lot."  We  were  then  required  to  give  up  all 
the  money  in  our  possession.  We  were  each  furnished  that 
night  with  an  iron  bedstead,  a  bag  of  straw,  and  one  shoddy 
blanket.  When  we  had  time  to  look  around  us,  we  found 
.here  were  some  twenty  prisoners  already  quartered  in  the 


FRANK    KEY  HOWARD. 


G55 


nattery,  and  the  number  of  inmates  was  therefore  increased 
to  about  thirty-fiie  by  the  addition  of  our  party.  The  beds, 
which  were  arranged  between  the  guns,  almost  touched  each 
other.  If  we  had  had  other  furniture,  we  should  not  have 
known  what  to  do  with  it,  three  or  four  chairs  and  a 
couple  of  small  tables  being  all  that  we  could  afterward 
find  space  for. 

We  found,  in  the  morning,  that  the  gun-battery  adjoin- 
ing ours  was,  if  possible,  more  crowded  than  the  one  we 
occupied,  and  the  casemates  were  as  much  crowded  as  the 
batteries.  There  wrere,  as  I  have  stated,  four  casemates,  on 
the  lower  or  ground  floor,  allotted  to  prisoners.  Three  of 
these  contained  nine  or  ten  persons  each,  and  into  the  fourth 
were  thrust,  at  that  time,  very  nearly  thirty  prisoners,  who 
were  either  privateersmen,  or  sailors  who  had  been  taken 
while  running  the  blockade  on  the  Southern  coast.  These 
men  had  neither  beds  nor  blankets,  and  were  all,  or  nearly 
all,  in  irons.    Their  situation  was  wretched  in  the  extreme. 

Such  was  the  condition  of  things  at  Fort  Lafayette  when 
we  reached  it,  and  we  were  not  a  little  astonished  to  learn 
from  our  friends,  who  had  been  there  longer,  that  their  situa- 
tion had  been  even  worse  a  few  weeks  previously  than  it  then 
was.  To  givs  a  correct  idea  of  the  manner  in  wThich  the 
Government  dealt  with  gentlemen  who,  by  its  own  admis- 
sion, had  been  arrested,  or  were  then  held  merely  by  way  of 
precaution,  I  insert  the  following  letters,  which  had,  before 
my  arrival,  been  sent  by  my  father  to  the  parties  to  whom 
they  are  respectively  addressed : 

"Fort  Lafayette,  N.  Y.,  August  1,  1861. 
"Hon.  Simon  Cameron,  Secretary  of  War,  Washington,  D.  C. : 

"  Sir :  After  the  interview  I  had  with  you  in  Fort  McIIenry,  on 
the  4th  ult.,  and  in  view  of  the  assurances  you  then  expressed, 
as  to  the  manner  in  which  I  and  the  gentlemen  with  mo,  were 
entitled  to  be  treated  during  our  confinement  by  the  Genoral 
Government,  1  cannot  refrain  from  expressing  my  surprise  at  the 
condition  in  which,  by  its  orders,  we  now  find  ourselves.  On 


656 


AMEKICAN  BASTILE. 


Monday  evening  last,  we  were  placed  on  board  the  steamei 
Joseph  Whitney,  with  a  detachment  of  soldiers ;  all  information 
as  to  our  place  of  destination  being  positively  refused,  both 
to  us  and  to  the  members  of  our  families.  Both  General  Dix 
a:,  d  Major  Morris,  however,  gave  the  most  positive  assurances 
that,  at  the  place  to  which  we  should  be  taken,  we  would  be 
made  much  more  comfortable,  and  the  limits  of  our  confine- 
ment would  be  less  restricted  than  at  Fort  McHenry.  Yester- 
day, we  were  landed  here,  and  are  kept  in  close  custody.  No 
provision  of  any  kind  had  been  made  here  for  us,  and,  last 
night,  were  shut  up,  eight  persons,  in  a  vaulted  room  or  case- 
mate, about  twenty-four  by  fourteen  feet,  having  three  small 
windows,  each  about  three  feet  by  fourteen  inches,  and  a 
close  wooden  door,  which  was  shut  and  locked  upon  us  soon 
after  nine  o'clock,  and  remained  so  until  morning.  Some  of  the 
party,  by  permission,  brought  on  our  own  bedsteads  and  bedding, 
with  which  we  had  been  compelled  to  supply  ourselves  at  Fort 
McHenry;  otherwise  we  should  have  been  compelled  to  lie  onth<& 
bare  floor,  the  officers  here  stating  to  us,  that  they  had  no  sup- 
plies whatever,  and  could  not  furnish  us  with  blankets,  even  of 
the  most  ordinary  kind.  We  are  distinctly  notified  that  the 
orders  under  which  the  commanding  officer  of  the  post  is  acting, 
require  him  to  impose  upon  us  the  following,  among  other  re- 
strictions, viz.:  we  are  allowed  to  receive  or  forward  no  letters 
from  or  to,  even  our  own  families,  unless  they  are  submitted  to 
inspection  and  perusal  by  some  military  officer;  no  friend  can 
visit  us  without  the  permission  of  Colonel  Burke,  whose  quarters 
are  not  at  this  Fort,  and  no  intimation  has  been  given  that  such 
permission  will  bo  readily  granted;  we  are  to  receive  no  news- 
papers from  any  quarter;  for  one  hour  in  the  morning,  and  one 
in  the  evening  only,  we  are  to  be  allowed  to  take  exercise  by 
walking  about  in  a  small  square,  not  larger  than  some  sixty  or 
seventy  feet  each  way,  surrounded  on  the  four  sides  by  the  mas- 
sive buildings  of  the  Fort,  three  stories  in  height.  We  were,  on 
oui  arrival  here,  required  to  surrender  all  the  money  we  had,  and 
all  writing-paper  and  envelopes,  our  baggage  being  all  searched  for 
these  and  other  articles  that  might  be  chosen  to  be  considered  as 
contraband.  It  is  unnecessary  to  give  any  further  details  to 
satisfy  you  that  our  condition,  as  to  physical  comfort,  is  no  bet- 
ter than  that  of  the  worst  felons  in  any  common  jail  in  the  coun. 


FRANK    KEY  HOWABD. 


657 


try.  Having  been  arrested,  and  already  imprisoned  for  a  month, 
without  a  charge  of  any  legal  offence  having  been,  as  yet,  pre- 
ferred against  me,  or  those  arrested  at  the  same  time  with  me,  it 
is  useless  to  make  any  further  protest  to  you  against  the  con- 
tinuance of  our  confinement.  But  we  do  insist,  as  a  matter  of 
common  right,  as  well  as  in  fulfilment  of  your  own  declarations 
to  me,  that,  if  the  Government  chooses  to  exercise  its  power,  by 
restraining  us  of  our  liberty,  it  is  bound,  in  ordinary  decency,  to 
make  such  provision  for  our  comfort  and  health,  as  gentlemen, 
against  whom,  if  charges  have  been  preferred,  they  have  not 
been  made  known,  and  all  opportunity  for  an  investigation  na» 
been  denied,  are  recognized  in  every  civilized  community  to  be 
entitled  to.  It  is  but  just  to  Colonel  Burke,  and  Lieutenant  Wood, 
who  commands  the  garrison  here,  that  I  should  add  that  both 
of  those  officers  have  professed  their  desire  to  extend  to  us  all 
comforts  that  their  instructions  will  allow,  and  the  means  at 
their  command  will  enable  them  to  do.  They  have,  however, 
each  stated  that  the  orders  under  which  they  act  are  imperative, 
and  that  their  supplies  of  even  the  most  common  articles  are,  at 
present,  very  limited.  I  have  written  this  letter  on  my  bed,  sit- 
ting on  the  floor,  upon  a  carpet-bag,  there  being  neither  table, 
chair,  stool,  nor  bench  in  the  room. 

"  I  have  the  honor  to  be  your  obedient  servant, 

Charles  Howard.^ 

"  Fort  Lafayette,  N.  Y.  Harbor,  August  7,  1861. 
"Hon.  Simon  Cameron,  Secretary  of  War, Washington,  D.  C. : 

"  Sir:  I  addressed  a  communication  yesterday  to  Colonel  Burke, 
which  he  advised  me  he  has  forwarded  to  Washington.  In  reply, 
he  has  written  a  note  to  Lieutenant  Wood,  and  instructed  him 
to  read  it  to  us.  The  substance  of  this  note  was,  that  as  some  of 
the  letters  we  had  written  to  our  families,  if  they  were  to  find 
their  way  into  the  newspapers,  'might  influence  the  public  mind/ 
the  Colonel  had  thought  it  proper  to  forward  them  all  to  the  head- 
quarters of  the  army.  He  further  stated  that  the  orders  he  had 
received  were,  to  '  treat  us  kindly,  but  keep  us  safely.'  As  tc 
the  first  part,  allow  me  to  say,  that  whatever  our  condition  may 
be,  the  minds  of  our  friends,  and  of  all  others,  who  may  feel  any 
interest  in  the  matter,  will  surely  be  less  apt  to  be  influenced 
unfavorably  toward  the  Government  by  knowing  the  truth  about 
42 


6o8 


AMERICAN  BASTILE. 


us,  than  they  will  be  by  their  finding  that  our  communications 
with  tlum  are  intercepted,  and  that  they  are  allowed  to  hcai 
nothing  whatever  as  to  how  we  are  treated.  They  will  necessa- 
rily conclude  that  our  imprisonment  is  exactly  like  thv*  of  those 
who  used  to  be  confined  in  the  Bastile,  (as  in  fact  it  is,}  who  were 
allowed  to  hold  no  communications  except  such  as  might  be 
entirely  agreeable  and  acceptable  to  their  custodians.  They  will, 
of  course,  be  kept  in  a  continual  state  of  great  anxiety  and 
uneasiness,  and  their  sympathies  will  be  constantly  excited  in 
our  behalf.  The  distress  that  will  thus  be  inflicted  upon  our 
families,  can  be  termed  nothing  less  than  cruelty.  In  the  next 
place,  it  is  hard  to  conceive  how  it  can  bo  reconciled  with  any- 
thing like  the  idea  of  'kind  treatment/  to  prohibit  our  reception 
of  all  newspapers  whatever,  or  the  unrestricted  delivery  to  us, 
without  examination,  of  all  letters  that  may  be  addressed  to  us; 
while  it  certainly  cannot  be  shown  that  such  prohibitions  are  at 
all  necessary  to  insure  our  'safe-keeping.'  The  examination  of, 
and  the  discretion  claimed  to  retain  letters  to  us  from  the  nearest 
members  of  our  families,  as  well  as  the  preventing  us  from  receiv- 
ing newspapers,  can  only  be  regarded  as  measures  of  punishment, 
adopted  toward  those  who  have  been  convicted  of  no  offence;  to 
whom  no  opportunity  has  been  afforded  for  an  investigation  of 
any  charges  that  may  possibly  have  been  preferred  against 
them;  and  for  whose  arrest,  as  our  counsel  were  assured  by 
General  Banks,  there  were  no  other  reasons  than  the  allegations 
«et  forth  by  him  in  his  proclamation;  and  the  continuance  of 
whose  confinement,  he  stated  to  be  solely  a  precautionary  meas- 
ure on  the  part  of  the  Government.  These  assurances  were 
given  by  him  at  Fort  McIIenry.  I  will  add  that,  whatever  may 
be  the  disposition  of  the  officer  commanding  the  post,  and  of 
those  in  this  garrison,  to  'treat  us  kindly,'  they  are  restricted  in 
doing  so,  within  extremely  narrow  iimits,  either  by  other  orders 
they  may  have  received,  or  by  the  means  of  extending  such  treat- 
ment not  having  been  supplied  to  them.  Wo  are  isolated  —  at  a 
distance  of  two  hundred  miles  from  our  families,  and  all  bit  a 
few  friends;  and  with  these  we  are  permitted  to  havo  no  inter- 
course. Wo  are  thrown  upon  our  own  resources  —  those  of  us 
who  may  have  means,  being  allowed  to  find,  at  our  own  cost, 
within  the  Fort,  decent,  but  very  ordinary  fare,  while  those  who 
cannot,  in  justice  to  their  families,  afford  such  expense,  bare 


FRANK    KEY  HOWARD. 


G59 


ajthing  but  the  ordinary  rations  of  the  soldier,  which  arc  of  tho 
coarsest  kind.  In  consequence  of  the  delay  in  other  depart- 
ments of  the  service,  in  complying  with  the  requisitions  which 
the  officers  hero  have  made,  we  should  at  this  moment,  though 
we  have  been  here  a  week,  have  been  without  a  chair  or  table 
but  for  the  courtesy  of  Lieutenant  Stirling,  who,  seeing  our  state 
of  utter  discomfort,  has  lent  to  us  two  chairs  from  his  own  quar- 
ters; and  that  of  the  wife  of  a  sergeant,  who  has  lent  us  a  small 
stand.  We  are  informed,  however,  that  a  supply  of  such  articles 
may  be  expected,  for  our  use,  from  the  city,  this  evening.  Finally, 
there  are  six  of  us  confined  in  one  room,  precisely  similar,  in  all 
respects,  to  that  described  in  my  letter  of  the  1st  inst.,  to  which 
I  beg  leave  to  refer  you. 

"I  have  the  honor  to  be  your  obedient  servant, 

Charles  Howard." 

"  Fort  Lafayette,  N.  Y.  Harbor,  August  8,  1861. 
*  Lieut. -Gen.  Scott,  Commander-in-Chief,  U.  S.  A., 
Headquarters,  Washington,  D.  C. : 

"Sir:  "By  a  letter  received  last  night  from  Mrs.  Howard,  1 
learn  that  in  reply  to  the  inquiries  she  made  of  }-ou,  sbc  was  in- 
formed that  I  would  be  'decently  lodged  and  subsisted  here.'  I 
wrote  to  the  Hon.  the  Secretary  of  "War,  on  the  1st  inst.,  and 
again  }^cstcrday,  advising  him  of  the  treatment  which  I  and  my 
fellow-prisoners  are  receiving.  A  perusal  of  those  letters  would 
satisfy  you  that  these  assurances  are  not  verified.  I  need  here 
only  say,  that  we  are  not  1  decently  lodged,'  nor  arc  we,  in  any 
sense  of  the  words,  'decently  subsisted'  by  the  Government. 
The  only  proffer  of  subsistence  made  to  us,  has  been  to  feed  us 
like  the  private  soldiers  of  the  garrison,  or  to  allow  us  to  procure 
other  meals  at  our  own  cost. 

14 1  have  the  honor  to  be  your  obedient  servant, 

Charles  Howard." 

"  Fort  Lafayette,  N.  Y.  narbor,  August  12,  1861. 
"Hon.  Simon  Cameron,  Secretary  of  War,  Washington,  I>.  C. : 

"Sir:  I  laid  before  you  a  statement  of  tho  condition  in  which. 
1  am  kept,  in  two  former  communications,  the  one  on  tho  1st 
inst.,  and  the  other  a  few  days  subsequently;  to  which  I  beg 
leave  to  refer    And  I  should  not  again  trouble  you,  had  I  not> 


660 


AMERICAN  BASTILE. 


s:nce  my  last,  learned  on  the  direct  authority  of  Lieutcnant- 
General  Scott,  that  an  order  had  been  given  by  the  Department 
cf  State,  that  the  political  prisoners  confined  at  Fort  Lafayette 
shall  be  'decently  lodged  and  subsisted,  unless  they  prefer  to 
provide  for  themselves.'  The  1  decent  lodging'  furnished  us,  con- 
sists in  putting  seven  gentlemen  to  sleep  in  one  room,  of  which 
I  have  before  given  you  a  description.  Within  this,  or  at  the 
door  of  it,  we  are  required  to  remain,  except  during  two  hours 
in  the  day,  or  while  taking  our  meals. 

"  The  1  decent  subsistence'  offered  us,  in  the  alternative  of  our 
declining,  or  not  having  the  means  to  provide  for  ourselves,  is 
much  inferior,  in  many  respects,  to  that  furnished  to  convicted 
felons  in  the  Baltimore  Penitentiary  and  Jail;  and  so  far  as  I  am 
informed,  in  any  well-regulated  prison  in  the  country. 

"The  officers  here  advise  us.  that  this  is  the  only  fare  which, 
under  the  instructions  given,  and  the  means  allowed  to  them  by 
the  Government,  they  can  offer.  How  far  such  treatment  is  in 
accordance  with  the  instructions  of  the  Government,  as  expressed 
by  the  Department  of  State,  with  the  assurance  given  to  mo 
personally  by  yourself,  or  with  the  promises  voluntarily  made 
by  Major-General  John  A.  Dix,  and  Major  Wm.  W.  Morris,  I 
leave  it,  sir,  for  you  to  judge. 

"I  have  the  honor  to  be  your  obedient  servant, 

Charles  Howard." 

"  Fort  Lafayette.  N.  Y.  Harbor,  August  19,  1861. 
"Hon.  Wm.  H.  Seward,  Secretary  of  State,  Washington,  D.  C. : 

"Sir:  My  family  were  informed  by  Lieutenant-General  Scott, 
under  date  of  the  3d  instant.,  that  an  order  had  been  given  <by 
the  Department  of  State,  that  the  political  prisoners  confined 
at  Fort  Lafayette  shall  be  decently  lodged  and  subsisted,  unless 
they  prefer  to  provide  for  themselves.'  About  the  same  time,  I 
was  advised  by  Lieutenant-Colonel  Burke,  commanding  this  post, 
that  his  instructions  were  1  to  treat  us  kindly,  but  keep  us  safely.' 
I  beg  leave,  sir,  to  inform  you  that  your  order  has  not  beei 
complied  with.  It  cannot  be  considered  as  'decent  lodging'  to 
put  a  number  of  gentlemen  accustomed  to  the  comforts  of  life,  to 
sleep  in  one  low  vaulted  room,  in  or  at  the  door  of  which  they 
are  confined,  except  for  two  hours  in  the  twenty-four.  The 
number  sleeping  in  tbe  room  in  which  I  am  now  placed,  hai 


FRANK    KEY  HOWARD. 


661 


varied  from  five  to  seven.  There  are  now  here,  six  of  us.  The 
only  subsistence  provided  for  us  by  the  Government,  as  the 
alternative  of  providing  for  ourselves,  has  been  the  proffer  of  the 
single  ration,  distributed  here  to  the  private  soldier,  which  is 
inferior,  both  in  quantity  and  quality,  to  the  fare  furnished  to  the 
convicted  felons  in  many  of  the  jails  and  penitentiaries  through- 
out the  country.  And  this  is  the  'decent  subsistence'  offered  to 
men  who  have  been  arrested,  and  are  held  on  suspicion  only,  and 
who  have  not  ceased  to  demand  an  open  investigation  of  any 
charge  that  may  possibly  have  been  preferred  against  them ;  a 
demand  which  has  been  persistently  denied.  I  have  no  grounds 
for  imputing  to  Colonel  Burke,  or  the  officers  of  this  garrison, 
any  intentional  disposition  to  treat  us  unkindly.  But  acting  ae 
they  state  themselves  to  be,  in  obedience  to  the  orders  which 
they  have  received,  we  are  subject  to  various  harsh  and  arbitrary 
restrictions,  which  are  utterly  irreconcilable  with  the  idea  of 
'kind  treatment,'  while  they  are  equally  unnecessary  for  the 
insuring  of  our  safe-keeping.  I  deem  it  useless,  at  present,  to  go 
more  into  details,  as  I  have  already  described  the  condition  in 
which  we  are  placed,  in  three  communications  to  the  Hon.  the 
Secretary  of  War,  on  the  1st,  7th,  and  12th  inst.,  respectively, 
and  in  one  to  Licutenant-Gcncral  Scott,  on  the  8th  inst.,  of  none 
of  which  does  any  notice  appear  to  have  been  taken.  Should 
you,  sir,  however,  desire  a  fuller  statement  than  I  havo  here 
made,  to  be  addressed  directly  to  yourself,  one  shall  be  forwarded, 
as  60on  as  I  may  be  apprised  of  your  wishes. 
"I  have  the  honor  to  be  your  obedient  servant, 

Charles  Howard." 

Kot  the  slightest  notice  was  taken  of  these  letters  by  tho 
persons  to  whom  they  were  addressed,  unless  the  few  chairs, 
and  sheets,  and  blankets,  which  were  furnished  some  time 
afterward,  were  distributed  by  special  order  from  Wash- 
ington. 

To  show  how  desirous  the  officers  of  the  Government  were, 
at  that  time,  to  keep,  even  from  the  families  of  the  prisoner*, 
all  knowledge  of  their  actual  condition,  I  am  permitted  to 
cite  this  letter  from  Mr.  Gatchell,  one  of  the  Police  Coin- 


662 


AMERICAN  BA.STILE. 


missioners  of  Baltimore.  Lieutenant  Wood  refused  to  for 
ward  it  to  its  destination.    It  was  written  in  pencil : 

u  Fort  Lafayette,  New  York. 
"My  dear  Wipe:  I  write  on  my  knee,  and  with  very  little 
light  —  but  I  cannot  help  saying  to  you,  so  that  you  may  know 
as  soon  as  possible,  that,  notwithstanding  the  assurances  given 
to  us  when  we  left  Fort  McHenry,  we  are  altogether  as  uncom- 
fortable as  it  is  possible  to  be.  The  gentleman  in  command  has 
expressed  his  desire  to  do  all  in  his  power  for  our  comfort,  but 
ho  has  not  the  means.  Don't  write  until  I  give  you  notice,  for 
at  present  we  are  cut  off  from  all  communication  with  our 
friends,  except  writing  to  them,  and  our  letters  inspected.  Love 
to  all.  Affectionately, 

Wm.  II.  Gatchell. 

"  Wednesday  Evening,  31st  July." 

Lieutenant  Wood,  who  had  expressed  his  desire  to  do  all 
in  his  power  for  the  comfort  of  the  prisoners,  sent  back  the 
above  letter,  after  the  lapse  of  two  or  three  weeks,  to  Mr. 
Gatchell.  He  informed  Mr.  Gatchell,  when  he  returned  it, 
that  it  had  been  forwarded  to  Washington  for  inspection, 
and  that  he  was  not  allowed  to  let  it  pass. 

I  had,  during  the  visit  to  New  York,  of  which  I  have 
already  spoken,  learned  how  outrageously  my  father  and  his 
companions  were  treated,  and  I  published  in  the  New  York 
"Daily  News"  a  full  statement  of  the  facts.  It  was  never 
contradicted  by  the  agents  of  the  Government,  and  was  ap- 
parently unnoticed  by  the  public.  At  that  time,  also,  I  met 
Major  Clitz,  of  the  United  States  Army,  who  was  then 
stationed  at  Fort  Hamilton,  who,  in  reply  to  some  remarks 
of  mine,  admitted  that  there  were  not  decent  accommoda- 
tions in  Fort  Latayette  for  fifteen  prisoners.  Major  Clitz 
came  over  to  Fort  Lafayette  while  I  was  myself  a  prisoner 
there,  and  I  reminded  him  of  that  conversation.  He  unhes- 
itatingly replied  that  he  was  still  of  the  same  opinion. 

Shortly  after  the  visit  just  mentioned,  the  prisoners  were 
permitted  to  receive  the  daily  papers,  and  were  allowed  the 
ase  of  liquor,  under  certain  restrictions.    The  liquors  they 


FRANK    KEY  HOWARD. 


663 


chose  to  order  were  kept  by  Lieutenant  Wood,  and  wero 
given  out,  day  by  day,  in  moderate  quantities.  The  day 
after  we  arrived,  we  sent  to  New  York  for  beds,  bedding, 
and  other  necessary  articles  of  furniture.  These  we  received 
a  few  days  afterward.  Before  our  arrival,  those  of  the  pris- 
oners who  chose  to  do  so,  had  obtained  permission  to  board 
with  the  Ordnance  Sergeant,  who  had  been  many  years  at 
the  post.  He  and  his  family  occupied  two  or  three  of  tho 
lower  casemates,  and  he  undertook  to  furnish  us  two  meala 
daily,  at  a  charge,  to  each  prisoner,  of  a  dollar  a  day.  Thia 
arrangement  most  of  our  party  adopted.  The  others  pre- 
ferred or  could  not  afford  to  do  otherwise  than  accept  tho 
Government  rations,  upon  which  the  majority  of  the  prisoners 
were  living.  These  were  of  the  coarsest  description,  and 
were  served  in  the  coarsest  style.  A  tin  plate  and  a  tin  cup 
to  each  person  constituted  the  whole  table  furniture.  Tho 
dinners  consisted  of  fat  pork  and  beans,  a  cup  of  thin  soup 
and  bread,  or  of  boiled  beef  and  potatoes  and  bread,  on  alter- 
nate days.  For  breakfast,  bread,  and  weak,  unpalatable 
coffee,  were  distributed.  This  fare  was  precisely  the  same 
as  that  furnished  to  the  soldiers.  I  more  than  once  exam- 
ined these  rations  after  they  were  served.  The  coffee  was  a 
muddy  liquid  in  which  the  taste  of  coffee  was  barely  per- 
ceptible, the  predominating  flavor  being  a  combination  of 
burnt  beans  and  foul  water.  The  soup  was,  if  possible, 
worse,  the  only  palatable  thing  about  it  being  the  few  stray 
grains  of  rice  that  could  sometimes  be  fished  out  of  each  can. 
The  pork  and  beef  were  of  the  most  indifferent  quality,  and 
were  at  times  only  half  cooked.  Over  and  over  again  have 
I  seen  gentlemen  who  had  been  always  accustomed  to  all 
the  comforts  of  life,  forced  to  turn  away  with  loathing  from 
the  miserable  food  thus  provided  for  them.  The  fare  fur- 
nished to  those  of  us  who  boarded  with  the  Sergeant  was 
very  plain,  but  good  enough  of  its  kind. 

Ou  the  8th  of  October  we  addressed  the  following  remon- 
strance to  the  President.    The  statements  which  it  contains, 


/ 


664  AMERICAN  BASTILE, 

were  purposely  made  as  moderate  and  temperate  as  was  con- 
■sistent  with  the  truth. 

u  Fort  Lafayette,  8th  October,  1861. 
"His  Excellency  the  President  of  the  United  States: 
""  "Sir:  The  undersigned,  prisoners  confined  in  Fort  Lafayette, 
are  compelled  to  address  you  this  protest  and  remonstrance 
against  the  inhumanity  of  their  confinement  and  treatment.  The 
officers  in  command  at  Fort  Hamilton  and  this  post,  being  fully 
aware  of  the  grievances  and  privations  to  which  we  are  obliged 
to  submit,  we  are  bound,  for  humanity's  sake,  to  presume  that 
they  have  no  authority  or  means  to  redress  or  remove  them. 
They,  in  fact,  assure  us  that  they  have  not.  Our  only  recourse, 
therefore,  is  to  lay  this  statement  before  you,  in  order  that  you 
may  interpose  to  prevent  our  being  any  longer  exposed  to  them. 

M  The  prisoners  at  this  post  are  confined  in  four  small  case- 
mates, and  two  large  battery-rooms.  The  former  are  about 
fourteen  feet  in  breadth  by  twenty-four  or  thereabouts  in  length, 
with  arched  ceilings  about  eight  and  a  half  feet  high  at  the 
highest  point,  the  spring  of  the  arch  commencing  at  about  five 
feet  from  the  floor.  In  each  of  these  is  a  fireplace,  and  the 
floors  are  of  plank.  The  battery-rooms  are  of  considerably  higher 
pitch,  and  the  floors  are  of  brick,  and  a  large  space  is  occupied 
in  them  by  the  heavy  guns  and  gun-carriages  of  the  batteries. 
They  have  no  fireplaces  or  means  of  protection  from  cold  or 
moisture,  and  the  doors  are  large,  like  those  of  a  carriage-house, 
rendering  the  admission  of  light  impossible  without  entire  ex- 
posure to  the  temperature  and  weather  without.  In  one  of  the 
small  casemates,  twenty-three  prisoners  are  confined,  two-thirds 
of  them  in  irons,  without  beds,  bedding,  or  any  of  the  commonest 
necessaries.  Their  condition  could  hardly  be  worse,  if  they  were 
in  a  slave-ship,  on  the  middle  passage.  In  each  of  two,  out  of  tho 
three  other  casemates,  ten  gentlemen  are  imprisoned;  in  the 
third  there  are  nine,  and  a  tenth  is  allotted  to  it;  their  beds  and 
necessary  luggage  leaving  them  scarce  space  to  move,  and  render- 
ing the  commonest  personal  cleanliness  almost  an  impossibility. 
The  doors  are  all  fastened  from  six  or  thereabouts  in  tho  even- 
ing, until  the  same  hour  in  the  morning;  and  with  all  the  windows 
( which  are  small)  left  open  in  all  weathers,  it  is  hardly  possible 
to  sleep  in  the  foul,  unwholesome  air.    Into  one  of  tho  larger 


FRANK    KEY  HOWARD. 


665 


battery-rooms,  there  are  thirty-four  prisoners  closely  crowded; 
into  the  other,  thirty-five.  All  the  doors  are  closed  for  the  same 
period  as  stated  above,  and  the  only  ventilation  is  then  from  the 
embrasures,  and  so  imperfect  that  the  atmosphere  is  oppressive 
and  almost  stifling.  Even  during  the  day,  three  of  the  doors  of 
ore  of  these  apartments  are  kept  closed,  against  the  remon- 
strances of  the  medical  men  who  are  among  the  inmates,  and 
to  the  utter  exclusion  of  wholesome  and  necessary  light  and 
air.  In  damp  weather,  all  these  unhealthy  annoyances  and 
painful  discomforts  are  of  course  greatly  augmented,  and  when, 
as  to-day,  the  prisoners  are  compelled  by  rain  to  continue  within 
doors,  their  situation  becomes  almost  intolerable.  The  under- 
signed do  not  hesitate  to  say,  that  no  intelligent  inspector  of 
prisons  can  fail  to  pronounce  their  accommodations  as  wretchedly 
deficient,  and  altogether  incompatible  with  health;  and  it  is  obvi- 
ous, as  we  already  feel,  that  the  growing  inclemencies  of  the 
season  which  is  upon  us,  must  make  our  condition  more  and 
more  nearly  unendurable.  Many  of  the  prisoners  are  men  ad- 
vanced in  life ;  many  more  are  of  infirm  health  or  delicate  con- 
stitutions. The  greater  portion  of  them  have  been  accustomed 
to  the  reasonable  comforts  of  life,  none  of  which  are  accessible 
to  them  here,  and  their  liability  to  illness,  is,  of  course,  propor- 
tionately greater  on  that  account.  Many  have  already  suffered 
seriously,  from  indisposition  augmented  by  the  restrictions  im- 
posed upon  them.  A  contagious  cutaneous  disease  is  now  spread- 
ing in  one  of  the  larger  apartments,  and  the  physicians  who  are 
among  us  are  positive  that  some  serious  general  disorder  must 
be  the  inevitable  result,  if  our  situation  remains  unimproved. 
The  use  of  any  but  salt  water,  except  for  drinking,  has  been,  for 
some  time,  altogether  denied  to  us.  The  cistern  water,  itself, 
for  some  days  past,  has  been  filled  with  dirt  and  animalcules, 
and  the  supply,  even  of  that,  has  been  so  low,  that  yesterday  we 
were  almost  wholly  without  drinking-water.  A  few  of  us,  who 
have  the  means  to  purchase  some  trifling  necessaries,  ha7e  been 
able  to  relieve  ourselves  from  this  latter  privation,  to  si  mo  ex- 
tent, by  procuring  an  occasional,  though  greatly  inadequate, 
supply  of  fresh  water  from  the  Long  Island  side. 

It  only  remains  to  add,  that  the  fare  is  of  tho  commonest  and 
coarsest  fnldiers'  rations,  almost  invariably  ill-prepared  and  ill- 
cooked.    Somo  of  us,  who  are  better  able  than  tho'rest,  are  per. 


/ 


666  AMERICAN  BASTILE. 

mitted  to  take  our  meals  at  a  private  mess,  supplied  by  the  wife 
of  the  Ordnance  Sergeant,  for  which  we  pay,  at  the  rate  of  a 
dollar  per  day,  from  our  own  funds.  Those  who  arc  less  fortu- 
nate, are  compelled  to  submit  to  a  diet  so  bad  and  unusual  as  to 
be  seriously  prejudicial  to  their  health. 

"The  undersigned  have  entered  into  these  partial  details,  be- 
cause they  cannot  believe  that  it  is  the  purpose  of  the  Govern- 
ment to  destroy  their  health  or  sacrifice  their  lives,  by  visiting 
them  with  such  cruel  hardships;  and  they  will  hope,  unless  forcea 
to  a  contrary  conclusion,  that  it  can  only  be  necessary  to  present 
the  facts  to  you,  plainly,  in  order  to  secure  the  necessary  relief. 
We  desire  to  say  nothing,  here,  in  regard  to  the  justice  or  injus- 
tice of  our  imprisonment,  but  wo  respectfully  insist  upon  our  right 
to  be  treated  with  decency  and  common  humanity,  so  long  as 
the  Government  sees  fit  to  confine  us. 

"Commending  the  matter  to  your  earliest  consideration  and 
prompt  interference,  wo  are  your  obedient  servants, 


II.  May, 

Chas.  Howard, 

E.  C.  Lowber, 

Geo.  Wm.  Brown, 

Wm.  G.  Harrison, 

Wm.  11.  Gatciiell, 

Robt.  Mure, 

C.  S.  Moreiiead, 

J  no.  Williams, 

Jas.  A.  McMaster, 

Robt.  M.  Denison, 

Ciias.  H.  Pitts, 

Saml.  II.  Lyon, 

R.  II.  Alvey, 

L.  Sangston, 

S.  T.  Wallis, 

G.  0.  Van  Amringe, 

Austin  E.  Smith, 

Hilary  Cenas, 

F.  K.  Howard, 

W.  R,  Butt, 

J.  T.  McFeat, 

B.  P.  Loyall, 

J.  K.  MlLLNER, 

W.  H.  Ward, 

B.  Mills,  M.D., 

T.  Parkin  Scott, 

Andrew  Lynch,  M.D., 

P.  P.  Raisin, 

n.  R.  Stevens, 

J  no.  C.  Braine, 

J.  W.  Robarts, 

J.  11.  Gordon, 

R.  R.  Walker, 

C.  J.  Durant, 

Ciias.  M.  Hagelin, 

M.  W.  Barr, 

Bethel  Burton, 

R.  T.  Durrett, 

S.  J.  Anderson, 

J.  Hanson  Thomas, 

Rich.  S.  Freeman, 

C.  J.  Faulkner, 

Q.  P.  Pressay, 

FRANK    KEY  HOWARD, 


667 


L.  G.  QUINLAN,  E.  S.  RUGGLES, 

W.  E.  Kearney,  Jas.  E.  MuuriiRY, 

G.  A.  Shackleford,  Henry  M.  Warfield, 
Jno.  H.  Cusick,  Geo.  P.  Kane, 

Jos.  W.  Griffith,  Chas.  Macgill,  M.  D., 

Robt.  Drane,  Geo.  W.  Barnard, 

Jno.  W.  Davis,  F.  M.  Crow, 

T.  S.  Wilson,  H.  G.  Thurber, 

Robt.  Tansill,  E.  G.  Kilbourne, 

A.  D.  Wharton,  T.  H.  Wooldridge, 

Saml.  Eakins,  L.  S.  Hobsclaw, 

J.  B.  Barbour,  Algernon  S.  Sullivan, 

Edw.  Payne,  Jas.  CnAPiN, 

A.  Dawson,  E.  B.  Wilder, 

Jno.  M.  Brewer,  A.  McDowell, 

Ellis  B.  Schnabel,  Wm.  Grubbs, 

H.  B.  Claiborne,  Chas.  Kopperl, 

F.  Wyatt,  Thos.  W.  Hall,  Jr." 

On  the  10th  of  October,  the  following  note  was  sent  to 
Lieutenant  Wood,  who  ordered  it  to  be  read  to  the  prisoners : 

"  Fort  Hamilton,  New  York,  October  10,  1861. 
"Sir:  I  am  directed  by  Colonel  Burke  to  say  to  you,  that  you 
can  inform  the  prisoners,  that  their  petition  has  been  forwarded, 
through  Colonel  Townsend,  to  the  President  United  States. 
"Very  respectfully,  your  obedient  servant, 

J.  C.  Lay, 
"First  Lieutenant  12th  Infantry. 

"P.  S.  —  Colonel  presumed  that  boat  has  brought  you  a  supply 
of  water." 

Of  the  gentlemen  who  signed  the  above  remonstrance, 
which  Colonel  Burke  thought  proper  to  term  a  "  petition," 
many  were  members  of  the  Maryland  Legislature;  a  large 
number  were,  up  to  the  time  of  their  incarceration,  officers 
of  the  Navy;  and  others  were  men  of  high  social  or  political 
position  in  their  respective  States.  No  reply  was  ever  receivo<? 
fioin  Washington. 


AMERICAN  BASTILE. 


The  rules  to  which  we  were  expected  to  conform,  were  posted 
on  the  wails  ol  the  different  batteries  and  casemates.  They 
read  as  follows : 

'  Regulations  for  the  Guidance  of  Citizen  Prisonen  ::nfined  at  this 

Post. 

"1st.  The  rooms  of  the  prisoners  will  be  ready  for  inspection 
at  9  o'clock  a.m.  All  cleaning,  etc.,  will  be  done  by  the  prisoners 
themselves,  unless  otherwise  directed.  All  washing  will  be  done 
in  the  yard. 

44  2d.  No  conversation  will  be  allowed  with  any  member  of  this 
garrison,  and  all  communication  in  regard  to  their  wants  will  be 
made  to  the  Sergeant  of  the  Guard. 

44  3d.  No  prisoner  will  leave  his  room  without  the  permission 
of  the  Sergeant  of  the  Guard  

"4  th.  Prisoners  will  avoid  all  conversations  on  the  political 
affairs  of  this  country,  within  the  hearing  of  any  member  of  this 
garrison. 

14  5th.  Light  will  be  allowed  in  the  prisoners'  rooms  until 
0.15  r.M.  After  this  hour,  all  talking,  or  noise  of  any  kind,  will 
cease. 

"Gth.  The  prisoners  will  obey  implicitly  the  directions  of  any 
member  of  the  guard. 
"  Cases  of  sickness  will  be  reported  at  7  a.m. 
"8th.  Anv  transgressions  of  the  forc£oin:r  rules  will  bo  cor- 
rccted  by  solitary  imprisonment,  or  such  other  restrictions  as 
may  be  required  to  the  strict  enforcement  thereof. 

(Signed)  Charles  O.  Wood, 

Second  Lieutenant,  9th  Infantry,  Commanding  Post 
44  Fort  Lafayette,  New  York  Harbor,  August  3,  1861." 

Shortly  after  we  arrived  at  Fort  Lafayette,  the  following 
additional  order  was  issued  : 

44  No  prisoners  will  be  allowed  to  recognize  or  have  any 
communication  with  any  persons  visiting  this  Fcrt,  excepting 
when  the  visitor  brings  an  order  from  the  proper  authority,  per- 
mitting an  interview,  which  interview  will  be  held  in  tho  pro- 
icncc  of  an  officer,  and  not  to  exceed  one  hour;  the  convoca- 
tion during  the  interview  will  be  carried  on  in  a  touo  of  voic€ 


FRANK    KKY    HOWARD.  609 

load  eno'i^h  to  ho  distinctly  hoard  hy  tho  officer  in  whoso  pro- 
sonco  the  intcrviow  is  licld." 

These  rules  were,  with  a  single  exception,  strictly  enforced. 
Those  of  us  whose  quarters  were  contiguous,  were  Buffered 
to  pass  backward  and  forward,  at  will,  provided  we  did  not 
step  off  the  pavement,  which  ran  around  the  enclosure.  But 
wo  could  not  visit  the  quarter!  of  those  who  wore  on  the 
Opposite  side  of  the  Fort,  without  permission  of  the  Sergeant 
of  the  Guard.  We  were  only  allowed  to  walk  for  one  hour 
in  the  morning,  and  one  hour  in  the  afternoon,  upon  the  lit- 
tle patch  of  ground  within  the  Fort.  Why  the  privilege  of 
walking  there,  at  all  times,  was  denied  us,  it  is  hard  to  con- 
jecture.  The  space  inside  was  so  small,  that,  when  we  took 
our  afternoon's  exercise,  it  was  literally  crowded.  The  walls 
surrounding  it  were  three  stories  high,  and  there  was  hut 
one  point  at  which  egress  was  possible,  and  that  was  just  at 
the  guard-house,  where  the  guard  was  always  on  duty.  It 
was  but  a  wanton  and  senseless  restriction  to  confine  us  to 
the  pavement  in  front  of  our  quarters.  At  first,  the  prison- 
ers had  to  clean  their  own  rooms,  and  to  perform  all  other 
similar  menial  offices.  Afterward,  they  were  allowed,  for  an 
hour  or  two  in  tho  morning,  to  employ  one  of  the  soldiers, 
who,  being  unable  to  speak  or  understand  tho  Knglish  lan- 
guage, maybe  presumed  to  have  been  unfit  for  military  duty, 
as  lie  certainly  was  for  any  other. 

The  most  private  communications  regarding  domestic  af- 
fairs or  business  having  to  bo  subjected  to  the  criticism  of 
Lieutenant  Wood,  we  preferred  to  be  silent  concerning  such 
matters,  be  the  consequences  what  they  might.    Such  were 

the  regulations  to  which  the  Government,  or  its  agents, 

thought,  proper  to  Subject  its  victims. 

Our  complaints  of  the  manner  in  which  we  were  treated, 
had  been  persistent  and  decided ;  and  from  time  to  time, 
released  prisoners  made;  them  known  to  the  public  through 
the  columns  of  various  newspapers.  One  of  these  statements 
appeared  in  the  New  York  "Herald,"  of  October  24.  It 


/ 


670  AMERICAN  BASTILE. 

did  not  contain  a  line  that  was  not  strictly  true.  On  the 
2Gth,  the  following  letters  were  published  in  the  same  jour- 
nal, I  presume,  by  Colonel  Burke's  directions.  The  first  was 
addressed  to  the  United  States  Marshal  in  New  York.  It 
was  dated,  the  "  Herald  "  said,  on  the  9th  of  October,  1861. 

"Sir:  I  have  the  honor  to  enclose  herewith  a  list  of  articles 
necessary  for  the  state  prisoners  confined  at  this  post,  which  you 
will  please  send  me  at  your  earliest  convenience. 

"The  water  being  almost  entirely  out,  you  will  please  send  me 
a  water-boat,  with  a  supply  of  water  to  fill  two  cisterns,  which 
will  last  until  we  have  rain  enough  to  obviate  the  difficulty.  You 
cannot  comply  too  soon,  as  it  is  an  immediate  necessity. 

"List  of  articles  necessary  for  the  comfort  of  prisoners:  100 
blankets,  200  sheets,  200  pillow-cases,  50  single  mattresses,  50 
pillows,  50  iron  bedsteads,  50  arm-chairs,  20  small  tables,  50  wash- 
stands,  25  washbowls  and  pitchers,  10  small  oval  stoves  and  pipe, 
50  wooden  buckets,  100  tin  cups,  250  yards  of  rope  carpet  for 
laying  on  brick  floors.  I  take  this  opportunity  to  inform  you 
that  the  ship's  galley  and  other  articles  furnished  by  you,  are 
very  satisfactory,  and  answer  the  purpose  for  which  they  were 
required. 

"  I  am,  very  respectfully,  your  obedient  servant, 

Charles  O.  Wood, 
Second  Lieutenant  Infantry,  commanding  Post. 

"  Approved  :  Martin  Burke,  Lieutenant-Colonel,  commanding 
Ports  Hamilton  and  Lafayette." 

"  IIeadquarters,  Fort  Hamilton,  October  24,  1861. 
"Robert  Murray,  Esq.,  United  States  Marshal,  New  York: 

"My  attention  was  drawn  to  a  statement  in  the  'Herald'  of 
this  morning,  from  a  prisoner  lately  released  from  Fort  Lafay- 
ette. Now,  1  wish  to  call  your  attention  to  the  same  articlo, 
and  submit  its  further  consideration  to  your  judgment. 

"You  and  I  both  know  how  hard  the  Government  has  striven 
to  make  these  prisoners  comfortable,  and  if,  in  the  whirlpool  of 
business,  they  have  been  apparently  neglected,  we  <;an  botn  tes- 
tify as  to  the  present  ample  preparations  which  are  being  made, 


FRANK    KEY  HOWARD. 


671 


not  only  to  render  them  comfortable,  but  even  to  put  it  beyond 
the  complaint  of  some  who  would  be  unreasonable. 

"In  regard  to  myself,  I  can  simply  say  that  I  have,  to  the  ut- 
most  of  my  ability,  tried  to  do  my  duty,  alike  to  the  Government 
and  the  prisoners. 

"Lieutenant  Wood  is  unceasing  in  his  care  and  watchfulness, 
and,  as  you  well  know,  ready,  at  any  time,  to  do  all  he  can  for 
the  comfort  of  those  under  his  charge. 

"  With  regard  to  improper  and  false  communications  from 
released  prisoners,  if  such  there  are,  it  is  a  question  for  the 
Honorable  Secretary  of  State  to  decide  how  far  such  com- 
munications invalidate  the  parole  of  the  person  or  persona 
making  them. 

"  Very  respectfully,  your  obedient  servant, 

Martin  Burke, 
Lieutenant-Colonel  Commanding." 

It  will  be  observed  that  Lieutenant  Wood's  requisition 
was  only  made  the  day  after  the  date  of  the  "  remonstrance  " 
which  we  had  sent  to  Mr.  Lincoln.  "Whether  it  would  have 
been  made  at  all  but  for  that  remonstrance,  may  well  be 
doubted.  "We  had  been  over  two  weeks  in  Fort  Lafayette 
before  Lieutenant  Wood  thought  proper  to  give  any  such 
evidence  of  that  "  care  and  watchfulness "  which  Colonel 
Burke  attributed  to  him.  "  How  hard  the  Government  had 
striven  "  to  make  the  prisoners  comfortable  may  be  judged 
by  the  foregoing  narrative,  and  from  the  fact  that  the  articles, 
for  which  Lieutenant  Wood  called  on  Marshal  Murray,  only 
reached  the  Fort  some  time  about  the  date  of  Colonel  Burke's 
letter,  and  we  had  then  been  imprisoned  there  nearly  a  month. 
That  Colonel  Burke  made  any  special  efforts  to  do  his  duty 
to  the  prisoners  is  utterly  untrue.  lie  paid  a  visit  to  the 
Fort  about  the  5th  of  August,  and  did  not  appear  there  again 
until  about  the  26th  of  October,  and,  but  for  facts  which  I 
shall  subsequently  mention,  it  is  not  likely  that  he  would 
have  paid  the  latter  visit  at  all.  Had  he  chosen  to  inspect 
our  quarters  more  frequently,  or  give  us  opportunities  of 
preferring  our  complaints,  he  might,  had  he  so  pleased,  have 


672  AMERICAN  BASTILE. 

mitigated,  in  very  many  respects,  the  rigors  of  our  imprison- 
ment.  I  may  add  that  no  "  communications  from  released 
prisoners,"  that  I  ever  saw,  were,  in  any  particular,  untrue 
or  exaggerated,  and  the  promptitude  with  which  Colonel 
Burke  threw  out  his  sinister  suggestion  to  the  Marshal 
shows  how  anxious  he  was  for  the  suppression  of  all  such 
information. 

Our  correspondence  was  subjected  to  the  strictest  scrutiny, 
and  letters  written  by  the  prisoners  were  frequently  returned 
to  them,  and  generally  because  they  contained  facts  which 
the  Government  did  not  desire  should  become  known,  or  re- 
flections on  the  Government  itself.  On  one  occasion,  Lieu- 
tenant Wood  returned  to  me  a  letter  which  I  had  written  to 
my  wife.  Xo  reason  was  assigned  for  this ;  but  I  was  forced 
to  the  conclusion  that  it  was  sent  back  because  Lieutenant 
Wood  chose  to  consider  it  too  long.  It  was  a  small  sheet  of 
note-paper.  There  was  nothing  in  the  contents  to  which  he 
could  object,  and  as  two  letters,  of  the  same  length  as  mine, 
were  returned  to  the  writers  that  morning,  with  a  message 
from  Lieutenant  Wood  that  they  were  too  long,  I  inferred 
that  mine  was  sent  back  for  a  similar  cause.  To  such  annoy- 
ances we  were  continually  subjected.  At  times  our  condition 
became  so  unendurable,  that,  finding  our  complaints  unheeded, 
we  expressed  our  sense  of  the  indignities  put  upon  us,  in  per- 
fectly plain  language.  On  one  occasion,  when  outraged  by 
some  fresh  act  of  harshness  or  impertinence,  I  wrote  a  letter 
to  a  friend,  in  which,  after  describing  our  situation,  T  used 
this  language : 

"To  have  imprisoned  men  solely  on  account  of  their  political 
opinions,  is  enough  to  bring  eternal  infamy  on  every  individual 
connected  with  the  Administration;  but  the  manner  in  which 
we  have  been  treated  since  our  confinement,  is,  if  possible,  even 
more  disgraceful  to  them.  I  should  have  supposed  that,  if  the 
Government  chose  to  confine  citizens  because  their  sentiments 
were  distasteful  to  it,  it  would  have  contented  itself  with  keep- 
ing them  in  custody,  but  would  have  put  them  in  tolerably  com- 
fortable quarters  If  I  had  been  told,  twelve  monthf 


FHANK    KEY  HOWARD. 


G73 


ago,  that  the  American  people  would  ever  Lave  permitted  their 
rulers,  under  any  pretence  whatever,  to  establish  such  a  despot- 
ism as  I  have  lived  to  witness,  I  should  have  indignantly  denied 
the  assertion ;  and  if  I  had  been  then  told  that  officers  of  the 
Army  would  ever  consent  to  be  the  instruments  to  carry  out  the 
behests  of  a  vulgar  dictator,  I  should  have  predicted  that  they 
would  rather  have  stripped  their  epaulets  from  their  shoulders. 
But  we  live  to  learn;  and  I  have  learned  much  in  the  past  few 
months." 

This  letter  was  returned  to  me  the  next  morning,  and  on 
the  following  day  one  of  the  sergeants  handed  me  a  letter 
addressed  by  Colonel  Burke  to  Lieutenant  "Wood,  which  ho 
said  the  latter  had  ordered  him  to  read  to  me  particularly, 
and  to  the  other  prisoners.  I  was  unable  to  procure  a  copy 
of  this  letter,  but  remember  the  tenor  of  it.  Colonel  Burke 
expressed  his  surprise  that  I  should  have  attempted  to  make 
him  and  Lieutenant  Wood  the  medium  through  which  to 
cast  reflections  on  their  superior  officers.  He  was  also  pleased 
to  say  that  as  my  family  had  always  borne  a  gentlemanly 
character  in  Maryland,  he  had  not  expected  that  I  would  be 
guilty  of  conduct  "  so  indelicate,  to  use  no  stronger  terms." 
He  concluded  by  insisting  that  the  Government  had  been 
and  would  be  unremitting  in  its  exertions  to  make  us  com- 
fortable 

I  immediately  sent  him  this  note : 

"Fort  Lafayette,  October  23. 

"Lieutenant-Colonel  Burke: 

"Sir:  Lieutenant  Wood  has  communicated  to  me  the  con- 
tents of  your  note  to  him  of  this  date.  Permit  me  to  say,  in 
reply  to  your  allusions  to  the  course  I  have  thought  proper  to 
pursue,  that  you  mistake  me  much  if  you  suppose  (as  you  seem 
to  do)  that  a  mere  desire  to  embarrass  or  annoy  you,  or  the  of 
fieers  under  you,  has  prompted  me  to  write  the  letters  which 
have  been  returned  to  me.  The  fact  that  little  or  nothing  has 
been  done  to  make  me  or  my  fellow-prisoners  decently  comfort- 
able, is  self-evident  to  any  one  who  chooses  to  nispeet  our  quar- 
ters, and  it  was  on  that  account  that  I  chose  to  speak  in  terms 
43 


C74 


AMERICAN  BASTILE. 


of  indignant  denunciation  of  those  who  are  respond ble  for  the 
privations  I  suffer.  If  I  made,  or  sought  to  make,  the  officers 
of  the  garrison  the  'instruments'  to  convey  my  complaints,  it 
was  because  I  am  denied  any  other  alternative.  The  invidious 
pllusions  which  you  have  deemed  it  necessary  to  make  in  regard 
f»o  me,  I  need  not,  and  do  not  propose,  now,  to  discuss.  But  you 
will  permit  me  to  remind  you  that  if  you  have  duties  to  dis- 
charge, I  have  rights  to  vindicate.  The  only  one  of  these  which 
has  not  been  absol  itely  destroyed,  is  the  right  of  free  speech 
within  the  narrow  bounds  of  my  prison,  and  this  it  is  my  duty 
and  purpose  to  defend  to  the  last.  In  the  exercise  of  this  poor 
privilege,  I  wrote  the  letters  which  1  knew  were  to  pass  into  your 
hands.  As  you  have  forwarded  to  the  Adjutant-General  the  cor- 
respondence between  Lieutenant  "Wood  and  yourself,  I  beg  that 
you  will  do  me  the  justice  to  forward  also  this  note.  I  remain, 
Your  obedient  servant, 

F.  K.  Howard." 

To  the  foregoing  note,  he  wrote  this  reply : 

"Headquarters,  Fort  Hamilton, 
New  York  Harbor,  24th  October,  1861. 

"Sir:  Please  say  to  Mr.  Howard,  that  I  cheerfully  forward 
his  note  of  the  23d  instant,  to  Colonel  Townsend,  agreeably  to 
his  request. 

"However  much  the  efforts  of  this  Government  have  fallen 
short  of  the  expectations  of  the  prisoners,  to  make  them  as  com- 
fortable as  they  may  desire,  still  I  must  say  that  every  exertion 
is  being  made  by  the  Government  for  that  purpose,  and  such 
exertions  will  certainly  be  continued. 

"  Very  respectfully,  your  obedient  servant, 

Martin  Burke, 
Colonel  Commanding. 
"  Lieutenant  Wood,  Commanding  Fort  Lafayette." 

My  father,  to  whom  Colonel  Burke's  letter  had  been  read, 
frrote  to  the  Secretary  of  War,  denying  Colonel  Burke'i 
allegations,  and  charging  him  with  neglect  of  duty  i 


FRANK    KEY  HOWARD. 


675 


"Fort  Lafayette,  October  23,  18G1. 

*•  H.on.  Simon  Cameron,  Secretary  of  War,  Washington,  D.  C. 

"  Sir :  The  orderly  sergeant  has  this  morning,  by  order  of  the 
commanding  officer  of  this  post,  read  to  me,  in  presence  of  ;i 
number  of  persons,  a  letter  from  Colonel  Martin  Burke  to  Lieu- 
tenant C.  O.  Wood,  written  in  reply  to  a  communication  h  orn 
the  Lieutenant  to  him.  Copies  of  both  of  these  letters,  Colonel 
Burke  states,  he  has  forwarded  to  Washington.  I  have  asked 
for  a  copy  of  the  Colonel's  letter,  but  have  not  learned  whether 
it  will  be  given.  In  that  letter,  which  is  evidently  intended  as 
a  rebuke  to  some  of  those  confined  here,  Colonel  Burke  has 
undertaken  to  allude  to  the  character  and  standing  which  my 
family  have  borne,  for  the  purpose  of  introducing  an  offensive 
imputation,  that  one  member  of  it  has  acted  in  a  manner  unbo 
coming  a  gentleman.  This  charge,  I  claim  the  right  distinctly 
and  directly  to  repudiate,  and  I  have  also  to  demand  that  an 
inquiry  be  made  under  your  authority  into  the  conduct  of  Colo- 
nel Burke  and  Lieutenant  Wood,  in  relation  to  their  treatment 
of  those  confined  at  this  place.  I  now  formally  charge  Colonel 
Burke  with  conduct  unbecoming  an  officer,  and  also  with  neglect 
of  duty.  He  has  not,  so  far  as  any  prisoner  here  is  aware,  been 
within  this  Fort  since  on  or  about  the  5th  day  of  August  last; 
and  in  undertaking  to  judge  of  Lieutenant  Wood's  manner  of 
discharging  his  duty  toward  the  prisoners  under  his  charge,  he 
must  have  acted  upon  the  statements  of  that  officer  himself. 
The  surgeon  of  the  post,  and  one  other  officer  from  Fort  Hamil- 
ton, have  occasionally  exchanged  a  few  words  with  some  of  the 
prisoners,  but  whenever  any  of  the  latter  have  attempted  to 
make  any  representations  to  them  of  our  condition  and  treat 
ment,  both  of  those  officers  have  declared  that  those  matters  are 
not  in  any  manner  within  the  sphere  of  their  duties.  There 
has,  therefore,  been  no  inspection  of  this  prison,  in  which  up 
wards  of  one  hundred  prisoners  are  confined,  which  would  enable 
Colonel  Burke  to  judge  of  the  accuracy  of  the  reports  which  he 
may  have  received.  In  the  absence  of  all  such  means  of  know- 
ledge or  information,  Colonel  Burke  has  stated,  in  an  official  let- 
ter, that  Lieutenant  Wood,  an  officer  under  his  command,  has 
4 devoted  his  whole  time  to  promoting  the  comfort  of  prisoners' 
here,  or  words  to  that  effec  t.    This  statement  I  charge  to  to 


<>7G  AMERICAN    B  AS  TILE. 

Dot  warranted  by  the  facts,  and  to  be  entirely  incorrect.  I  charge 
and  aver,  that  Lieutenant  Wood  has  not  only  not  devoted  all,  or 
even  much  of  his  time,  to  the  promoting  of  our  comfort,  but  that 
on  the  contrary,  he  has  neither  in  his  general  bearing,  nor  in  his 
conduct  toward  those  consigned  to  his  custody,  paid  that  atten 
tion  to  their  comfort,  which  even  under  the  circumstances  which 
the  Government  deemed  sufficient  to  warrant  their  imprisonment, 
the}'  have  a  right  to  demand.  The  immediate  cause  of  the  re- 
buke attempted  to  be  administered  to  us  by  Colonel  Burke,  was 
a  letter  written  to  a  friend  by  Mr.  F.  K.  Howard,  my  son.  How- 
ever strong  may  have  been  the  language  used  in  that  letter,  it 
was  the  natural  expression  of  feelings  which  are  shared  by  every 
prisoner  here,  whose  opinion  I  have  heard.  Among  these  are 
many  gentlemen  of  as  high  character  and  standing  as  any  in  the 
country.  Xo  intimation  has  been  given  by  Colonel  Burke,  that 
any  specific  fact  stated  in  the  letter  was  not  true.  Should  he 
controvert  a  single  one,  my  relations  to  the  writer  of  the  letter, 
and  the  mention  made  by  Colonel  Burke  in  his  official  communi- 
cation, of  my  family,  to  say  nothing  of  the  assurances  voluntarily 
tendered  to  me  by  you  in  Fort  McHenry,  as  to  the  mode  in 
which  the  Government  considered  me  as  entitled  to  be  treated, 
justify  me  in  demanding  an  opportunity  to  substantiate  it.  Having 
already  addressed  to  you  three  communications,  from  this  place, 
of  which  no  notice  appears  to  have  been  taken,  I  should  not 
again  have  troubled  you,  but  that  the  issue  I  have  now  to  make 
with  Colonel  Burke,  involves  matters  of  a  personal  character  to 
myself,  and  that  I  make  direct  charges  against  him  and  Lieu- 
tenant "Wood,  derogatory  to  their  official  positions,  as  officers  of 
the  army. 

u  I  hope,  therefore,  I  may  not  be  mistaken,  in  trusting  that 
this  communication  may  receive  your  early  and  serious  at- 
tention. 

"  T  am  sir,  your  obedient  servant, 

Charles  Howard." 

As  usual,  this  letter  was  unnoticed  by  the  authorities  in 

Washington. 

In  the  miserable  place  which  I  have  attempted  to  de- 
scribe, we  passed  the  period  between  September  26th  and 
October  30tn.    The  batteries  were  very  dark  when  the  doors 


FRANK    KEY  HOWARD. 


677 


were  closed,  and  very  cold  when  the  doors  were  open.  We 
were  locked  up  every  night  from  dusk  until  sunrise  ;  and 
lights  had  to  be  put  out  at  nine  and  a  half  o'clock.  In  Buch 
a  crowded  place  it  was  almost  impossible  to  read  or  write. 
We  found  it  difficult  sometimes  to  keep  ourselves  warm 
enough  even  with  the  aid  of  overcoats.  At  times  agaiu,  the 
atmosphere  of  the  room  would  be  positively  stifling.  Some 
one  or  more  of  the  inmates  were  constantly  under  medical 
treatment,  and  it  may  be  imagined  how  noisome  and  un 
healthy  the  room  often  was.  As  prisoners  were,  from  time  to 
time,  discharged  from  the  casemates,  the  remaining  inmates 
would  invite  one  or  more  of  those  in  the  gun-batteries  to  fill 
the  vacancies,  permission  to  do  so  being  first  asked  of  the 
Sergeant  of  the  Guard.  These  invitations  were  given,  not 
because  the  casemates  were  less  crowded  than  the  batteries, 
but  because  the  first  stranger  who  should  be  brought  in, 
would  certainly  be  put  in  the  place  of  the  prisoner  who  hud 
been  last  discharged,  and,  as  the  casemates  were  to  be  kept 
filled  to  their  utmost  capacity,  those  occupying  them  pre- 
ferred to  have  their  friends  and  acquaintances  for  their  com- 
r.  anions.  Small  and  crowded  as  the  casemates  were,  they 
vere,  nevertheless,  a  little  more  comfortable  than  the  bat- 
teries, from  having  fireplaces  and  wooden  floors.  I  was 
/:  >rtunate  enough  to  get  into  one  of  these  casemates  after  [ 
had  been  some  two  weeks  in  the  Fort. 

About  ten  days  before  we  left  Fort  Lafayette,  Lieutenant 
Wood  chose  to  make  the  prisoners  responsible  for  the  drunk- 
enness of  one  of  the  soldiers,  and  prohibited  the  further  use 
jf  liquor,  of  any  kind,  among,  the  prisoners.  It  was  dis- 
covered, a  few  days  afterward,  that  some  of  the  soldiers  had 
stolen  some  of  our  liquor  from  the  room  in  which  Lieutenant 
Wood  kept  it,  and  to  which  the  prisoners  had  no  access.  It 
was  also  discovered  that  the  soldiers  got  liquor  from  the 
Long  Island  side,  ^ne  of  the  crew  of  the  boat  having  been 
detected  in  smuggling  it  into  the  Fort  for  their  use.  These 
facts  sufficiently  account  for  the  drunkenness  of  the  soldiers, 
but  Lieutenant  Wood  did  not,  on  that  account,  relax  hia 


078 


AMERICAN  BASTILE. 


new  rule.  While  we  were  allowed  the  use  of  liquor,  no 
abuse  of  the  privilege  came  under  my  observation,  nor  do  1 
believe  there  was  any.  Just  before  the  new  restriction  was 
imposed  on  us,  I  had  received  from  Xew  York  two  small 
boxes  of  liquor  containing  a  dozen  and  a  half  bottles,  which 
passed,  as  usual,  into  Lieutenant  Wood's  keeping.  The 
prohibition  which  followed,  prevented  my  using  any  of  it, 
and,  when  we  were  about  leaving,  I  requested  Lieutenant 
Wood,  through  one  of  the  sergeants,  to  send  it  on  with  me 
in  charge  of  the  officer  who  would  have  us  in  custody.  This 
he  did  not  do,  and  I  never  saw  more  of  it.  One  or  two  of 
the  prisoners  afterward  received,  at  Fort  Warren,  the  liquors 
that  they  had  left  at  Fort  Lafayette,  and  one  of  the  officers 
at  the  former  post  informed  me  that  there  were  some 
boxes  on  the  bill  of  lading  which  did  not  reach  Fort  "War- 
ren. Whether  any  of  my  stores  were  among  these  boxes,  I 
am  unable  to  say.  I  only  know  that  I  never  received  the 
liquor  which  Lieutenant  Wood  had,  and  that  many  of  my 
companions  suffered  iu  the  same  way. 

Those  of  our  friends  who  obtained  passes  to  visit  the  Fort, 
did  so  with  great  difficulty.  The  Government  seemed  to 
have  a  strong  disposition  to  exclude  all  strangers  from  the 
place.  Six  weeks  before  my  arrest,  I  had  made  every  effort 
to  procure  a  permit  to  see  my  father,  but  could  not  succeed 
in  getting  one.  Some  Xew  York  politicians,  however,  were 
more  favored.  One  of  them,  especially,  Mr.  William  II.  Lud- 
low, could  enter  the  Fort  at  his  pleasure,  and  see  whom  he 
pleased.  On  several  occasions  when  he  made  his  visits,  he 
sent  for  different  individuals,  to  whom  he  represented  him- 
self as  possessing  great  influence  at  Washington,  and  offered 
to  try  and  procure  their  releast,  provided  he  was  paid  for  it. 
What  he  received  altogether  I  do  not  know  ;  but  I  do  know 
that  he  received  two  retaining  fees,  namely,  one  hundred 
dollars  from  one  gentleman,  and  one  hundred  and  fifty  dol- 
lars from  another.  From  the  latter  he  had  a  promise  of  a 
contingent  fee  of  one  thousand  dollars.  I  do  not  believe  he 
rendered  any  service  t )  his  clients,  both  of  whom  were  taker 


FRANK    KEY    HOWARD.  679 

to  Fort  Warren  and  exchanged  or  released  nearly  four  months 
afterward. 

The  private  soldiers  at  Fort  Lafayette  were  worthy  follow- 
ers  of  their  commanding  officer.  They  were  uniformly  as 
brutal  in  their  manners  toward  the  prisoners  as  they  dared 
to  be  The  sergeants,  however,  who  were  there  when  I  was, 
were  generally  civil,  and  were  as  kind  as  they  had  an  oppor- 
tunity of  being.  But,  if  the  situation  of  those  who  were 
fortunate  enough  to  enjoy  good  health  was  almost  insupport- 
able, the  condition  of  the  sick  was  far  worse.  Xo  provision 
whatever  was  made  for  them.  Men  suffering  from  various 
diseases  were  compelled  to  remain  in  their  close  and  damp 
quarters,  and  struggle  through  as  best  they  could.  One  mao, 
u  a  political  prisoner,"  had  an  acute  attack  of  pneumonia,  anl 
lay  for  ten  days  in  a  damp,  dark  gun-battery,  with  some  thirty 
other  prisoners.  One  of  the  privateersmen  was  dangerously 
ill  with  the  same  disease  in  the  casemate  in  which  so  man} 
of  them  were  huddled  together.  When  I  obtained  permis- 
sion to  carry  him  some  little  luxuries,  I  found  him  lying  oi» 
the  floor  upon  two  blankets,  in  a  high  fever,  and  without 
even  a  pillow  under  his  head.  He  would  have  remained  ia 
the  same  condition  had  not  the  "  political  prisoners  "  relieved 
his  necessities.  It  was  not  until  he  seemed  to  be  drawing 
rapidly  toward  his  end,  that  he  was  sent  to  a  hospital,  some- 
where on  Staten  Island. 

Among  the  pettier  annoyances  we  underwent,  the  trouble 
we  had  about  our  washing  may  be  mentioned.  At  first,  we 
were  allowed  to  send  our  clothes  over  to  Long  Island,  where 
they  were  well  enough  washed,  but,  for  some  reason  best 
known  to  himself,  Lieutenant  Wood  interfered,  and  deter- 
mined to  have  the  washing  done  inside  of  the  Fort,  under 
his  own  supervision.  It  must  have  been  a  very  fair  speeu 
lation  for  him,  for  his  charges  were  high,  and  the  work  was 
bo  carelessly  performed,  that  he  must  have  employed  tne 
fewest  hands  possible  to  do  it.  What  he  charged  me  by  the 
piece,  I  cannot  say,  for  he  helped  himself  to  his  bill  before 
he  handed  over  my  money  to  the  officer  who  escorted  us  to 


680 


AMERICAN  BASTILE. 


Fort  barren.  Probably  it  would  not  have  been  altogether 
safe  to  have  demanded  an  account,  for  one' of  the  sergeants 
was  put  under  arrest  for  complaining,  as  he  stated  to  the 
prisoners,  of  Lieutenant  Wood's  prices  for  wrashing.  On 
one  occasion,  Lieutenant  AVood,  in  full  view  of  the  prisoners, 
kicked  one  of  his  boat's  crew  from  the  door  of  his  own 
quarters,  and  continued  the  assault  until  the  man  had  re- 
treated almost  the  whole  length  of  the  balcony  upon  that 
side  of  the  Fort.  I  mention  this  as  an  illustration  of  his 
mode  of  dealing  with  his  subordinates.  Of  the  propriety 
and  manliness  of  such  a  proceeding,  on  the  part  of  the  com- 
manding officer,  others  can  judge  for  themselves. 

Many  of  the  prisoners  had  friends  and  acquaintances  in 
New  York,  but  most  of  these  were  either  afraid,  or  did  not 
care  to  show  any  kindness  or  attention  to  parties  who  were 
under  the  ban  of  a  suspicious  and  tyrannical  Government. 
Some  few  people  in  that  city  had  the  courage  and  inclina- 
tion to  render  us  any  service  in  their  power,  and  prominent 
among  these  was  Mr.  Cranston,  of  the  £Tew  York  Hotel ; 
but  the  number  of  those  who  thus  acted  was  singularly 
small. 

I  cannot  take  leave  of  this  portion  of  my  narrative  without 
recording  the  obligations  under  which  the  prisoners  in  Fort 
Lafayette  must  ever  remain  to  Mrs.  Geo.  S.  Gelston  and 
Mr.  Francis  Hopkins,  who  lived  on  Long  Island  just  oppo- 
site the  Fort.  They  were  unwearied  in  their  efforts  to  alle- 
viate our  situation.  Day  after  day,  for  weeks  and  months 
together,  they  manifested  their  good  will  in  the  most  gener 
ous  and  substantial  way.  Food  for  those  who  were  too  pooi 
to  buy  a  decent  meal,  delicacies  of  all  kinds  for  the  sick, 
luxuries  for  others  —  all  these  were  supplied  by  Mrs.  Gelston, 
with  a  bountiful  and  untiring  hand.  To  her  tender  sympathy 
and  generosity,  very  many  of  the  prisoners  were  indebted 
for  comforts  which  were  absolutely  necessary  to  enable  them 
to  endure  the  privations  to  which  they  were  exposed;  and  I 
know  I  but  inadequately  fulfil  the  wishes  of  every  one  of 
the  former  inmates  of  Fort  Lafayette,  in  thus  giving  public 


FEANK    KEY  HOWARD. 


G81 


expression  to  thanks  which  they  had  no  opportunity  to  re- 
turn to  their  good  friends  in  person. 

It  is  scarcely  necessary  to  say,  that  our  opinions  ae  to  the 
Bort  of  resistance  we  should  offer  to  our  oppressors,  under- 
went no  change  in  consequence  of  our  cruel  Imprisonment  in 
Fort  Lafayette.  I  found,  on  reaching  there,  that  my  father 
and  most  of  his  companions  had  taken  the  same  view  of 
their  duty  under  the  circumstances,  as  we  had  done;  and 
with  every  day's  prolongation  of  our  sufferings,  we  were  the 
more  and  more  convinced,  that  with  a  despotism  so  atrocious, 
we  ought  to  make  no  compromise. 

THE  STEAMBOAT  "STATE  OF  MAINE." 

On  the  afternoon  of  the  28th  of  October,  we  were  notified 
to  prepare  to  leave  Fort  Lafayette  on  the  following  morning. 
We  were  then  locked  up  in  the  various  casemates  and  bat- 
teries for  the  rest  of  that  day.  The  next  morning  our  bag- 
gage was  sent  out  to  the  wharf,  we  being  still  kept  in  close 
confinement,  and  a  little  after  midday  our  baggage  was 
brought  back,  and  we  were  informed  that  the  boat  would  not 
be  ready  that  day.  We  were  kept  under  lock  and  key  all 
that  day,  and  only  permitted  to  go  out  to  dinner.  There  was 
no  conceivable  reason  for  this  last  act  of  insolent  harshness. 
On  the  morning  of  the  30th,  we  left  the  Fort  on  a  small 
steamer,  with  a  file  of  soldiers,  and  were  carried  up  to  Fort 
Columbus,  on  Governor's  Island,  and  alongside  of  the  steamer 
"State  of  Maine,"  which  was  lying  at  the  wharf.  She  was 
a  very  ordinary-looking  river  steamer,  very  Low  in  the  water, 
and  very  dirty.  Her  upper  forward  deck  was  covered  with 
soldiers.  She  had  been  engaged  in  transporting  soldiers  and 
horses,  and  an  experienced  sea-captain  of  our  party,  who 
managed  to  evade  the  sentinels  and  go  over  the  vessel,  in- 
formed me  that  between-decks  forward  of  the  shaft,  she  was 
perfectly  filthy.  There  were  about  one  hundred  and  ten  of 
us,  and  we  were  sent  on  board  of  the  "  State  of  Maine,"  and 
directed  to  pass  into  the  upper  after-cabin.  This  cabin  was 
jong  and  dark,  and  in  it  there  were  about  twenty -two  or  three 


682 


AMERICAN  BASTILE. 


small  state-rooms,  each  containing  two  berths.  It  opened, 
aft,  upon  a  covered  deck,  which  was  so  small  that,  when  onr 
party  collected  there,  it  was  considerably  over-crowded.  Just 
beneath  the  deck  on  which  we  were  was  the  dining-saloon, 
along  the  sides  of  which  ran  a  double  tier  of  berths.  There 
may  have  been  about  twenty  or  twenty-five  of  these  alto- 
gether. The  whole  after  part  of  the  vessel  could  not  decently 
accommodate  the  one  hundred  and  ten  prisoners  then  on 
board.  To  our  astonishment  we  learned  that  not  only  were 
we  to  take  on  board  some  seventeen  "  political  prisoners  " 
from  Fort  Columbus,  but  that  the  officers  and  soldiers  who 
had  bee^  taken  prisoners  at  Fort  Hatteras  were  to  join  us 
also.  These  numbered  six  hundred  and  forty-five.  Remon- 
strance or  complaint  was  useless.  These  additional  prisoneis 
were  marched  on  board,  the  officers  and  "  political  prisoners  " 
being  sent  to  the  after  part  of  the  boat  with  us,  and  the  pri- 
vates being  packed  in  forward  of  the  cabin,  wherever  it  ws.s 
possible  for  them  to  find  standing-room. 

"We  did  not  get  away  from  Fort  Columbus  until  about  4 J 
p.m.  "While  we  were  still  lying  at  the  wharf,  it  seems  to  have 
occurred  to  some  of  those  in  charge  of  us,  that  it  was  part 
of  their  duty  to  offer  us  something  to  eat.  A  large  wicker- 
basket,  lined  with  tin,  was  then  brought  up  full  of  water. 
It  had  been  made  to  hold  dirty  plates  and  dishes,  and  had 
been  used  for  that  purpose,  apparently,  time  out  of  mind,  on 
the  steamer.  A  soldier  then  brought  up  a  box  of  crackers, 
and  another  appeared  with  a  tin  plate,  which  was  several 
times  replenished,  containing  large  square  pieces  of  boiled 
pork.  Nine  out  of  ten  of  these  pieces  were  solid  lumps  of 
pure  fat.  A  couple  of  old  dirty-looking  horse-buckets  of 
coffee  were  also  provided.  Such  was  the  dinner  furnished 
us.  After  this  I  saw  no  more  of  the  pork,  nor  do  I  think 
there  was  any  more  on  board,  at  least  for  the  prisoners. 
Hunger  compelled  some  of  the  prisoners  to  try  and  swallow 
the  masses  of  blubber  which  were  offered  them,  but  many 
were  unequal  to  the  effort.  A  large  proportion  of  the  party 
dined,  therefore,  on  crackers  and  water.    When  we  started, 


FRANK    KEY  HOWARD. 


083 


we  had  on  board  one  hundred  and  twenty-seven  "political 
prisoners/'  six  hundred  and  forty-five  prisoners  of  war,  and 
one  hundred  Federal  soldiers,  besides  the  officers  and  crew  of 
Ihe  steamer.  I  subsequently  learned  that  the  only  stores  put 
on  board  for  our  subsistence  consisted  of  one  thousand  and 
six  pounds  of  hard  bread,  one  hundred  and  twenty-eight 
pounds  of  coffee,  and  two  hundred  and  fifty-eight  pounds  of 
sugar. 

Thus  loaded  down  almost  to  the  water's  edge,  we  headed 
for  Long  Island  Sound.  The  discomfort  of  our  situation 
cannot  be  described.  Moreover,  we  all  knew,  for  the  naval 
officers  among  us  had  so  said,  and  the  officers  of  the  boat 
admitted,  that  the  vessel  was,  in  her  then  condition,  utterly 
unseaworthy,  and  that,  if  a  moderate  gale  should  catch  us  at 
sea,  the  chances  were  largely  in  favor  of  our  going  to  the 
bottom. 

About  dusk,  I  heard  that  supper  had  been  prepared,  in  the 
dining-saloon,  for  the  officers  who  had  us  in  charge,  and  that, 
as  far  as  it  would  go,  those  of  us  who  chose  to  pay  for  it, 
could  partake  of  it.  It  was,  at  the  same  time,  stated  that 
the  officers  of  the  boat  had  received  no  notice  of  the  number 
of  the  prisoners  she  was  to  carry,  and  had  not  made  the 
slightest  provision  for  them.  Under  such  circumstances,  but 
very  few  of  us  could  get  a  single  meal  in  the  dining-saloon. 
By  dint  of  great  patience  and  perseverance,  I  succeeded  in 
getting  some  supper  about  nine  o'clock  at  night.  The  next 
day,  after  many  ineffectual  efforts,  I  managed  to  get  a  very 
late  breakfast,  and  that  was  the  last  meal  I  got  from  the 
officers  of  the  boat  or  Government.  I  was  far  better  off, 
however,  than  the  mass  of  my  companions ;  for  Mrs.  Gelston 
again  stood  our  friend.  She  had  heard  we  were  to  leave 
Fort  Lafayette,  and  had  thoughtfully  sent  to  those  occupy- 
ing the  casemate  in  which  I  wa%  a  huge  basket  of  provisions 
for  our  journey.  It  contained  pheasants,  chickens,  tongues, 
pies,  and  other  delicacies,  and  one  of  my  room-mates,  Mr. 
War  field,  and  myself,  consented,  or.  perhaps,  volunteered,  to 
take  it  under  our  especial  charge  during  the  journey.  On 


684 


AMERICAN  BASTILE. 


these  stores,  I  and  my  former  room-mates  lived  for  the  ensu- 
ing two  days,  scaring  them,  however,  as  far  as  we  could,  with 
other  friends.  But  our  supplies  were  wholly  insufficient  to 
meet  any  but  the  most  limited  demand,  and  we  could  extend 
our  invitations  to  but  few.  Most  of  the  prisoners  had  to  put 
ap  with  the  hard  bread  and  coffee  during  the  two  days  and 
nights  we  remained  on  board. 

Just  before  dark,  the  clerk  of  the  boat  came  on  the  after- 
deck  to  distribute  the  keys  of  the  few  state-rooms  assigned 
to  us,  which,  until  then,  had  been  kept  locked.  The  North 
Carolina  officers  had  the  berths  in  the  dining-saloon.  There 
were,  as  already  mentioned,  about  twenty-two  state-rooms 
altogether  in  the  upper  after-cabin,  and  one  or  two  of  these 
were  used  for  different  purposes  by  the  officers  of  the  boat, 
and  one  or  two  others  could  accommodate  but  one  person 
each.  It  was  obvious  that  not  more  than  one-third  of  us 
would  get  any  beds.  Here,  again,  I  was  very  fortunate,  for 
[  happened  to  be  standing  by  Governor  Morehead,  to  whom 
the  clerk  gave  the  first  key,  and  I  was  able  to  secure  one. 
Those  who  failed  to  obtain  berths,  either  in  the  dining-saloon 
or  state-rooms,  and  they  constituted  a  very  large  majority  of 
the  party,  had  no  alternative  but  to  drop  down  wherever 
they  could,  and  try  to  sleep.  After  those  who  had  beds  had 
retired,  the  cabin  presented  a  scene  that  no  man  who  was 
present  will  be  likely  to  forget.  It  was  densely  packed  with 
men  in  every  possible  position.  Upon  each  of  the  hard 
wooden  settees,  two  or  three  persons  had  contrived  to  stow 
themsel  ves  in  half-recumbent  positions  that  were  little  likely 
to  afford  them  the  desired  rest.  Those  who  had  chairs  were 
sleeping  on  them,  some  sitting  bolt  upright,  and  some  leaning 
na^k  against  the  sides  of  the  cabin.  But  many  could  get 
neither  chairs  nor  places  on  the  settees,  and  these  were  lying 
or  Fitting  upon  the  floor.  Over  the  latter  had  been  strewn 
bread  and  pieces  of  fat  pork,  all  of  which,  being  saturated 
with  the  expectorations  of  numberless  tobacco-chewers,  had 
been  trampled  into  a  consistent  mass  of  filth  by  the  feet  of 
one  hundred  and  fifty  men.  Some  of  the  unfortunates,  whom 


FRANK    KEY  HOWARD. 


685 


Bbsc'ute  weariness  had  compelled  to  lie  down  on  the  floor, 
were  lucky  enough,  as  they  esteemed  themselves,  to  obtain 
fiorae  newspapers,  which  they  spread  hetween  the  dirt  and 
their  persons ;  others  had  to  take  the  floor  as  they  found  it, 
and  the  vacant  spaces  were  so  limited  that  many  were  not 
even  allowed  a  choice  of  places.  As  for  the  prisoners  of  war, 
the  privates,  they  seemed  to  have  slept,  if  they  slept  at  all, 
wherever  they  could  manage  to  stretch  themselves.  We 
were  not  suffered  to  go  among  them,  hut  I  could  see  from 
the  door  of  the  dining-saloon,  the  morning  after  we  started, 
that  they  were  lying  about  between  decks,  on  piles  of  coal, 
coils  of  rope,  or  the  bare  floor. 

We  reached  Fort  Warren  about  dusk  on  the  evening:  of 
the  31st,  and  Colonel  Justin  Dimick,  who  commanded  the 
post,  came  on  board.  He  said  that  he  had  only  expected  one 
hundred  and  ten  prisoners,  that  not  the  slightest  notice  of 
the  coming  of  the  prisoners  of  war  had  been  given,  and  that 
he  was  wholly  unprepared  to  receive  us.  He,  however, 
ordered  some  three  hundred  of  the  North  Carolina  soldiers 
ashore,  and  said  the  rest  of  us  must  remain  that  night  on 
board.  Thus  we  had  another  cheerless  and  wretched  night 
to  look  forward  to.  It  passed  like  the  previous  one,  and  we 
were  only  too  glad  when  day  dawned,  well  knowing  that 
whatever  might  happen,  our  situation  could  not  be  made 
worse. 

That  morning,  before  we  left  the  boat,  I  vainly  endeavored 
to  procure  a  glass  of  drinkable  water.  There  was  none  to  be 
had  on  board.  The  only  supply  of  water  left,  was  stale  and 
foul,  and  was  used  for  washing,  though  not  fit  for  that  pur- 
pose. I  was  too  thirsty  to  be  particular,  and  having  dis- 
guised the  color  and  flavor  of  a  glassful  by  pouring  into  it  a 
teaspoonful  of  essence  of  ginger,  I  made  shift  to  swallow  it. 
I  then  breakfasted  on  the  scraps  which  remained  in  our  bas- 
ket, and  prepared  to  go  ashore. 

This  account  of  the  privations  to  which  we  were  subjected 
an  that  occasion,  I  have  neither  over-stated  nor  over-colored. 
On  a  convict  ship  our  position  could  have  been  no  worse,  and 


686 


AMERICAN    B  A  STILE 


even  on  such  a  vessel,  more  regard  would  be  manifested  for 
the  safety  of  the  prisoners  than  was  shown  for  ours.  And 
all  this  was  endured  by  numbers  of  gentlemen  who  would  be 
disparaged  by  being  compared,  in  point  of  character,  intelli- 
gence, and  position,  with  Mr.  Lincoln,  Mr.  Stanton,  or  Mr. 
Seward.  It  was  an  extremely  fortunate  thing  that  the 
weather  was  fine,  and  the  sea  calm,  after  we  passed  out  of 
the  Sound.  Wretched  as  our  situation  was,  it  would  have 
been  aggravated  tenfold,  had  many  of  the  prisoners  suffered 
from  sea-sickness.  We  were,  however,  spared  such  addition 
to  our  troubles.  I  need  not,  therefore,  surmise  how  miserable 
in  such  a  case  our  lot  would  have  been,  nor  what  would  have 
been  the  inevitable  result  of  our  being  overtaken  by  such  a 
gale  as  set  in  the  very  night  after  we  reached  Fort  Warren. 
With  a  very  little  forethought  and  trouble,  and  a  very  slight 
expenditure  of  money  on  the  part  of  the  Government,  or  of 
those  of  its  officers  who  were  charged  with  our  transporta- 
tion to  Fort  Warren,  our  journey  might  have  been  made  in 
tolerable  decency,  if  not  comfort.  As  it  was,  we  were  treated 
with  as  little  consideration  as  cattle.  The  brutality  that 
characterized  the  higher  officers  of  the  Government,  seemed, 
as  far  as  we  could  then  judge,  to  be  equally  conspicuous  in 
most  of  their  subordinates. 

FORT  WARREN. 

When  we  reached  Fort  Warren,  late  in  the  afternoon  of 
the  31st,  Colonel  Dimick  came  on  board,  as  I  have  stated, 
and  informed  us  that  he  had  only  expected  about  a  hundred 
"  political  prisoners."  He  invited  several  gentlemen  to  go 
ashore  and  see  the  quarters  he  had  set  apart  for  us.  Among 
these  were  Commodore  Barron,  Mayor  Brown,  and  Messrs. 
Faulkner.  Charles  Howard,  and  Kane.  They  hurriedly  in- 
ipected  the  various  rooms  by  candle-light,  and  after  about  an 
hour's  absence  they  returned.  That  night  they  selected  their 
quarters  and  their  room-mates,  as  Colonel  Dimick  had  re- 
quested them  to  do. 

Aboul  ten  o'clock  the  following  morning  we  landed,  and 


FRANK    KEY  HOWARD. 


687 


we>t<i  marched  into  the  Fort,  where  the  roll  was  called,  and 
we  were  shown  to  our  respective  quarters.  The  Fort  is  situ- 
ated on  an  island  containing  forty-three  acres,  nearly  the 
whoio  of  which  is  covered  by  the  fortifications.  The  interior 
work  13  built  ir  the  most  substantial  manner,  of  granite,  and 
encloses  a  space  of  some  five  or  six  acres.  It  is  an  irregular 
structure,  which  it  is  impossible  for  me  to  describe  accurately. 
The  five  principal  sides  are  each  about  three  hundred  feet 
long.  Two  of  these  sides  are  divided  into  deep  casemates,  on 
a  level  with,  and  opening  on  the  parade-ground.  One  other 
side  contains  rooms  intended  for  officers'  quarters.  There 
were  ten  of  these  rooms  on  a  level  with,  and  looking  out  on 
the  parade-ground,  and  immediately  in  the  rear  of  these 
were  ten  more  fronting  on  the  space  between  the  curtain  and 
an  exterior  work.  Beneath  these  twenty  rooms,  both  in 
front  and  rear,  there  were  twenty  more  of  the  same  size  as 
those  above,  the  inner  or  front  ones  being,  of  course,  base- 
ment rooms,  and  opening  upon  an  area  about  seven  feet  wide 
and  ten  or  twelve  deep,  and  those  in  the  rear  looking  out  on 
the  space  between  the  interior  and  exterior  works  above  men- 
tioned, which  was  below  the  level  of  the  inside  enclosure. 
Between  the  front  and  rear  rooms,  above  and  below,  there 
were  also  two  very  small  dark  rooms,  intended,  I  presume, 
for  store-rooms.  All  the  interior  or  front  rooms  were  lighted 
by  large  windows,  and  those  in  the  rear  by  narrow  loop-holes, 
about  six  inches  wide  at  the  outer  edge,  and  four  or  five  feet 
high.  The  upper  rooms  were  all  neatly  finished,  and  the  se 
in  front  were  very  light  and  airy.  The  lower  rooms  had 
cement  floors,  and  were  much  less  desirable.  Sixteen  of  the 
rooms  I  have  attempted  to  describe  were  assigned  to  the 
<;  political  prisoners,"  and  the  officers  who  were  prisoners  of 
war,  viz. :  four  front  rooms  opening  on  the  parade-ground,  and 
four  immediately  beneath  them,  and  eight  just  in  the  rear 
of  these,  together  with  the  smaller  rooms  or  closets  which 
separated  the  front  and  rear  rooms.  One  large,  long  case 
mate,  in  another  side  of  the  Fort,  was  devoted  to  the  same 
purpose.    Commodore  Barron  and  several  of  the  army  officert 


688 


>  M  E  E  I  C  A  N    B  A  STILE. 


with  hijn,  and  Marshal  Kane,  selected  one  of  the  four  upper 
front  rooms ;  the  North  Carolina  officers  of  the  highest  rank 
another;  the  Baltimore  Police  Commissioners  another;  and 
the  Mayor  of  Baltimore  and\Messrs.  Morehead  and  Faulkner 
the  fourth.  These  several  parties  having,  in  accordance  with 
Colonel  Dimick's  request,  made  choice  of  their  rooms,  also 
selected  as  their  companions,  in  their  new  quarters,  those  who 
had  been  their  room-mates  at  Fort  Columbus  and  Fort  La- 
fayette. I  thus  found  myself  again  among  my  old  room-mates. 
The  other  prisoners,  generally  choosing  their  own  room- 
mates, were  quartered  in  the  other  rooms  and  in  the  casemate 
before  mentioned.  The  crowded  condition  of  the  room  J 
occupied  will  illustrate  the  situation  of  our  fellow-prisoners 
This  room  was  nineteen  and  a  half  by  fifteen  feet,  and  one  of 
the  little  closets  of  which  we  had  the  use  was  ten  by  ten 
and  a  half  feet.  Into  this  room  and  closet,  nine  of  us  were 
crowded.  So  close  together  were  our  beds,  that  it  would 
have  been  impossible  to  have  put  another  one  in  the  room 
without  blocking  up  the  doors.  There  was  scarcely  space 
enough  for  another,  even  in  the  middle  of  the  floor.  Those 
who  got  into  the  long  casemate  were  far  worse  off  than 
their  other  fellow-prisoners.  This  casemate  was,  I  should 
suppose,  less  than  fifty  feet  long  and  less  than  twenty  wide, 
and  so  crowded  was  it,  that  the  inmates  were  compelled  to 
sleep  in  bunks  which  were  arranged  one  above  the  other, 
in  three  tiers.  They  had  also  to  cook  their  meals  in  the 
same  room. 

When  we  were  installed  in  our  quarters  we  began  to  look 
around  to  see  what  sort  of  provision  had  been  made  for  us. 
As  we  had  been  told  that  at  least  a  hundred  of  us  had  been 
expected,  we  naturally  took  it  for  granted  that  something 
had  been  done  to  make  us  tolerably  comfortable.  Our  former 
experience  ought  to  have  prevented  us  from  entertaining  any 
such  hopes,  but  we  were  not  long  under  any  delusion.  No 
preparation  had  apparently  been  made  for  one  single  prisoner, 
except  that  fires  were  kindled  in  the  various  rooms.  Colonel 
Dimick,  whose  demeanor  toward  us       on  all  occasions  that 


FRANK    KEY  HOWARD. 


689 


of  a  gentleman,  seemed  to  be  annoyed  at  the  position  in  which 
he  found  himself.  He  informed  us  of  his  inability  to  provide 
for  us  decently,  and  expressed  his  regret  at  the  fact.  But 
his  good  feeling  could  not  much  alleviate  our  situation.  Not 
a  bedstead,  bed,  blanket,  or  chair  was  then  furnished  any  of 
us.  Those  of  us  who  had  carried  on  the  bedding  we  had 
purchased  at  Fort  Lafayette,  were  able  to  lend  a  few  articles 
to  our  friends,  but  the  great  majority  of  the  prisoners  were 
forced  to  sleep  upon  the  floor,  upon  their  great-coats  and  the 
few  cloaks  and  shawls  they  happened  to  have  or  could  borrow. 
This  state  of  things  continued  two  or  three  weeks,  at  the  end 
of  which  time,  Colonel  Dimick  managed  to  have  the  furni- 
ture, which  had  been  so  tardily  provided  for  us  at  Fort  La- 
fayette, sent  on  to  Fort  Warren.  In  the  mean  time,  many 
had,  at  their  own  expense,  supplied  themselves  from  Boston 
with  necessary  articles,  but  the  others  had  to  shift  for  them- 
selves as  they  best  could,  until  the  arrival  of  the  furniture 
from  our  former  prison.  The  day  we  landed,  the  only  dinner 
provided  for  us  consisted  of  a  barrel  of  crackers  and  a  couple 
of  raw  hams,  which  were  placed  on  the  head  of  a  flour-barrel, 
in  front  of  our  quarters.  We  were  informed  that  the  Govern- 
ment would  allow  us  the  ordinary  soldiers'  rations,  but  that 
we  would  have  to  cook  them  ourselves,  and  a  place  would 
be  given  us  for  the  purpose.  Mr.  Hall,  the  purveyor  for  the 
laborers  and  officers  at  the  post,  agreed  to  furnish  us  that 
evening  with  supper.  It  consisted  of  cold,  boiled  salt  beef, 
bread,  and  bad  coffee,  which  however,  we  were  hungry  enough 
to  eat  with  considerable  relish.  This  was  the  only  meal  wo 
had  that  day,  or  until  noon  the  day  following.  Not  know 
ing  exactly  how  we  could  manage  our  rations  after  they 
should  be  distributed  to  us,  a  number  of  us,  by  Colonel 
Dimick's  permission,  requested  Mr.  Hall  to  furnish  us  two 
meals  a  day,  at  least  until  we  could  make  some  other  arrange 
ment.  This  he  agreed  to  do  at  the  rate  of  one  dollar  a  daj 
each,  and  a  good  business  he  must  have  made  of  it,  for  scan- 
tier and  worse  entertainment  we  had  never  seen  provided  at 
anything  like  half  the  price.  We  were  forced,  however,  to 
44 


690 


AMERICAN  BASTILE. 


continue  this  arrangement  for  a  week,  at  the  end  of  which  time 
we  took  matters  into  our  own  hands.  We  obtained  the  use 
of  two  casemates  and  cooking-stoves,  and  established  two 
clubs  or  messes,  and  engaged  some  of  the  North  Carolina 
prisoners  to  cook  and  wait  in  the  mess-room,  and  also  to 
attend  to  our  quarters.  As  there  was  a  Government  boat 
running  regularly  between  the  Fort  and  Boston*  we  ordered 
daily  supplies  of  meats,  milk,  and  vegetables,  and,  with  the 
addition  of  our  rations,  were  enabled  to  live  with  reason- 
able comfort.  After  the  North  Carolina  prisoners  were  ex- 
changed, 'we  from  time  to  time  got  servants  from  Boston, 
almost  invariably  foreigners,  and  continued,  though  at  an 
increased  expense,  to  live  as  we  had  previously  done. 

In  speaking  of  our  treatment,  I  speak  solely  of  the  "  poli- 
tical" or  "  state  prisoners."  As  I  know  nothing  of  the  way 
in  which  prisoners  of  war  are  entitled  to  be,  or  usually  are 
dealt  with,  I  have  nothing  to  say  upon  that  point.  I  will 
merely  state  that  the  North  Carolina  prisoners,  numbering 
about  six  hundred,  exclusive  of  their  commissioned  officers, 
were  confined  in  eight  casemates.  They  were  thus  terribly 
crowded.  During  the  first  two  or  three  days  they  had 
scarcely  anything  to  eat.  I  do  not  know  the  cause  of  this, 
but  the  fact  is,  that  they  absolutely  suffered  from  hunger. 
Afterward  they  received  their  rations  regularly,  aud  large 
boilers  were  placed  in  front  of  their  quarters  for  them  to 
cook  in.  These  were  in  the  open  air,  and  not  in  any  way 
sheltered,  and  the  men  had  to  cook  there  in  all  kinds  of 
weather,  during  the  time  they  remained,  which  was  until 
they  were  exchanged,  in  February,  1862. 

In  front  of  the  range  of  rooms  occupied  by  the  "  political 
prisoners,"  and  about  ten  yards  off,  sentinels  were  placed, 
and  beyond  them  we  were  not  allowed  to  go.  The  officers 
who  were  prisoners  of  war,  were  permitted  to  walk  about 
the  whole  island,  both  within  and  without  the  Fort,  on  their 
parole ;  but  we  were  confined  to  the  space,  some  hundred 
yards  long  by  ten  wide,  between  our  quarters  and  the  line 
of  sentinels  just  mentioned.    This  regulation  was  enforced 


FRANK    KEY  HOWARD. 


C91 


for  nearly  six  months,  and,  as  we  understood  at  the  time, 
was  specifically  directed  by  the  Government.  During  that 
time,  we  were  kept  strictly  within  those  narrow  bounds. 
"Why  men  who  were  taken  with  arms  in  their  hands  were 
less  rigorously  treated  than  we,  was  obvious.  The  Confed- 
erate Government  could  exact  certain  rights  for  them,  but 
there  was  no  power  or  law  in  this  part  of  the  country  to 
protect  us.  The  day  after  our  arrival,  I  wrote  to  my  wife 
this  hurried  account  of  our  journey  from  Fort  Lafayette : 

"  Fort  Warren,  Boston  Harbor,  Saturday,  November  2. 
"  "We  have  arrived  here  safely,  and  a  more  uncomfortable  set 
of  human  beings  have  never,  I  trust,  been  collected  before  in 
these  quarters.  We  left  Fort  Lafayette  on  Wednesday  morning, 
and,  together  with  the  prisoners  from  Fort  Columbus,  came  here 
on  one  of  the  Sound  steamers.  There  wore  about  four  times  as 
many  on  board  as  the  vessel  could  accommodate,  and  the  only 
food  which  the  Government  provided  was  bread  and  fat  pork 
and  a  liquid  called  coffee.  I  saw  the  most  prominent  gentlemen 
of  Maryland,  Kentucky,  and  Virginia  drinking  what  purported 
to  be  coffee,  out  of  a  dirty  horse-bucket,  while  water  was  served 
out  to  them  from  a  large  tin,  such  as  is  used  to  hold  the  greasy 
plates  after  dinner.  Pieces  of  fat,  about  two  inches  square,  were 
handed  round  to  those  who  could  swallow  them,  and  a  man's 
fingers  constituted  the  table  furniture.  A  number  of  elderly 
gentlemen  could  not  at  night  find  a  place  to  sit ;  and  scores  of 
my  friends  slept  for  two  nights  upon  the  floors,  which  were  the 
filthiest  that  you  are  ever  likely  to  see.  At  this  place  no  pro- 
vision whatever  had  been  made  for  us.  Many  of  the  rooms  are 
not  fit  for  the  accommodation  of  human  beings  in  the  winter 
months  in  this  climate.  No  beds  have  been  furnished,  and  none 
are  to  be  —  a  sack  of  straw  being  the  only  thing  which  the  Gov- 
ernment will  supply.  Even  such  bedding  as  this  has  not  arrived 
We  have  been  here  twenty-four  hours,  and  most  of  the  party 
have  lived  on  a  little  raw  ham  and  bread,  and  have  slept  on  the 
floor.  Not  even  a  blanket  has  been  given  us.  I  have  managed 
to  get  along  better  than  most  of  my  fellow-prisoners,  for  I 
brought  my  mattress  and  a  basket  of  provisions.  I  also  was 
lucky  enough  to  secure  a  state-room.    The  privations  I  have 


692 


AMERICAN    B  A  STILE. 


suffered,  serious  as  they  were,  have  been  light  compared  to  thosa 
which  numbers  of  my  companions  have  endured.  It  is  now  ten 
o'clock,  and  we  are  as  yet  vainly  trying  to  get  some  breakfast, 
which  a  caterer  from  Boston  has  agreed  to  furnish.  I  thus  give 
you  the  brief  outlines  of  this  phase  of  our  story.  It  is  not  ne- 
cessary that  I  should  supply  the  comments.  I  will  write  again 
when  I  have  had  a  little  time  to  look  about  me.  The  officers,  ap 
far  as  I  can  judge,  are  polite  and  kind,  which  in  my  late  expe- 
riences is  a  novelty.  It  has  been  our  misfortune  to  meet  but 
few,  if  any,  gentlemen,  thus  far,  and  a  change  in  that  particular 
will  be  grateful." 

I  give  this  letter  at  length,  because  it  was  returned  to  me 
by  order  of  Colonel  Dimick,  who  sent  me  word  that  his  in- 
structions prohibited  the  transmission  of  any  such  intelli- 
gence as  I  had  attempted  to  send  my  family.  It  is  evident 
from  the  suppression  of  so  simple  a  statement  of  facts,  that 
the  Government  had  determined  to  resort  to  all  the  meane 
in  its  power  to  prevent  the  victims  of  its  tyranny  from 
making  their  situation  known  to  the  public.  We  were  spe- 
cifically ordered  not  to  discuss  public  affairs  in  our  letters. 
It  is  needless  to  recapitulate  all  the  admonitions  we  received 
upon  this  point.  The  following  examples  will  suffice.  On 
the  8th  of  April,  1862,  a  letter  was  returned  to  a  "  political 
prisoner 99  with  this  note,  in  Colonel  Dimick's  handwriting : 

"  The  Government  require  the  gentlemen  at  Fort  Warren  to 
avoid,  in  their  correspondence,  discussing  the  differences  between 
the  North  and  South,  or  giving  any  account  of  the  battles  between 
the  contending  forces.  This  letter  is,  therefore,  respectfully  re- 
turned." 

An  order  relating  to  the  letters  of  prisoners  was  posted  id 
our  quarters  on  the  10th  of  April,  which  concluded  thus : 

"  Military  and  political  subjects  must  be  avoided  in  all  cop- 
respondence. 

Lieut.  James  S.  Casey,  XJ.  S.  A., 
Officer  in  Charge/' 


FKANK    KEY  HOWARD. 


693 


Notwithstanding  these  regulations,  we  continued  to  di» 
ci*<5s,  from  time  to  time,  the  forbidden  subjects;  and,  as  a 
large  number  of  letters  were  to  be  inspected  every  day,  many, 
which  were  in  violation  of  the  above  orders,  found  their  w&y 
to  our  friends.  But  this  happened,  I  suppose,  because  the 
examining  officer  had  not  time  to  read  the  letters  very  care- 
fully, for  the  rules  were  never  directly  relaxed  or  modified. 

After  we  had  been  a  few  weeks  in  Fort  Warren,  an  order, 
touching  the  employment  of  counsel  by  prisoners,  and  signed 
by  Mr.  William  H.  Seward,  the  Secretary  of  State,  was  read 
to  us  by  the  United  States  Marshal  for  the  district.  We  were 
unable  to  procure  an  exact  copy  of  that  order,  but  we  after- 
ward obtained  a  copy  of  a  similar  one,  which  was  read  some 
where  about  the  same  time,  to  the  prisoners  then  in  Fort 
Lafayette.  This  latter  order  was  signed  by  a  Mr.  Seth  C. 
Hawley,  Chief  Clerk  of  the  Metropolitan  Police  Commis- 
sioners of  New  York,  who  subsequently  visited  us  also.  He 
was  acting,  as  he  stated,  under  Mr.  Seward's  directions. 
(See  Appendix.) 

From  time  to  time,  offers  were  made  to  different  prisoners 
to  discharge  them  conditionally.  Sometimes  an  oath  of  alle- 
giance, which  bound  the  party  taking  it  to  support  the 
"United  States  Government,"  notwithstanding  any  action 
which  his  State  might  take,  was  proposed  as  the  price  of  hie 
release.  This  was  almost  uniformly  declined.  Then  various 
forms  of  parole  were  proposed,  which  bound  the  respective 
parties  either  not  to  go  into  the  seceded  States,  or  not  to  go 
into  the  Border  States,  or  not  to  correspond  with  any  one  in 
any  of  those  States,  or  not  to  take  up  arms  against  the  Gov- 
ernment. The  simplest  parole,  in  form,  merely  imposed  an 
obligation  not  to  give  "  aid  and  comfort  to  the  enemies  in 
hostility  against  the  United  States  ;"  but,  as  any  discussion 
of  the  corruption  or  imbecility  of  the  Administration  was 
regarded  by  it  as  treasonable,  this  form  of  parole  was.  prol>- 
ably,  for  its  purposes,  the  most  comprehensive.  Many  of  the 
prisoners  accepted  some  or  other  of  the  terms  proposed,  and 
were  released ;  others  declined  to  make  any  concessions  what- 


694 


AMERICAN  BASTILE. 


ever,  insisting  that,  as  they  had  been  arbitrarily  imprisoned, 
they  would  not  recognize  the  right,  which  Mr.  Lincoln 
claimed,  to  impose  upon  them  any  conditions.  It  is  to  those 
who  took  and  maintained  this  ground  that  the  ensuing  por 
tion  of  this  narrative  mainly  refers. 

One  fact,  however,  concerning  the  negro  servants  of  :ha 
prisoners  of  war,  may  be  worthy  of  mention.  There  were 
with  the  officers,  who  were  taken  at  Fort  Hatteras,  three 
negroes,  two  of  whom  were  slaves.  At  Fort  Columbus,  the 
Government  had  offered  them  their  discharge  on  taking  the 
oath  of  allegiance,  which  they  had  declined.  At  Fort  War- 
ren, the  oath  was  again  tendered  to  them,  and  again  refused. 
Finally,  they  were  offered  their  liberty,  on  giving  their  sim- 
ple parole  not  to  do  anything  hostile  to  the  Government. 
They  inquired  whether,  if  they  went  out  on  such  conditions, 
they  would  be  furnished  with  passes  to  go  South.  They 
were  told  these  could  not  be  granted,  and  they  then  refused 
to  accept  the  terms  offered  them.  They  were  bent  on  return- 
ing to  their  old  homes  in  North  Carolina ;  and  one  of  them 
took  very  high  ground  in  the  matter,  saying,  in  reply  to  an 
inquiry  about  his  refusal  to  give  his  parole,  that  he  "  wanted 
to  go  out  honorable."  They  subsequently  went  back  to  North 
Carolina  with  the  Fort  Hatteras  prisoners,  when  the  latter 
were  exchanged. 

On  the  14th  of  November,  a  notice  was  posted  in  the  door- 
way of  our  quarters,  signed  by  Mr.  Seth  C.  Hawley,  apprising 
us  of  his  intention  to  visit  Fort  Warren  for  the  purpose  of 
inquiring  what  prisoners  would  take  the  oath,  as  a  prelimi- 
nary to  the  investigation  of  their  several  cases.  On  the  fol- 
lowing day  Mr.  Hawley  appeared,  and  in  pursuance  of  his 
purpose,  called  on  the  prisoners  in  their  quarters.  Almost 
every  one  rejected  his  proposition,  many  taking  occasion  to 
couple  with  their  very  unequivocal  refusal,  expressions  of 
contempt  for  Mr.  Hawley  and  those  who  sent  him. 

Several  of  the  members  of  the  Legislature,  desiring  to  put 
in  writing  the  reasons  for  their  refusal  to  submit  to  tne  con- 
ditions which  Mr.  Hawley  came  to  propose,  signed  and  handed 


FRANK    KEY  HOWARD. 


695 


to  him  a  paper  which  Mr.  S.  T.  Wallis  had  drawn  up  as  hia 
own  answer  to  the  inquiry : 

"Fort  Warren,  November  15,  1861. 

*  Mr.  Seth  C.  Hawley  : 

*  Sir:  A  notice  signed  by  you  appeared,  this  afternoon,  upon 
the  walls  of  the  quarters  in  which  we  are  confined.  We  quote 
it,  in  full,  as  follows,  viz. : 

"  '  The  undersigned,  appointed  by  the  Secretary  of  State,  U.  S., 
to  examine  into  the  cases  of  the  political  prisoners  at  Fort  War- 
ren, desires  those  prisoners  to  be  prepared,  to-morrow,  to  answer 
the  question  whether  they  would  severally  be  willing  to  take  the 
oath  of  allegiance  to  the  Constitution  and  Government  of  the 
United  States,  if  they  should  be  set  at  liberty.  Further  inquiry 
into  each  case  to  depend  upon  the  answer.  To-morrow  there 
will  be  an  opportunity  to  answer  the  question. 

(Signed)  Seth  C.  Hawley. 

"  1  Fort  Warren,  November  14,  1861.' 

"  We  presume  we  are  among  those  whom  you  designate  as 
♦political  prisoners,'  and  supposing  that  you  may  call  upon  us, 
to-morrow,  to  answer  the  inquiry  which  you  have  indicated,  we 
desire  to  furnish  our  reply  in  our  own  language,  in  order  that  we 
may  not  be  misunderstood  or  misrepresented. 

"As  we  understand  your  notice,  'further  inquiry  into  each 
case'  is  to  depend  upon  the  willingness  of  the  individual  to  take 
the  oath  which  you  propose;  that  is  to  say,  that  no  man's  case 
will  be  inquired  into,  unless  he  first  signify  his  willingness  to 
swear  as  required.  We  have  now  been  in  confinement  for  more 
than  two  months.  We  were  arrested,  without  process  or  form 
of  law,  upon  the  alleged  authority  of  the  Secretary  of  State  of 
the  United  States,  who  clearly  has  no  lawful  authority,  whatever, 
in  the  premises.  We  have  been  dragged  from  one  fortress  of  the 
Government  to  another,  by  military  force,  and  have  been  dealt 
with  in  a  manner  which  would  have  been  indecent  if  we  had 
been  convicted  felons,  instead  of  freemen,  accused  of  no  offence 
against  the  laws  of  our  country.  We  have  been  separated  from 
oar  homes  and  families,  and  exposed  to  constant  Buffering  and 
privation,  to  the  injury  of  health,  the  prejudice  of  our  interests 
and  good  v%me,  and  in  flagrant  violation  of  every  right  which 


696 


AMERICAN  BASTILE. 


we  have  inherited  as  American  citizens.  More  than  this,  as 
members  of  the  Legislature  of  Maryland,  we  have  been  unlaw- 
fully  withdrawn  from  the  performance  of  our  official  duties,  in 
derogation  of  the  constitutional  rights  of  our  State  and  her  peo- 
ple. To  tell  us,  after  all  this,  that  our  'case'  has  not  even  been 
inquired  into,  thus  far,  and  that  it  will  not  even  now  be  made 
the  subject  of  inquiry,  by  the  Government  at  whose  hands  we 
have  suffered  so  much  wrong,  unless  we  will  first  submit  to  con- 
ditions as  unlawful  and  arbitrary  as  our  arrest  and  imprisonment, 
is  to  offer  to  each  of  us  an  insult,  which  we  should  forfeit  our 
self-respect  if  we  did  not  repel. 

u  If  we  are  accused  of  having  committed  any  offence  known  to 
the  law,  we  are  entitled  to  be  lawfully  and  publicly  charged  there- 
with and  to  be  tried  —  not  by  you,  nor  by  the  Secretary  of  State  — 
but  by  the  constituted  tribunals  of  the  district  from  which  we 
have  been  violently  and  illegally  removed.  If  we  have  been 
guilty  of  no  crime  against  the  law,  we  are  entitled  to  be  dis- 
charged, without  any  terms  or  conditions ;  and  the  Secretary  of 
State — if  you  really  represent  him  —  is  only  visiting  us  with  an 
additional  outrage,  by  attempting  to  impose  such  upon  us. 
"We  are  your  obedient  servants, 

E.  G.  Kilbourn,  Wm.  G.  Harrison, 

S.  Teackle  Wallis,  Henry  M.  Warfield, 

T.  Parkin  Scott,  J.  Hanson  Thomas." 

The  reasons  which  influenced  the  parties  to  the  foregoing 
document  were  the  same  that  operated  upon  all  those  who 
declined  to  make  any  compromise  with  the  Administration. 
AVe  still  felt,  in  addition  to  our  own  sense  of  personal  wrong, 
that  the  cause  of  constitutional  liberty  in  our  State  was  at 
stake,  and  that,  as  far  as  our  efforts  would  avail,  we  were 
bound  to  defend  it.  A  refusal  to  acquiesce  in  the  proceed- 
ings by  which  the  Government  had  outraged  the  people  of 
Maryland,  was  the  only  mode  of  resisting  arbitrary  power 
that  was  left  to  us,  and  we  had  no  hesitation  in  adhering  to 
our  course.  But  while  we,  in  Fort  Warren,  were  thus  en- 
deavoring to  discharge  what  we  felt  to  be  our  duty  in  such 
an  exigency,  we  were  hopefully  looking  to  those  who  were 
differently  situated  to  support  us    Armed  resistance  on  the 


FRANK    KEY  HOWARD. 


697 


\  irt  of  the  people  of  our  State  would,  we  well  knew,  have 
L^eu  utterly  vain ;  but  we  hoped  there  would,  at  least,  be  a 
continual  and  vigorous  assertion  of  their  rights  from  all 
whose  position  gave  them  any  influence,  or  any  opportunity 
of  making  themselves  heard.  AVe  thought  it  possible  that 
when  Congress  met,  it  might  manifest  a  disposition  to  compel 
Mr.  Lincoln  to  surrender  the  power  he  had  usurped,  and 
conform  thenceforth  to  the  plain  dictates  of  the  Constitution 
and  the  laws.  In  this  we  were  disappointed.  Some  few 
brave  and  honest  men  manfully  denounced  the  course  of  the 
Administration,  but  an  overwhelming  majority  of  both 
Houses,  while  uttering  unmeaning  platitudes  about  our 
"free  Government,"  our  "  indestructible  Constitution,"  and 
our  M  inalienable  rights,"  subserviently  supported  every  des- 
potic and  infamous  act  of  Mr.  Lincoln  and  his  advisers. 
Others  held  their  peace. 

After  the  Proclamation  of  February  14th  (see  Executive 
Orders,  Xos.  1  and  2,  Appendix)  was  issued,  Colonel  Dimick 
was  authorized  to  release  a  number  of  persons  upon  their 
signing  a  parole  not  to  give  "  aid  or  comfort  to  the  enemies 
in  hostility  to  the  United  States  ;"  and  some  weeks  after  the 
appointment  of  Mr.  Stanton's  commission,  orders  were  received 
for  the  release  of  other  parties  upon  the  same  conditions.  A 
number  still  refused  to  accept  the  proffered  terms.  Two  of 
them,  Messrs.  Wm.  H.  Gatchell  and  Wm.  G.  Harrison,  gave 
their  reasons  for  so  refusing,  in  the  following  letters  to  Mr. 
Stanton : 

"Fort  Warren,  February  22,  1S62. 
u  Hon.  E.  M.  Stanton,  Secretary  of  War : 

"  Sir:  I  have  been  arrested  and  imprisoned  for  nearly  eight 
months,  in  violation  of  the  Constitution  and  laws  of  the  United 
States,  having  never  committed  any  offence  against  either. 

"I  am  not,  in  any  legitimate  sense,  the  subject  of  an  amnesty. 
That,  as  I  have  always  understood,  is  an  offer  of  pardon  by  the 
offended  to  the  offending  party.  The  proclamation  and  the  parole 
are  to  be  taken  together,  and  they  reverse  the  order  of  things. 

"i  cannot  consent  to  any  terms  which  even  seem  to  justify 


698 


AMERICAN  BASTILE. 


the  action  of  the  Government  toward  me,  oi  will  place  m©  in 
any  different  condition  from  all  other  free  citizens. 
11  Your  obedient  servant, 

Wm.  H.  Gatchell." 

"  Fort  Warren,  February  22,  1882. 
M  Hon.  Edwin  M.  Stanton,  Secretary  of  War  : 

"  Sir :  As  a  member  of  the  Legislature  of  Maryland,  1  was 
taken  from  my  dwelling-house,  at  midnight  of  the  12th  of  Sep- 
tember last,  by  the  military  police  of  the  city  of  Baltimore,  and 
have  since  been  incarcerated  in  several  prisons,  and  now  nearly 
four  months  in  this  one,  Fort  Warren.  I  was  told  my  arrest 
was  by  orders  from  Washington.  I  refused  any  release,  except 
an  unconditional  one,  because  T  will  not  seem  even  to  acquiesce 
in  an  act  which  has  violated  one  of  the  most  sacred  bonds  of  our 
Government.  (Vide  Article  4th,  Amendments  to  the  Constitu- 
tion.) I  have  been  arrested  in  defiance  of  law,  punished  without 
charge  of  crime,  or  trial  and  judgment  of  my  peers,  and  I  will 
not  sanction  the  insinuation  which  a  parole  affords,  that  any 
charge  has  been  made  or  proved,  warranting  what  has  been 
done.  Respectfully, 

W.  G.  Harrison/' 

As  I  saw,  from  the  Proclamation  and  Order  of  the  new 
Secretary  of  War,  that  he  intended  to  deal  with  us  arbitra- 
rily, instead  of  justly,  I  did  not  think  it  necessary  to  await 
propositions  which  I  could  not  accept,  and  which  might  not 
even  be  offered  to  me.  I  had  never  made  any  statement  of 
my  wrongs,  nor  had  I  individually  forwarded  any  remon 
strance  against  my  arrest  to  the  Government,  and  I  therefore 
took  that  occasion  to  put  my  case  upon  the  records  of  the 
Department,  and  sent  this  letter  to  Mr.  Stanton : 

"  Fort  Warren,  Mass.,  March  3,  1862. 
14  Hon.  Edwin  M.  Stanton,  Secretary  of  War : 

"  Sir:  For  six  months  past,  I  have  been  detained  in  close  cub* 
tody  in  one  or  other  of  the  Forts  of  the  United  States.  I  am,  1 
believe,  termed,  in  the  novel  language  of  the  day,  a  4  political 
prisoner,'  or  'prisoner  of  state.'  Until  recently,  I  have  been 
held  subject  to  the  order  of  the  Secretary  of  State,  but  now  ] 


FRANK    KEY  HOWARD. 


699 


understand  that  I  am  special!}  in  charge  of  the  War  Depart- 
ment.  You,  therefore,  are  respcnsible  for  my  further  detention. 
Under  these  circumstances,  it  is  proper  that  1  should  place  upon 
record,  in  your  office,  a  statement  of  the  wrongs  done  me,  and  a 
demand  for  an  instant  and  unconditional  release. 

"On  the  night  of  the  12th  of  September,  1861,  between  twelve 
and  one  o'clock,  I  was  made  prisoner  in  my  own  house,  in  Balti- 
more, by  a  band  of  armed  men,  who,  although  they  showed  no 
warrant  or  authority  for  their  proceedings,  professed,  and  I 
have  no  doubt  truly,  to  be  acting  under  the  orders  of  Mr.  Sew- 
ard, the  Secretary  of  State.  My  house  was  searched  from  garret 
to  cellar — my  private  papers  ransacked,  and  most  of  them,  as 
far  as  I  can  learn,  were  carried  off.  I  was  kept  for  an  hour  or 
more  a  prisoner  in  my  own  parlor — armed  men  being  stationed 
throughout  my  house,  and  even  at  the  door  of  my  children's 
chamber,  while  this  search  was  proceeding.  I  will  not  comment 
further  upon  the  indignities  then  put  upon  me.  I  was  finally 
carried  off  to  Fort  McHenry,  leaving  my  house  in  possession  of 
the  myrmidons  who  had  invaded  it,  and  who  refused  to  allow 
me  to  send  for  my  wife's  father  or  brother,  who  were  in  the 
immediate  neighborhood,  and  to  whom  alone  my  family,  at  such 
a  moment,  could  look  for  protection.  I  was  detained  at  Fort 
McHenry  during  the  following  day,  and  then  transferred  to  Fort- 
ress Monroe.  At  this  latter  post  I  was  confined  a  close  prisoner, 
with  fourteen  other  gentlemen,  for  ten  days,  none  of  us  having 
been  suffered  to  leave  for  an  instant  the  two  casemates  which 
were  there  assigned  to  us.  So  rigid  was  our  imprisonment,  that 
the  very  windows  and  doors,  through  which  we  could  look  out 
on  the  parade  ground,  were  closed  and  padlocked.  I  was  then 
carried,  with  my  companions,  to  Fort  Lafayette.  At  this  latter 
post  no  provision  whatever  had  been  made  for  our  reception, 
and  no  decent  accommodations  were  at  any  time  provided.  I 
slept  in  the  dark,  cold  gun-battery  in  which  I  was  quartered, 
upon  a  bag  of  straw,  until  I  procured  bedding  from  New  York ; 
and  during  my  whole  stay  I  was  compelled  to  pay  for  my  meals, 
as  I  could  not  have  eaten  the  wretched  rations  offered  me  by  the 
commanding  officer.  On  the  1st  of  November  last,  I  was  brought 
to  this  place  on  an  over-crowded  and  filthy  steamer,  which  was 
insufficiently  supplied  even  with  the  miserable  pork  and  bread 


700 


AMERICAN  BASTILE. 


provided  for  our  subsistence.  But  for  the  fact  that  1  had  brought 
rny  bedding  wit'j  me,  I  should  have  been  forced,  like  many  of 
my  companions,  to  sleep  for  two  weeks  after  my  arrival  here 
upon  the  bare  floor,  and  without  a  single  blanket  to  cover  me 
Such  is  a  brief  statement  of  the  treatment  to  which  I  have  been 
subjected. 

"  From  the  moment  of  my  arrest  down  to  this  hour,  no  charge 
of  any  sort  has  been  preferred  against  me,  and  none  can  be 
alleged  or  established,  for  1  have  not  violated  any  law  whatever. 
State  or  Federal.  I  was,  as  you  may  perhaps  be  aware,  one  of 
the  Editors  of  the  'Daily  Exchange,'  a  morning  journal  pub- 
lished in  Baltimore.  In  that  paper  I  had  expressed  my  politi- 
cal opinions  without  reserve.  I  had,  a  year  ago,  advocated  the 
adoption  of  some  compromise  by  Congress  which  should  stay  the 
then  threatened  rupture  between  the  North  and  South.  I  had 
subsequently  deprecated  any  attempt  to  coerce  the  South,  on  the 
ground  that  it  would  only  render  the  separation  of  the  two  sec- 
tions inevitable  and  final.  I  asserted  that  war  would  leave  the 
country  in  a  worse  condition  than  it  found  it;  and,  as  it  would 
entail  upon  us  an  enormous  debt,  I  felt  it  to  be  my  duty  to  resist, 
and  I  did  resist  its  initiation.  I  was  .unable  to  see  how  the 
Union  could  be  preserved  if  a  large  majority  of  the  Southern 
people  were  bent  upon  a  separation,  and  I  said  so.  I  was  unable 
to  comprehend  how  the  President  could,  from  the  injunction 
which  commanded  him  to  see  that  the  laws  were  faithfully  exe- 
cuted, derive  authority  to  supersede  and  violate  the  fundamental 
laws  of  the  land,  and  I  said  so.  I  was  equally  unable  to  see  how, 
upon  the  theory  of  upholding  the  Constitution,  I  was  under  an 
obligation  to  support  those  who  were  daily  manifesting  their 
contempt  for  all  its  provisions — nor  could  I  conceive  how  this 
Government  had  any  existence  whatever  outside  of  the  charter 
which  established  it.  All  these  political  opinions  I  had  the  abso- 
lute right  to  entertain  and  promulgate.  I  choose  to  refer  to  them 
here,  because  they  constitute  the  offences  for  which  I  am  under 
going  punishment.  Notwithstanding  the  fact  that  many  thou- 
sands of  persons  in  the  Northern  States  had  entertained  and 
expressed  these  views  within  a  twelvemonth,  the  Administration 
determined  that  it  was  criminal  in  me  to  continue  to  hold  and 
ntter  them,  and  has,  therefore,  arbitrarily  inflicted  upon  me  the 
indignities  and  wrongs  which  I  have  mentioned. 


FRANK    KEY  HOWARD. 


701 


"Although  no  direct  offer  has  been  made  to  me  to  release  me 
apon  any  terms  whatsoever,  I,  nevertheless,  presume  that  mino 
was  one  of  the  cases  which  either  your  Proclamation  of  Feb- 
ruary 14th,  or  your  Order  of  February  27th,  was  intended  to 
cover.  Now,  as  I  cannot  accept  a  conditional  discharge,  coupled 
with  a  gracious  amnesty  for  offences  which  it  is  assumed  I  have 
committed,  and  as  I  must  equally  refuse  to  appear  at  the  bar  of 
an  irresponsible  tribunal  to  justify  my  right  to  the  ordinary 
privileges  of  a  citizen  of  Maryland,  it  is  due  to  myself,  at  least, 
that  I  should  state  the  reasons  which  impel  me  to  the  course  1 
shall  pursue.  To  the  principles  which  govern  my  action  now  1 
shall  appeal,  when  in  the  future  I  seek  redress  and  enter  upon 
my  own  vindication.  It  must  be  obvious  to  you,  sir,  that  I  can- 
not, consistently  with  my  own  self-respect,  accept  any  such  con- 
ditional  release  as  is  referred  to  in  your  Proclamation,  or  avail 
myself  of  such  amnesty.  As  I  was  despotically  deprived  of  my 
freedom,  I  can  make  no  compromise  to  regain  it.  As  I  am 
punished  merely  for  venturing  to  dissent  from  the  theories  and 
policy  of  the  Administration,  I  need  and  will  ask  no  pardon. 
Nor,  even  if  I  should  accept  the  terms  mentioned,  would  I  have 
any  security  that  I  would  not,  immediately  after  my  release,  br) 
again  subjected  to  precisely  similar  outrages  to  those  which  have 
already  been  inflicted  upon  me.  As  the  Administration  has  once 
determined  that  I,  by  expressing  my  political  sentiments,  was 
giving  *  aid  and  comfort  to  the  enemies  in  hostility  to  the  United 
States,'  I  could  only  escape  a  re-arrest  by  consenting  to  forego 
or  conceal  my  opinions.  This  I  will  never,  for  one  instant,  do. 
I  deem  it  to  be  my  bounden  duty  to  defend,  to  the  last,  every 
privilege  and  right  to  which,  as  an  American  citizen,  I  was  born; 
and  I  shall  do  so  until  I  am  deprived  of  these  by  some  kn<nvu 
and  fair  process  of  law. 

"Nor  can  you  fail  readily  to  comprehend  why  I  decline  to 
submit  myself  to  the  jurisdiction  of  the  strange  tribunal  which 
is  organized  under  your  order  of  February  27th.  I  recognise 
no  such  judges  of  my  guilt  or  innocence,  of  my  loyalty  or  dis 
loyalty,  under  the  Constitution  or  laws  of  this  land.  The  Courts, 
both  State  and  Federal,  are  in  the  unobstructed  exercise  of  their 
several  functions  in  Maryland ;  and  they  could,  long  since,  have 
examinea  and  disposed  of  any  charge  which  might  have  been 
preferred  against  me.    In  them,  and  in  them  only,  will  I  meet 


702 


AMERICAN  BASTILE. 


any  accusation-  and,  while  they  are  closed  to  my  demand  for 
justice,  I  shall  Jecline  to  defend  myself  before  any  Star-chambor 
commissioners  whomsoever. 

Such,  sir,  are  the  motives  of  my  present  action  ;  and  as  tho 
rights  which  I  seek  to  uphold  are  not  dependent  upon  the  alleged 
necessities  of  the  Administration,  or  upon  the  fate  of  battles,  ray- 
convictions  cannot  be  affected  by  the  supposed  exigencies  of  the 
one,  or  the  results  of  the  other.  I  shall  continue,  then,  to  vindi- 
cate them,  as  I  best  may,  with  the  consciousness  that,  after  the 
delusions,  the  falsehoods,  and  the  passions  of  the  hour  shall  have 
passed  away,  my  course  will  be  approved  by  every  honest  man 
who  has  been  educated  in  the  knowledge  of  the  privileges  and 
duties  of  an  American  freeman.  I  have  only  now  to  demand,  at 
your  hands,  a  prompt  release  from  the  imprisonment  to  which 
I  am  so  unjustly  and  arbitrarily  subjected. 
"  I  remain  your  obedient  servant, 

F.  K.  Howard." 

The  only  notice  taken  of  this  communication  was  the  fol- 
lowing note  from  the  Adjutant-General : 

"War  Department, 
Washington  City,  D.  C,  March  10,  1862. 
"To  Colonel  Justin  Dimick,  Fort  Warren,  Boston,  Massachusetts: 
"  Colonel:  I  will  thank  you  to  inform  Mr.  Frank  Key  Howard 
that  his  letter  of  the  3d  instant  has  been  duly  received,  and  that 
his  case  has  been  referred  to  the  Commissioners  named  in  the 
within  order. 

"  By  order  of  the  Secretary  of  War. 

L.  Thomas,  Adjutant  General." 

With  this  letter  was  forwarded  a  printed  copy  of  Mr. 
Stanton's  order  of  February  27th.  The  views  of  all  those 
who  had  refused  to  accept  any  conditional  discharge  were,  in 
the  main,  those  set  forth  in  the  above  letter  to  Mr.  Stanton. 

Our  time  at  Fort  \7arren,  as  at  our  previous  places  of 
imprisonment,  passed,  as  may  be  supposed,  monotonously 
enough.  Living,  as  we  did,  in  over-crowded  apartments,  it 
was  impossible  to  read  or  write  with  any  satisfaction.  Re 
atricted,  as  we  were  for  many  months,  to  our  quarters,  or  to 


FRANK    KEY  HOWARD. 


703 


a  narrow  strip  of  ground  in  front  of  them,  we  could  derive 
little  pleasure  from  exercising  in  the  open  air.  To  pace  up 
and  down  within  these  contracted  limits,  where  nothing  waf-. 
to  be  seen  but  the  dull  gray  walls  of  our  prison,  was  not  a 
cheerful  or  invigorating  mode  of  exercise.  As  month  after 
month  dragged  wearily  on,  our  hopes  of  release  grew  fainter 
and  fainter;  and,  though  we  seldom  permitted  ourselves  to 
talk  despondingly  to  each  other,  we  did  not  think  the  less 
bitterly  about  the  homes  we  had  left  and  the  indignities  we 
had  endured. 

At  Fort  Warren,  the  soldiers  of  the  garrison  differed,  we 
were  glad  to  find,  from  their  comrades  at  Fort  Lafayette. 
While  the  latter  were  incapable  of  delivering  a  message,  or 
of  giving  the  simplest  order,  save  in  a  manner  at  once  in- 
solent and  brutal,  the  former  were  uniformly  good-natured 
and  civil.  Colonel  Dimick,  the  Commandant  of  the  Post, 
discharged  his  disagreeable  office  in  a  way  to  which  we  could 
take  no  exception,  and  none  of  us,  in  any  interview  with  him, 
ever  found  him  otherwise  than  courteous  and  kind.  As  far 
as  lay  in  his  power,  he  left  nothing  undone  to  promote  our 
comfort. 

On  the  19th  of  April,  an  order  was  issued  giving  us  per 
mission  to  walk,  between  1  o'clock  p.m.  and  sunset,  upon 
that  portion  of  the  ramparts  immediately  over  our  quarters. 
The  space  thus  assigned  us  was  just  the  length  of  that  to 
which  we  had  been  limited  upon  the  parade  ground,  that  is, 
about  three  hundred  feet.  This  extension  of  our  bounds 
was  an  infinite  relief  to  us,  as  from  the  ramparts  we  had  a 
view  of  the  bay  and  the  surrounding  shores. 

The  unwillingness  of  the  War  and  State  Departments  to 
grant  passes  to  persons  desirous  of  visiting  any  prisoner, 
may  be  judged  from  the  following  note  from  Mr.  Seward  to 
Rev.  Mr  Hitselberger,  a  Catholic  priest  residing  in  Boston. 
He  had  applied,  at  the  request  of  Mr.  T.  Parkin  Scott,  for  a 
permit  to  enable  him,  as  a  priest,  iO  visit  the  latter,  and  re- 
ceived this  rer/y : 


704 


AMERICAN  BASTILE. 


'•Department  of  State, 
Washington,  November  20,  1561. 
•To  the  Rev.  A.  L.  Hitselberger, 

Boston  College.  Harrison  Avenue,  Boston: 
"Sir:  I  have  to  acknowledge  the  receipt  of  your  note  of  tha 
i5th  instant,  with  a  copy  of  that  which  you  addressed  to  Colo- 
nel Dimick.  on  the  15th  of  November.  This  Department  having 
adopted  a  rule  which  precludes  all  visits  to  political  prisoners, 
even  from  ministers  of  the  Gospel  —  of  any  denomination  —  has 
hitherto  strictly  observed  it. 

If.  however,  the  persons  themselves  sLa'ii,  in  the  event  of  sick- 
ness, or  any  o:her  reasonable  cause,  require  th»  services  of  their 
spiritual  advisers,  the  rule  would  be  relaxed  ip  favor  of  any  one 
*f  undoubted  loyalty. 

••  I  am,  sir,  your  obedient  servant, 

"William  FI.  Seward." 

It  was  not  until  April  that  Mr.  Hitselt  er^e*  succeeded  in 
obtaining  a  pass  to  visit  Fort  Warren. 

General  Bix  and.  Judge  Pierrepont,  who  had  "been  appointed 
Commissioners  to  examine  the  cases  of  "state  prisoners"  by 
Mr.  Stanton's  order  of  February  27,  arrived  at  Fort  Warren, 
May  7,  IS 6 '2.  They  were  engaged  about  five  hours  in  dis- 
posing of  these  "  cases.''  Their  ;* examination  "  consisted  in 
asking  ODe  or  two  simple  questions  no  way  touching  any 
crime  or  offence  known  to  the  laws,  and  in  offering  to  release, 
on  parole,  most  of  the  parties  called  before  them.  Several 
persons  were  released  on  some  special  grounds  which  distin- 
guished their  ••cases"  from  those  of  the  strictly  ki  political 
prisoners,"  who  unanimously  rejected  the  proposals  of  the 
Commissioners.  The  latter  did  not  attempt  to  ray  that  the 
Government  had  any  specific  charges  to  prefer  against  those 
on  whom  it  wished  to  impose  conditions.  That  these  pris- 
oners had  been  confined  simply  because  their  opinions  were 
in  opposition  to  those  of  the  members  and  partisr  os  of  the 
Administration,  was  tacitly  conceded  by  the  Comr  issionera 
in  their  so-called  examination. 

The  following  is  a  memorandum  of  the  interview  ^tween 


FRANK    KEY  HOWARD. 


705 


Mr.  W m.  H.  Gatchell  and  Mr.  Stanton's  Commissioners.  It 
was  drawn  up  by  Mr.  Gatchell,  a  few  hours  after  his  "  exam- 
ination." 

"As  I  entered  the  room  in  which  the  Commissioners  held  their 
meeting,  General  Dix  advanced  with  his  hand  extended,  saying, 
•Good  morning,  Mr.  Gatchell.'  I  declined  the  proffered  hand, 
remarking,  'Excuse  me,  sir,  if  you  please/  In  a  very  short  time, 
Judge  Pierrepont  observed,  'I  really  forget,  Mr.  Gatchell, 
whether  you  have  been  offered  the  parole  or  not,  heretofore.'  I 
replied,  that  'I  had  been,  and  that  I  had  declined  it,  for  the  rea- 
sons stated  in  my  answer  to  the  Secretary  of  War,  which  I  sup- 
posed he  had  seen.'  He  said  he  'had  not  seen  that  answer.'  I 
told  him  that  'I  would  furnish  the  Commissioners  with  a  copy, 
that  they  might  understand  the  grounds  on  which  I  placed  my 
refusal  to  accept  it.'  I  was  then  asked  'whether  I  continued 
of  the  same  mind?'  I  answered,  'Certainly/  Then,  said  he, 
'For  the  present,  we  have  nothing  more  to  do  with  your  case.' 

"I  then  turned  to  General  Dix  and  said :  'At  the  time  we  left 
Fort  McHenry  for  Fort  Lafayette,  you,  sir,  assured  our  families 
and  ourselves  that  our  treatment  there  should  be  as  comfortable, 
if  not  more  so,  than  at  Fort  McHenry;  instead  of  which,  for  the 
first  thirty  days  we  were  there,  we  were  treated  like  brutes  — 
that,  but  for  the  fact  of  our  having  taken  our  bedding  with  us, 
we  should  have  been  obliged  to  sleep  upon  the  bare  floor,  and  for 
fifteen  days  we  had  not  a  chair  to  sit  upon.'  He  said,  '  I  could 
not  know  what  the  condition  of  things  was  at  Lafayette.'  1 
replied,  'You  ought  to  have  known  before  you  made  the  promise, 
particularly  as  we  were  sent  there  by  your  orders/  He  then 
said,  '  Mr.  Gatchell,  nobody  knows  better  than  you  that  what  1 
did  was  by  orders  from  my  Government.'  'Yes,'  I  replied,  'but, 
as  commander  of  a  military  department,  those  orders  must  have 
been  suggested  by  you,  or  adopted  with  your  advico  and  con 
sent/" 

The  reasons  why  the  gentlemen  then  in  Fort  TVarreL 
refused  to  give  the  required  parole,  have  already  been  ad 
verted  to.  Four  of  us,  Messrs.  Scott,  TValhs,  my  father 
and  myself,  whom  the  Government  had  not,  openly— or 
•ecretly,  so  far  as  we  knew  —  charged  w;th  any  illegal  act, 
45 


AMERICAN  BASTILE. 


were  not  summoned  before  the  Commissioners.  Our  "  cases  " 
were  theiefore  not  "  examined,"  nor  were  we  offered  our  lib- 
erty on  any  terms.  Colonel  Kane,  against  whom  the  Govern- 
ment had  managed  to  procure  au  indictment  for  treason  and 
who  had  been  carried  out  of  the  State  immediately  afterward, 
remained  unnoticed  also.  He  had  been  removed  hundreds 
of  miles  away  from  the  place  where  it  was  alleged  he  had 
committed  a  crime,  and  though  for  nine  months  the  Govern- 
ment had  failed  to  bring  him  to  trial,  the  Commissioners 
suffered  his  case,  also,  to  pass  unexamined.  To  Mr.  Brown, 
the  Mayor  of  Baltimore,  General  Dix  said  that  all  parties  in 
Baltimore  bore  testimony  to  his  personal  integrity,  and  that 
the  Government  recognized  his  fidelity  in  his  intercourse  with 
it ;  and  he  then  offered  to  release  him,  provided  he  would 
resign  his  office.  Mr.  Brown  replied  that  he  was  in  the  power 
of  the  Government,  and  submitted  only  because  he  could  not 
help  himself,  but  he  peremptorily  refused  General  Dix's  pro- 
position to  resign  his  office,  remarking  that  to  do  so  would 
be  to  forfeit  his  own  self-respect.  Comment  on  this  infamous 
and  insolent  proposal  is  needless. 

An  article  which  appeared  in  the  Baltimore  "  American  M 
on  the  15th  of  May,  furnished  conclusive  evidence  of  the 
spirit  in  which  the  Commissioners  had  acted.  The  principal 
Editor  and  proprietor  of  that  journal  was  Mr.  Charles  C.  Ful- 
ton, a  man  who  had  been  for  years  the  apologist  of  every 
species  of  fraud  and  violence  which  had  been  perpetrated  to 
advance  the  ends  and  interests  of  his  party  or  himself,  and 
who  was  at  that  time  the  subservient  dependant  of  General 
Dix  and  General  Dix's  master.  As  his  account  of  t  he  visit 
of  the  former  to  Fort  Warren  was  mainly  correct,  so  far  as 
the  facts  therein  stated  were  concerned,  it  may  be  fairly  pre- 
sumed that  he  received  it  from  one  of  the  Commissioners  01 
their  clerk.    In  that  article  it  was  said : 

"  We  understand  that  the  prisoners  not  examined  were  Messrs. 
S.  Teackle  Wallis,  T.  Parkin  Scott,  Charles  Howard,  F.  Key 
Howard,  and  George  P.  Kane,  all  of  this  city.  The  reason  why 
no  examination  was  made  in  these  cases  is  understood  to  havo 


FKAHK    KEY  HOWARD. 


707 


tten  tli    conviction,  on  the  part  of  the  Commissioners,  that  they 
ought  not  to  be  permitted  to  return  to  Baltimore,  on  any  condi- 
tion, while  the  class  of  citizens  here  of  which  they  are  a  type 
keep  up  an  unrelenting  hostility  to  the  Government  —  provoki: 
most  justly,  a  hostile  feeling  toward  them  on  the  part  of  the 

Union  men  of  this  city  That  the  feeling  of  hostility  to 

which  we  hare  alluded  has  been  fostered  and  imbittered  by  the 
vindictiveness  of  the  secession  women  of  Baltimore,  there  can  be 
no  doubt;  and  to  them  is  due  —  in  a  great  degree,  at  least— as 
prime  movers  of  disloyalty,  the  continued  imprisonment  of  their 
friends." 

It  is  manifest,  from  these  extracts,  that  the  "  hostile  feel- 
ing" of  Mr.  Lincoln's  partisans  toward  us  was  one  of  the 
reasons  why  the  outrage  done  us  remained  unredressed ; 
and  a  disposition  to  inflict  vicarious  punishment  on  the 
women  of  Baltimore  was  another  of  the  manly  and  just 
motives  operating  upon  General  Dix.  On  May  9th,  Colonel 
Dimick  enlarged  our  bounds.  "We  had  permission,  from  that 
time,  to  walk  where  we  pleased,  both  inside  and  outside  of 
the  fortress,  on  giving  our  parole  not  to  attempt  to  pass 
beyond  the  line  of  sentinels  who  were  stationed  along  the 
shore.  Our  parole,  also,  required  us  not  to  communicate  with 
the  shore,  or  with  any  one  who  might  land  on  the  island, 
and  not  to  talk  to  the  soldiers  of  the  garrison,  or  to  discuss 
political  matters  in  their  hearing. 

On  Saturday,  May  24th,  Colonel  Dimick  notified  us  that 
the  "  political  prisoners  "  were  to  be  sent  back  to  Fort  La- 
fayette. We  regarded  this  as  indicating  a  determination  on 
the  part  of  the  Government  to  subject  us  to  all  such  indig- 
nities or  punishment  as  it  was  in  its  power  to  inflict.  That 
the  Government  itself  considered  Fort  Lafayette  as  peculiar!  v 
a  place  of  punishment,  was  made  evident  by  an  order  which 
was  received,  at  the  same  time,  for  the  transfer  of  certain 
other  persons  to  the  same  Fortress.  A  number  of  prisoners 
of  war,  who  had  been  taken  in  the  battle  below  Xew  C  deans, 
had  reached  Fort  Warren  but  two  days  before.  Among 
them  were  six  officers  of  the  steam-battery  Louisiana,  which 
they  had  blown  up  rather  than  suffer  it  to  fall  into  the  hands 


AMERICAN  BASTILE. 


of  the  Federal  forces.  For  this  reason,  the  Government  chose 
to  regard  them  as  meriting  severe  treatment.  On  their  arrival, 
they,  like  all  other  Confederate  officers,  were  allowed  the 
li  berty  of  the  Island  npon  their  parole.  "With  the  order  for 
oar  transfer  to  Fort  Lafayette,  came  another,  directing  that 
these  officers  should  not  be  regarded  as,  nor  receive  the  ordi- 
nary treatment  of,  prisoners  of  war,  and  that  they  should  be 
sent  to  Fort  Lafayette  with  us.  Their  parole  was  instantly 
revoked,  and  they  were  placed  under  all  the  restrictions  to 
which  we  had  so  long  been  subjected.  It  was  thus  made 
manifest  that  the  Government  was  fully  aware  of  the  spe- 
cially painful  character  of  the  imprisonment  which  the  un- 
happy captives  in  Fort  Lafayette  were  compelled  to  endure. 

On  Monday,  the  26th,  Colonel  Dimick  received  a  despatch, 
informing  him  that  Fort  Lafayette  was  already  full  to  reple- 
tion, and  ordering  him  to  retain  us,  for  the  time,  at  Fort 
Warren.  That  morning,  the  public  had  been  made  aware  of 
the  fact  that  General  Banks  had  been  driven  by  General 
Jackson  across  the  Potomac,  in  great  confusion.  A  special 
despatch  had  been  received  at  Fort  Warren  to  the  same 
effect,  during  the  previous  night,  and  the  garrison  left  that 
day,  in  great  haste,  for  Washington.  Probably,  the  Govern- 
ment had,  for  some  time,  more  important  matters  to  think 
about  than  the  punishment  of  "  political  prisoners,"  for  we 
heard  no  more  of  any  orders  for  our  removal.  On  Thursday, 
July  31st,  the  prisoners  of  war  then  in  Fort  Warren,  some 
two  hundred  in  number,  left  on  a  steamer  for  James  River, 
where  they  were  to  be  exchanged.  After  their  departure, 
there  were  but  fourteen  "  political  prisoners 99  left  in  Fort 
Warren. 

On  the  afternoon  of  the  12th  of  November,  my  father 
received  a  telegraphic  despatch,  informing  him  of  the  "  ex- 
treme illness"  of  my  sister.  At  the  same  time,  Colonel 
Dimick  notified  him  that  he  was  authorized  to  release  him 
upon  his  parole  to  return  to  Fort  Warren  at  the  expiration 
of  a  limited  period,  and  to  commit  no  act  of  hostility,  in  the 
mean  time,  against  the  Government.    This  was  one  of  those 


FRANK    KEY  HOWARD. 


700 


few  cases  in  which  we  had  ah  agreed  that  it  would  be  our 
duty  to  accept  a  temporary  release.  Colonel  Dimick  deeired 
to  extend  this  parole  to  thirty  days;  but  my  father  stated 
his  unwillingness  to  remain  in  Baltimore,  under  any  condi- 
tions whatsoever,  any  longer  than  might  be  absolutely  neces- 
sary, and  gave  a  parole,  therefore,  to  return  to  Fort  Warren 
it  twenty  days.  The  friends  who  had  procured  for  him  this 
temporary  release  had  applied  for  one  for  me  also,  but  of 
this  application  no  notice  was  taken.  Had  I  been  then  per- 
mitted, I  should  have  thought  it  proper  for  me  to  go  home. 
On  the  evening  of  the  14th,  I  received  a  message  from  my 
father,  dated  in  the  morning,  informing  me  that  my  sister's 
end  was  rapidly  approaching.  At  the  same  time,  Colonel 
Dimick  told  me  he  was  authorized  to  release  me  on  parole. 
I  subsequently  learned  that  this  order  to  him  was  the  result 
of  a  renewed  application  on  my  behalf.  But  it  came  too  late, 
and  there  were  no  longer  any  reasons  moving  me  to  take  ad- 
vantage of  it,  save  such  as  were  purely  personal  to  myself 
A  few  moments'  reflection  satisfied  me  that,  under  such  cir- 
cumstances, I  ought  not  to  deviate  from  my  course.  I,  there- 
fore, declined  to  accept  the  temporary  and  conditional  release 
which  Mr.  Stanton  had  so  tardily  offered  me.  While  my 
father  was  at  home,  Colonel  Dimick  proposed  to  extend  the 
time  of  his  stay  indefinitely,  and  to  receive  his  simple  pled  go 
to  return  to  Fort  Warren  when  so  ordered,  without  exact- 
ing from  him  any  other  conditions  whatsoever,  thus  leaving 
him,  in  all  other  respects,  perfect  freedom  of  action.  My 
father  declined,  however,  to  take  into  consideration  any  fur- 
ther proposition  looking  to  his  discharge,  temporarily  or  per- 
manently, upon  any  terms  whatsoever,  and  notified  Colone* 
Dimick  that  he  would  be  at  Fort  Warren  on  the  3d  of 
December,  the  day  when  his  parole  would  expire. 

On  the  24th  of  November,  an  order  of  the  War  Depart- 
ment, dated  November  22,  relating  to  the  discharge  of  pris- 
oners who  had  been  arrested  for  interfering  with  the  draft, 
etc.,  appeared  in  the  Boston  papers.  Though  the  order  did 
not  refer  directly  to  persons  in  our  situation,  still  there  was 


710 


AMERICAN  BASTILE. 


bo  much  ambiguity  in  its  language  that  it  was  not  clear 
whether  it  might  not  he  intended  to  include  us.  On  the 
same  afternoon,  Colonel  Dimick  received  this  despatch  • 

"Washington,  November  24,  11.50  a.m. 
u  Commanding  Officer,  Fort  Warren,  Boston  : 

"  None  of  the  prisoners  confined  at  your  post  will  be  released 
under  order  of  the  War  Department  of  the  22d  instant,  without 
special  instructions  from  the  Department.  By  order  of  the 
Secretary  of  War. 

E.  D.  Townsend,  A.  A.  G." 

I  had  not  myself  thought  that  the  order  of  November  22 
would  affect  us,  though  some  of  my  companions  were  of  a 
different  opinion.  The  above  despatch  to  Colonel  Dimick 
effectually  banished  from  the  minds  of  most  of  them  any 
doubts  upon  the  point. 

Late  in  the  afternoon  of  the  26th  of  November,  1862, 
Colonel  Dimick  entered  our  quarters  and,  with  a  manifesta- 
tion of  much  pleasure  and  good  feeling,  announced  to  us  that 
our  captivity  was  ended.  He  had  just  received  a  telegram 
from  Washington  ordering  our  release,  and  containing  no 
suggestion  about  terms  or  conditions.  He  furnished  us,  the 
uext  morning,  at  our  request,  with  the  following  certificate  : 

"Fort  Warren,  Boston  Harbor,  November  27,  1862. 

George  P.  Kane,  S.  Teackle  Wallis, 

George  Wm.  Brown,  Charles  Macgill, 

Charles  Howard,  William  Gatchell, 

Frank  K.  Howard,  Thomas  W.  Hall, 

Henry  M.  Warfield,  T.  Parkin  Scott, 

William  G.  Harrison,  William  H.  Winder. 

Robert  Hull, 

"  The  above-named  prisoners  are  released,  agreeably  to  the  fol 
(owing  telegram. 

J.  Dimick,  Col.  1st  Art'y,  Com.  Post.' 

"'Washington,  November  26,  1862. 
Ul Colonel  J.  Dimick,  0"  S  Army,  Fort  Warren,  Boston: 
M '  The  Secretary  of  War  directs  that  you  release  all  the  Marj 


FRANK    KEY  HOWARD. 


711 


land  state  prisoners,  also  any  other  prisoners  that  may  be  in 
rour  custody,  and  report  names  to  this  office. 

(Signed)  E.  D.  Townsend, 

A.  A.  General/ 

"'True  copy:  Fort  Warren,  November  27,  1862. 

J.  Dimick, 
Col.  1st  Art'y,  Com'g  Post/  " 

We  left  our  prison  for  our  homes  on  the  morning  of  tha 
i  7th. 

There  were,  at  the  time  of  our  release,  no  other  prisoners 
il  Fort  Warren  than  those  named,  except  one,  who  was  a 
native  of  Massachusetts,  and  who  had  been  arrested  in  that 
State,  a  few  weeks  previously.  The  gentlemen  above  named 
had,  with  a  single  exception,  been  my  companions  in  Fort 
Lafayette,  and  of  course  in  Fort  Warren.  All  but  one  had 
been  imprisoned  over  a  year,  and  Mr.  Gatchell,  Colonel  Kane, 
and  my  father  for  nearly  eighteen  months.  Each  of  them 
had  determined  at  the  outset  to  resist,  to  the  uttermost,  the 
dictatorship  of  Abraham  Lincoln  ;  and  having  done  so,  each 
had  the  satisfaction  of  feeling,  as  he  left  Fort  Warren,  that 
he  had  faithfully,  and  not  unsuccessfully,  discharged  a  grave 
public  duty.  We  came  out  of  prison  as  we  had  gone  in, 
holding  in  the  same  just  scorn  and  detestation  the  despotism 
under  which  the  country  was  prostrate,  and  with  a  stronger 
resolution  than  ever  to  oppose  it  by  every  means  to  which, 
as  American  freemen,  we  had  the  right  to  resort. 


HON.  CLEMENT  L.  VALLANDIGHAM. 


"T71XILED!"  The  student  of  ancient  history  is  familiar 
with  the  names  of  prominent  statesmen,  who  were  sub- 
jolted  to  "banishment"  and  "ostracism"  because  the  prin- 
ciples they  advocated  were  conservative,  and  not  in  accord 
with  the  revolutionary  sentiments  of  those  who  had  acquired 
power.  Then  the  centralization  of  power  in  the  capital  of 
the  country  was  considered  the  greatest  strength  of  the 
republic.  The  city  of  Athens,  or  of  Rome,  for  all  practi- 
cal purposes,  in  so  far  as  civil  authority  or  military  power 
was  Concerned,  constituted  the  State.  All  other  divisions  of 
country,  composing  these  ancient  republics,  were  entirely 
subordinate  to  the  power  consolidated  in  these  capitals. 
Hence  there  was  no  appeal  from  the  decisions  emanating 
from  these  grand  centres  of  power.  Statesmen  and  patriots, 
like  Aristides  and  Pericles  and  Cicero,  were  "  exiled,"  and 
continued  in  exile,  until  the  storms  of  persecution  and  pro- 
scription exhausted  themselves,  and  were  then  either  recalled 
by  the  demand  of  the  people,  or  voluntarily  returned  to  re- 
sume the  leadership  in  the  affairs  of  State. 

In  modern  times,  however,  with  experiments  in  govern- 
ment for  more  than  two  thousand  years  before  us,  and  with 
our  jurisprudence  keeping  pace  with  the  civilization  and 
progress  of  the  age,  it  was  not  even  mooted  that  a  citizen  of 
the  United  States  could  be  subjected  to  banishment  and 
exile  from  a  State  of  which  he  was  a  citizen  by  a  simplo 
edict  from  Washington,  especially  when  that  State  was  not 
in  rebellion  against  the  Federal  Government.  There  is  no 
clause  in  the  Constitution  which  would  justify  such  an  exer- 
cise or  usurpation  of  power.  Under  monarchical  govern- 
ments, where  centralization  still  prevails,  —  as  in  Austria 

712 


CLEMENT    L.  VALLANDIGHAM.  713 

and  Russia,  where  the  political  power  of  the  nation  is  con- 
centred in  Vienna  and  St.  Petersburg, -- such  despotism 
has  been  and  is  tolerated  ;  but  in  the  United  States,  where 
all  power  is  inherent  in  the  people,  and  where  each  State  has 
entire  control  over  her  own  citizens,  except  when  by  any 
overt  act  a  State,  as  a  State,  opposes  the  laws  of  the  Federal 
Government,  the  banishment  of  a  citizen  from  his  native 
State  is  such  an  act  of  usurpation  and  despotism  as  would 
justify  the  impeachment  and  deposition  of  the  official  guilty 
of  the  crime. 

The  principle,  as  to  the  rights  of  citizens  in  States  not  in 
rebellion,  is  fully  enunciated  in  the  decision  of  the  Supreme 
Court  of  the  United  States  in  the  Milligan  case,  where  it  is 
broadly  and  expressly  stated  that  a  citizen  residing  in  a 
State  not  in  rebellion,  and  where  the  courts  are  open  to  hear 
complaints,  cannot  be  tried  by  a  military  commission  or  court- 
martial,  and  that  the  writ  of  habeas  corpus,  in  such  State, 
cannot  be  suspended.  The  plea  of  "  military  necessity  does 
not  justify  the  interference  of  military  power  where  the 
people  are  at  peace  with  each  other,  and  where  they  do  not, 
by  force  of  arms,  oppose  the  laws  of  the  United  States. 

But  the  exile  of  Mr<  Vallandigham  was  not  because  of  any 
pol  tical  or  treasonable  offence  which  he  had  committed. 
His  arrest,  mock  trial,  and  banishment  from  his  native  State, 
were  wholly  for  personal  and  political  reasons  —  for  the 
double  purpose  of  subserving  the  interests  of  "  the  one-man  " 
power  at  Washington,  and  the  intimidation  of  his  fellow- 
citizens  who  acted  in  accordance  with  the  principles  he 
advocated  for  the  preservation  of  the  Constitution  and  for 
the  restoration  of  the  States. 

During  those  troublous  times,  when  civil  authority  was 
made  subordinate  to  military  power,  it  seemed  to  be  the 
object  of  the  government  at  Washington  to  appoint  agents 
to  execute  its  edicts,  who  were  ignorant  of  both  civil  and 
military  law  ;  who  knew  not  the  consequences  which  would 
flow  from  arbitrary  and  illegal  acts ;  who  were  brutal  in  their 
natures,  and  who,  from  this  ignorance,  brutality,  and  irre- 


714 


AMERICAN  BASTILE. 


sponsibility,  would  commit  the  most  flagitious  wrongs  upon 
innocent  citizens,  regardless  of  either  law  or  justice.  Hence 
the  appointment  of  General  A.  E.  Burnside  over  the  military 
district  composed  of  Ohio,  Kentucky,  Indiana,  and  Illinois. 
It  is  also  a  matter  of  history  that,  however  great  the  wrong, 
illegal  the  act,  and  arbitrary  and  brutal  the  power  exeicised, 
the  "  Washington  Government "  always  indorsed  and  ap- 
plauded the  action. 

Before  proceeding  to  the  arrest,  illegal  trial,  and  exile  of 
Mr.  Vallandigham,  it  may  not  be  inappropriate,  as  he  was 
not  an  ordinary  man,  to  give  a  brief  sketch  of  his  life  and 
public  services. 

Clement  Laird  Vallandigham,  the  son  of  Rev.  Clement 
Vallandigham  and  Rebecca  Laird,  his  wife,  was  born  in  New 
Lisbon,  Columbiana  County,  Ohio,  on  the  29th  day  of  July, 
A.  d.  1820.  His  father,  besides  attending  to  his  ministerial 
duties,  established  a  classical  school  in  his  own  house,  partly 
for  the  purpose  of  preparing  his  sons  for  college,  and  partly 
for  the  support  of  a  large  family,  for  which  his  meagre 
salary  was  inadequate.  Young  Vallandigham  was  both  pre- 
cocious and  studious,  so  that,  at  the  age  of  twelve  years, 
he  was  sufficiently  advanced  in  Greek  and  Latin  and  other 
branches  of  study  as  to  fit  him  for  an  entrance  into  the 
junior  class  in  college.  Being  considered  too  young  for  col- 
legiate life,  he  spent  his  time  until  he  was  sixteen  years  of 
age  in  reviewing  his  studies,  in  general  reading,  and  out- 
door sports,  to  build  up  his  constitution,  which  was  naturally 
delicate.  In  1837  he  entered  the  Junior  Class  at  Jefferson 
College,  Pennsylvania.  He  immediately  took  a  high  posi- 
tion among  his  fellow-students,  especially  in  debate,  in  the 
literary  society  (Franklin),  to  which  he  belonged.  He 
remained  at  college  one  year,  but  believing  his  expenses 
there  were  too  heavy  a  tax  on  his  father,  whose  income  was 
small,  he  obtained  the  appointment  of  Principal  of  Union 
Academy,  at  Snow  Hill,  Worcester  County,  Maryland,  where 
he  remained  two  years.  He  then  returned  to  Jefferson  Col- 
lege and  entered  the  Senior  Class.    Soon  after  re-entering 


CLEMENT    L.  VALLANDIGHAM. 


715 


college  he  was  chosen  debater  for  his  society,  in  a  public 
contest  between  the  two  literary  societies.  His  connection 
with  the  college,  however,  did  not  continue  long.  A  quar- 
rel between  him  and  Dr.  Brown,  President  of  the  college, 
originated  in  a  controversy  on  constitutional  law,  Mr.  Vallan- 
digham having  advanced  certain  political  opinions  to  which 
the  doctor  objected  and  endeavored  to  refute, at  the  same  time 
making  use  of  language  which  Mr.  Yallandigham  thought  in- 
sulting and  abusive,  and  for  which  he  immediately  demanded 
an  honorable  dismission.  This  Dr.  Brown  gave  him,  but  sub- 
sequently partly  apologized  and  requested  Mr.  Vallandigham 
to  return,  which  he  declined  to  do.  He  returned  home  and 
commenced  the  study  of  law  with  his  eldest  brother,  and  on 
the  5th  of  December,  1842,  was  admitted  at  Columbus,  Ohio, 
to  practise  in  the  Supreme  Court  and  the  other  courts  of 
the  State.  In  1845  he  was  unanimously  nominated  by  the 
Democratic  party  of  his  native  county  a  candidate  for  repre- 
sentative in  the  State  Legislature,  to  which  he  was  elected  in 
October,  having  just  attained  the  constitutional  age.  As  a 
member  of  the  Legislature  he  ranked  high,  and  on  his  return 
home  was  again  nominated  by  a  large  majority,  although  his 
county  was  now  only  entitled  to  one  member,  when  pre- 
viously it  was  represented  by  two — his  old  colleague  having 
entered  into  the  contest  with  him  for  the  nomination. 
After  an  unusually  violent  canvass,  he  was  re-elected  in  Octo- 
ber by  a  large  majority. 

During  this  political  campaign,  to  wit,  on  the  27th  of 
August,  1846,  he  was  married  to  Miss  Louisa  A.  McMahon, 
daughter  of  Mr.  William  McMahon,  of  Cumberland,  Mary- 
land,  and  sister  of  the  late  Hon.  John  V.  L.  McMahon,  of 
Baltimore. 

On  the  assembling  of  the  Legislature,  in  December  follow 
ing  his  second  election,  Mr.  Vallandigham  was  compli- 
mented with  the  unanimous  vote  of  his  party  for  Speaker, 
but  the  Whig  party  in  Ohio  being  in  the  ascendency,  he,  of 
course,  was  not  chosen  Speaker. 

Ir.  August,  1847,  seeking  a  broader  field  in  which  to  prao- 


716 


AMERICAN  BASTILE. 


tise  at  his  profession,  he  removed  to  Dayton,  Ohio,  and 
entered  into  a  partnership  with  Thomas  J.  S.  Smith,  Esq.,  an 
able  lawyer,  with  a  large  and  lucrative  practice.  At  this 
time  he  also  became  connected  with  the  "  Western  Empire," 
a  Democratic  paper  of  Dayton,  as  part  owner  and  editor,  bat 
ievered  his  connection  with  it  in  June,  1849.  In  August, 
1852,  he  was  nominated  for  Congress  in  the  Third  District, 
Ohio  ;  but  was  defeated,  after  an  animated  contest,  by  Lewis 
D.  Campbell,  by  147  majority.  In  1854  he  was  again  nomi- 
nated for  Congress,  his  opponent  again  being  Mr.  Campbell; 
but  as  the  Whig  party  had  now  perished  with  the  decease 
of  Clay  and  Webster,  and  the  Democratic  party  having  met 
with  political  disaster  throughout  the  country,  generally 
through  the  influence  of  the  Know-Nothing  organization, 
Mr.  Vallandigham  was  again  defeated,  by  a  majority  of  2565 
for  Campbell,  although  he  ran  considerably  ahead  of  the 
State  ticket  in  his  district.  Not  dismayed  by  his  former  de- 
feats, he  was  again  a  candidate  for  Congress  in  1856,  Mr. 
Campbell  again  being  his  competitor,  and  after  a  violent 
contest,  at  the  conclusion  of  which  both  parties  were  about 
exhausted,  Campbell  once  more  received  the  certificate  of 
election  by  a  majority  of  19  votes.  Gross  and  palpable 
frauds,  however,  being  apparent,  Mr.  Vallandigham  con- 
tested the  election  in  Congress,  which  resulted  in  the  elec- 
tion of  the  contestant  by  a  majority  of  23  votes.  On  the 
25th  of  May,  1858,  he  was  sworn  in  and  took  his  seat  as  a 
member  of  Congress  from  the  Third  Congressional  District 
of  Ohio.  After  his  return  home  from  Washington,  in 
1858,  he  was  again  unanimously  chosen  by  the  different 
county  committees  of  his  district  for  Congress,  and  was 
elected  by  a  majority  of  188  over  Mr.  Campbell,  his  former 
competitor.  This  election  by  the  people  was  the  more  grati- 
fying to  Mr.  Vallandigham,  because,  although  after  pre- 
viously having  been  defeated,  he  had  always  acted  consist- 
ently with  the  principles  of  his  party,  and  was  now  rewarded 
for  his  fidelity.  His  strict  adhesion  to  principle  called  from 
Lim  ^he  remark  :  "  It  cost  me  ten  years  exclusion  from  office  and 


CLEMENT    L.  VALLANDIGHAM.  717 

honor  at  that  period  when  honors  are  sweetest.  No  matter ;  1 
learned  early  to  do  right  and  to  wait." 

In  1860  he  was  again,  for  the  fifth  time,  a  candidate  foi 
Congress — without  the  formality  of  a  Convention  —  and, 
although  it  was  during  the  Presidential  struggle  of  that 
year,  when  the  feelings  of  the  people  and  the  animosity  of 
parties  were  most  bitter,  yet  he  was  returned  a  member  of 
the  Thirty-seventh  Congress,  by  about  the  same  majority  he 
had  received  in  1858.  In  1862  the  Congressional  Convention 
of  the  Third  District,  now  composed  of  Butler,  Montgomery, 
Preble,  and  Warren  Counties,  met  at  Hamilton,  and  nomi- 
nated Mr.  Yallandigham  by  acclamation  ;  but  as  a  new  ap- 
portionment had  been  made  by  an  adverse  Legislature,  and 
"Warren  County,  which  was  largely  Kepublican,  added  to  his 
old  district,  at  this  election  he  was  defeated ;  yet  he  had  a 
majority  of  800  in  his  old  district,  being  an  increase  of 
nearly  700  over  his  previous  majority  in  1860. 

Notwithstanding  the  great  controversies  which  ensued  the 
election  of  Mr.  Lincoln,  in  1860, —  the  secession  of  States, 
the  declaration  of  civil  war,  the  clash  of  arms,  and  the 
persecution,  proscription,  and  imprisonment  of  Democrats  — 
to  his  honor  be  it  said,  Mr.  Yallandigham  never  swerved  a 
hair's-breadth  from  the  constitutional  principles  to  which 
his  party  adhered.  Firm  in  his  convictions  that,  in  order 
to  maintain  the  Union  of  the  States,  the  military  power 
must  be  made  subordinate  to  civil  authority,  he  was  fearless, 
yet  conservative,  in  announcing  his  opinions  as  a  member  of 
the  legislative  department  of  the  National  Government ; 
nor  did  he  shrink  from  claiming  the  same  rights  which  his 
Republican  opponents  had  demanded  during  previous  politi- 
cal contests,  to  wit,  the  privilege  and  right  of  free  speech 
and  a  free  press.  Assuming  a  brave  and  manly  position  in 
and  out  of  Congress,  and  having  the  ability  and  courage  to 
enunciate  his  principles  and  defend  his  position,  he  was 
assailed  from  every  quarter.  During  the  sessions  of  Congress 
he  was  frequently  attacked  by  the  champions  of  the  Repub- 
lican side  of  the  House,  but  his  knowledge  of  parliamentary 


718 


AMERICAN  BASTILE. 


law  was  so  great,  his  acquirements  and  eloquence  so 
marked  and  convincing,  and  his  reasons  so  cogent,  that  he 
easily  kept  his  adversaries  at  bay,  and  stood  in  the  midst  of 
them,  the  lofty  Achilles  challenging  the  attack.  Nor  were 
his  influence  and  power  over  the  people  and  party  which  he 
represented  less  wonderful  than  his  ability  to  maintain  his 
cause.  They  believed  what  he  said  was  right,  because  it 
was  founded  on  principle  and  conviction ;  they  would  trust 
him  because  they  knew  he  would  not  betray  them,  and  they 
would  follow  him  because  they  were  confident  he  would  not 
mislead  them.  Had  not  brute  force,  sustained  by  the  bayonet, 
prevailed  over  reason  and  civil  authority,  the  arguments  he 
advanced  in  favor  of  the  preservation  and  integrity  of  the 
Union,  and  the  cessation  of  hostilities  and  bloodshed,  would 
have  been  irresistible  —  the  war  would  have  been  ended  long 
before  it  was  —  the  States  would  have  been  restored  to  their 
original  status,  and  peace,  harmony,  and  good-will  would 
have  pervaded  all  sections  of  the  country. 

We  come  now  to  the  methods  adopted  by  the  Republican 
party  to  crush  Mr.  Vallandigham,  and  thus  intimidate 
Democrats  generally,  who  chose  to  think  and  act  with  the 
Constitution  for  their  guide. 

On  the  19th  of  February,  1862,  Mr.  John  Hickman,  of 
Pennsylvania,  offered  a  resolution  in  Congress  "  instructing 
the  Committee  on  the  Judiciary  to  inquire  into  the  truth  of 
certain  charges  of  disloyalty  made  in  the  local  columns  of  a 
Baltimore  newspaper,  against  C.  L.  Vallandigham,  of  Ohio." 
This  resolution  called  Mr.  Vallandigham  to  his  feet,  and 
so  completely  did  he  answer  the  charge,  without  any  pre- 
vious notice  or  preparation,  that  Mr.  Hickman,  although 
one  of  the  shrewdest  Abolitionists  on  his  side  of  the  House, 
and  chairman  of  the  Judiciary  Committee,  not  only  aban- 
doned his  case,  but  withdrew  the  resolution. 

We  give  but  one  extract  from  Mr.  Vallandigham's  speech 
in  his  defence  on  this  occasion,  which  was  in  allusion  to  the 
flag  which  hung  above  the  Speaker's  seat,  and  which  called 
forth  the  admiration  of  the  whole  House,  as  well  as  of  those 
who  were  seated  in  the  galleries. 


CLEMENT    L.  VALLAXDIGHAM. 


710 


He  said :  "Yet  that  is  all  the  grand  aggregate  of  the  charges,  ex- 
cept this  miserable  falsehood  which  some  wretched  scavenger,  prowl- 
ing about  the  streets  and  alleys  and  gutters  of  the  city  of  Baltimore, 
has  seen  fit  to  put  forth  in  the  local  columns  of  a  contemptible  news- 
paper; so  that  the  member  from  Pennsylvania  may  rise  in  his  place 
and  prefer  charges  against  the  loyalty  and  patriotism  of  a  man  who 
has  never  faltered  in  devotion  to  the  flag  of  his  country  —  to  that  flag 
which  hangs  now  upon  the  wall  over  against  him  ;  one  who  has  bowed 
down  and  worshipped  this  holy  emblem  of  the  Constitution  and  of 
the  old  Union  of  these  States  to  his  heart's  core,  ay,  in  his  very  heart 
of  hearts,  from  the  time  he  first  knew  aught  to  this  hour ;  and  who 
now  would  give  life  and  all  that  he  has,  or  hopes  to  be  in  the  present 
or  future,  to  see  that  glorious  banner  of  the  Union  —  known  and 
honored  once  over  the  whole  earth  and  the  whole  sea  —  with  no  stripe 
erased,  and  not  one  star  blotted  out,  floating  forever  over  the  free, 
harmonious  old  Union  of  every  State  once  a  part  of  it,  and  a  hundred 
more  yet  unborn.  I  am  that  man  ;  and  yet  he  dares  to  demand  that 
I  shall  be  brought  up  before  the  secret  tribunal  of  the  Judiciary 
Committee  —  that  Committee  of  which  he  is  chairman,  and  thus  both 
judge  and  accuser  —  to  answer  to  the  charge  of  disloyalty  to  the 
Union." 

Mr.  Vallandigham  was  frequently  attacked  in  the  House, 
by  resolution  and  otherwise,  by  those  either  seeking  to  cen- 
sure him  or  secure  his  expulsion  from  the  House  —  only  one 
of  which  attacks  we  will  now  mention.  In  June,  1862, 
Messrs.  Shellabarger  and  Gurley,  of  Ohio,  presented  printed 
petitions  from  citizens  of  their  own  districts  —  none,  how- 
ever, from  Mr.  Vallandigham's  district  —  asking  for  his  ex- 
pulsion from  the  House,  as  a  "  traitor  and  a  disgrace  to  the 
State  of  Ohio."  The  petitions  were  referred  to  the  Commit- 
tee on  the  Judiciary,  consisting  of  the  following  members,  to 
wit:  John  Hickman,  chairman,  John  A.  Bingham,  William 
Kellogg,  Albert  G.  Porter,  Benjamin  F.  Thomas,  Alexander 
S.  Diven,  James  F.  Wilson,  George  H.  Pendleton,  and  Henry 
May  —  all  Republicans  except  Messrs.  Pendleton  and  May. 

This  Committee,  on  the  very  day  on  which  the  petitions  were 
presented,  by  a  unanimous  vote,  ordered  them  to  be  reported 
back  and  laid  upon  the  table;  and  accordingly,  on  the  first 


720 


AMERICAN  BASTILE. 


day  that  the  Committee  was  called,  July  3,  1862,  Mr.  Bing- 
ham reported  them  back,  and  on  his  motion  they  were  laid  on  the 
table,  no  ev  idence  whatever  of  either  "  treason "  or  "  dis- 
grace ,;  having  been  produced  to  the  Committee.  Seven 
times  during  the  session  these  attacks  were  made,  and  as 
often  failed. 

Thus  Mr.  Vallandigham  was  persecuted  during  the  whole 
of  his  subsequent  career  in  Congress  ;  but  when  opportunity 
was  afforded  him,  he  warded  off  these  attacks  with  consum- 
mate skill,  and  every  day  afterward,  when  the  tide,  from  his 
ability  and  courage,  began  to  turn  in  his  favor,  he  grew 
stronger  and  more  popular,  and  was  recognized  as  one  of  the 
leaders  of  the  Democratic  party. 

On  the  23d  February,  1863,  Mr.  Yallandigham  made  his 
last  speech  in  Congress.  It  was  on  the  Conscription  Bill, 
and  was  one  of  the  ablest  efforts  of  his  life.  As  portions  of 
this  great  speech  are  pertinent  to  the  subject  under  consid- 
eration, his  concluding  remarks  are  here  given : 

"  Sir,"  he  said,  "  I  have  done  now  to  my  objection  to  this  bill.  I 
have  spoken  as  though  the  Constitution  survived  and  was  still  the 
supreme  law  of  the  land.  But  if,  indeed,  there  be  no  Constitution 
any  longer,  limiting  and  restraining  the  men  in  power,  then  there  is 
none  binding  upon  the  States  or  the  people.  God  forbid!  We  have 
a  Constitution  yet  and  laws  yet.  To  them  I  appeal.  Give  us  our 
rights  ;  give  us  known  and  fixed  laws ;  give  us  presentment  or  indict- 
ment by  grand  juries;  speedy  and  public  trial;  trial  by  jury  and  at 
home ;  tell  us  the  nature  and  cause  of  the  accusation ;  confront  us 
with  witnesses ;  allow  us  witnesses  in  our  behalf,  and  the  assistance 
of  counsel  for  our  defence ;  secure  us  in  our  persons,  our  houses, 
our  papers,  and  our  effects ;  leave  us  arms,  not  for  resistance  to  law 
or  against  rightful  authority,  but  to  defend  ourselves,  from  outrage 
and  violence ;  give  us  free  speech  and  a  free  press ;  the  right  peacea- 
bly to  assemble ;  and  above  all,  free  and  undisturbed  elections  and 
the  ballot ;  take  our  sons,  take  our  money,  our  property,  take  all  else, 
and  we  will  wait  a  little,  till,  at  the  time  and  in  the  manner  appointed 
by  the  Constitution  and  law,  we  shall  eject  you  from  the  trusts  you 
have  abused,  and  the  seats  of  power  you  have  dishonored,  and  othei 
and  better  men  shall  reign  in  your  stead." 


CLEMENT    L.  VALLANDIGHAM. 


721 


After  the  adjournment  of  the  Thirty-seventh  Congress,  m 
the  4th  of  March,  1863,  Mr.  Vallandigham  returned  home 
by  way  of  the  Eastern  cities,  and  was  everywhere  most  en- 
thusiastically received  by  the  Democratic  party — many  invi- 
tations, by  its  leaders,  having  been  previously  extended  to 
him  to  visit  these  localities.  During  his  tour  homeward  he 
made  speeches  at  Philadelphia,  New  York,  and  in  various 
sections  of  Connecticut,  and  arrived  at  his  home,  in  Dayton, 
on  the  13th  of  March,  where  he  met  with  a  most  cordial 
welcome. 

When  Mr.  Vallandigham  returned  home  he  found  his  own 
State  —  Ohio  —  and  Kentucky,  Indiana,  and  Illinois,  as  be- 
fore remarked,  formed  into  a  Military  District,  and  placed 
under  the  command  of  General  Ambrose  E.  Burnside,  of 
Rhode  Island.  This  man,  who  was  called  the  "  Butcher 99 
of  Fredericksburg,  when  in  command  of  the  Army  of  the 
Potomac,  was  now  sent  to  intimidate  and  control  unarmed 
and  innocent  Democrats  of  the  West.  Here,  instead  of  the 
Constitution  and  law,  military  orders  were  substituted, 
which  the  people  were  enjoined  to  obey.  Many  orders  were 
issued,  among  which  were  Order  No.  38,  threatening  severe 
punishment  to  those  who  should  be  guilty  of  implied  treason 
— (to  be  a  Democrat  was  implied  treason);  Order  No.  15,  pro- 
hibiting the  people  to  keep  and  bear  arms  ;  and  Order  No. 
prohibiting  any  criticism  whatever  of  the  civil  and  military 
policy  of  the  administration.  All  of  these  orders  being  in 
gross  violation  of  the  provisions  of  the  Constitution  and 
of  the  rights  and  liberties  of  the  people,  Mr.  Vallandigham 
could  not  patiently  submit  to  them,  and  hence,  at  varioue 
public  meetings,  denounced  them  and  exposed  the  usurpa- 
tions and  tyranny  of  those  who  attempted  to  enforce  them. 

On  the  21st  of  March,  Mr.  Vallandigham  addressed  a  large 
meeting  at  Hamilton,  Ohio,  at  which  he  commented  severely 
on  Order  No.  15.  Again  at  Columbus,  on  the  30th  of  April, 
and  at  Mount  Vernon,  on  the  1st  of  May,  he  addressed  large 
assemblages  of  the  people,  criticising  these  infamous  orders, 
but  at  the  same  time  exhorting  the  people,  who  had  now 
46 


722  AMERICAN  BASTILE. 

become  restless  under  tins  despotic  and  oppressive  yoke,  not 
to  resist  by  physical  force,  but  to  assert  their  constitutional 
rights  and  maintain  their  liberties  through  the  ballot-box. 

Although  Mr.  Vallandigham  in  all  his  speeches  kept 
within  the  lines  of  prudence  and  "  loyalty"  yet  the  "Govern- 
ment at  Washington,"  being  fearful  of  the  mighty  influence 
he  was  exerting,  by  the  sound  constitutional  principles  he 
proclaimed,  and  astounded  at  the  rapturous  enthusiasm  with 
which  he  was  received  by  the  people,  who  flocked  in  large 
numbers  to  hear  him,  determined,  regardless  of  truth,  reason, 
law,  or  justice,  to  arrest  him  by  arbitrary  power,  and  thus 
not  only  silence  his  voice,  but  also  intimidate  his  Democratic 
followers.  A  speech  which  he  delivered  at  Mount  Yernon, 
Ohio,  on  the  1st  day  of  May,  1863,  was  made  the  pretext  for 
his  arrest.  (As  the  reasons  assigned  in  the  "  charge  "  against 
him,  in  his  mock-trial  before  a  military  commission,  will 
inform  the  reader  of  the  great  crimes  and  implied  treason 
committed  by  Mr.  Vallandigham,  it  is  unnecessary  to  men 
tion  them  in  this  connection.) 

The  day  after  the  mass  meeting  at  Mount  Yernon,  when 
Mr.  Vallandigham  returned  home,  he  heard  many  rumors  of 
his  intended  arrest ;  but  as  these  rumors  had  previously  been 
frequent,  he  did  not  apprehend  any  such  attempt  would  be 
made.  On  other  occasions  he  and  his  friends  had  stood  on 
guard,  within  and  without  his  house,  for  weeks  at  a  time,  in 
anticipation  that  a  violent  arrest  would  be  attempted,  which 
they  were  prepared  to  resist;  but  as  no  attempt  had  been 
made,  he  felt  so  well-assured  that  it  would  not  be  made  at 
this  time,  that  he  refused  the  kind  offers  of  many  of  his 
friends,  who  were  ready  to  stand  guard  and  protect  him 
from  arrest  by  brute  force. 

"  It  was  under  these  circumstances,"  says  the  Rev.  James 
L.  Vallandigham,*  "  that  on  the  evening  of  the  4th  of  May, 
Mr.  Vallandigham  and  his  family,  consisting  at  that  time 
of  his  wife,  son,  his  wife's  sister,  and  a  young  nephew  of  his 

•This  account  of  Mr.  Vallandigham's  arrest  is  written  by  his  brother,  Rey 
James  L.  Vallandigham. 


CLEMENT    L.  VALLANDIGHAM. 


723 


own,  and  two  domestics,  females  both,  retired  to  rest  at  their 
accustomed  hour.  At  half- past  two  o'clock  in  the  morning 
they  were  rudely  awakened  from  slumber  by  a  violent  knock- 
ing upon  the  front  door.  Arising,  Mr.  Vallandigham,  who 
did  not  immediately  suspect  that  it  was  a  force  coming  to 
arrest  him,  went  to  the  front  window  of  the  room  over  the 
parlor.  As  he  approached  it  he  heard  the  tramp  of  armed 
men,  the  low  voice  of  command  given  by  officers,  the  rattling 
of  arms,  and  mutterings  and  whisperings  of  many  people. 
Looking  out,  lights  were  seen  gleaming  amidst  the  shrubbery 
in  the  yard  below,  and  the  glittering  of  many  bayonets  shone 
bright  from  the  gas-light  near  the  house.  As  he  threw  open 
the  shutters  the  sounds  struck  upon  his  wife's  ears,  and  she 
screamed  with  affright.  He  demanded  what  was  wanted. 
Captain  Hutton,  an  officer  of  General  Burnside's  staff,  who 
was  in  command,  answered  that  he  had  been  sent  by  that 
General  to  arrest  him,  and  that  he  might  as  well  come  down 
and  surrender.  Mr.  Yallandigham  replied  that  he  would 
not ;  that  he,  Captain  Hutton,  had  no  right  to  arrest  him, 
and  that  General  Burnside  had  no  right  to  issue  an  order 
for  his  arrest.  To  this  a  threat  was  made  that  unless  he 
would  come  down  he  would  be  shot.  He  answered  this  in 
a  defiant  manner,  and  then  shouted  for  the  police.  By  this 
time  the  whole  household  was  up  ;  his  wife  and  sister-in-law, 
both  very  nervous,  timid  women,  were  weeping,  nearly  crazed 
by  terror,  and  begging  him  to  come  away  from  the  window ; 
the  servant  girls  were  equally  alarmed.  After  repeated 
threats  to  shoot,  intermingled  with  entreaties,  the  officer  in 
command  ordered  the  front  door  to  be  forced ;  but  it  was 
found  too  strong,  and  a  door  in  the  rear  was  then  attacked. 
The  house  now  shook  with  the  violent  blows  of  axes  upon 
the  door,  and  the  horrid  clamor  filled  the  hearts  of  the  women 
with  an  agony  of  fear.  At  last  the  door  gave  way,  and  the 
rattling  of  ramrods  and  bayonets,  as  well  as  the  half-sup- 
pressed oaths  of  the  men  as  they  rushed  into  the  back  parlor, 
arose  clearly  and  distinctly  in  the  night  air.  Mr.  Vallandig- 
bam  still  determined  he  would  not  surrender  whilst  there 


724 


AMERICAN  BASTILE. 


was  any  hope  of  rescue.  He  desired  to  delay  the  soldiery 
until  some  organized  effort  could  be  made  by  his  friends  out- 
side to  drive  off  his  assailants.  He  had  dressed  himself 
whilst  the  soldiers  were  bursting  open  the  door  below ;  and 
he  arranged  with  his  nephew,  who  had  served  in  the  Union 
army,  to  open  fire  on  the  soldiers  as  soon  as  they  should  be 
attacked  from  the  outside.  Another  demand  to  surrender 
was  sternly  refused,  and  the  soldiers  mounted  the  stair  and 
commenced  battering  away  at  the  door  of  the  room  in  which 
he  stood.  He  then  retired  into  another  room  which  com- 
municated with  the  one  now  attacked.  In  a  few  moments 
the  second  door  was  broken  in,  but  lo!  the  victim  was  not 
yet  brought  to  bay.  A  short  interval  of  silence  followed, 
and  Mr.  Vallandigham  endeavored  to  soothe  the  affrighted 
ladies  whilst  he  anxiously  listened  for  the  sound  of  footsteps 
coming  to  his  aid  ;  nothing,  however,  but  the  measured  tread 
of  the  sentinels  could  be  heard  on  the  outside.  The  third 
door  was  now  attacked,  and  as  there  was  no  chance  of  success- 
ful resistance,  he  concealed  his  revolver  and  calmly  awaited 
the  entry  of  the  troops.  The  house  was  full  of  soldiers,  though 
the  oflicer  in  command  had  not  entered,  and  directly  the 
third  door  gave  way  the  soldiers  broke  into  the  room  where 
he  stood,  and  half  a  score  of  muskets  were  pointed  instantly 
at  him.  Thereupon  he  said :  1  You  have  now  broken  open 
my  house  and  overpowered  me  by  superior  force,  and  I  am 
obliged  to  surrender/  The  muskets  were  lowered,  and 
hastily  though  not  roughly  he  was  torn  from  the  arms  of  his 
devoted  wife  and  weeping  child  and  hurried  down  stairs. 
Leaving  his  wife  stupefied  in  agony  of  grief  and  alarm,  he 
passed  through  the  shattered  panels  of  his  doors  into  the 
street.  The  bugles  sounded  the  recall,  and,  surrounded  by 
soldiery,  he  was  marched  rapidly  to  the  depot,  and  thence 
carried  by  the  special  train  to  Cincinnati,  where,  after  day- 
light, he  was  taken  to  the  military  prison,  Kemper  Barracks. 

"  The  arrest  and  taking  away  of  Mr.  Yallandigham  was 
made  with  the  greatest  expedition.  Not  more  than  thirty 
minutes  elapsed  after  the  arrival  of  the  special  train  from 


CLEMENT    L.  VALLANDIGHAM.  725 

Cincinnati  before  the  troops  were  back  to  the  depot  with  the 
prisoner,  and  the  train  immediately  moved  off.  It  was  day- 
light in  Dayton  before  the  news  of  the  arrest  had  become 
generally  known,  although  fire-bells  were  rung  a  short  time 
after  he  was  taken  away  from  his  house. 

"  The  indignation  aroused  among  the  Democrats  was  fierce. 
Men  with  frowning  brows  and  clinched  fists  were  to  be  seen 
all  over  the  city.  As  the  day  advanced  the  excitement 
rapidly  increased  ;  hundreds  of  men  came  in  from  the  country 
around  ;  crowds  began  to  gather.  The  denunciations  of  the 
arrest,  and  of  those  concerned  in  it,  became  louder  and  more 
violent.  Those  who  had  been  very  bitter  and  proscriptive 
among  the  Republicans  became  alarmed,  and  some  left  the 
city  as  quietly  and  secretly  as  possible.  Towards  evening 
the  storm  burst:  suddenly  the  Journal  office,  the  Republican 
organ  of  the  county,  was  surrounded  by  a  mob  of  frantic 
men ;  pistols  and  bowie-knives  gleamed.  The  office  was 
attacked,  its  defenders  fled  ;  it  was  completely  gutted,  every- 
thing in  it  broken  up  and  destroyed ;  the  torch  was  then 
applied,  and  the  sky  was  soon  illuminated  by  the  red  light 
of  blazing  roofs.  It  was  with  the  utmost  difficulty  that  the 
Democratic  leaders  prevented  the  fiercely  exasperated  crowds 
from  attacking  and  hanging  prominent  Republicans  and 
from  burning  their  dwelling-houses.  The  railroads  leading 
to  Dayton  were  torn  up ;  the  telegraph  wires  were  cut.  It 
seemed  as  if  a  new  civil  war  was  impending.  But  the  mob 
was  poorly  armed,  had  no  organization  or  discipline,  and  no 
support  from  any  other  portion  of  the  State.  The  attack 
upon  the  liberties  of  the  people  had  been  so  sudden  and  unex- 
pected that  no  concert  of  action  existed  even  in  Montgomery 
County.  Leading  Democrats  were  wise  enough  to  see  the 
folly  of  any  warlike  demonstrations,  that  it  would  only  lead 
to  useless  slaughter,  and  make  bad  worse.  They  exhorted 
the  more  imprudent  to  return  to  their  homes,  and  succeeded 
in  persuading  them  to  do  no  further  acts  endangering  the 
peace  of  the  city  ;  and  when,  about  ten  o'clock  the  same  night, 
troops  from  Cincinnati  and  Columbus  reached  Dayton,  they 
met  with  no  resistance. 


726 


AMERICAN  BASTILE. 


"  In  the  meantime,  Mr.  Vallandigham,  who  reached  Cincin- 
nati soon  after  daylight,  hac.  been  taken  immediately  to  the 
military  prison,  Kemper  Barracks.  Here  he  remained  until 
evening,  when,  by  order  of  General  Burnside,  who  had 
become  greatly  alarmed  lest  there  should  be  a  popular  out- 
break and  attempt  to  rescue,  he  was  hurried  across  the  river 
to  Newport  Barracks,  Kentucky,  and  there  locked  up  for  the 
night.  The  next  morning  he  was  taken  back  to  Cincinnati 
and  brought  before  the  military  commission.  The  same  day, 
by  Burnside's  order,  military  arrests  commenced  in  Dayton. 
More  than  thirty  citizens  were  arrested  and  dragged  down  to 
the  military  prisons  at  Cincinnati,  and  for  six  weeks  every 
Democrat  of  Montgomery  County  was  at  the  mercy  of  an 
inebriate  military  commandant.  Burnside's  own  brutal 
conduct  towards  the  prisoners  was  consistent  with  his  real 
character.  He  visited  them  more  than  once  with  oaths  and 
curses,  and  in  one  instance  with  blows  vented  his  rage  upon 
them.  Mr.  Vallandigham,  during  the  trial  before  the  mili- 
tary commission,  was  placed  in  room  "No.  246,  in  the  attic ; 
he  was  kept  under  a  strong  guard,  who  were  ordered,  in  case 
of  any  attempt  at  rescue  or  escape,  to  put  him  to  death. 
Similar  orders  had  been  issued  to  his  captors  previous  to  his 
arrest.  A  guard  of  soldiers  with  fixed  bayonets  and  loaded 
muskets  marched  with  Mr.  Vallandigham  to  and  from  the 
Commission,  and  a  squad  of  ten  regulars  kept  watch  day  and 
night  over  his  room,  while  sentinels  paced  the  pavements 
below.  Knowing  that  the  object  of  his  arrest  was  to  intimi- 
date the  Democracy  of  the  country,  he  took  the  earliest 
opportunity  to  write  an  address  to  the  Democrats  of  Ohio, 
which  is  presented  below.  He  also  desired  the  people  to 
know  that,  although  ignorant  of  his  fate,  he  was  not  alarmed 
nor  over-awed  by  the  danger  staring  him  in  the  face,  and  he 
wished  to  encourage  his  friends  to  stand  firm  and  not  bend 
to  the  storm.  He  wrote  this  address  in  Kemper  Barracks 
prison,  and  it  was  smuggled  out  by  a  relative  who  visited 
him  whilst  he  was  kept  in  the  Burnett  House,  and  immedi 
ately  published  to  the  world: 


CLEMENT    L.  VALLANDIGHAM. 


727 


"  Military  Prison, 
Cincinnati,  Ohio,  May  5,  1863. 

"  To  rtfE  Democracy  of  Ohio  : 

"I  am  here  in  a  military  bastile  for  no  other  offence  than  my 
political  opinions,  and  the  defence  of  them  and  of  the  rights  of  the 
people,  and  of  your  constitutional  liberties.  Speeches  made  in  the 
hearing  of  thousands  of  you  in  denunciation  of  the  usurpations  of 
power,  infractions  of  the  Constitution  and  laws,  and  of  military  des- 
potism, were  the  sole  cause  of  my  arrest  and  imprisonment.  I  am  a 
Democrat  —  for  Constitution,  for  law,  for  the  Union,  for  liberty  — 
this  is  my  only  1  crime.'  For  no  disobedience  to  the  Constitution ; 
for  no  violation  of  law ;  for  no  word,  sign  or  gesture  of  sympathy  with 
the  men  of  the  South,  who  are  for  disunion  and  Southern  independ- 
ence, but  in  obedience  to  their  demand  as  well  as  the  demand  of 
Northern  Abolition  disunionists  and  traitors,  I  am  here  in  bends  to- 
day; but 

1  Time,  at  last,  sets  all  things  even ! ' 

Meanwhile,  Democrats  of  Ohio,  of  the  Northwest,  of  the  United 
States,  be  firm,  be  true  to  your  principles,  to  the  Constitution,  to  the 
Union,  and  all  will  yet  be  well.  As  for  myself,  I  adhere  to  ever/ 
principle,  and  will  make  good  through  imprisonment  and  life  itself 
every  pledge  and  declaration  which  I  have  ever  made,  uttered  or 
maintained  from  the  beginning.  To  you,  to  the  whole  people,  to 
time,  I  again  appeal.    Stand  firm  !    Falter  not  an  instant ! 

C.  L.  Vallandigham." 

MOCK  TRIAL  BEFORE  A  MILITARY  COMMISSION. 

The  day  after  his  arrest,  Mr.  Vallandigham  was  brought 
before  a  military  commission  for  trial,  which  was  had  at 
Cincinnati,  May  6,  1863. 

The  Judge  Advocate  read  the  General  Order  from  the 
headquarters  of  the  Department  of  the  Ohio,  appointing  the 
following  officers  a  Commission  to  try  all  parties  brought 
before  it. 

The  following  officers  composed  the  Court.* 

*One  member  of  the  Court  was  a  citizen  of  Ohio  ;  one  was  an  unnaturalized 
foreign  adventurer  ;  one  had  been  convicted  of  keeping  a  disreputable  house, 
tnd  the  Judge  Advocate  subsequently  pleaded  guilty  to  certain  M  nimbi* 
•aperings"  at  the  transom  light  of  a  lady's  bed-chamber  in  the  Burnett  Houje 


728 


AMERICAN  BASTILE. 


Brig.-Gen.  R.  B.  Potter,  Pres. 
Capt.  J.  M.  Cutis,  Judge  Advo- 
cate. 

Col.  J.  F.  De  Oourcy,  16th  Ohio 
V.  L 

Major  Ya>-  Burks,  A.  D.  C. 


Lieut. -Col.    E.   R.  Goodrich, 

Com.  Sub. 
Major  Browx,  10th  Kentucky 

Cavalry. 
Major  Fitch,  115th  Ohio  V.  I. 
Captain  Lydig,  A.  D.  C. 


Mr.  VaUandigham.  was  asked  whether  he  had  any  objec- 
tions to  offer  to  any  member  of  the  Court.  He  said  he  was 
not  acquainted  with  any  of  the  members  of  the  Court,  and 
had  no  objections  to  offer  to  any  of  them  individually,  but 
he  protested  that  the  Commission  had  no  authority  to  try 
him,  he  being  neither  in  the  land  nor  naval  force  of  the 
United  States,  nor  in  the  militia  in  the  actual  service  of  the 
United  States,  and  was  not,  theiofore,  triable  by  such  a 
Court,  but  was  amenable  only  to  the  Judicial  Courts  of  the 
land. 

The  members  of  the  Court  were  then  sworn  to  try  his 
case  impartially.  The  Judge  Advocate  then  read  the  fol- 
lowing 

Charge. 

u  Publicly  expressing,  in  violation  of  General  Order  No.  38,  from 
headquarters  of  the  Ohio,  his  sympathies  for  those  in  arms  agaiust 
the  Government  of  the  United  States,  declaring  disloyal  sentiments 
and  opinions,  with  the  object  and  purpose  of  weakening  the  power 
of  the  Government  in  its  etforts  to  suppress  an  unlawful  rebellion.'" 

Under  this  charge  was  a  specification  as  to  what  Mr.  Val 
landigham  had  said ;  but  as  it  was  frivolous,  it  is  not  neces- 
sary to  record  it  here. 

Mr.  VaUandigham  being  asked  by  the  Judge  Advocate 
what  his  plea  was,  refused  to  plead,  whereupon  the  Presi- 
dent of  the  Court  ordered  the  plea  of  "  not  guilty  m  to  bo 
entered  on  the  record. 

The  President  of  the  Court  asked  Mr.  VaUandigham 
rhether  he  desired  to  appear  with  counsel. 

Mr.  VaUandigham  said  he  did  not    His  counsel,  George 


CLEMENT    L.  VALLANDIGHAM.  729 


E.  Pugh,  George  H.  Pendleton,  and  Alexander  Ferguson, 
remained  in  the  adjoining  room. 

The  Judge  Advocate  announced  that  the  case  would  be 
proceeded  with,  and  called  Captain  H.  R.  Hill,  of  the  One 
Hundred  and  Fifteenth  Ohio  Volunteers,  the  first  witness 
for  the  prosecution,  who,  among  other  things,  testified :  * 
that  he  was  leaning  against  the  platform  about  six  feet  from 
the  speaker,  Mr.  Vallandigham  (this  was  at  Mount  Vernon) ; 
that  he  was  in  citizens'  dress ;  that  he  was  sent  to  the  meet- 
ing by  Captain  Andrew  C.  Kemper,  Assistant  Adjutant- 
General  of  the  Military  Command  of  Cincinnati,  to  take 
notes ;  that  he  reported  to  Colonel  Eastman  after  the  meet- 
ing ;  that  he  was  from  there  sent  to  the  headquarters  of  the 
Department  of  the  Ohio ;  that  he  did  not  take  notes  of  any 
other  speaker  at  the  meeting ;  that  he  commenced  taking 
notes  of  Mr.  S.  S.  Cox's  speech,  but  that  he  considered  it 
harmless,  and  after  a  short  time  stopped. 

The  next  witness  for  the  prosecution  was  Captain  John  A. 
Means,  of  the  One  Hundred  and  Fifteenth  Ohio  Volunteer 
Infantry,  who  testified,  among  other  things,  that  he  was 
present  at  a  meeting  of  citizens  at  Mount  Vernon,  Ohio,  on 
Friday,  May  1,  1863 ;  that  he  heard  the  accused  address  the 
meeting ;  that  he  stood  about  ten  feet  in  front  of  the  stand 
and  heard  the  whole  of  the  speech ;  that  he  took  no  min- 
utes of  the  speech,  but  that  after  Mr.  Pendleton  began 
speaking,  perhaps  an  hour  and  a  half  afterward,  he  went  to 
the  hotel  and  wrote  some  minutes  of  the  speech. 

With  these  two  witnesses  the  case  of  the  prosecution 
closed. 

Mr.  Vallandigham  then  called  Hon.  S.  S.  Cox,  who  was 
present  and  addressed  the  meeting  at  Mount  Vernon  on  the 
1st  of  May,  1863,  and  in  his  evidence  Mr.  Cox  either  entirely 
contradicted  the  testimony  of  both  the  witnesses  for  the 

*  The  testimony  is  not  here  given  in  detail,  as  it  is  unnecessary.  The  facts 
are  briefly  given  to  show  who  the  witnesses  were;  how  they  came  to  be  at 
the  Mount  Vernon  meeting;  their  manner  of  reporting  speeches,  and  that  th« 
■ole  object  of  the  proceeding  was  to  convict,  whether  innocent  or  guilty. 


730 


AMERICAN  BASTILE. 


prosecution,  or  so  modified  the  language  which  they  said 
was  used  by  Mr.  Vallandigham,  that  made  it  susceptible  of 
quite  a  different  construction  from  that  put  upon  it  by  the 
prosecution.  The  accused  ^Mr.  Vallandigham)  had  also 
three  other  witnesses,  to  wit :  Leckey  Harper,  J.  T.  Irvine, 
and  Frank  H.  Hurd,  who  were  expected,  but  had  not  ar- 
rived when  Mr.  Cox  concluded  his  evidence,  but  the  Judge 
Advocate  said  that  he  agreed  with  the  accused,  that  they 
would  testify  substantially  to  svhat  Mr.  Cox  had  stated,  and 
thereupon  the  case  closed. 

Mr.  Vallandigham  then  said :  44  Gentlemen  of  the  Court, 
very  briefly  and  respectfully  I  offer  the  following  protest :  " 

Mr.  Vallandigham's  Protest. 

"Arrested  without  process  of  law,  without  warrant  from  any  judi- 
cial officer,  and  now  in  military  custody,  I  have  been  served  with  a 
charge  and  specifications,  as  from  a  court-martial  or  military  com- 
mission. I  am  not  in  either  the  land  or  the  naval  service  of  the 
United  States,  and  therefore  am  not  triable  for  any  cause  by  such 
Court,  but  am  subject,  by  the  express  terms  of  the  Constitution,  to 
arrest  only  by  due  process  of  law,  or  warrant  issued  by  some  officer 
of  a  court  of  competent  jurisdiction  for  trial  of  citizens.  I  am  sub- 
ject to  indictment  and  trial  on  presentation  of  a  grand  jury,  and  am 
entitled  to  a  speedy  trial,  to  be  confronted  with  witnesses,  and  to 
compulsory  process  for  witnesses  in  my  behalf,  and  am  entitled  to 
counsel.  All  these  I  demand,  as  my  right  as  a  citizen  of  the  United 
States.  But  the  alleged  offence  is  not  known  to  the  Constitution, 
nor  to  any  law  thereof.  It  is  words  spoken  to  the  people  of  Ohio  in 
an  open  public  political  meeting,  lawfully  and  peacefully  assembled, 
under  the  Constitution,  and  upon  full  notice. 

■  It  is  words  of  criticism  of  the  public  policy,  of  the  public  ser- 
vants of  the  people,  by  which  policy  it  was  alleged  that  the  welfare 
of  the  country  was  not  promoted.  It  was  an  appeal  to  the  people 
to  change  that  policy,  not  by  force,  but  by  free  elections  and  the 
ballot-box.  It  is  not  pretended  that  I  counselled  disobedience  to  the 
Constitution  or  resistance  to  the  law  or  lawful  authority.  I  never 
have.    I  have  nothing  further  to  submit 

"  (Signed)  C.  L.  Vallandigham. 

"May  7." 


CLEMENT    L.  VALLANDIGHAM. 


731 


Judge  Advocate.  "  I  find  nothing  in  the  defence  of  the 
accused  to  call  for  remark,  except  that  in  regard  to  counsel 
and  summoning  of  witnesses.  He  was  permitted  to  have, 
and  did  have,  counsel  to  consult  with,  and  an  opportunity 
was  offered  him  to  send  for  witnesses." 

The  Court  was  then  cleared  for  deliberation,  and  after  a 
session  of  three  hours,  their  decision  was  made  and  sub 
raitted  to  General  Burnside  for  his  approval. 

FINDING  AND  SENTENCE. 

u  The  Commission,  after  mature  consideration,  on  the  evidence  ad- 
duced and  the  statement  of  the  accused,  find  the  accused,  Clement 
L.  Vallandigham,  a  citizen  of  the  State  of  Ohio,  as  follows : 

"  Of  the  charge,  '  Guilty/ 

"  And  the  Commission  do  therefore  sentence  him,  the  said  Clement 
L.  Vallandigham,  a  citizen  of  the  State  of  Ohio,  to  be  placed  in  close 
confinement  in  some  fortress  of  the  United  States,  to  be  designated 
by  the  commanding  officer  of  this  Department,  there  to  be  kept  dur 
ing  the  continuance  of  the  war. 

"  II.  The  proceedings,  finding,  and  sentence  in  the  foregoing  case 
are  approved  and  confirmed,  and  it  is  directed  that  the  place  of  con- 
finement of  the  prisoner,  Clement  L.  Vallandigham,  in  accordance 
with  said  sentence,  be  Fort  Warren,  Boston  Harbor. 
"  By  command  of  Major-General  Burnside. 

Lewis  Richmond, 

Ass't  Adj. -General." 

Two  days  after  the  trial,  before  the  Military  Commission, 
Hon.  George  E.  Pugh,  on  behalf  of  Mr.  Vallandigham, 
moved  for  a  writ  of  habeas  corpus  before  Humphrey  H. 
Leavitt,  Judge  of  the  United  States  Court  for  the  Southern 
District  of  Ohio.  The  privileges  of  the  writ  had  not  then 
been  suspended,  and  the  pretence  that  the  President  had  a 
right  to  suspend  it  had  been  exploded.  The  motion  was 
argued  with  great  ability  by  Mr.  Pugh,  but  after  two  or 
three  days'  consideration,  and  after  consultation  (?)  with 
General  Burnside,  Judge  Leavitt  denied  the  motion,  and 
refused  to  grant  the  writ,  on  the  ground  that  the  arrest  was 


732 


AMERICAN  BASTILE. 


legal,  and  that  if  it  were  illegal,  it  would  not  be  obeyed. 
One  sentence  taken  from  the  opinion  of  this  distinguished 
jurist  will  give  some  idea  of  the  language  of  the  whole  de- 
cision. He  says :  "  The  sole  question  is  whether  the  arrest  was 
legal;  and,  as  before  remarked,  its  legality  depends  on  the  necessity 
which  existed  for  making  it,  and  of  that  necessity,  for  the  reason 
stated,  this  Court  cannot  judicially  determine"  Such  ignorance 
and  disregard  of  law,  and  of  the  administration  of  justice, 
are  a  disgrace  to  the  profession,  and  a  libel  on  American 
jurisprudence.  The  position  assumed  in  this  opinion  is 
equal  in  ignorance  and  audacity,  as  an  insult  to  the  intelli- 
gence of  the  American  people,  to  that  of  President  Lincoln's 
reply  in  answer  to  the  address  of  the  Albany  committee, 
who  waited  upon  him  in  regard  to  Mr.  Vallandigham's 
arrest,  when  he  said,  "  Mr.  Vallandigham's  arrest  had  been 
for  prevention,  and  not  for  punishment;  not  so  much  for  what 
had  been  done,  as  for  what  probably  would  be  done" 

If  the  reader  will  turn  to  the  Milligan  Case  —  in  this 
volume  —  he  will  find  that  the  Supreme  Court  of  the 
United  States  decided  —  the  decision  being  delivered  by  a 
Republican  judge,  David  Davis,  all  the  members  of  the 
Court  agreeing  —  that  both  the  trial  by  a  military  commis 
sion,  and  the  denial  of  the  writ  of  habeas  corpus,  were 
illegal  and  arbitrary ;  and  further,  that  neither  the  Presi 
dent  nor  Congress  could  suspend  the  writ  of  habeas  corpus 
in  a  State  not  in  rebellion  ;  nor  could  a  citizen  of  a  State,  not 
in  rebellion,  be  legally  tried  by  a  military  commission  or 
court-martial.  This  decision  covers  the  whole  ground  occu- 
pied by  the  Democratic  party  in  their  defence  of  constitu- 
tional liberty,  and  in  their  opposition  to  the  manner  in 
which  the  war  was  conducted,  for  which  they  were  branded 
as  being  " disloyal"  and  is  an  indorsement  of  all  they  ever 
contended  for. 

The  sentence  of  Mr.  Vallandigham  was  not  made  known 
until  severa'x  days  after  the  denial  of  the  motion  for  the 
writ  of  habeas  corpus.  The  Commission,  in  their  sentence, 
contemplated  imprisonment  in  Fort  Warren  during  the  war. 


CLEMENT    L.  VALLANDIGHAM. 


733 


The  proposition  of  sending  him  to  the  Dry  Tortugas  Islands 
was  discussed,  and  it  is  even  said  that  it  was  the  original 
purpose  of  General  Burnside  to  have  the  sentence  of  death 
passed  upon  him,  but  was  deterred  from  carrying  this  pur- 
pose into  effect  by  the  indignation  of  the  people,  especially 
Democrats,  who  had  become  aroused  and  violent  on  account 
of  the  arrest. 

When  the  arrest  and  the  result  of  the  proceedings  of  the 
military  commission  had  become  generally  known,  indigna- 
tion meetings  —  immense  in  numbers  and  influential  in 
character  —  were  held  throughout  the  North  and  West.  At 
New  York,  Philadelphia,  Albany,  and  elsewhere,  Demo- 
crats assembled  by  thousands,  and  tens  of  thousands,  and 
protested  against  this  usurpation  of  power.  Committees, 
composed  of  leading  and  conservative  men,  were  appointed 
to  wait  on  the  President,  and  urge  him  to  reconsider  and 
recall  this  arbitrary  and  illegal  action,  but  the  only  response 
they  received  to  these  protestations  was,  "  Ephraim  is  joined 
to  his  idols,  let  him  alone." 

On  the  19th  of  May,  1863,  Mr.  Yallandigham  was  placed 
upon  the  gunboat  Exchange,  commanded  by  Captain  John 
Sebastian,  to  be  taken  to  Louisville  on  his  way  South.  A 
day  or  two  after  he  was  placed  on  board  the  Exchange,  he 
was  informed  of  the  change  in  his  sentence,  from  imprison- 
ment in  Fort  Warren  to  banishment  to  the  South,  within 
the  Confederate  lines.  Immediately  on  being  informed  of 
this  change  in  his  sentence,  he  drew  up  an  address  to  the 
Democracy  of  Ohio,  which  he  delivered  to  a  friend,  and  at 
11  o'clock  on  the  22d  of  May,  the  gunboat  started  down  the 
Ohio  river  with  the  distinguished  exile  on  board.  The  fol- 
lowing is  a  copy  of  his  address  to  the  Democracy  of  Ohio 

"  Military  Prison,  Cincinnati,  Ohio, 
May  22,  1863. 

"  To  the  Democracy  of  Ohio  : 

"  Banished  from  my  native  State  for  no  crime  save  Democratic 
opinions,  and  free  speech  to  you  in  their  defence,  and  about  to  go  into 
exile,  not  of  my  own  will,  but  by  the  compulsion  of  an  arbitrary  and 


734 


AMERICAN    B  ASTILK 


tyrannical  power  which  I  cannot  resist,  allow  me  a  parting  word. 
Because  despotism  and  superior  force  so  will  it,  I  go  within  the  Con. 
federate  lines.  I  well  understand  the  purpose  of  this  order.  But  in 
vain  the  malice  of  enemies  shall  thus  continue  to  give  color  to  the 
ealumuies  and  misrepresentations  of  the  past  two  years.  They  little 
comprehend  the  true  character  of  the  man  with  whom  they  have  to 
deal.  No  order  of  banishment,  executed  by  superior  force,  can  re- 
lease me  from  my  obligations,  or  deprive  me  of  my  rights  as  a  citizen 
of  Ohio  and  of  the  United  States.  My  allegiance  to  my  own  State 
and  Government  I  shall  recognize,  wheresoever  I  may  be,  as  binding 
in  all  things,  just  the  same  as  though  I  remained  upon  their  soil. 
Every  sentiment  and  expression  of  attachment  to  the  Union,  and 
devotion  to  the  Constitution  —  to  my  country  —  which  I  have  ever 
cherished  or  uttered,  shall  abide  unchanged  and  unretracted  till  my 
return.  Meantime,  I  will  not  doubt  that  the  people  of  Ohio,  cower- 
ing not  a  moment  before  the  threats  or  the  exercise  of  arbitrary 
power,  mil,  in  every  trial,  prove  themselves  worthy  to  be  called 
freemen.  C.  L.  Vallandigham." 

For  want  of  space,  we  will  give  but  a  brief  account  of  Mr. 
Vallandigham's  travels  from  the  time  of  the  departure  of  the 
gunboat  Exchange,  from  Cincinnati,  until  the  time  of  his 
sudden  and  unexpected  return  to  his  native  State,  Ohio. 
There  are  many  incidents  connected  with  these  travels  which 
are  exceedingly  interesting,  the  history  of  which,  however, 
do  not  properly  belong  to  our  subject. 

The  gunboat  Exchange  arrived  at  Louisville  on  the  23d  of 
May,  and  after  remaining  there  a  few  hours,  Mr.  Vallandig- 
ham was  placed  under  a  strong  guard,  and  started,  by  way 
of  Nashville,  for  Murfreesboro',  Tennessee,  then  the  outpost 
of  the  Northern  army.  When  he  reached  Murfreesboro'  he 
was  taken  to  the  house  of  Hon.  Charles  Ready,  the  head- 
quarters of  the  Provost-Marshal.  Here  he  first  met  General 
Rosecrans,  who  rather  upbraided  him,  without  being  offen- 
sive, for  his  opposition  to  the  war,  and  also  spoke  of  the  feel- 
ing in  the  army  against  men  in  the  North  who  were  con- 
sidered "  disloyal."  Mr.  Vallandigham  answered  these 
allegations  of  "  disloyalty  "  in  a  firm  and  dignified  manner; 


CLEMENT    L.  VALLANDIGflAM.  735 


bo  much  so  that  the  General  was  taken  by  surprise,  and, 
when  he  had  partly  recovered  from  this  unexpected  vindica- 
tion of  himself  and  his  Northern  Democratic  friends,  by  Mr. 
Vallandigham,  he  remarked,  "  Why,  sir,  do  you  know  that 
unless  I  protect  you  with  a  guard,  my  soldiers  will  tear  you 
to  pieces  in  an  instant?"  Mr.  Vallandigham  replied,  "  That, 
sir,  is  because  they  are  just  as  prejudiced  and  ignorant  ol  my 
character  and  career  as  yourself.  But,  General,  I  have  a 
proposition  to  make.  Draw  your  soldiers  up  in  a  hollow- 
square  to-morrow  morning,  and  announce  to  them  that  Val- 
landigham desires  to  vindicate  himself,  and  I  will  guarantee 
that  when  they  have  heard  me  through  they  will  be  more 
willing  to  tear  Lincoln  and  yourself  to  pieces  than  they  will 
Vallandigham." 

The  General  declined  the  proposition,  and  said,  "  He  had 
too  much  regard  for  the  life  of  the  prisoner  to  try  it."  After 
this  little  episode,  the  conversation  became  more  general  and 
pleasant,  and  when  —  about  midnight  —  the  General  arose 
to  leave,  he  laid  his  hand  on  Mr.  Vallandigham 's  shoulder, 
and  remarked  to  one  of  his  staff  officers,  "  He  don't  look  a 
bit  like  a  traitor,  now,  does  he,  Joe  ?  "  When  their  long 
interview  —  about  four  hours,  which  was  rather  convivial 
than  otherwise  —  ended,  and  the  General  had  warmly  shaken 
the  distinguished  prisoner  by  the  hand  and  retired,  the 
sound  of  hoofs  and  the  rattling  of  sabres  reminded  him  that 
he  was  banished,  but  "  not  set  free." 

About  two  o'clock  in  the  morning  Major  Miles,  the  Pro- 
vost-Marshal, surrounded  by  a  large  body  of  cavalry,  started 
in  the  darkness,  with  the  prisoner,  toward  the  Confederate 
lines,  by  way  of  the  Shelby ville  pike,  and,  after  marching 
about  an  hour,  stopped  at  the  house  of  a  Mr.  Butler,  until 
the  day  began  to  dawn,  when  they  proceeded  on  their  march. 
When  they  had  reached  within  a  short  distance  of  the  Con- 
federate lines  a  halt  was  made,  and  while  the  officeis  in 
charge  of  him  went  with  a  flag  of  truce  to  inform  the  officer 
in  command  of  the  Southern  pickets  of  the  arrival  of  Mr. 
Vallandigham,  and  of  their  mission,  he  tarried  at  the  house 


736  AMERICAN  BASTILE. 

of  a  Mrs.  Alexander,  where  he  breakfasted.  The  Confed- 
erate officer,  doubting  the  propriety  of  receiving  Mr.  Vallan* 
digham  within  the  Southern  lines,  sent  word  to  General 
Bragg  of  the  condition  of  affairs ;  but  as  General  Bragg's 
headquarters  were  sixteen  miles  in  the  rear  of  the  advance 
post  of  the  Confederate  picket-line,  and  considerable  time 
would  elapse  before  orders  could  be  received  from  the  Con- 
federate headquarters,  the  Federal  officer  having  the  pris- 
oner in  charge,  not  wishing  to  be  delayed,  took  him  within 
a  short  distance  of  the  extreme  picket-line  of  the  Confederate 
forces,  and  left  him  at  the  house  of  Jeremiah  Odell.  During 
the  proceedings  of  this  transfer  from  the  Federal  to  the  Con- 
federate lines,  it  was  observable  that  Mr.  Vallandigham  was 
affected,  although  he  endeavored  to  conceal  his  feelings,  and 
with  partial  success.  A  private  in  the  Eighth  Alabama 
regiment  was  sent  to  meet  him,  but  before  the  Federal 
officers  left,  Mr.  Vallandigham  addressed  these  words  to  the 
Confederate  soldier:  "I  am  a  citizen  of  Ohio  and  of  the 
United  States.  I  am  here  within  your  lines  by  force,  and 
against  my  will.  I  therefore  surrender  myself  to  you  as  a 
prisoner  of  war."  The  Federal  officers  then  bade  him  fare- 
well and  galloped  away.  In  this  novel  situation  Mr.  Val- 
landigham was  left  for  several  hours,  before  orders  were 
received  from  General  Bragg.  "  They  were  hours,"  said  he, 
u  of  solitude,  but  calmly  spent  —  the  bright  sun  shining  in 
the  clear  sky  above  me,  and  faith  in  God  and  the  future 
burning  in  my  heart." 

About  noon  a  message  came  from  General  Bragg  to  bring 
Mr.  Vallandigham  to  his  headquarters,  and,  seated  in  an 
ambulance,  under  an  escort  of  cavalry,  he  was  driven  through 
numerous  camps  to  Shelbyville,  where  he  arrived  soon  after 
dusk,  and  proceeded  immediately  to  the  headquarters  of 
General  Bragg.  In  the  evening,  after  an  interview  with 
General  Bragg,  he  was  invited  to  the  residence  of  Mrs. 
Eakin,  where  he  was  provided  with  a  comfortable  room,  and 
retired  early,  as  he  had  not  slept  more  than  half  an  hour 
since  the  previous  Saturday  night.    He  remained  in  Shelby- 


CLEMENT    L.  VALLANDIGHAM.  737 

ville  about  a  week,  most  of  the  time  in  seclusion,  and  on  the 
1st  of  June  was  directed  to  report,  on  parole,  to  General 
Whiting,  at  Wilmington,  North  Carolina. 

While  Mr.  Yallandigham  was  at  Wilmington,  North  Car- 
olina,  to  wit,  on  the  11th  of  June,  the  Democratic  State  Con- 
vention  of  Ohio  assembled  at  Columbus.  It  was  one  of  the 
largest  political  gatherings  ever  held  in  the  United  States. 
People  came,  in  vast  numbers,  from  every  section  of  the 
State,  and  were  wild  with  excitement  because  of  the  arrest 
and  banishment  of  one  of  their  most  prominent  and  beloved 
citizens.  When  the  Convention  organized  a  ballot  wa* 
taken  for  Governor,  and  Mr.  Yallandigham  was  nominated 
by  a  vote  of  four  hundred  and  eleven  to  thirteen.  The  nomi 
nation  was  then  made  unanimous,  amidst  the  most  un- 
bounded  applause.  No  greater  compliment  could  be  given 
to  or  confidence  placed  in  a  man.  The  Convention  was  com- 
posed of  many  of  the  leading  men  in  the  State— of  many  of 
his  fellow-citizens  who  had  known  him  from  his  childhood — 
and  while  he  was  in  "  exile,"  the  people  arose,  en  masse,  to  do 
him  honor  and  elevate  him  to  the  highest  position  in  his 
native  State. 

It  may  be  proper  to  state  in  this  connection,  that  Mr. 
Yallandigham,  while  involuntarily  in  the  Confederate  States, 
was  held  as  an  alien  enemy  and  prisoner  of  war,  on  parole, 
however,  and  with  the  privilege  to  depart  when  he  wished 
to  do  so. 

At  Wilmington  he  embarked  on  board  the  steamer  Cor- 
nubia,  Captain  Gayle,  which,  on  the  evening  of  the  17th  of 
June,  successfully  ran  through  the  blockading  squadron,  and 
arrived  at  Bermuda  on  the  20th.  An  incident  occurred, 
when  he  was  on  board  the  Cornubia,  which  showed  Mr.  Yal- 
landigham's  entire  self-control  in  case  of  emergency,  and 
the  fertility  of  resources  which  he  always  had  at  command. 
During  the  passage  from  Wilmington  to  Bermuda,  a  United 
States  war-steamer  hove  in  sight  and  bore  down  on  the 
Cornubia.  The  Captain  of  the  Cornubia,  as  well  as  the  pas- 
sengers, became  much  alarmed  at  this  demonstration,  because 
47 


738 


AMERICAN  BASTILE. 


there  were  many  things  on  board  contraband  of  war,  and 
Confederate  officers  and  agents,  who,  no  doubt,  had  valuable 
papors  with  them.  As  the  war-steamer  approached  nearer 
and  nearer,  she  being  a  fast  sailing  vessel,  the  alarm  in- 
creased. In  this  perplexity  the  Captain  rushed  into  Mr. 
Vallandigham 's  room  to  know  what  to  do.  Mr.  Vallandig- 
ham, without  any  apparent  alarm,  inquired  if  there  were 
any  British  uniforms  on  board,  and  being  informed  that 
there  were,  told  the  Captain  to  dress  his  men  in  these 
uniforms  and  march  them  up  and  down  the  deck,  so 
as  to  produce  the  impression  that  it  was  an  English  trans- 
port ship.  This  ruse  had  the  desired  effect — the  red  coats 
made  quite  a  display  on  the  deck  of  the  Cornubia;  the 
United  States  war-steamer  immediately  changed  her  course, 
and  the  Cornubia  went  on  her  way  without  any  further  alarm 
to  Captain  or  passengers. 

Mr.  Vallandigham  remained  in  Bermuda  about  ten  days, 
and  then  took  ship  for  Halifax,  where  he  landed  on  the  5th 
of  July.  From  Halifax  he  went  by  way  of  Truro  to  Pictou, 
anxl  then  by  steamer  up  the  Gulf  and  River  St.  Lawrence 
to  Quebec — thence  to  Montreal  and  Niagara  Falls.  At  all 
these  points  he  was  received  most  hospitably. 

A  correspondent  of  a  New  York  paper  writing  from 
Montreal,  July  14th,  says : 

"As  soon  as  it  was  known  that  Mr.  Vallandigham  was  in  Canada, 
Englishmen,  Scotchmen,  and  Irishmen,  who,  as  the  sons  of  men  that 
for  five  hundred  years  fought  for  the  trial  by  jury,  knew  the  value 
of  Magna  Charta  and  of  habeas  corpus,  and  of  the  petition  of  right, 
met  almost  spontaneously  to  bear  tribute  to  him  in  whose  person 
these  three  great  bulwarks  of  British  liberty  had  been  violated." 

At  Montreal  some  of  the  most  distinguished  gentlemen 
of  Canada  gathered  around  him.  The  Club  House  tendered 
him  a  very  handsome  entertainment,  which  he  accepted,  and 
in  reference  to  the  speech  which  he  made  on  this  occasion 
the  same  correspondent  says : 

"  Mr.  Vallandigham  confined  his  remarks  to  general  principles  of 


• 


CLEMENT    L.  VALLANDIGHAM.  739 

liberty,  law,  Magna  Charta,  and  habeas  corpus,  without  any  personal 
application  to  his  own  case,  and  dwelt  upon  how  much  the  framere 
of  the  Constitution  were  guided  by  the  British  Barons  of  Runymede, 
my  Lord  Coke,  the  extorters  of  the  right  of  petition  from  King 
Charles,  the  persevering  energy  that  drew  out  that  British  writ  of 
liberty,  the  habeas  corpus,  &c." 

Mr.  Vallandigham  arrived  at  Niagara  Falls  on  the  15th 
of  July,  and  stopped  at  the  Clifton  House.  On  the  same 
day  he  issued  an  address  uTo  the  Democracy  of  Ohio"  which 
was  most  enthusiastically  received  and  threw  new  life  and 
spirit  into  the  campaign.  He  remained  at  Niagara  Falls 
and  in  the  vicinity  until  the  latter  part  of  August,  and 
thence  proceeded  to  Windsor,  C.  W.,  opposite  Detroit,  Mich- 
igan, where  he  arrived  on  the  24th  inst.  From  this  point 
he  had  frequent  communications  with  his  fellow-citizens  of 
Ohio,  although  he  was  continually  surrounded  by  spies  and 
informers. 

We  have  stated  that  on  the  night  of  the  4th  of  May,  18G3, 
Clement  L.  Vallandigham,  a  citizen  of  the  State  of  Ohio, 
was  kidnapped  by  the  Government  of  the  United  States ; 
that  on  the  6th  inst.  he  was  put  on  mock  trial  before  a  mili- 
tary commission  formed  to  convict ;  that  his  sentence  was 
banishment,  and  that  on  the  19th  inst.  he  was  placed  on 
board  the  gunboat  Exchange,  to  be  carried  down  the  Ohio 
River  to  Louisville,  and  thence  to  be  taken  and  placed 
within  the  Confederate  lines,  as  an  exile. 

On  the  night  of  the  14th  of  June,  1864,  Clement  L.  Val- 
landigham is  at  Windsor,  Canada  West,  making  prepara- 
tions for  his  return  to  his  home,  in  Ohio.  His  eyebrows 
have  suddenly  become  dark  and  heavy;  his  usually  clean- 
shaven upper  lip  has  been  covered  with  a  long,  thick-set 
moustache ;  his  closely-cut  whiskers  have  been  secreted  by 
a  huge  black  beard  flowing  down  over  his  bosom ;  his  cor- 
pulence is  much  increased  by  a  pillow  stuffed  beneath  his 
outer  garments,  and  his  entire  external  appearance  presents 
a  complete  metamorphose.  Of  his  intended  departure  no 
one  knew ;  of  his  designs  no  one  knew.   Thus  disguised,  he 


v 


740  AMERICAN  BASTILE. 

quietly  emerges  from  his  room  at  the  Hirons  House  and 
soon  joins  the  passengers  on  their  way  to  the  boat  which 
plies  between  the  shores  of  Her  Majesty's  dominions  and 
those  of  the  United  States.  He  reaches  the  boat  in  safety ; 
he  crosses  the  river  safely,  but  "  there  is  many  a  slip  be- 
twixt the  cup  and  the  lip."  Just  as  he  is  about  to  leave  the 
boat  and  set  his  foot  once  more  on  the  soil  of  his  "  own 
native  land,"  he  is  approached  by  one  of  those  sneaking 
United  States  officials,  so  obnoxious  to  every  American  free- 
man during  those  bitter  times,  who  punches  him  in  the 
abdomen,  at  the  same  time  making  the  remark :  "  See  here, 
old  fellow,  that  won't  do — you  Ve  got  contraband  there." 
Although  a  man  of  nerve,  Mr.  Yallandigham  was  quite  dis- 
concerted at  this  proceeding,  and  waiting  for  a  moment  to 
recover  from  his  embarrassment  before  he  would  make  a 
reply,  the  officer,  who  by  this  time  concluded  he  had  made  a 
mistake,  came  to  his  rescue,  by  saying,  "  Pardon  me,  I  see  I 
am  mistaken ;  but  I  have  to  watch  for  tricks."  Feeling  a 
heavy  burden  lifted  from  a  heavy  heart  by  this  unexpected 
result,  Mr.  Yallandigham  merely  bowed,  left  the  boat  and 
passed  on  into  the  streets  of  Detroit.  Here  he  was  again 
subjected  to  espionage.  Having  violated  a  petty  municipal 
ordinance,  of  which  he  was  ignorant,  he  was  arrested.  The 
police-officer  who  made  the  arrest  said  to  him,  "  Come  here 
to  the  light ;  let  me  look  at  you."  They  both  went  to  a 
lamp-post,  where  they  eyed  each  other  sharply  under  the  gas- 
light, when  the  officer  said,  "  Well,  you  look  like  an  honest 
man  and  a  gentleman."  Mr.  Vallandigham,  still  keeping 
his  eye  steadily  fixed  on  the  officer,  said,  with  emphasis, 
u  Sir,  I  am  an  honest  man  and  a  gentleman"  To  which  the 
officer  replied :  "  Then  it 's  all  right ;  you  can  go."  Mr.  Yal- 
landigham having  escaped  another  perilous  situation,  bade 
him  good-night,  and  proceeded  to  the  railroad  depot.  Here 
it  was  necessary  for  him  to  say  something,  and  when  he 
first  spoke,  he  noticed  a  man  turn  quickly  around  and 
look  at  him.  On  a  second  observation  he  saw  it  was  a  col- 
ored man,  and  took  no  further  notice  of  his  movements) ; 


CLEMENT    L.  V  ALLANDIOH  AM.  741 

but  when  he  got  on  the  train,  the  same  man  came  up  to  him 
and  whispered,  "  I  know  your  voice,  but  you  are  safe."  Mr 
Vallandigham  had  previously  done  this  colored  man  a  kind- 
ness, which  he  had  not  forgotten,  and  for  which  he  now 
showed  his  gratitude,  and  allowed  Mr.  Vallandigham,  who 
was  in  his  power,  go  unmolested.  Having  thus  so  narrowly 
M  escaped  perils  by  sea  and  land,"  he  was  soon  comfortably 
lodged  in  the  berth  of  a  sleeping-car,  and  hurried  along 
through  the  night  to  the  Democratic  Convention,  which 
met  on  the  15th,  at  Hamilton,  Ohio,  to  elect  delegates  to 
the  National  Democratic  Convention,  to  be  held  at  Chicago. 
Passing  through  Dayton,  his  own  home,  he  arrived  at  Ham- 
ilton in  the  forenoon  of  the  day  on  which  the  Convention 
met,  and  at  the  very  moment  when  the  Montgomery  County 
delegation  was  discussing  the  propriety  of  electing  him  a 
delegate  to  the  Chicago  Convention,  hoping  thereby  to 
facilitate  his  return.  On  his  arrival  at  Hamilton,  he  imme- 
diately sent  a  note  to  the  Convention,  of  which  the  follow- 
ing is  a  copy : 

**  To  J.  A.  McMahon  or  William  H.  Gillespie. 

"  I  am  in  town,  and  will  speak  at  the  Court-House  at  two.  Get  out 

handbills.  _  _  _ 

"  C.  L.  Vallandigham. 

As  no  one  expected  his  return,  the  news  of  his  arrival 
came  like  a  clap  of  thunder  from  a  cloudless  sky,  and  created 
the  wildest  excitement.  He  was  elected  a  delegate  to  the 
Chicago  Convention,  and  in  that  body  moved  that  the 
nomination  of  General  George  B.  McClellan  for  President 
be  made  unanimous. 

Before  the  Hamilton  Convention  had  completed  its  busi- 
ness, the  news  spread  abroad  that  Vallandigham  was  coming, 
and  a  great  crowd  ran  to  meet  him.  He  was  borne  on  the 
shoulders  of  the  populace  to  a  platform  erected  for  the  occa- 
sion, in  the  Court-yard,  from  which  he  spoke  as  follows : 

*  Mm  of  Ohio :  —  To-day  I  am  again  in  your  midst,  and  upon  the 
toil  of  my  native  State.    To-day  I  am  once  more  within  the  District 


742 


AMERICAN  BASTILE. 


which  for  ten  years  extended  to  me  the  highest  confidence,  and  three 
times  honored  me  as  its  representative  in  the  Congress  of  the  United 
Statet,  I  was  accused  of  no  crime  against  the  Constitution  and  laws, 
and  guilty  of  none,  but  whenever  and  wherever  thus  charged,  upon 
due  process  of  law,  I  am  now  here  ready  to  answer  before  any  civil 
court  of  competent  jurisdiction,  to  a  jury  of  my  own  countrymen, 
and  in  the  meantime  to  give  bail  in  auy  sum  which  any  judge  or 
court,  State  or  Federal,  may  affix ;  and  you,  the  one  hundred  and 
eighty-six  thousand  Democrats  of  Ohio,  I  offer  as  my  sureties.  Never 
for  one  hour  have  I  remained  in  exile  because  I  recognized  any 
obligation  of  obedience  to  the  unconstitutional  and  arbitrary  edict, 
neither  did  personal  fear  ever  restrain  me.  And  to-day  I  return  of 
my  own  act  and  pleasure,  because  it  is  my  constitutional  and  legal 
right  to  return.  Only  by  an  exertion  of  arbitrary  power,  itself 
against  the  Constitution  and  law,  and  consummated  by  military  force, 
I  was  abducted  from  my  home  and  forced  into  banishment.  The 
assertion  or  insinuation  of  the  President  that  I  was  arrested  '  because 
laboring  with  some  effect  to  prevent  tKe  raising  of  troops  and  to  en- 
courage desertion  from  the  army/  and  was  responsible  for  numerous 
acts  of  resistance  to  the  draft  and  to  the  arrest  of  deserters,  causing 
'  assassination,  maiming,  and  murder ; '  or  that  at  any  time,  in  any 
way,  I  had  disobeyed  or  failed  to  counsel  obedience  to  the  lawful 
authority,  or  even  to  the  semblance  of  law,  is  absolutely  false.  I 
appeal  for  the  proof  to  every  speech  I  ever  made  upon  those  ques- 
tions, and  to  the  very  record  of  the  mock  Military  Commission  by 
the  trial  and  sentence  of  which  I  was  outraged.  No ;  the  sole  offence 
then  laid  to  my  charge  was  words  of  criticism  of  the  public  policy 
of  the  Administration,  addressed  to  an  open  and  public  political 
meeting  of  my  fellow-citizens  of  Ohio,  lawfully  and  peaceably  as- 
sembled. And  to-day  my  only  *  crime '  is,  that  in  the  way  which 
they  call  treason,  worship  I  the  Constitution  of  my  fathers.  But  for 
now  more  than  one  year  no  public  man  has  been  arrested,  and  no 
newspaper  suppressed  within  the  States  adhering  still  to  the  Union, 
for  expression  of  political  opinion ;  while  hundreds,  in  public  assem- 
bly and  through  the  press,  have,  with  a  license  and  violence  in  which 
I  never  indulged,  criticised  and  condemned  the  acts  and  policies  of 
the  Administration,  and  denounced  the  war,  maintaining  even  the 
propriety  and  necessity  of  the  recognition  of  Southern  independence, 
Endorsed  by  nearly  two  hundred  thousand  freemen  of  the  Democratic 
party  of  my  native  State  at  the  late  election,  and  still  with  the  syn* 


CLEMENT    L.  VALLANDIGHAM. 


743 


pathy  and  support  of  millions  more,  I  do  not  mean  any  longer  to  be 
the  only  man  of  that  party  who  is  to  be  the  victim  of  arbitrary 
power.  If  Abraham  Lincoln  seeks  my  life,  let  him  so  declare ;  but 
he  shall  not  again  restrain  me  of  my  personal  liberty,  except  upon 
'due  process  of  law.'  The  unconstitutional  and  monstrous  'Order 
No.  38/  under  which  I  alone  was  arrested  thirteen  months  ago,  was 
defied  and  spit  upon  at  your  State  Convention  of  1863,  by  the  gal- 
lant gentleman  who  bore  the  standard  as  your  candidate  for  Lieuten- 
ant-Governor, and  by  every  Democratic  press  and  public  speaker 
ever  since.  It  is  dead.  From  the  first  it  was  against  the  Constitu- 
tion and  laws,  and  without  validity ;  and  all  proceedings  under  it 
were  and  are  utterly  null  and  void,  and  of  no  effect.  The  indignant 
voice  of  condemnation  long  since  went  forth  from  the  vast  majority 
of  the  people  and  pres3  of  America,  and  from  all  free  countries 
in  Europe,  with  entire  unanimity.  And  more  recently,  too,  the 
'  platform '  of  an  earnest,  numerous,  and  most  formidable  convention 
of  the  sincere  Republicans,  and  still  further,  the  emphatic  letter  of 
acceptance  by  the  candidate  of  that  Convention,  General  John  C. 
Fremont,  the  first  candidate  also  of  the  Republican  party  for  the 
Presidency  eight  years  ago,  upon  the  rallying  cry  of  Free  Speech  and 
a  Free  Press,  give  renewed  hope  that  at  last  the  reign  of  arbitrary 
power  is  about  to  be  brought  to  an  end  in  the  United  States.  It  is 
neither  just  nor  fit,  therefore,  that  the  wrongs  inflicted  under  'Order 
Thirty-Eight,'  and  the  after-edicts  and  acts  of  such  power,  should  any 
longer  be  endured  —  certainly  not  by  me  alone.  But  every  ordinary 
means  of  redress  has  first  been  exhausted ;  yet  either  by  the  direct 
agency  of  the  Administration  and  its  subordinates,  or  through  its 
influence  or  intimidation,  or  because  of  want  of  jurisdiction  in  the 
civil  courts  to  meet  a  case  which  no  American  ever  in  former  times 
conceived  to  be  possible  here,  all  have  failed.  Counsel  applied  in 
my  behalf  to  an  unjust  judge  for  the  writ  of  habeas  corjyus.  It  was 
denied ;  and  now  the  privilege  of  that  writ  is  suspended  by  Act  of 
Congress  and  Executive  order  in  every  State.  The  Democratic  Con- 
vention of  Ohio,  one  year  ago,  by  a  resolution  formally  presented 
through  a  committee  of  your  best  and  ablest  men,  in  person,  at 
Washington,  demanded  of  the  President,  in  behalf  of  a  very  large 
minority  of  the  people,  a  revocation  of  the  edict  of  banishment.  Pre- 
tending that  the  public  safety  then  required  it,  he  refused,  saying  at 
the  same  time  that  '  it  would  afford  him  pleasure  to  comply  as  soon 
v  he  could  by  any  means  be  made  to  believe  that  the  public  safety 


744 


AMERICAN  BASTILE. 


would  not  suffer  by  it.'  One  year  has  elapsed,  yet  this  hollow  pre 
tence  is  still  tacitly  asserted ;  and  to-day  I  am  here  to  prove  it  un« 
founded  in  fact.  I  appealed  to  the  Supreme  Court  of  the  United 
States;  and  because  Congress  had  never  conferred  jurisdiction  in 
behalf  of  a  citizen  tried  by  a  tribunal  unknown  for  such  purposes  to 
the  law,  and  expressly  forbidden  by  the  Constitution,  it  was  power- 
less to  redress  the  wrong.  The  time  has  therefore  arrived  when  it 
becomes  me,  as  a  citizen  of  Ohio  and  of  the  United  States,  to  demand, 
and  by  my  own  act  to  vindicate,  the  rights,  liberties,  and  privileges 
which  I  never  forfeited,  but  of  which  for  so  many  months  I  have  been 
deprived.  Wherefore,  men  of  Ohio,  I  am  again  in  your  midst  to-day. 
I  owe  duties  to  the  State,  and  am  here  to  discharge  them.  I  have 
rights  as  a  citizen,  and  am  here  to  assert  them :  a  wife  and  child  and 
home,  and  would  enjoy  all  the  pleasures  which  are  implied  in  these 
cherished  words.  But  I  am  here  for  peace,  not  turbulence ;  for  quiet, 
not  convulsion ;  for  order  and  law,  not  anarchy.  Let  no  man  of  the 
Democratic  party  begin  any  act  of  violence  or  disorder ;  but  let  none 
shrink  from  any  responsibility,  however  urgent,  if  forced  upon  him. 
Careful  of  the  rights  of  others,  let  him  see  to  it  that  he  fully  and 
fearlessly  exact  his  own.  Subject  to  rightful  authority  in  all  things, 
let  him  submit  to  excess  or  usurpation  in  nothing.  Obedient  to  Con- 
stitution and  law,  let  him  demand  and  have  the  full  measure  of  pro- 
tection which  law  and  Constitution  secure  to  him. 

"  Men  of  Ohio :  —  You  have  already  vindicated  your  right  to  hear : 
it  is  now  my  duty  to  assert  my  right  to  speak.  Wherefore,  as  to  the 
sole  offence  for  which  I  was  arrested,  imprisoned,  and  banished,  free 
speech  in  criticism  and  condemnation  of  the  Administration,  an  Ad- 
ministration fitly  described  in  a  recent  public  paper  by  one  of  its  early 
supporters,  '  marked  at  home  by  disregard  of  constitutional  rights, 
by  its  violation  of  personal  liberty  and  the  liberty  of  the  press,  and, 
as  its  crowning  shame,  by  its  abandonment  of  the  right  of  asylum,  a 
right  especially  dear  to  all  free  nations  abroad : 1  I  repeat  here  to- 
day, and  will  again,  and  yet  again,  so  long  as  I  live,  or  the  Constitu- 
tion and  our  present  form  of  Government  shall  survive,  the  words 
then  spoken  and  the  appeal  at  that  time  made,  and  now  enforced  by 
one  year  more  of  taxation  and  debt,  and  of  blood  and  disaster,  entreat- 
ing the  people  to  change  the  public  servants  and  their  policy,  not  by 
force,  but  peaceably,  through  the  ballot.  I  now  and  here  reiterate 
in  their  utmost  extent  and  with  all  their  significancy,  I  repeat  them, 
one  and  all,  in  no  spirit  of  challenge  or  bravado,  but  as  earnest,  sober, 
•olemu  truth  and  warning  to  the  people. 


CLEMENT    L.  VALLANDIOHAM. 


745 


"Three  years  have  now  passed,  men  of  Ohio,  and  the  great  issue, 
constitutional  liberty  and  free  popular  government,  is  still  before  you. 
To  you  I  again  commit  it,  confident  that  in  this  the  time  of  their 
greatest  peril  you  will  be  found  worthy  of  the  ancestors  who,  for  so 
many  ages  in  England  and  America,  in  the  field,  in  prison  and  upon 
the  scaffold,  defended  them  against  tyrants  and  usurpers,  whether  in 
council  or  in  arms." 

After  the  meeting  was  over,  Mr.  Vallandigham  and  his 
friends  took  a  car  to  themselves  and  proceeded  to  his  home, 
at  Dayton,  where,  it  is  unnecessary  to  say,  the  greatest  en- 
thusiasm, on  account  of  his  welcome  return,  prevailed. 
Carriages  were  awaiting  at  the  depot  on  the  arrival  of  the 
train,  in  which  Mr.  Vallandigham  and  his  friends  drove  to 
his  home,  where  he  was  once  more  surrounded  by  an  affec- 
tionate family,  from  whom  he  had  been  separated  by  "  banish- 
ment "  and  "  exile  "  for  more  than  a  year. 

No  attempt  at  a  re-arrest  was  made.  It  was  said  that  the 
"  government  at  Washington  "  contemplated  the  re-arrest  of 
Mr.  Vallandigham,  and  that  when  Mr.  Lincoln  was  consid- 
ering the  question,  he  asked  a  Senator  from  Ohio,  "  What  he 
thought  of  a  re-seizure  of  Mr.  Vallandigham?  to  which  the 
Senator  asked  Mr.  Lincoln,  if  he  was  ready  to  transfer  the 
army  of  Virginia  to  Ohio  ;  if  not,  the  attempt  had  better  not 
be  made." 

Had  there  been  an  attempt  to  make  a  re-arrest,  hundreds 
of  thousands  of  brave  and  patriotic  men  would  have  rallied 
around  the  standard  of  Vallandigham  in  defence  of  Constitu- 
tional liberty. 

Subsequent  events  in  the  career  of  Mr.  Vallandigham  do 
not  belong  to  our  subject,  and  here  we  close  this  narrative 
of  his  arbitrary  arrest,  illegal  imprisonment,  mock  trial,  ban- 
ishment, exile,  and  return. 

Posterity  will  read  this  chapter  in  American  history,  and 
will  render  an  impartial  verdict. 

Another  sad  record  remains  to  be  made,  and  we  have  done 
—  his  death. 

Mr.  Vallandigham  had  been  employed  as  counsel  to  defend 


746 


AMERICAN  BASTILE. 


a  man  1  7  the  name  of  Thomas  McGehan,  who  was  accused 
of  having  shot  and  killed  another,  by  the  name  of  Thomas 
Myers,  in  a  saloon  known  as  "  The  American,"  in  Hamilton, 
Butler  County,  Ohio,  on  the  night  of  the  24th  of  December, 
1870.  Others,  it  was  said,  were  implicated  in  the  murder, 
but  public  opinion  seemed  to  point  to  McG-ehan  as  the 
guilty  man,  and  the  people  of  Hamilton  and  vicinity  there- 
upon became  greatly  excited,  and  threatened  to  lynch  him. 
He  was  indicted  for  the  offence  of  killing  Myers,  as  were 
several  other  persons,  either  as  principals  or  accessories. 
The  popular  feeling  against  McGehan,  however,  continued 
so  great  that  it  was  deemed  not  only  prudent,  but  an  act  of 
justice,  that  the  venire  be  changed.  This  was  done.  It  was 
changed  to  Warren  County.  Here,  at  Lebanon,  the  county- 
seat  of  Warren  County,  the  trial  of  McGehan  was  com- 
menced, on  the  6th  of  June,  1871.  Some  of  the  ablest  and 
most  experienced  lawyers  in  the  State  were  employed,  both 
for  the  prosecution  and  for  the  defence.  To  Mr.  Vallandig- 
ham  was  assigned,  by  his  colleagues,  the  chief  management 
of  the  case  for  the  defendant  —  McGehan.  It  is  needless  to 
say  he  entered  upon  the  discharge  of  this  duty — as  was  his 
nature  in  everything  he  undertook  to  accomplish  —  with  the 
most  intense  ardor  and  great  labor.  His  whole  heart  and 
soul  seemed  to  be  wrapped  up  in  the  cause  of  his  client. 

The  trial  was  conducted  with  great  ability  and  untiring 
industry  on  both  sides.  On  Thursday,  the  15th  of  June,  the 
evidence  was  closed,  and  on  Friday  morning  J.  F.  Follett, 
Esq.,  of  Cincinnati,  commenced  the  opening  argument  for 
the  State,  which  he  concluded  about  three  o'clock  p.  m.  the 
same  day.  Mr.  Vallandigham  then  asked  for  an  adjournment 
of  the  court  until  the  next  morning,  so  that  his  colleague, 
Thomas  Millikin,  Esq.,  could  commence  his  argument  for 
the  defence  on  Saturday  morning,  consume  the  whole  day, 
and  thus  allow  him  (Mr.  Vallandigham)  Monday  to  make  his 
speech,  which  he  had  hoped  would  be  the  great  legal  argument 
of  his  life.  After  a  good  deal  of  discussion,  the  arrangement 
was  made.     Mr.  Vallandigham  was  much  pleased  at  the 


CLEMENT    L.  VALLANDIGHAM. 


747 


result,  and  left  the  court-room  in  the  most  exuberant  spirits. 
It  was  the  last  time  he  ever  appeared  in  a  court-room.* 

From  an  account  given  by  a  correspondent  of  the  Cincin- 
nati Enquirer,  we  gather  the  following  facts,  which  appeared 
in  that  paper  at  the  time,  in  relation  to  the  untimely  death 
of  Mr.  Vallandigham : 

"After  taking  supper  (the  evening  of  the  16th),  he  procured  from 
the  landlord  of  the  hotel  a  bit  of  white  muslin  cloth,  perhaps  a  foot 
square,  for  the  purpose  of  testing  to  his  own  satisfaction  the  question 
as  to  whether  a  shot  fired  from  a  pistol  in  close  proximity  to  it  would 
or  would  not  leave  a  mark  of  powder  upon  it.  Having  provided  him- 
self with  this,  and  put  his  pistol  in  his  pocket,  he  and  Mr.  Millikin 
and  Mr.  Hume  went  out  together  to  the  south  edge  of  the  town, 
beyond  the  residence  of  Governor  McBurney.  Arriving  there,  they 
were  joined  by  Mr.  McBurney,  and  the  trio  became  a  quartette. 

"  The  pistol  which  he  took  with  him  for  this  purpose  is  a  new 
revolver,  which  he  had  purchased  only  a  few  days  before  coming  to 
Lebanon.  It  is  one  of  Smith  &  Wesson's  manufacture,  with  a  four- 
inch  barrel  and  five  chambers,  and  carries  a  ball  of  j025  of  an  inch 
calibre.  It  is  a  beautiful  weapon,  handsomely,  though  not  elabo- 
rately, ornamented ;  and  its  owner  little  thought,  when  so  recently 
purchasing  it,  that  it  would  so  soon  be  the  instrument  of  his  untimely 
death. 

"  Two  shots  were  fired  into  the  cloth,  and  all  were  satisfied  with 
the  result  of  the  experiment,  and  started  back  to  the  hotel. 

"  Mr.  Millikin,  ever  cautious  and  thoughtful,  said : 

" 1  Vallandigham,  there  are  three  shots  in  your  pistol  yet.  You 
had  better  discharge  them/ 

"'For  what?'  responded  Mr.  Vallandigham. 

"  *  To  prevent  any  accident/  replied  the  cautious  attorney.  '  You 
might  shoot  yourself.' 

M  1  No  danger  of  that/  replied  Mr.  Vallandigham.  '  I  have  carried 
and  practised  with  pistols  too  long  to  be  afraid  to  have  a  loaded  one 
in  my  pocket/ 

*The  jury  in  the  case  of  McGehan  could  not  agree  and  were  discharged. 
The  case  was  then  removed  to  Montgomery  County,  where,  after  a  second  trial, 
the  jury  brought  in  a  verdict  of  murder  in  the  second  degree,  and  a  motion 
being  made  for  a  new  trial,  which  was  granted,  a  third  jury  rendered  a  ver- 
dict of  acquittal. 


748 


AMERICAN  BASTILE. 


" '  You  had  better  be  careful,  though,'  said  Mr.  Millikin. 
" '  Never  fear  me,'  was  the  reply. 

"  They  then  slowly  walked  back  toward  the  town,  and,  before  they 
had  reached  the  hotel,  separated. 

"  Arriving  at  the  Lebanon  House  alone,  Mr.  Vallandigham  was 
stopped  on  his  way  up-stairs  by  the  landlord,  and  a  package,  that  had 
been  left  for  him  in  his  absence,  placed  in  his  hands.  That  parcel 
contained  another  revolver  —  a  weapon  that  had  been  exhibited  at 
the  trial  in  Court,  and  was  not  only  unloaded,  but  had  had  the 
chambers  removed.  Proceeding  to  his  room,  he  unwrapped  the 
parcel,  and  at  the  same  time  taking  his  own  weapon  from  his  pocket, 
laid  the  two  murderous  instruments  on  the  table,  side  by  side. 

"  A  moment  later,  Mr.  Scott  Symmes,  a  young  lawyer  who  had 
been  connected  with  the  prosecution  of  the  case,  passed  the  door. 

" '  Symmes,'  said  he,  1  Follett  is  mistaken.  A  man  could  easily 
shoot  himself  as  Myers  was  shot.  Come,  and  I  will  show  you  how 
it 's  done.' 

"  Thus  invited,  Symmes  entered  the  room ;  but  a  moment  later, 
6eeing  Judge  Pope  coming  up  the  stairs,  excused  himself,  on  the 
ground  that  he  was  going  to  Hamilton  in  the  morning,  and  wished  to 
see  the  Judge  before  he  left.  He  passed  out,  and  a  minute  or  so 
afterward  Mr.  McBurney  came  into  the  room  Mr.  Vallandigham, 
still  standing  by  the  table  on  which  the  pistol  lay,  said : 

"  1 1  '11  show  you  how  Tom  Myers  shot  himself.  Follett 's  mistaken 
when  he  says  it  can't  be  done.'  Saying  this,  he  took  one  of  the  mur- 
derous instruments  in  his  hands,  put  it  into  his  pantaloons'  pocket, 
and  slowly  drawing  it  out  again,  cocking  it  as  he  drew  it  forth,  he 
attempted  to  place  it  in  the  exact  position  which  he  believed  Myers' 
weapon  to  have  assumed  at  the  moment  the  fatal  bullet  was  sped  on 
its  mission  of  death.  The  muzzle  of  the  weapon  still  within  the 
lappel  of  the  pocket,  he  brought  it  to  an  angle  of  about  forty-five 
degrees. 

" '  There,  that 's  the  way  Myers  held  it,  only  he  was  getting  up  — 
not  standing  erect/    Saying  this,  he  touched  the  trigger. 

"A  sudden  flash  —  the  half  suppressed  sound  of  a  shot  —  and 
Clement  L.  Vallandigham,  with  an  expression  of  agony,  exclaimed : 
'My  God,  I've  shot  myself!'  and  reeled  toward  the  wall  a  wounded 
and  dying  man  — wounded  and  dying  by  his  own  hands. 

"This  happened  at  the  hour  of  nine  o'clock,  or  perhaps  five  or  ten 
minutes  earlier.  In  a  second  of  time  Mr.  McBurney,  terrified  at  the 
occurrence,  rushed  out  of  the  room  and  along  the  hall  to  the  apart* 


CLEMENT    L.  VALLAN  DIOHAM.  749 


ment  where  the  jury  was  quartered.  Rapping  at  the  door,  lie  eagerly 
demanded  that  some  one  should  come  into  Mr.  Vallandigham's  room, 
as  he  had  shot  himself.  Mr.  Tischnor,  the  constable  having  them  in 
charge,  was  momentarily  absent,  but  several  of  the  jurors  hurried  into 
the  room.  Meantime  Mr.  J.  C.  Babbitt,  whose  room  (No.  17)  waa 
only  next  door,  had  heard  the  sound,  and  suspecting  its  cause,  also 
came  in.  He  arrived  first,  and  found  Mr.  Vallandigham  alone,  lean- 
ing against  the  wall.    He  asked  what  had  happened. 

" 1 1  have  foolishly  shot  myself,'  said  the  wounded  man,  as  he  sank 
into  a  chair.  '  What  folly  it  was  to  try  such  an  experiment !  By  mis- 
take I  took  up  the  wrong  pistol.'  The  pistol  had  dropped  from  his 
hand  at  the  moment  he  fired,  and  was  still  lying  on  the  floor.  The 
other  one,  empty  and  harmless,  lay  on  the  table. 

"  A  moment  later,  three  or  four  jurors  came  in  with  Mr.  McBurney, 
and  found  Mr.  Vallandigham  with  clothes  opened,  feeling  along  his 
abdomen  in  search  of  the  bullet.  He  remained  thus  employed,  and 
explaining  the  mistake  he  had  made,  for  several  minutes,  when,  grow- 
ing faint,  he  was  laid  on  the  bed.  .  .  . 

"  After  the  arrival  of  physicians,  an  examination  of  the  wound  and 
a  hurried  consultation  followed,  and  the  prostrate  man  was  informed 
that  his  injuries  were  of  the  most  serious  character,  though  they  hoped 
that  they  might  not  prove  to  be  fatal. 

"  *  Has  the  ball  been  reached  ? '  said  he  to  the  physicians. 

" '  No,  it  has  not,'  was  the  answer. 

" 1  Has  it  entered  a  vital  part  ? ' 

" 1  We  cannot  tell.' 

"  Closing  his  mouth  with  that  firmness  of  purpose  which  character- 
ized him  in  everything,  he  expressed  a  wish  that  they  would  ascer- 
tain and  tell  him  the  worst  feature  that  the  case  might  present.  .  .  . 

"  From  eleven  to  twelve  o'clock  frequent  vomitings  ensue,  and  an 
increase  of  pain.  Narcotics,  which  have  been  administered  sparingly 
hitherto,  are  now  doubled  in  the  doses,  and  a  sort  of  lethargy  en- 
sues. The  hour  of  midnight  finds  the  wounded  man  comparatively 
easy,  but  with  accelerated  pulse  and  frequent  and  short  breathing. 
Soon  after  this  he  is  moved  to  his  right  side,  and  a  hemorrhage  of 
blood  follows  —  a  hemorrhage  which  results  in  a  loss  of  half  a  pint  of 
blood,  and  reveals  the  terrible  nature  of  the  wound. 

"  A  little  past  one  Dr.  Reeve  arrives,  accompanied  by  the  son  of 
the  unfortunate  man.  The  family  physician  enters,  and  with  his 
practical  eye,  familiar  with  his  patient,  a  conclusion  is  soon  arrived  at 
—  the  wounded  man  must  die. 


750 


AMERICAN  BASTILE. 


"Mr.  Vallandigham  knew  him,  and  greeted  him  cheerily. 
"  'Doctor,  is  my  wound  as  bad  as  that  of  Jake  Rapp's?' referring  to 
a  man  on  whom  the  doctor  had  attended,  and  who  had  recovered. 
" 1  Yes,  it  is  worse  than  that.' 

" 4  Or  of  Lambert's?'  referring  to  another  and  similar  one. 
"'No,  not  worse  than  Lambert.' 

" '  Well,  if  you  can  get  this  pain  from  my  stomach,  I  will  get  along.' 
This  with  his  peculiar  smile  of  self-reliance. 

"At  this  juncture  Mr.  Vallandigham's  son  appeared  and  entered 
the  room.  On  approaching  the  bedside  of  his  father,  tears  filled  the 
eyes  of  the  young  man,  and  there  was  a  look  of  tender  affection  from 
those  of  the  parent  that  bespoke  the  wealth  of  that  parent's  love. 

"  Placing  his  hand  on  the  head  of  his  boy,  he  fondled  for  a  moment 
the  object  of  his  love.  '  Charley,'  said  he,  fondly,  1  be  a  good  boy.' 
After  a  short  time  he  again  turned  to  him,  saying :  1  You  are  tired ; 
you  had  better  go  to  bed.' 

"  Weeping,  the  young  man  was  led  from  the  room  

"  At  four  o'clock  A.  m.,  the  symptoms  were  thought  to  be  more 
alarming.  Several  friends  of  the  wounded  man,  who  had  laid  down 
to  get  a  snatch  of  sleep,  were  roused  up.  The  son  appeared  at  the 
bedside  again,  the  associates  in  trial  now  in  progress,  Judge  Haynes, 
his  professional  partner  Judge  McKenny,  and  several  other  intimate 
personal  friends,  who  had  arrived  during  the  night,  were  grouped 
about  the  room  and  gathered  around  the  bed.  In  the  past  two  hours 
a  very  noticeable  change  had  come  over  the  appearance  of  the 
wounded  man.  His  breathing  was  still  more  difficult,  and  he  was 
manifestly  fast  losing  strength.  It  was  thought  that  his  hour  was 
come.  The  gray  dawn  of  morning  twilight  was  just  giving  way  to 
the  light  of  day.  In  the  trees  on  the  opposite  side  of  the  street  might 
be  heard  the  song  of  birds,  and  the  sidewalks  below  were  just  begin- 
ning to  resound  to  the  footsteps  of  early-rising  pedestrians. 

"  By  the  side  of  the  bed,  and  fanning  his  father,  sat  young  Vallan- 
digham. At  the  foot  sat  the  venerable  Judge  Smith  ;  on  either  side 
were  his  professional  associates,  Judges  Haynes  and  McKenny,  and 
Messrs.  Hume,  Millikin,  and  others.  The  sound  of  approaching 
wheels  was  heard,  and  in  a  moment  the  physician  who  had  been 
summoned  from  Cincinnati  drove  up  to  the  door.  A  moment  later 
he  was  in  the  room.  He  had  driven  twenty-eight  miles  through  the 
dark  in  four  hours,  and  found  out  that  the  patient  he  had  come  to 
gee  was  beyond  human  power  to  save.  He  could  only  alleviate  the 
luffering,  not  cure  the  malady,  of  him  whom  he  had  come  to  see. 


CLEMENT    1.  VALLANDIGHAM. 


751 


"Five,  six,  and  seven  o'clock  were  successively  struck,  and  the 
Btrong  man  lay  motionless,  and  seemingly  almost  insensible  on  the 
bed.  Once  or  twice  he  muttered  something  that  indicated  that  his 
mind  was  wandering,  but  at  no  time  did  courage  seem  to  forsake  him. 
It  seemed  to  be  a  struggle  for  life,  with  the  odds  fearfully  against  it. 

"Shortly  after  seven  o'clock  Tom  McGehan,  the  man  whom  he 
was  here  to  defend,  appeared,  under  escort  of  an  officer  from  the  jail. 
The  man  charged  with  murder,  who  has  always  been  represented  as 
being  cold  and  remorseless  as  the  grave,  could  not  repress  his  tears. 
They  fell  thick  and  fast,  and,  weeping,  he  was  led  from  the  room  back 
to  his  cell. 

"  Nearly  at  the  same  time  McGehan's  wife  and  children  were  ad- 
mitted to  gaze  upon  the  one  whom  they  had  hoped  would  be  the 
deliverer  of  their  father  and  husband,  but  who,  in  his  zeal  for  their 
cause,  had  taken  his  own  life.  This  was  one  of  the  most  affecting 
6cenes  of  the  day. 

"  From  about  three  o'clock  this  morning  until  the  hour  of  his  death 
the  patient  seemed  to  suffer  intense  agony.  Although  partially  under 
the  influence  of  opiates,  he  was  still  conscious,  and  would  readily 
answer  the  few  questions  addressed  him  by  his  friends  and  physicians. 

"About  half-past  nine  o'clock,  after  an  unusually  violent  struggle, 
the  eyes  began  to  grow  glassy  and  the  face  to  assume  that  rigidly  in- 
fallible sign  of  death.  He  remained  perfectly  quiet  in  this  position 
for  about  fifteen  minutes,  when,  by  a  sudden  movement,  the  body 
Etretched  its  full  length  in  the  bed,  the  eyes  closed,  and  with  a  deep- 
drawn  sigh  the  dauntless  soul  deserted  its  tenement  of  clay,  and  C.  L. 
Vallandigham  was  dead." 

The  funeral  of  Clement  L.  Vallandigham  took  place  in 
Dayton,  on  June  20, 1871. 

"On  a  catafalque  covered  with  black  velvet,  and  placed  in  the 
centre  of  the  hall,  rested  the  coffin.  It  was  of  rosewood,  richly  and 
beautifully  finished ;  on  each  side  were  four  massive  silver  handles 
with  silver  tassels;  it  was  ornamented  with  Masonic  emblems,  en* 
graved  on  silver  shields  set  between  the  handles.  On  the  lid  was  a 
broad  plate,  with  the  inscription  : 

"CLEMENT  LAIRD  VALLANDIGHAM, 

BORN,  JULY  29th,  1820. 
DIED,  JUNE  17th,  1871." 


ABRAHAM  LINCOLN,  JOHN  WILKES  BOOTH, 
MARY  E.  SURRATT. 


ABRAHAM  LINCOLN. 


,N  the  evening  of  Good  Friday,  April  14, 1865,  Abraham  Lin- 


"  coin,  President  of  the  United  States,  together  with  Mrs. 
Lincoln,  Miss  Clara  H.  Harris  and  Major  H.  R.  Rath  bone, 
visited  Ford's  theatre,  in  the  city  of  Washington,  to  witness  the 
play  of  "  Our  American  Cousin." 

Mr.  Lincoln,  and  those  accompanying  him,  arrived  at  the 
theatre  between  eight  and  nine  o'clock  in  the  evening,  and  im- 
mediately proceeded  to  the  proscenium  box  prepared  for  their 
reception,  where  they  took  seats,  the  President  taking  the  chair 
nearest  the  audience  and  also  nearest  the  entrance  door  of  the  box. 
During  the  performance  of  the  second  scene  of  the  third  act,  at 
about  ten  o'clock  in  the  evening,  when  all  were  intent  on  witness- 
ing the  play,  the  discharge  of  a  pistol  was  heard,  at  the  report  of 
which,  Major  Rathbone  looking  around  saw  a  man,  who  had 
entered  the  door  of  the  box,  which  had  not  been  closed,  standing 
between  the  door  and  the  President,  and  heard  him  shout  "  free- 
dom !  "  Major  Rathbone  instantly  sprang  toward  and  seized  the 
man,  who,  wresting  himself  from  the  grasp,  at  the  same  time 
inflicting  a  severe  wound  in  the  arm  of  the  major  with  a  knife, 
rushed  to  the  front  of  the  box  and  leaping  over  the  railing,  which 
was  draped  with  a  flag,  on  which  his  spur  caught,  he  fell  on  the 
stage,  but  quickly  recovering  himself  he  ran  unopposed  across 
the  stage,  shouting  at  the  same  time — as  it  is  said — "Sic  semper 
tyi*annis"  and  disappeared  through  the  rear  end  of  the  theatre. 
Immediately  after  this  man  had  made  his  escape  from  the  box, 


752 


ABRAHAM  LINCOLN. 


753 


Major  Rathbone  hastened  to  the  President,  and  seeing  that  he  was 
unconscious  and  that  his  eyes  were  closed,  he  ran  to  the  outer  door 
of  the  passage  way  to  the  box  to  call  medical  aid,  but  found  that 
door  securely  fastened  by  a  heavy  piece  of  timber  to  prevent,  for  a 
time,  egress"  or  ingress.  When  the  timber  or  bar,  which  wa« 
about  four  feet  from  the  floor  and  extending  from  the  door  to 
the  wall,  within  the  passage  way  to  the  box,  was  removed  by 
Major  Rathbone,  and  the  surgeons  summoned  came  and  examined 
the  President,  they  found  that  he  had  been  wounded  in  the  head 
by  a  pistol  shot.  He  was  at  once  removed  to  the  house  of  Mr. 
Peterson  close  by  the  theatre,  where,  after  lingering  in  an  uncon- 
scious state  until  seven  o'clock  and  twenty-two  minutes,  on  Satur- 
day morning,  April  15,  1865,  he  died  calmly  and  apparently  with- 
out pain.  After  the  death  of  Mr.  Lincoln  an  autopsy  was  made, 
and  it  was  found  that  the  ball  entered  the  skull  midway  between 
the  left  ear  and  the  centre  of  the  back  of  the  head,  and  passed 
nearly  to  the  right  eye.    The  ball  was  found  in  the  brain. 

The  profound  sensation  and  extreme  agitation  which  pervaded 
the  minds  of  the  people  throughout  the  country  on  hearing  the 
intelligence  of  the  President's  death  are  indescribable.  One  por- 
tion of  the  people,  who  pretended  to  represent  the  moral  and  re- 
ligious element,  were  chagrined  that  so  good  a  man,  as  they 
vouched  him  to  be,  should  go  to  the  theatre  on  Good  Friday,  and 
thus  desecrate  that  holy  day  which  they  themselves  had  com- 
memorated with  austere  reverence.  No  doubt  Mr.  Lincoln,  with- 
out thought  of  the  sanctity  of  the  day,  went  to  the  theatre  to  be 
relieved  for  a  time  of  the  burdensome  cares  of  his  office,  and  hence 
this  arrogance  was  uncharitable  and  fanatical,  and  breathed 
the  spirit  of  intolerance  and  bigotry.  Another  formidable  portion 
— a  large  majority  of  whom  were  civilians — whose  irascible  and 
vindictive  dispositions  during  the  existence  of  a  four  years'  civil 
warfare  had  become  partially  appeased  by  the  unconditional  sur- 
render of  General  Lee  and  his  whole  army,  to  the  Federal  forces 
at  Appomattox  Court-House,  Virginia,  on  the  9th  April,  1865, 
only  a  few  days  before  the  assassination  of  Mr.  Lincoln,  now  let 
loose  anew  their  passions  and  permitted  them  to  rage  in  the  wildest 
and  most  unrestrained  fury.  Almost  every  man  or  woman,  who 
was  not  of  or  with  them  in  their  madness,  was  either  suspected  of 
48 


754 


AMERICAN  BASTILE. 


the  murder  of  the  President,  or  of  being  in  a  conspiracy  to 
murder,  and  hence  his  or  her  life  and  liberty  were  suspended  on 
the  thread  of  their  humor,  whilst  the  bonds  of  those  civilians, 
arbitrarily  incarcerated  in  the  forts  and  prisons  throughout  the 
country  by  the  sanction  of,  if  not  by  the  special  edict  of  Mr.  Lin- 
coln, were  more  securely  riveted.  Judgment  had  fled  to  brutish 
beasts  and  men  had  lost  their  reason. 

JOHN  WILKES  BOOTH. 

In  this  fevered  and  disturbed  condition  of  the  public  mind  the 
services  of  the  army,*  which  had  so  recently  borne  off  victorious 
laurels  by  the  surrender  of  General  Lee  and  now  about  being  dis- 
banded, were  again  called  into  requisition.  Spies  and  informers, 
who  had  infested  the  land  during  the  war,  again  appeared  on 
the  surface;  detectives  were  employed  without  stint;  spurious 
letter  writers  increased  and  were  encouraged,  and  all  the  machinery 
of  the  war  department,  so  well  drilled  in  the  arts  of  infamy,  was 
put  in  motion  to  find  and  arrest  the  man  who  had  fired  the  fatal 
6hot.  Heavy  rewards  were  offered  by  the  secretary  of  war  for 
the  capture  and  conviction  of  the  assassin  and  his  co-conspirators. 
The  hope  of  reward  to  those  who  made  duty  subservient  to  lucre 
was  stimulus  enough  to  increase  excitement  and  goad  the  lawless 
to  deeds  of  atrocity.  Nor  did  the  less  violent  in  semblance  attempt 
to  restrain  the  rage  of  those  who  coupled  revenge  with  madness. 
Indeed,  the  gall  of  bitterness  secreted  in  their  own  breasts,  which, 
heretofore,  their  cowardice  and  assumed  respectability  had  partially 
stagnated,  now  began  to  ferment  and  move  them  to  encourage  the 
fanatic  in  the  commission  of  crimes  they  feared  to  do  themselves. 
All  parts  of  the  country  were  aroused.  The  local  detective  forces 
of  Boston,  New  York,  Philadelphia,  Baltimore,  and  other  places, 
soon  arri>*d  at  Washington,  which,  together  with  the  entire 
military  force  of  the  department  of  Washington,  reported  for  duty 
to  General  Augur,  whose  headquarters  were  in  Washington.  These 

*  The  army — the  majority  of  which — officers  and  privates — being  composed  of 
all  political  parties — having  enlisted  through  the  patriotic  motive  of  fighting  for 
the  preservation  of  the  Union  of  the  States,  was  generally  much  more  conserva- 
tive than  those  who  fanned  the  flames  of  war  at  home,  where  no  danger  environed 
them. 


JOHN    WILKES  BOOTH. 


755 


were  either  detained  in  Washington  for  service  or  detailed  and 
despatched  to  other  sections  of  the  country,  whithersoever  the 
assassin  and  his  accomplices  were  supposed  to  have  fled.  De- 
tectives were  hurried  off  on  the  different  railroad  routes,  north, 
west  and  south,  and  even  to  Canada,  while  others  sprang  up  as  if 
by  magic  in  their  own  localities;  letter  writers  advanced  theories 
as  fast  as  the  brain  could  invent  them  ;  hotel  clerks  and  employes 
were  interrogated  and  registers  examined  ;  the  click  of  telegraphic 
signals  was  incessant,  and  all  the  modes  and  arts  of  discovery 
which  nature  and  invention  could  furnish  were  brought  into 
requisition.  As  the  assassin,  after  his  escape  from  the  rear  of  the 
theatre,  was  seen  to  mount  a  horse  and  disappear,  the  theory  \va9 
advanced  that  he  still  remained  in  the  neighborhood  of  Washing- 
ton, the  scene  of  the  tragedy,  and  hence  a  full  brigade  of  infantry, 
more  than  a  thousand  cavalrymen,  and  two  hundred  detectives 
and  citizens  were  sent  into  the  counties,  Prince  George,  Charles 
and  St.  Mary's,  of  lower  Maryland,  to  search  for  him.*  With  a 
cordon  of  soldiers  and  detectives,  stretching  from  the  Chesapeake 
to  the  Potomac,  who  were  continually  marching  and  counter- 
marching, almost  every  acre  of  ground  in  the  three  counties,  in- 
cluding upland  and  morass,  was  traversed,  and  every  house 
and  outbuilding — from  shore  to  shore — ransacked.  This  search 
continued  for  a  week,  and  the  assassin  was  still  at  liberty.  In  the 
meantime  many  arrests  were  made  on  suspicion,  and  stories  told 
by  negroes  and  others,  who  said  they  had  seen  two  men  on  horse- 
back, travelling  in  the  direction  of  the  lower  Potomac,  but  whither 
they  had  gone,  and  where  they  were,  was  still  a  mystery.  Uncer- 
tainty whetted  the  tooth  of  excitement  and  renewed  exertions  were 
made.  Although  a  week  had  elapsed  and  the  assassin  was  still  at 
large,  yet  the  tangled  thread  of  mystery  was  so  far  unravelled 
that,  while  at  first  it  was  only  surmise,  it  had  now  become  an 
accepted  fact  that  John  Wilkes  Booth  was  the  immediate  assassin 
and  David  E.  Harold  was  the  accomplice.  All  the  acquired  in- 
telligence indicated  these  as  the  men  who  had  thus  far  baffled 
arrest,  and  the  finger-boards  at  the  intersection  of  roads  pointed  to 

*  It  has  been  estimated  that  many  more  than  the  above  number  of  infantry 
cavalry  and  detectives  were  sent  into  lower  Maryland  to  make  search  and  arrest 
the  fugitive  assassin. 


756 


AMERICAN  BASTILE. 


Matthias's  Landing  as  the  place  where  they  had  crossed  the 
Potomac  into  Virginia. 

Impressed  with  this  belief,  General  L.  C.  Baker,  chief  of  the 
Secret  Detective  Force,  secured  likenesses  of  Booth  and  Harold, 
and  had  them  and  descriptions  of  their  persons  and  appearances 
printed.  He  then,  being  convinced  that  Booth  and  Harold  had 
gone  into  lower  Maryland,  sent  two  of  his  detectives,  Hubbard 
and  Woodall,  together  with  a  telegraphic  operator,  there  to  ferret 
out  the  lurking-place  of  the  fugitives,  or  scent  the  trail  of  their 
escape.  These  men  left  Washington  on  Sunday  afternoon,  April 
23d,  on  the  steamer  Keyport,  and  reached  Port  Tobacco,  their  in- 
tended landing-place,  late  on  Sunday  night.  Soon  after  landing, 
Woodall  luckily  met  with  (or  discovered)  an  old  negro,  who  told 
him  that,  from  the  description,  he  had  seen  Booth  and  Harold,  and 
that  they  had  crossed  the  Potomac  near  Matthias  Point,  on  Sat- 
urday night,  the  22d  of  April,  and  that  Booth  was  lame.  Wood- 
all,  instead  of  telegraphing,  immediately  re-embarked  early  on 
Monday  morning,  on  board  the  Keyport,  for  Washington,  taking 
with  him  the  colored  man,  whom  he  delivered  to  General  Baker 
for  examination  ;  who,  after  the  examination,  was  thoroughly  con- 
vinced that  Booth  and  Harold  had  crossed  the  Potomac  and  were 
in  Virginia.  General  Baker,  without  delay,  applied,  by  direction 
of  the  Secretary  of  War,  to  Major-General  Hancock,  now  in  com- 
mand of  the  Department  of  Washington,  for  twenty-five  cavalry- 
men, well  mounted  and  commanded  by  a  discreet  officer.  In 
obedience  to  this  order,  a  squad  of  cavalrymen,  of  the  N.  Y.  11th, 
twenty-five  in  number,  under  the  command  of  Lieutenant  Dough- 
erty, arrived  at  the  headquarters  of  General  L.  C.  Baker,  and 
reported  for  duty  about  2  o'clock  P.  M.,  when  Lieutenant  Dough- 
erty was  introduced  to  Colonel  Conger  and  Lieutenant  L.  B# 
Baker,  and  informed  that  the  expedition  was  in  pursuit  of 
Booth  and  Harold,  and  would  be  under  the  direction  of  Colonel 
Conger  and  Lieutenant  Baker.  About  4  o'clock  in  the  afternoon 
of  the  same  day,  the  24th,  the  squad  embarked  on  board  the 
steamer  John  S.  Ide,  and  at  about  10  o'clock  p.  M.  landed  at 
Belle  Plain,  on  the  Potomac  creek,  seventy  miles  from  Washing- 
ton. They  then  commenced  a  march  into  the  interior  of  Virginia, 
and  when  about  a  mile  and  a  half  from  the  Potomac  they  came  to 


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C  A    R  O     |L    I    N  E 


Map  Rhowing  tho  routes  of  Booth  and  the  "Detectives,  and  the  plaee  where  Booth 
w, is  shot  and  Harold  captured. 
Booth's  Route  Detectives' Route   


JOHN    WILKES  BOOTH. 


757 


two  roads  which  diverged,  the  one  leading  to  Frcdcricksburgh  and 
the  other  to  Port  Conway,  on  the  Rappahannock.  They  look  the 
road  to  the  Rappahannock.  On  the  way,  during  the  night,  they 
represented  themselves  as  rebels  who  were  trying  to  escape  from 
the  Union  soldiers,  Conger  personating  Boyd,  a  brother  of  the 
Maryland  Boyd  who  had  been  killed,  and  visited  almost  every 
house,  making  inquiries  and  observations,  but  got  no  intelligence 
of  importance,  and  arrived  at  Port  Conway,  on  the  Rappahannock, 
nearly  opposite  Port  Royal,  about  12  o'clock  If.  on  Tuesday, 
the  25th,  where  they  halted  for  half  an  hour.  While  here  at  tl»e 
ferry,  Lieutenant  Baker  met  with  a  man  by  the  name  of  Rollins, 
a  fisherman,  who,  after  seeing  the  likenesses  of  Booth  and  Harold, 
said  that  in  the  afternoon  of  the  day  before,  the  24th,  they 
arrived  there  in  an  old  wagon  driven  by  a  negro,  and  were  anx- 
ious to  go  on;  that  Booth  was  lame,  and  that  he  had  offered  him 
(Rollins)  ten  dollars  in  gold  to  take  them  to  Bowlilig  Green,  a  dis- 
tance of  fifteen  miles,  on  the  road  leading  to  Orange  Court- 1  louse ; 
and  that  about  the  same  time,  three  rebels,  Bainbridge,  Rugglcs 
and  Jett,  who  had  been  a  captain  under  Mosby,  came  along  on 
horseback,  and  after  having  had  a  conversation  with  Booth  and 
Harold,  agreed  to  help  them  on  their  journey.  Conger  and  Baker 
now  employed  Rollins,  but  ostensibly  put  him  under  arrest  for  the 
sake  of  appearance,  to  conduct  them  to  Bowling  Green,  presuming 
Booth  and  Harold*  would  be  taken  there,  as  some  of  their  escort 
resided  at  that  place.  They  reached  Bowling  Green  between  11 
and  12  o'clock,  Tuesday  night,  and  immediately  surrounded  the 
hotel  with  dismounted  cavalrymen,  supposing  Booth  might  be 
lodged  there.  Not  being  able  to  arouse  the  inmates,  they  found, 
after  some  difficulty,  a  negro  who  conducted  Colonel  Conger  to  a 
hut  in  the  rear  of  the  tavern,  and  the  negro  occupant  of  this  hut 
told  Colonel  Conger  that  a  woman  and  her  daughter  resided  in  the 
tavern,  and  that  Captain  Jett  was  there.  Conger  then  entered 
the  house  and  proceeded  to  Jett's  room  and  arrested  him  ;  Lieuten- 
ants Baker  and  Dougherty  now  joining  Conger.  But  Jett,  being 
alarmed,  begged  that  he  might  have  a  private  interview  with  the 
commander,  and  being  referred  to  Conger,  Baker  and  Dougherty 
withdrew.  Jett  then  told  Conger  that  he  knew  that  they  wanted 
Booth  and  Harold ;  that  he  knew  where  they  were,  and  that  if  he 


758 


AMERICAN  BASTILE. 


(Conger)  would  assure  him  of  his  personal  safety,  he  would  take 
him  and  show  him  where  they  were.  With  the  assurance  of  his 
safety,  Jett  dressed  himself,  and  they  two,  Conger  and  Jett,  being 
now  rejoined  by  Baker,  he  told  them  that  Booth  and  Harold  were 
at  Garrett's,  about  three  miles  from  Port  Royal ;  Jett,  being  told 
that  the  party  had  just  come  from  Port  Royal,  seemed  to  be  em- 
barrassed, because  he  had  supposed  they  had  come  from  Richmond, 
and  was  fearful  lest  Booth  and  Harold  might  be  frightened  away 
from  Garrett's  by  the  party  passing  by  that  road.  In  this  con- 
jecture Jett  was  correct.  Booth  and  Harold,  being  frightened, 
had  left  Garrett's  house.  The  party  in  pursuit,  feeling  convinced 
that  this  information  of  Jett's  was  true,  and  being  remounted,  left 
Bowling  Green,  and  proceeding  to  Garrett's  they  reached  the  lane 
which  led  from  the  main  road  to  the  house,  at  about  2  o'clock  on 
the  morning  of  the  26th.  Very  soon  afterward  they  arrived  at 
Garrett's  house,  which  they  surrounded,  and  the  inmates  being 
aroused  and  the  elder  Garrett  appearing  at  a  window,  Lieutenant 
Baker  requested  him  to  furnish  a  light  and  come  out.  Conger  then 
said,  when  Garrett  made  his  appearance,  "Where  are  the  men  that 
stopped  at  your  house  ?" 

Garrett.    "  They  have  gone." 

Conger.    "  Gone  where  ?" 

Garrett.    "  Gone  to  the  woods." 

Conger.    "  Whereabouts  in  the  woods?" 

At  this  last  question  Garrett  seemed  confused  and  began  to  state 
that  he  didn't  want  the  men  to  stop  there,  whereupon  Conger  told 
one  of  his  men  to  bring  him  a  lariat,  threatening  to  hang  Garrett 
if  he  didn't  tell  all  he  knew  concerning  the  whereabouts  of  the 
men.  One  of  Garrett's  sons  then  came  forward  and  said,  "  Don't 
hurt  the  old  man  ;  he  is  scared.  I  will  tell  you  where  these  men 
are."  He  then  stated  that  the  men  had  gone  to  the  barn,  and  vol- 
unteered to  show  them  where  they  were.  With  this  information 
the  party  proceeded  to  the  barn,  and  surrounded  it.  The  barn 
door  being  locked,  Lieutenant  Baker  sent  young  Garrett  for  the 
key,  which  being  brought  and  the  door  unlocked,  Baker  having 
heard  some  one  walk  on  the  hay,  told  Garrett  to  go  in  and  get  the 
arms  from  the  men,  and  demand  their  surrender.  Garrett  replied 
that  he  was  afraid,  as  they  were  armed  with  carbines  and  pistols 


JOHN    WILKES  BOOTH. 


759 


and  might  shoot  him  ;  whereupon  Baker  said,  "They  know  you, 
and  you  must  go  in,"  at  the  same  time  stating  to  the  party  inside, 
"  We  are  going  to  send  in  one  of  the  men  with  whom  you  have 
been  stopping,  to  get  your  arms,  and  you  must  deliver  them  up 
and  surrender."  Young  Garrett  now  having  gone  in,  or  having 
been  pushed  in,  Booth  was  heard  to  say  to  him,  "Get  out  of  here, 
or  I  will  shoot  you.  Damn  you,  you  have  betrayed  me."  Gar- 
rett very  soon  reappeared  at  the  door  much  frightened,  and  stated 
that  the  man  threatened  to  shoot  him.  He  was  then  allowed  to 
come  out  of  the  barn,  when  he  said  to  Baker,  "You  may  burn  the 
barn,"  to  which  he  had  before  objected.  To  the  inquiry,  how  he 
knew  the  man  inside  was  going  to  shoot  him,  he  answered,  "  He 
reached  down  in^the  hay  and  got  his  revolver."  It  will  be  remem- 
bered that  this  was  between  2  and  3  o'clock  in  the  morning,  and 
quite  dark  inside  as  well  as  outside  of  the  barn.  Lieutenant 
Baker  then  told  the  men  inside  to  come  out  in  five  minutes  and 
deliver  themselves  up,  or  the  barn  would  be  set  on  fire.  Booth 
then  said,  "  Who  are  you  ?    What  do  you  want  ?  " 

Baker.  "  We  want  you ;  we  know  who  you|  are.  Give  up 
your  arras  and  come  out." 

Booth.    "  Give  us  a  little  time  to  consider." 

Baker.    "Very  well." 

After  a  pause  of  ten  or  fifteen  minutes,  Booth  again  said, 
"  Who  are  you ?    What  do  you  want?" 

Baker  replied,  "It  don't  make  any  difference  who  we  are;  we 
know  who  you  are  and  want  you." 

Booth  said,  "  This  is  hard,  because  it  may  be  I  am  to  be  taken 
by  my  friends." 

During  this  conversation  Booth  said,  "  Captain,  I  know  you  are 
a  brave  man  and  I  believe  you  to  be  honorable ;  I  have  but  on© 
leg;  I  am  a  cripple.  If  you  will  withdraw  your  men  one  hundred 
yards  from  the  door,  I  will  come  out  and  fight  you." 

Baker  replied,  "  We  did  not  come  here  to  fight ;  we  simply 
came  to  make  you  a  prisoner." 

Booth  again  said,  "  If  you  will  take  your  men  fifty  yards  from 
the  door,  I  will  come  out  and  fight  you  ;  give  me  a  chance  for  my 
life." 

Baker  having  replied  as  before,  Booth  exclaimed,  in  a  theatrical 
voice,  "  Well,  my  brave  boys,  you  may  prepare  a  stretcher  for  me." 


/60 


AMERICAN  BASTILE. 


One  of  the  Garrett  boys,  being  ordered  to  pile  up  some  pine 
brush  against  the  barn,  soon  returned  to  Conger,  and  said,  "That 
man  says  if  I  put  any  more  brush  up  there  he  will  put  a  bullet 
through  me."  Conger  then  told  him  he  need  not  go  there  any 
more. 

After  a  little  while  Booth  said,  u  There  is  a  man  here  who 
wants  to  come  out."  To  which  Baker  replied:  "Very  well:  let 
him  take  up  his  arms  and  come  out." 

During  a  conversation  between  Booth  and  Harold,  at  this  time, 
Booth  was  overheard  to  say,  "  You  damned  coward,  will  you  leave 
me  now?  but  go,  GO,  I  would  not  have  you  stay  with  me." 

Soon  after  this  Harold  came  to  the  door  and  said,  "  Let  me 
out." 

Baker  asked,  "  Where  are  your  arms?" 
Harold  replied,  "  I  have  none." 

Baker  said,  *  You  carried  the  carbine  and  you  must  bring  it 
out." 

Booth  then  said,  "Upon  the  word  and  honor  of  a  gentleman  the 
arms  are  mine       have  got  than." 

Harold  then  put  out  his  hands  and  Lieutenant  Dougherty  took 
hold  of  them  and  pulled  him  out. 

At  this  time  Booth  was  about  the  middle  of  the  barn,  and  again 
he  spoke  in  a  clear  voice,  saving,  "  Captain,  give  me  a  chance. 
Draw  off  your  men  and  I  will  fight  them  singly.  I  could  have 
killed  you  five  or  six  times  to-night,  but  I  believe  you  to  be  a 
brave  man  and  I  would  not  murder  you.  Give  a  lame  man  a 
show." 

During  this  parley  the  barn  was  surrounded  by  cavalrymen 
fciationed  at  proper  distances  apart.  Conger  then  pulled  out  some 
straw,  twisted  it  and  having  set  fire  to  it  stuck  it  back  into  the 
barn  amongst  some  hay,  which,  being  speedily  ignited,  the  blaze 
soon  illumined  the  interior;  when  Conger,  through  a  crevice,  saw 
Booth  looking  first  toward  the  front  door  and  then  turn  back  and 
return  to  within  a  few  feet  of  the  corner  of  the  barn  with  his  car- 
bine in  his  hand,  which  he  raised  to  his  breast,  glancing  quickly 
along  the  cracks  of  the  barn  ;  then,  with  an  expression  of  anxiety 
mingled  with  despair,  he  looked  at  the  fire,  which  was  now  burning 
rapidly,  as  if  to  see  if  it  could  be  extinguished.    At  this  juncture 


JOHN    WILKES  BOOTH. 


761 


the  report  of  a  pistol  was  heard,  and  Conger,  on  going  in  at  the 
front  door  of  the  barn,  saw  Lieutenant  Baker  looking  at  and  partly 
holding  up  Booth.  Sergeant  Boston  Corbitt  had  taken  deliberate 
aim  at  Booth  and  had  shot  him  in  the  head  back  of  the  car,  the 
ball  coming  out  a  little  higher  up  on  the  other  side  of  the  head. 
Booth  was  then  carried  out  of  the  barn  and  laid  on  the  graas 
under  a  tree.  At  first  he  had  the  appearance  of  being  dead,  but 
water  being  applied  to  his  face  and  temples  he  seemed  to  revive, 
when  he  said  to  Conger  in  a  faint  voice,  "Tell  my  mother  I  died 
for  my  country."  After  this  he  was  carried  to  the  porch  of 
Garrett's  house  and  laid  on  a  straw  bed.  Here,  with  the  applica- 
tion of  water  and  stimulants,  he  revived  considerably,  but  could 
speak  only  in  whispers,  and  his  expressions  being  incoherent 
are  of  no  special  interest.  He  evidently  suffered  much,  frequently 
asking  for  water,  and  requesting  by  signs  to  be  turned  on  his  side 
and  immediately  to  be  turned  back  again.  A  physician  was  sent 
for,  but  Booth  died  soon  after  his  arrival,  about  7  o'clock  on  the 
morning  of  the  26th  April,  1865. 

Immediately  after  the  death  of  Booth  Colonel  Conger  started 
for  Washington  to  report  to  General  L.  C.  Baker,  leaving  the  dead 
body  of  Booth.  Harold,  under  arrest,  was  in  the  custody  of 
Lieutenant  L.  B.  Baker.  Conger  arrived  at  the  headquarters  of 
General  Baker,  in  Washington,  at  4  o'clock  in  the  afternoon  of 
Wednesday,  April  26th.  On  the  reception  of  the  news  of 
Booth's  death  and  Harold's  capture,  General  Baker,  together 
with  Colonel  Conger,  drove  to  the  office  of  Edwin  M.  Stanton, 
Secretary  of  War,  who,  after  hearing  the  report  of  General  Baker, 
directed  him  to  take  a  boat  and  proceed  with  Colonel  Conger  to 
Alexandria,  intercept  the  expected  steamer  and  take  charge  of 
the  body  of  Booth  and  the  prisoner  Harold.  In  the  meantime, 
after  the  departure  of  Colonel  Conger  from  Garrett's,  Lieutenant 
Dougherty  placed  the  body  of  Booth  in  a  blanket,  which  he 
sewed  up;  he  then  hired  a  horse  and  wagon  from  a  negro, 
and  putting  the  body  of  Booth  in  the  wagon  the  party  left 
Garrett's,  and,  proceeding  to  Belle  Plain  on  the  Potomac,  em- 
barked on  board  the  Ide,  which  had  been  kept  in  readiness  for 
them,  and  arrived  at  Alexandria  at  half-past  eleven  o'clock  on 
Wednesday  night,  the  26th  April.  At  Alexandria  General  Baker 


762 


AMERICAN    B  ASTILE. 


and  Colonel  Conger  were  taken  on  board  the  Ide,  and  she  pro- 
ceeded to  the  Navy  Yard.  Here,  about  midnight,  Harold,  the 
prisoner,  was  placed  in  irons  and  confined  in  the  hold  of  a  gun- 
boat (iron-clad),  and  the  dead  body  of  Booth  was  placed  on  deck 
in  charge  of  a  marine  guard.  Early  on  Thursday  morning,  the 
27th,  a  post-mortem  examination  was  held  to  identify  the  body 
of  Booth,  after  which  his  body  was  privately  taken  from  the  gun- 
boat by  General  L.  C.  Baker  and  Lieutenant  L.  B.  Baker  to  the 
old  penitentiary  adjoining  the  arsenal  grounds,  and  there,  in  one 
of  the  ground-floor  cells,  used  for  storing  ammunition,  a  grave 
was  dug,  and  in  it,  beneath  a  large  flagstone,  was  secretly  de- 
posited the  remains  of  John  Wilkes  Booth. 

John  Wilkes  Booth  was  27  years  old  at  the  time  of  his  death, 
and  by  profession  an  actor.  He  was  born  in  Harford  county, 
Maryland  ;  was  the  son  of  the  late  celebrated  tragedian,  Junius 
Brutus  Booth,  and  a  brother  of  the  present  distinguished  actor, 
Edwin  Booth. 

Note. — In  1867  Edwin  Booth,  the  actor,  sent  Mr.  Weaver,  tne  sexton  of 
Christ's  Church,  Baltimore,  to  Washington,  with  a  request  that  the  remains  of 
his  brother  might  be  taken  up  and  removed  to  the  family  burial  place.  Aftei 
some  delay  the  request  was  granted  by  President  Johnson,  who  was  finally  ap 
pealed  to,  and  Mr.  Weaver  took  the  body  to  the  cemetery  in  Baltimore  and 
buried  it  beside  the  elder  Booth  and  others  of  the  family.  The  removal  was 
conducted  with  great  secresy,  and  was  concealed  from  Secretary  Stanton,  who 
had  refused  to  give  his  consent. 


MARY    E.    SURRATT.  763 

MARY  15.  SURRATT  * 

"If  powers  divine 
Behold  our  human  actions  (as  they  do), 
I  doubt  not  then,  but  innocence  shall  make 
False  accusation  blush,  and  tyranny 
Tremble  at  patience." 

During  a  great  civil  struggle,  in  which  the  uncurbed  power 
of  a  ruthless  opinion  is  spurred  by  the  spirit  of  revenge,  it  would 
be  an  anomaly  in  the  constitution  of  society  if  the  innocent  did 
not  sometimes  suffer  on  the  same  scaffold  with  the  guilty. 

After  the  assassination  of  Mr.  Lincoln  a  large  number  of  per- 
sons were  arrested  and  imprisoned  on  the  accusation  or  the  suspi- 
cion that  they  were  connected  with  a  conspiracy  to  murder  the 
President  and  others.  Among  those  so  arrested  and  imprisoned 
was  Mrs.  Mary  E.  Surratt,  who  resided  in  the  city  of  Washing 
ton.  Mrs.  Surratt  had  formerly  resided  at  Surrattsville,  in  th' 
county  of  Prince  George,  Maryland,  about  ten  miles  from 
Washington ;  but  in  October,  1864,  having  rented  her  property  a*- 
Surrattsville  she  moved  to  a  house  she  owned  in  the  city  of 
Washington.  Here,  being  social  and  hospitable,  and,  as  Mr. 
Reverdy  Johnson  said,  in  his  argument  in  her  defence,  and  as 
testified  to  by  all  the  witnesses  examined  on  this  point,  "a  devout 
Christian,  ever  kind,  affectionate  and  charitable,"  it  may  be 
said  she  kept  an  open  house  for  the  entertainment  of  her  friends 
and  acquaintances.  She  did  not  keep  a  boarding-house  in  the 
sense  which  that  term  generally  implies,  although,  having  a 
large  house  and  no  one  to  occupy  it  except  herself,  son  and 
daughter,  she  boarded  a  few  persons.  Those  who  boarded  with 
her,  according  to  the  testimony,  from  October,  1864,  when  she 
moved  to  Washington,  until  April  17,  1865,  when  she  was  ar- 
rested and  imprisoned  in  the  Old  Capitol,  were  John  T.  Hollahan 
and  his  wife,  Eliza  Hollahan,  Miss  Honora  Fitzpatrick,  and 
a  youn^man  by  the  name  of  Lewis  J.  Weichman. 

Many  of  those  who  had  visited  Mrs.  Surratt's  house  at  Sur- 

*  The  engraved  portrait  which  is  here  given  of  Mrs.  Surratt  was  copied  from 
a  daguerreotype  taken  several  years  before  her  death,  and  is  the  only  likeness  of 
her  in  existence. 


764  AMERICAN  BASTILE. 

rattsville,  where  she  was  proverbially  kind  to  her  friends  and 
neighbors,  became  her  guests  after  her  removal  to  Washington. 
Weichman  says,  in  his  testimony,  "Persons  coming  from  the 
country  would  stop  at  her  house;  she  had  many  acquaintances, 
and  was  always  very  hospitable,  and  they  could  get  rooms  as 
long  as  they  chose."  It  was  also  a  pleasant  place  to  visit,  for 
Mrs.  Surra tt  occupied  a  good  social  position,  was  accustomed  to 
pleasant  society,  and,  being  frank  and  genial  in  her  manners,  was 
an  agreeable  companion.  These  visitors,  therefore,  when  their 
friends  and  acquaintances  came  to  Washington,  would  either  take 
them,  or  recommend  them  to  go  to  the  house  of  Mrs.  Surratt, 
where  they  could  spend  a  day  or  two  more  comfortably  than  at  a 
regular  boarding-house,  and  at  a  less  expense  than  at  a  hotel. 

John  Wilkes  Booth,  young,  handsome  and  fascinating,  and 
growing  into  some  celebrity  as  an  actor,  and  an  acquaintance  of 
her  son,  John  H.  Surratt,  called  at  the  house  of  Mrs.  Surratt  on 
several  occasions,  but  on  account  of  her  religious  prejudices  against 
that  class  of  society,  he  was  never  a  welcome  visitor. 

During  the  period  between  October,  1864,  and  April,  1865, 
among  others  who  were  entertained  at  Mrs.  Surratt's  house  was 
Lewis  Payne,  who  called  in  March  and  inquired  for  John  H. 
Surratt,  who,  not  being  at  home,  he  (Payne)  was  introduced  to  the 
family,  by  Weichman,  as  Mr.  Wood.  Payne,  or  Wrood,  was 
well  dressed,  had  supper  served  for  him  in  Weichman' s  room,  and 
remained  at  the  house  of  Mrs.  Surratt  that  night,  but  left  for 
Baltimore  in  the  early  train  the  following  morning. 

This  man  Wood,  or  Payne,  called  again  in  about  three  weeks, 
was  again  met  at  the  door  by  Weichman,  who  showed  him  into  the 
parlor,  and  introduced  him,  this  time,  to  the  ladies  as  Payne.  Miss 
Anna  Surratt,  in  her  testimony,  says:  "I  went  down-stairs  and 
told  mamma  that  he,  Payne,  was  there,  and  she  said  she  did  not 
understand,  and  did  not  like  strangers  coming  to  the  house,  but 
to  treat  him  politely."  This  time  (Payne's  second  visit)  he  re- 
mained, according  to  the  testimony  of  Weichman,  about  three 
days. 

Atzerodt  also  came  to  the  house  of  Mrs.  Surratt,  to  see  John  H. 
Surratt,  who,  being  absent,  Weichman  engaged  a  room  for  him. 
He  remained  one  night,  and,  after  having  seen  John  H.  Surratt  on 


MARY    E.    SURRATT.  765 

his  arrival  home  next  day,  he  left.  Weichman  testified  that  "Mrs. 
Surratt  said  she  did  not  care  to  have  such  sticks  (as  Atzerodtj 
brought  to  the  house :  they  were  no  company  for  her." 

At  two  o'clock  on  Saturday  morning,  April  15,  1865,  the 
morning  after  the  assassination  of  the  President,  McDevitt, 
Clark,  and  others  of  the  Metropolitan  Police  of  Washington, 
came  to  the  house  of  Mrs.  Surratt,  and,  in  answer  to  their  call, 
she  put  her  head  out  of  an  upper  window  and  asked  who  was 
there.  The  officers  asked  if  Mrs.  Surratt  lived  there.  She  said 
she  did.  Weichman  then  came  down,  opened  the  door  and  let 
them  in  the  house.  In  response  to  the  inquiry  where  John  Sur- 
ratt was,  Mrs.  Surratt  told  these  officers  that  she  had  not  seen  her 
son,  John  H.  Surratt,  for  two  weeks,  but  that  she  had  that  day 
received  a  letter  from  him  dated  in  Canada. 

On  Monday  evening,  April  17,  about  11  o'clock,  Major 
Smith,  Captain  W.  M.  Winnerskerch  and  Richard  C.  Morgan, 
who  were  in  the  service  of  the  War  Department,  came  to  the 
house  of  Mrs.  Surratt  and  arrested  her,  Miss  Anna  Surratt,  Miss 
Honora  Fitzpatrick  and  Miss  Jenkins — all  the  inmates  then  in  the 
house — imprisoned  them  and  took  possession  of  the  house.  As 
has  previously  been  stated,  hundreds  of  persons  were  arrested  and 
imprisoned  after  the  assassination  of  Mr.  Lincoln  on  suspicion,  and 
were  held  to  answer  any  charge  that  might  be  preferred  against 
them. 

Indeed  many  of  the  witnesses  for  the  Government  were  under 
arrest,  and  in  prison,  as  suspects,  during  the  trial  of  Mrs.  Surratt ; 
and,  therefore,  being  under  duress,  were  not  impartial  witnesses. 

As  it  would  be  impossible  to  write  an  article  commenting  on 
and  drawing  conclusions  from  the  testimony  in  the  case  of  Mrs, 
Surratt  without  being  charged  with  partiality  by  those  who 
either  condemn  her  execution  or  sympathize  with  it,  we  have 
concluded  to  incorporate,  in  this  article,  all  the  testimony  had 
before  the  Commission  relating  to  her  case,  and  thus  allow  the 
reader  to  act  as  a  juror  and  render  his  own  verdict. 

With  this  brief  introduction  we  will  now  proceed  to  the  trial 
of  Mrs.  Surratt,  the  origin  of  the  Commission  and  the  proceedings 
had  under  it. 


766 


AMERICAN  BASTILE. 


THE  MILITARY  COMMISSION. 
Executive  Chamber,  Washington  City,  May  1,  1865. 

"Whereas  the  Attorney-General  of  the  United  States  has  given 
his  opinion  that  the  persons  implicated  in  the  murder  of  the  late 
President,  Abraham  Lincoln,  and  the  attempted  assassination  of  the 
Hon.  William  H.  Seward,  Secretary  of  State,  and  an  alleged  conspir- 
acy to  assassinate  other  officers  of  the  Federal  Government,  at  Wash- 
ington City,  and  their  aiders  and  abettors  are  subject  to  the  jurisdic- 
tion of  and  legally  triable  before  a  Military  Commission  : 

It  is  ordered;  First,  That  the  Assistant  Adjutant-General  detail 
nine  competent  military  officers  to  serve  as  a  Commission  for  the  trial 
of  said  parties,  and  that  the  Judge-Advocate-General  proceed  to 
prefer  charges  against  said  parties  for  their  alleged  offences,  and  bring 
them  to  trial  before  said  Military  Commission  ;  that  said  trial  or  trials 
be  conducted  by  the  said  Judge-Advocate-General,  as  recorder  there- 
of, in  person,  aided  by  such  assistant  or  special  judge-advocates  as 
he  may  designate,  and  that  said  trials  be  conducted  with  all  dili- 
gence consistent  with  the  ends  of  justice,  and  said  Commission  to 
Bit  without  regard  to  hours. 

Second,  That  Brevet  Major-General  Hartranft  he  assigned  to  duty 
as  special  Provost-Marshal-General,  for  the  purpose  of  said  trial  and 
attendance  upon  said  Commission,  and  the  execution  of  its  mandates. 

Tliird,  That  the  said  Commission  establish  such  order  or  rules  of 
proceeding  as  may  avoid  unnecessary  delay,  and  conduce  to  the  ends 
of  public  justice. 

ANDREW  JOHNSON. 

Adjutant-General's  Office, 
Washington,  D.  C,  May  6,  1865. 

[Official  Copy.] 

W.  S.  NICHOLS, 
Assistant  Adjutant-General. 

In  compliance  with  this  order,  the  following  officers  were  de- 
tailed as  members  of  the  Military  Commission : 

President — Major-General  David  Hunter. 

Members — Major-General  Lewis  Wallace,  Brev.-Maj.- 
Gen.  August  V.TCautz,  Brio.-Gen.  Albion  P.  Howe,  Brig.- 
Gen.  Robert  S.  Foster,  Brig.-Gen.  James  A.  Ekin,  Brig.- 
Gen.  Thomas  M.  Harris,  Col.  Charles  H.  Tompkins  and 
Brev.  Col.  D.  R.  Clendenin. 


MARY    E.  SURRATT. 


767 


The  prosecution  was  conducted  by  Brigadier-General  Joseph 
Holt,  Judge-Advocate-General,  assisted  by  Brevet  Colonel  H.  L. 
Burnett,  of  Indiana,  and  Hon.  John  A.  Bingham,  of  Ohio, 
Assistant  Judge- Advocates. 

The  prisoners  selected,  for  their  counsel,  Reverdy  Johnson,  of 
Maryland  ;  Thomas  Ewing,  of  Kansas ;  W.  E.  Doster,  of  Penn- 
sylvania ;  Fred.  A.  Aikin,  District  of  Columbia  ;  Walter  S.  Cox, 
John  W.  Clampitt  and  F.  Stone,  of  Maryland. 

CHARGES  AND  SPECIFICATIONS. 

The  charges  and  specifications  against  David  E.  Harold,  George 
A.  Atzerodt,  Lewis  Payne,  Michael  O'Laughlin,  John  H.  Sur- 
ratt, Edward  Spangler,  Samuel  Arnold,  Mary  E.  Surratt  and 
Samuel  A.  Mudd  were  as  follows :  * 

Charge  1.  For  maliciously,  unlawfully,  and  traitorously,  and  in  aid 
of  the  existing  armed  Rebellion  against  the  United  States  of  Amer- 
ica, on  or  before  the  4th  day  of  March,  A.  d.  1865,  and  on  divers 
other  days  between  that  day  and  the  15th  day  of  April,  a.  d.  1865, 
combining,  confederating,  and  conspiring  together  with  one  John  H. 
Surratt,  John  Wilkes  Booth,  Jefferson  Davis,  George  N.  Sanders, 
Beverly  Tucker,  Jacob  Thompson,  William  C.  Cleary,  Clement  C. 
Clay,  George  Harper,  George  Young,  and  others  unknown,  within 
the  Military  Department  of  Washington,  and  within  the  fortified  and 
intrenched  lines  thereof.  Abraham  Lincoln,  late,  and  at  the  time  of 
said  combining,  confederating,  and  conspiring,  President  of  the  United 
States  of  America,  and  Commander-in-Chief  of  the  Army  and  Navy 
thereof;  Andrew  Johnson,  then  Vice-President  of  the  United  States 
aforesaid ;  William  H.  Seward,  Secretary  of  State  of  the  United  States 
aforesaid ;  and  Ulysses  S.  Grant,  Lieutenant-General  of  the  army  of 
the  States  aforesaid,  then  in  command  of  the  Armies  of  the  United 
States,  under  the  direction  of  the  said  Abraham  Lincoln,  and  in  pur- 
suance of,  and  in  prosecuting  said  malicious,  unlawful,  and  traitorous 
conspiracy  aforesaid,  and  in  aid  of  said  Rebellion,  afterwards,  to  wit : 
On  the  14th  day  of  April,  a.  d.  1865,  within  the  Military  Depart- 
ment of  Washington  aforesaid,  and  within  the  fortified  and  intrenched 
lines  of  said  Military  Department,  together  with  the  said  John  Wilkes 
Booth  and  John  H.  Surratt,  maliciously,  unlawfully,  and  traitorously 
murdering  the  said  Abraham  Lincoln,  then  President  of  the  United 

♦The  specification  against  Mrs.  Mary  E.  Surratt'is  alone  given  here. 


768 


AMERICAN  BASTILE. 


States  and  Commander-in-Chief  of  the  Army  and  Navy  of  the  United 
States  as  aforesaid,  and  maliciously,  unlawfully,  and  traitorously  as- 
saulting with  intent  to  kill  and  murder  the  said  William  H.  Seward, 
then  Secretary  of  State  of  the  United  States  as  aforesaid;  and  lying 
in  wait  with  intent  maliciously,  unlawfully,  and  traitorously  to  kill 
and  murder  the  said  Andrew  Johnson,  then  being  Vice-President  of 
the  United  States,  and  the  said  Ulysses  S.  Grant,  then  being  Lieu- 
tenant-General  and  in  command  of  the  Armies  of  the  United  States 
as  aforesaid. 

Specification  1.  In  this,  that  they,  the  said  David  E.  Harold,  Ed- 
ward Spangler,  Lewis  Payne,  John  H.  Surratt,  Michael  O'Laughlin, 
Samuel  Arnold,  Mary  E.  Surratt,  George  A.  Atzerodt,  and  Samuel 
A.  Mudd,  incited  and  encouraged  thereunto  by  Jefferson  Davis, 
George  N.  Sanders,  Beverly  Tucker,  Jacob  Thompson,  William  C 
Cleary,  Clement  C.  Clay,  George  Harper,  George  Young,  and  others 
unknown,  citizens  of  the  United  States  aforesaid,  and  who  were  then 
engaged  in  armed  Rebellion  against  the  United  States  of  America, 
within  the  limits  thereof,  did,  in  aid  of  said  armed  Rebellion,  on  or 
before  the  6th  day  of  March,  A.  D.  1865,  and  on  divers  other  days  and 
times  between  that  day  and  the  15th  day  of  April,  a.  d.  1865,  combine, 
confederate,  and  conspire  together  at  Washington  City,  within  the 
Military  Department,  and  within  the  intrenched  fortifications  and 
military  lines  of  the  said  United  States,  there  being  unlawfully,  ma- 
liciously, and  traitorously  to  kill  and  murder  Abraham  Lincoln,  then 
President  of  the  United  States  aforesaid,  and  Commander-in-Chief  of 
the  Army  and  Navy  thereof,  and  unlawfully,  maliciously,  and  traitor 
ously  to  kill  and  murder  Andrew  Johnson,  then  Vice-President  of 
the  United  States,  upon  whom,  on  the  death  of  said  Abraham  Lincoln, 
after  the  4th  day  of  March,  a.  d.  1865,  the  office  of  President  of  the 
said  United  States,  and  Commander-in-Chief  of  the  Army  and  Navy 
thereof,  would  devolve,  and  to  unlawfully,  maliciously,  and  traitor- 
ously kill  and  murder  Ulysses  S.  Grant,  then  Lieu  tenant-General 
under  the  direction  of  the  said  Abraham  Lincoln,  in  command  of  the 
Armies  of  the  United  States  aforesaid ;  and  unlawfully,  maliciously, 
and  traitorously  to  kill  and  murder  William  H.  Seward,  the  Secre- 
tary of  State  of  the  United  States  aforesaid,  whose  duty  it  was  by 
law  upon  the  death  of  said  President  and  Vice-President  of  the 
United  States  aforesaid,  to  cause  an  election  to  be  held  for  electors  of 
President  of  the  United  States,  the  conspirators  aforesaid  designing 
and  intending  by  the  killing  and  murder  of  the  said  Abraham  Lin- 
coln and  Andrew  Johnson,  Ulysses  S.  Grant  and  William  H.  Seward 


MARY    E.    SURR  ATT. 


769 


aforesaid,  to  deprive  the  army  and  navy  of  the  said  United  States  of 
a  constitutional  commander-in-chief,  and  to  deprive  the  armies  of  the 
Uuited  States  of  their  lawful  commander,  and  to  prevent  a  lawful 
election  of  President  and  Vice-President  of  the  United  States  afore- 
said, and  by  the  means  aforesaid  to  aid  and  comfort  the  insurgents 
engaged  in  armed  rebellion  against  the  said  United  States  as  afore- 
said, and  thereby  to  aid  in  the  subversion  and  overthrow  of  the  said 
United  States. 

And  being  so  combined,  confederated,  and  conspiring  together  in 
the  prosecution  of  such  unlawful  and  traitorous  conspiracy,  on  the 
night  of  the  14th  day  of  April,  a.  d.  1865,  at  the  hour  of  about  10 
o'clock  and  15  minutes  p.  M.,  at  Ford's  Theatre  on  Tenth  Street,  in 
the  city  of  Washington,  and  within  the  Military  Department  and 
military  lines  aforesaid,  John  Wilkes  Booth,  one  of  the  conspirators 
aforesaid,  in  pursuance  of  said  unlawful  and  traitorous  conspiracy,  did 
then  and  there  unlawfully,  maliciously,  traitorously,  and  with  intent 
to  kill  and  murder  the  said  Abraham  Lincoln,  discharge  a  pistol,  held 
in  the  hands  of  him,  the  said  Booth,  the  same  being  then  loaded  with 
powder  and  a  loaden  ball,  against  and  upon  the  left  and  posterior 
side  of  the  head  of  Abraham  Lincoln,  and  did  thereby  then  and 
there  inflict  upon  him,  the  said  Abraham  Lincoln,  then  President  of 
the  said  United  States  and  Commander-in-Chief  of  the  Army  and 
Navy  thereof,  a  mortal  wound,  whereof  afterwards,  to  wit,  on  the  15th 
day  of  April,  a.  d.  1865,  at  Washington  City  aforesaid,  the  said 
Abraham  Lincoln  died,  and  thereby  then  and  there,  in  pursuance  of 
said  conspiracy,  the  said  defendants  and  the  said  John  Wilkes  Booth, 
did  unlawfully,  traitorously,  and  maliciously,  and  with  the  intent  to 
aid  the  Rebellion  as  aforesaid,  murder  the  President  of  the  United 
States  as  aforesaid. 

And  in  the  further  prosecution  of  the  said  conspiracy,  Mary  E. 
Surratt  did,  at  Washington  City,  and  within  the  Military  Department 
and  military  lines  aforesaid,  on  or  before  the  6th  day  of  March,  a.  d. 
1865,  and  at  divers  other  days  and  times  between  that  day  and  the 
20th  day  of  April,  a.  d.  1865,  receive,  entertain,  harbor  and  conceal, 
aid  and  assist,  the  said  John  Wilkes  Booth,  David  E.  Harold,  Lewi? 
Payne,  John  H.  Surratt,  Michael  O'Laughlin,  George  A.  Atzerodt, 
Samuel  Arnold,  and  their  confederates,  with  a  knowledge  of  the  mur- 
derous and  traitorous  conspiracy  aforesaid,  and  with  intent  to  aid, 
abet,  and  assist  them  in  the  execution  thereof,  and  in  escaping  from 
justice  after  the  murder  of  the  said  Abraham  Lincoln,  as  aforesaid, 
with  intent  to  aid,  abet,  and  assist  them  in  the  execution  thereof,  and 
49 


770 


AMERICAN  BASTILE. 


in  escaping  from  justice  after  the  murder  of  the  said  Abraham  Lin- 
coln, in  pursuance  of  the  said  conspiracy,  in  the  manner  aforesaid. 
By  order  of  the  President  of  the  United  States. 

J.  Holt,  Judge- Advocate-General. 

TESTIMONY  FOR  THE  PROSECUTION. 

Testimony  of  Lewis  J.  Weichman. 
Examined  by  Judge- Advocate-General  Holt: 

Q.  State  to  the  court  if  you  know  John  H.  Surratt.  A.  I  do.  I  first  made 
his  acquaintance  in  the  fall  of  1862,  in  St.  Charles  county,  Maryland,  or  hi  the 
fall  of  1859  I  should  say. 

Q.  How  long  were  you  together  then?  A.  Until  1862;  I  renewed  my  ac- 
quaintance with  him  in  January,  1863. 

Q.  In  this  city  ?    A.  Yes,  sir. 

Q.  When  did  you  begin  to  board  at  the  house  of  his  mother,  the  prisoner  here  ? 
A.  On  the  1st  of  November,  1864. 

Q.  Where  is  her  house  ?   A.  On  H  street,  No.  541. 

Q.  See  if  that  is  Mrs.  Surratt  sitting  by  you  there.  A.  Yes,  sir ;  that  is  Mrs. 
Surratt. 

Q.  Will  you  state  when  you  first  made  your  acquaintance  with  Dr.  Mudd  ?  A. 
It  was  on  or  about  the  15th  of  January,  1865. 

Q.  State  under  what  circumstances.  A.  I  was  passing  down  Seventh  street 
with  Surratt,  and  when  nearly  opposite  Odd  Fellows'  Hall  some  one  called  out, 
'Surratt,  Surratt."  On  looking  around  Surratt  recognized  an  old  acquaintance 
of  his,  of  Charles  county,  Maryland ;  he  introduced  Dr.  Mudd  to  me,  and  Dr. 
Mudd  introduced  Mr.  Booth,  who  was  in  company  with  him,  to  both  of  us ;  they 
were  coming  up  Seventh  street  and  we  were  coming  down. 

By  the  Court : 

Q.  Do  you  mean  J.  Wilkes  Booth  ?    A.  Yes,  sir ;  J.  Wilkes  Booth. 
Q.  Where  did  you  go  then?    A.  He  invited  us  to  his  room  at  the  National 
Hotel. 

Q.  Who  ?  A.  Booth ;  he  told  us  to  be  seated,  and  ordered  cigars  and  wine  to 
the  room  for  four,  and  Dr.  Mudd  then  went  out  to  the  passage  and  called  Booth 
out  and  had  a  private  conversation  with  him.  Booth  and  the  doctor  then  came 
in  and  called  Surratt  out,  leaving  me  alone. 

Q.  How  long?    A.  Fifteen  or  twenty  minutes. 

Q.  Do  you  know  the  nature  of  their  conversation  ?  A.  No ;  I  was  sitting  on  a 
lounge  near  the  window;  they  came  in  at  last,  and  Mudd  came  near  me  on  the 
settee,  and  apologized  for  their  private  conversation,  stating  he  had  private  busi- 
ness with  Booth,  who  wished  to  purchase  his  farm. 

Q.  Did  you  see  any  manuscript  of  any  sort  on  the  table  ?  A.  No.  Booth  at 
one  time  cut  the  back  of  an  envelope  and  made  marks  on  it  with  a  pencil. 

Q.  Was  he  writing  on  it  ?  A.  I  should  not  consider  it  writing,  but  marks 
alone  ;  they  were  seated  at  the  table  in  the  centre  of  the  room. 

Q.  Did  you  see  the  marks?    A.  No,  sir;  just  saw  motion  of  the  pencil ;  Booth 


MARY    E.    SURR  ATT. 


771 


also  came  to  me  and  apologized,  and  said  he  wished  lo  purchase  Ifndd*!  f  irm  , 
Mudd  had  previously  stated  to  me  that  he  did  not  care  to  sell  his  farm  to  Booth, 
as  he  was  not  willing  to  give  him  enough  for  it. 

Q.  You  didn't  hear  a  word  spoken  between  them  in  regard  to  the  farm  ?  A. 
No,  sir  ;  I  did  not  know  the  nature  of  their  conversation  at  all. 

Q.  Did  I  understand  you  10  say  that  you  did  not  hear  any  of  their  conversa- 
tion at  the  table,  but  only  saw  the  motion  of  the  pencil  ?    A.  Yea,  sir. 

Q.  You  continued  to  board  at  Mrs.  Surratt's?  A.  I  boarded  there  up  to  the 
time  of  the  assassination. 

Q.  After  this  interview  at  the  National,  state  whether  Booth  called  frequently 
at  Mrs.  Surratt's.    A.  Yes,  sir. 

Q.  Whom  did  he  call  to  see?  A.  He  generally  called  for  John  II.  Surratt, 
and  in  his  absence  called  for  Mrs.  Surratt. 

Q.  Were  those  interviews  held  apart,  or  in  the  presence  of  other  persons  ?  A. 
Always  apart;  I  have  been  in  company  with  Booth  in  the  parlor  with  Surratt, 
but  Booth  has  taken  Surratt  to  a  room  up-stairs,  and  engaged  in  private  conversa- 
tion up  there  ;  he  would  say,  "  John,  can  you  spare  me  a  word  ?  come  up-stairs ;  " 
they  would  go  and  engage  in  private  conversation,  which  would  last  two  or  three 
hours. 

Q.  Did  the  same  thing  occur  with  Mrs.  Surratt?    A.  Yes. 

Q.  Have  you  ever  seen  the  prisoner  Atzerodt?   A.  I  have,  sir. 

Q.  Do  you  recognize  him  here?    A.  Yes,  sir;  that  is  he. 

Q.  Have  you  ever  seen  him  at  Mrs.  Surratt's?  A.  He  came  there  about  three 
weeks  after  I  formed  the  acquaintance  of  Booth. 

Q.  Who  did  he  inquire  for  ?   A.  For  Mr.  Surratt,  John  H. 

Q.  Did  you  ever  see  him  with  Booth  there,  or  only  with  Surratt  ?  A.  I  have 
never  seen  him  in  the  house  with  Booth. 

Q.  How  often  did  he  call?    A.  Some  ten  or  fifteen  times. 

Q.  What  was  the  name  by  which  he  was  known  by  the  young  ladies  of  the 
house?  A.  They  understood  that  he  came  from  Port  Tobacco,  and  instead  of 
calling  him  by  his  own  name,  they  gave  him  the  nickname  of  Port  Tobacco. 

Q.  Did  you  ever  see  him  on  the  street?  A.  Yes,  sir.  I  have  met  him  on  the 
corner  of  Seventh  and  Pennsylvania  avenue;  it  was  about  the  time  Booth  played 
Pescara,  in  the  Apostate;  Booth  had  given  Surratt  two  complimentary  tickets 
on  that  occasion,  and  we  went  down  and  met  Atzerodt;  we  told  him  where  we 
were  going,  and  he  said  he  was  going,  too,  and  at  the  theatre  we  met  David  C. 
Harold. 

Q.  Do  you  know  Harold?  Do  you  see  him  here?  A.  Yes,  sir.  We  also  met 
another  gentleman  there  named  Hollahan,  who  stopped  in  the  house ;  we  met 
him  in  the  theatre,  and  we  remained  until  the  play  was  over,  and  the  five  of  us 
left  together  and  went  together  as  far  as  the  corner  of  Tenth  and  E  streets,  but 
on  turning  around  Surratt  noticed  that  Atzerodt  and  Harold  were  not  following, 
and  I  went  and  found  them  in  the  restaurant  adjoining  the  theatre,  talking  con- 
fidentially with  Booth  ;  on  my  approaching  they  separated,  and  then  we  took  a 
drink,  and  there  was  a  gentleman  there  whose  face  I  remember ;  we  left  and 
joined  the  other  two  gentlemen,  and  went  to  another  restaurant  to  have  some 
oysters. 


772 


AMERICAN  BASTILE. 


Q.  Do  you  know  where  Surratt  left  his  horses  in  this  city  ?  A.  He  stated  to 
me  that  he  had  two  horses,  and  that  he  kept  them  at  Howard's  stables,  on  Q 
street,  between  Sixth  and  Seventh. 

Q.  Did  you  ever  see  Atzerodt  there  ?  A.  Yes,  sir,  on  the  day  of  the  assassina- 
tion. 

Q.  What  time  was  it?    A.  About  half- past  two  o'clock. 

Q.  What  was  he  doing  ?  A.  He  seemed  to  be  hiring  a  horse ;  I  had  been  sent 
by  Mrs.  Surratt  to  hire  a  buggy ;  when  I  got  there  I  saw  Atzerodt,  and  asked 
what  he  wanted ;  he  said  he  wanted  to  hire  a  horse ;  he  asked  Brooks  if  he  could 
have  a  horse,  and  he  told  him  he  could  not ;  then  we  left,  and  both  of  us  went  as 
far  as  the  post-office ;  I  had  a  letter  to  draw  out,  and  after  that  he  went  off  toward 
Tenth  street. 

Q.  Was  this  horse  that  was  kept  there  Surratt's  or  Booth's?  A.  I  will  state 
that  on  Tuesday  previous  to  the  assassination  I  was  also  sent  to  the  National 
Hotel  to  see  Booth,  and  get  his  buggy  for  Mrs.  Surratt.  She  wished  me  to  drive 
her  into  the  country.  Booth  said  he  had  sold  his  buggy,  but  he  would  give  me 
ten  dollars,  and  I  should  hire  a  buggy  for  Mrs.  Surratt,  and  spoke  of  the  horses 
he  kept  at  Brooks'  stables.  I  then  said  they  were  Surratt's ;  he  said  they  "  weTe 
mine." 

Q.  Did  Booth  give  you  ten  dollars  ?   A.  Yes,  sir. 
Q.  Did  you  drive  her  out  ?    A.  Yes,  sir. 

Q.  To  what  point?  A.  To  Surrattsville ;  we  left  at  ten  and  reached  there  at 
twelve ;  that  was  on  Tuesday,  the  11th. 

Q.  Did  you  return  that  day  ?  A.  Yes,  sir ;  we  only  remained  half  an  hour  ; 
Mrs.  Surratt  said  she  went  for  the  purpose  of  seeing  Mr.  Nothy,  who  owed  her 
money. 

Q.  State  whether  on  the  following  Friday,  that  is  the  day  of  the  assassination, 
you  drove  Mrs.  Surratt  into  the  country.    A.  Yes,  sir. 

Q.  Where  did  you  drive  to  ?  A.  To  Surrattsville ;  we  arrived  there  about 
half-past  four. 

Q.  Did  she  stop  at  the  house  of  Mr.  Lloyd?  A.  Yes,  sir;  she  went  into  the 
parlor. 

Q.  What  time  did  you  have  to  return  ?   A.  About  half- past  six. 

Q.  Can  you  go  down  there  in  two  hours?  A.  When  the  roads  are  good  you 
could  easily  get  down  there  in  two  hours. 

Q.  State  whether  you  remember,  some  time  in  the  month  of  March,  a  man  call- 
ing at  Mrs.  Surratt's  and  giving  himself  the  name  of  Wood,  and  inquiring  for 
John  H.  Surratt.  A.  Yes,  I  opened  the  door  for  him.  He  asked  if  Mr.  Surratt 
was  in ;  I  told  him  no,  but  I  introduced  him  to  the  family ;  he  had  then  expressed 
a  wish  to  see  Mrs.  Surratt. 

Q.  Do  you  recognize  him  here  ?  A.  Yes,  sir ;  that's  he,  that's  the  man,  Payne ; 
he  called  himself  Wood  then. 

Q.  How  long  did  he  remain  with  Mrs.  Surratt?  A.  He  stopped  in  the  house 
all  night,  and  had  supper  served  up  to  him  in  my  room  ;  they  brought  his  supper 
from  the  kitchen. 

Q.  When  was  that?  A.  As  nearly  as  I  can  recollect,  it  was  about  eight  weeks 
previous  to  the  assassination.    I  have  no  exact  knowledge  of  the  date. 


MART    E.  SURRATT. 


773 


Q.  Did  he  bring  a  package  ?   A.  No,  sir. 

Q.  How  was  he  dressed  ?  A.  He  had  a  black  overcoat  on  and  a  black  frock 
coat  with  gray  pants  at  the  time. 

Q.  Did  he  remain  till  the  next  morning?  A.  Yes;  he  left  in  the  earliest 
train  for  Baltimore. 

Q.  Do  you  remember  whether,  some  weeks  after,  the  same  man  called  again  ? 
A.  Yes.  I  should  think  it  was  about  three  weeks,  and  I  again  went  to  the  door. 
I  then  showed  him  into  the  parlor,  and  again  asked  his  name.  That  time  he 
gave  the  name  of  Payne. 

Q.  Did  he  then  have  an  interview  with  Mrs.  Surratt  ?  A.  Miss  Fitzpatrick, 
myself  and  Mrs.  Surratt  were  present ;  he  remained  about  three  days,  and  repre- 
sented himself  to  be  a  Baptist  preacher;  he  said  he  had  been  in  Baltimore  about 
a  week,  had  taken  the  oath  of  allegiance,  and  was  going  to  become  a  good,  loyal 
citizen. 

Q.  Did  you  hear  any  explanation  why  he  said  he  was  a  Baptist  minister  ? 
A.  No ;  Miss  Surratt  said  he  was  a  queer-looking  Baptist  preacher. 

Q.  Did  they  seem  to  recognize  him  as  the  Wood  of  former  days  ?  A.  Yes, 
sir ;  in  conversation  one  of  the  ladies  called  him  "Woods,  and  then  I  recollected 
that  on  his  previous  visit  he  had  given  the  name  of  Wood. 

Q.  How  was  he  dressed  then  ?   A.  In  a  complete  suit  of  gray. 

Q.  Did  he  have  any  baggage  ?  A.  Yes,  sir ;  he  had  a  linen  coat  and  two 
linen  shirts. 

Q.  Did  you  observe  any  trace  of  disguise  or  preparations  for  disguises? 
A.  One  day  I  found  a  false  moustache  on  the  table  in  my  room  ;  I  threw  it  into 
a  little  toilet-box,  and  Payne  searched  for  it  and  inquired  for  his  moustache ;  I 
was  sitting  in  the  chair  and  did  not  say  anything ;  I  retained  it  ever  since ;  it 
was  found  in  my  baggage  among  a  box  of  paints  I  had  in  my  trunk. 

******** 

Q.  Have  you  seen  any  letter  from  him  (Surratt)  ?  (The  witness  testified  that 
John  H.  Surratt  left  Washington  on  the  evening  of  the  3d  of  April.)  A.  Yes, 
I  saw  a  letter  to  his  mother,  dated  April  12;  it  was  received  here  on  the  14th.  I 
also  saw  another  written  to  Miss  Ward.  I  did  not  see  the  date,  but  the  receipt 
of  the  letter  was  prior  to  the  one  of  his  mother. 

Q.  Did  he  have  any  conversation  with  you,  as  he  passed  through,  about  the 
fall  of  Richmond  ?  A.  Yes ;  he  told  me  he  did  not  believe  it ;  he  said  he  had 
seen  Benjamin  and  Davis,  and  they  had  told  him  that  it  would  not  be  evacuated, 
and  he  seemed  to  be  incredulous. 

******** 

Q.  Do  you  remember,  early  in  April,  that  Mrs.  Surratt  sent  for  you,  and  asked 
you  to  give  Mr.  Booth  notice  that  she  wished  to  see  him  ?    A.  Yes,  sir. 

Q.  What  was  the  message  ?    A.  Merely  that  she  wished  to  see  him. 

Q.  Did  she  say  on  private  business,  or  use  any  expression  of  that  kind  7 
A.  Yes,  sir. 

Q.  Did  you  deliver  the  message  ?    A.  I  did. 

Q.  What  did  Booth  say  ?   A.  He  said  he  would  come  to  the  house  immedW 
ately,  or  as  soon  as  he  could. 
Q.  What  time  was  this  ?   A.  Some  time  in  April ;  it  was  the  second.  When 


774  AMERICAN  BASTILE. 

she  sent  me  I  found  in  Booth's  room  Mr.  McCullough,  the  actor ;  I  communi- 
cated to  Booth  her  desire,  and  he  did  come  in  the  evening  of  the  second. 

Q.  State  whether  he  called  on  the  evening  of  the  14th  of  April,  the  day  of  the 
assassination.  A.  Yes,  sir;  about  half- past  two  o'clock.  When  I  was  going 
out  at  the  door  I  met  Mrs.  Surratt  speaking  to  Booth. 

Q.  Were  they  alone?    A.  Yes,  sir;  they  were  alone  in  the  parlor. 

Q.  Plow  long  was  it  after  that  when  you  started  for  the  country  ?  A.  He 
didn't  remain  more  than  three  or  four  minutes. 

Q.  And  immediately  after  that  you  set  out  for  the  country  ?    A.  Yes,  sir. 

Cross-examination  by  Reverdy  Johnson: 

Q.  How  long  have  you  been  at  Mrs.  Surratt's  ?  A.  Since  November,  1864 ; 
Mrs.  Surratt,  at  that  time,  had  moved  into  the  city  from  the  country ;  she  had 
rented  her  farm. 

Q.  Did  you  ever  live  with  her  in  the  country  ?  A.  No,  sir ;  but  I  have  visited 
her. 

Q.  You  knew  her  very  well  at  that  time  9  A.  Not  very  well ;  I  made  her  ac- 
quaintance through  her  son,  who  was  a  school-mate  of  mine.  I  sometimes  went 
there,  and  always  experienced  kindness  and  courtesy. 

Q.  What  sort  of  a  house  had  she  in  the  city  here  ?  A.  It  contained  eight 
rooms — six  large  and  two  small. 

Q.  Was  she  in  the  habit  of  renting  her  rooms  out?    A.  Yes,  sir. 

Q.  Did  she  furnish  board  as  well  as  rooms?    A.  Yes,  sir. 

Q.  Were  you  on  intimate  terms  with  her  son  ?   A  Very  intimate,  indeed. 

Q.  Were  you  in  the  habit  of  seeing  young  Surratt'almost  every  day?  A.  Yes, 
sir.  He  would  be  seated  at  the  same  table.  We  occupied  the  same  room.  He 
slept  with  me. 

Q.  During  the  whole  of  that  period  you  never  heard  him  intimate  it  was  his 
intention  to  assassinate  the  President?    A.  No,  sir. 

Q.  Were  you  a  student  with  him  ?  A.  Yes,  sir;  I  was  in  the  college  one  year 
longer  than  he. 

Q.  When  did  you  first  drive  into  the  country  with  Mrs.  Surratt?  A.  The  first 
occasion  was  on  the  11th  of  April. 

Q.  Did  she  tell  you  what  her  object  was  in  going  ?  A.  She  said  to  see  Nothy, 
who  owed  her  some  money,  and  the  interest  on  it  for  thirteen  years. 

Q.  Is  there  such  a  man?    A.  Yes,  sir;  there  is. 

Q.  Do  you  know  whether  she  then  saw  him  ?  A.  When  we  arrived  at  the 
Tillage  Mr.  Nothy  was  not  there,  and  she  told  the  bar-keeper  to  send  a  messenger 
for  him,  and  he  sent  one.  In  the  meantime  we  went  to  Captain  Gwynne's 
house ;  remained  there  two  hours  and  took  dinner.  He  said  he  would  like  to 
return  with  us,  and  he  did,  to  Surrattsville ;  on  returning  we  found  Nothy,  and 
she  transacted  her  business  with  him. 

Q.  Did  you  know  the  man  ?  A.  No ;  Mr.  Nott,  the  bar-keeper,  said  he  was  in 
the  parlor;  I  didn't  go  in. 

Q.  State  what  her  purpose  was  in  the  second  visit.  A.  She  said  she  had  re- 
ceived a  letter  in  regard  to  this  money  due  her  by  Mr.  Nothy. 

Q.  Was  the  letter  of  the  same  date  ?  A.  Yes ;  and  she  stated  she  was  com- 
pelled again  to  go  to  the  country,  and  asked  me  to  drive  her  down,  and  I  con* 
•ented. 


MARY    E.  SURRATT. 


770 


Q.  Did  you  see  the  letter?    A.  No — no,  sir;  Hhe  said  that  she  had  received  it, 
and  that  it  required  her  to  go  to  Surrattsville  ;  that's  all  I  know. 
Q.  Did  you  go  in  a  buggy  ?    A.  Yes,  sir. 

Q.  Any  oae  else  go  with  you?    A.  Nobody  but  I  and  she  went. 

Q.  Did  she  take  anything  with  her?  A.  Only  two  packages — one  with  let- 
ters concerning  her  estate,  and  a  smaller  package  about  six  inches  in  diameter; 
it  looked  like  two  cr  three  saucers  wrapped  in  brown  paper  ;  this  was  put  in  the 
bottom  of  the  buggy,  and  taken  out  when  we  got  to  Surrattsville. 

Q.  How  long  did  you  remain  ?    A.  Till  half-past  six. 

Q.  What  time  did  you  reach  home?    A.  About  half-past  nine  or  ten. 

Q.  When  did  you  hear,  or  did  you  hear,  of  the  assassination  of  the  President 
and  the  attack  ou  Secretary  Seward  ?  A.  I  heard  it  at  three  o'clock  on  Saturday 
morning. 

Q.  Who  came  to  the  house  within  the  period  from  your  return  to  the  time  you 
heard  of  the  assassination  of  the  President?  A.  There  was  some  one  rang  the 
bell,  but  who  it  was  I  don't  know. 

Q.  Was  the  bell  answered  ?    A.  Yes,  sir. 

Q.  By  whom?    A.  By  Mrs.  Surratt. 

Q.  Was  there  any  one  at  the  door?  A.  Yes,  sir;  I  heard  footsteps  going  into 
the  parlor,  and  immediately  going  out. 

Q.  How  long  was  that  after  you  got  back?  A.  About  ten  minutes;  I  wu 
taking  supper. 

Q.  Was  that  before  ten  o'clock  ?    A.  Yes,  sir. 

Q.  Then  it  was  before  the  time  of  the  assassination,  which  is  said  to  have  been 
about  ten  o'clock  ?    A.  Yes,  sir. 

Q.  Had  persons  been  in  the  habit  of  coming  for  rooms  to  the  house?  A.  Yes; 
coming  from  the  country  they  would  stop  at  the  house ;  she  had  many  acquaint- 
ance:-, and  was  always  very  hospitable,  and  they  could  get  rooms  as  long  as  they 
chose. 

Q.  Did  Atzerodt  take  a  room  ?  A.  Atzerodt,  to  my  knowledge,  stopped  in  the 
house  but  one  night. 

Q.  Did  he  take  a  room  ?    A.  Not  that  I  know  of. 
Q.  Did  he  leave  next  day  ?    A.  Yes. 

Q.  You  saw  Payne  yourself  when  he  came  to  the  house  ?  A.  Yes,  sir ;  the 
first  time  he  gave  the  name  of  Wood.  I  went  to  the  door  and  opened  it,  and  he 
said  he  would  like  to  see  Mrs.  Surratt.  * 

Q.  What  was  his  appearance  ;  genteel  ?  A.  Yes ;  he  had  on  a  long,  black  coat, 
and  went  into  the  parlor;  he  acted  very  politely,  and  asked  Mrs.  Surratt  to  play 
on  the  piano  for  him. 

Q.  Do  you  know  why  Atzerodt  left  the  house?    A.  No,  sir. 

Q.  Have  you  any  knowledge  that  he  was  told  that  he  could  not  stop  there  any 
longer?   A.  No. 

Q.  Did  he  leave  there  next  day?  A.  Yes,  sir;  his  leaving  was  owing  to  the 
arrival  of  Surratt;  he  said  he  wanted  to  see  John,  and  having  seen  him  he  left ; 
I  heard  them  afterwards  say  that  they  did  not  care  to  have  him  brought  to  the 
house. 

•  In  direct  examination  the  witnew  tajt  Wood  aaked  if  Mr.  Surratt  wu  la. 


776 


AMERICAN  BASTILE. 


Q.  What  reason  did  they  give  for  that  ?  A.  Mrs.  Surratt  said  she  did  not  car* 
to  have  such  sticks  brought  to  the  house ;  they  were  no  company  for  her. 

Q.  He  did  not  come  any  more  ?    A.  Not  since  the  2d  of  April. 

Q.  You  say  you  found  upon  your  own  table  a  false  moustache ;  what  was  the 
color  of  the  hair  ?    A.  Black. 

Q.  Was  it  large?    A.  About  medium  sized. 

Q.  This  you  put  into  your  own  box  ?  A.  Yes,  in  a  toilet  box  and  afterwards 
in  a  box  of  paints ;  it  was  found  in  rny  baggage. 

Q.  When  he  came  home  he  seemed  to  be  looking  for  it  ?  A.  Yes,  he  said 
"  Where  is  my  moustache?  " 

Q.  Why  did  you  not  give  it  to  him  ?    A.  I  suspected,  I  thought  it  queer. 

Q.  But  you  locked  it  up  ?    A.  Yes,  I  didn't  like  to  have  it  in  my  room. 

Q.  But  you  could  have  got  it  out  of  your  room  by  giving  it  to  him  when  he 
asked  for  it?  A.  I  thought  no  honest  person  had  a  reason  to  wear  a  false 
moustache.  I  took  it  and  exhibited  it  to  some  of  the  clerks  in  the  office.  I  put 
it  on  with  specs  and  was  making  fun  with  it. 

Q.  Give  the  date  of  the  letter  Mrs.  Surratt  received  from  her  son  John  since 
he  left?  A.  It  was  dated  Montreal,  April  12th,  and  was  received  here  April 
14th. 

Q.  How  did  you  become  acquainted  with  the  date  of  the  letter ;  by  the  post- 
mark? A.  By  the  heading  of  the  letter;  the  letter  was  written  in  general 
terms. 

Q.  How  was  the  letter  signed  ?  A.  John  Harrison ;  his  name  is  John  Harrison 
8urratt. 

Q.  Was  the  handwriting  disguised?    A.  It  was  unusually  good  for  him. 

Q.  Unusually  good,  but  not  disguised?  You  knew  it  at  once,  didn't  you?  A. 
Yes,  and  I  remarked  to  Mrs.  Surratt,  John  is  improving  in  his  writing. 

Q.  You  have  known  Mrs.  Surratt  since  November  ?    A.  Yes. 

Q.  What  has  been  her  character  since  that  time  ?  A.  Her  character  was  ex- 
emplary and  ladylike  in  every  particular. 

Q.  Is  she  a  member  of  the  church?    A.  Yes,  sir. 

Q.  Is  she  a  regular  attendant?    A.  Yes,  sir. 

Q.  Of  the  Catholic  church  ?   A.  Yes,  sir. 

Q.  Have  you  been  with  her  to  church  ?   A.  Every  Sunday,  sir. 

Q.  As  far  as  you  could  judge  her  character  in  a  religious  and  moral  sense,  it 
was  every  way  exemplary?  A.  Yes,  sir;  she  went  to  her  duties  every  two 
weeks. 

Q.  Did  she  go  in  the  morning  ?  A.  It  was  sometimes  in  the  morning  and 
sometimes  in  the  evening. 

Q.  Was  that  the  case  all  the  time  you  knew  her  ?   A.  Yes,  sir. 

Q.  If  I  understand,  then,  she  was  apparently  discharging  all  her  duties  to  God 
•nd  to  man  ?    A.  Yes,  sir. 

Mr.  Reverdy  Johnson  here  said  : 

"I  am  done,  sirl"  and  rising,  left  the  court-room,  and  the  cross-examination 
of  the  witness  was  continued  by  other  counsel. 

Q.  You  remarked,  sir,  that  at  some  time,  when  you  were  in  company  with 
Mrs.  Surratt,  a  party  would  call  to  see  her.    Do  you  remember  of  Mrs.  Surratt 


MART    E.  SURRATT. 


777 


■ending  a  request  to  have  a  private  conversation  with  Booth  ?  A.  On  the  2d  of 
April  she  sent  me  to  the  hotel  and  told  me  to  tell  him  that  she  would  like  to  nee 
him  on  some  private  business. 

Q.  In  reference  to  that  ten  dollars  given  you  by  Booth  to  obtain  a  buggy  ?  A 
I  thought  it  an  act  of  friendship.  Booth  had  been  in  the  habit  of  keeping  a 
buggy  and  had  promised  to  let  Mrs.  Surratt  have  the  loan  of  it,  and  when  I  went 
for  it  he  said,  u  Here  is  ten  dollars ;  go  and  hire  one." 

Q.  Did  you  ever  see  Mrs.  Surratt  leave  the  parlor  to  have  a  private  inter- 
view with  Booth?  A.  Frequently;  she  would  go  into  the  passage  and  talk  with 
him. 

Q.  How  much  time  did  these  interviews  generally  occupy?  A.  Generally  not 
more  than  five  or  eight  minutes. 

Q.  Well,  sir,  by  any  conversation  with  her  were  you  ever  led  to  believe  she  wa* 
in  secret  conspiracy  with  Booth,  or  any  of  his  confederates? 

Here  it  was  remarked  by  a  member  of  the  court  that  the  witness  had  better 
confine  himself  to  a  statement  of  the  facts,  and  the  question  was  waived  by  the 
cross-examining  counsel. 

Q.  Did  you  ever  transact  any  business  for  Mrs.  Surratt?  A.  I  only  wrote  a 
letter  to  Mr.  Nothy. 

Q.  What  was  that  ?  A.  It  was  as  follows :  Mr.  Nothy :  Unless  you  come  for- 
ward and  pay  that  bill  at  once  I  will  begin  suit  against  you  immediately. 

Q.  Anything  else  ?  A.  I  figured  some  interest  sums  for  her,  the  interest  on 
$439  for  thirteen  years. 

Q.  You  said  Payne  paid  a  visit  to  Mrs.  Surratt,  and  stopped  only  one  night  ? 
A.  Yes,  sir. 

Q.  WTith  whom  did  he  appear  to  have  business?  A.  He  appeared  to  have 
business  with  Mrs.  Surratt. 

Q.  Did  he  have  any  other  dress,  going  to  show  that  he  wanted  to  conceal  him- 
self, that  you  saw  ?   A.  No,  sir. 

Q.  Was  he  received  by  Mrs.  Surratt  as  an  intimate  friend  ?  A.  He  was  by 
Mrs.  Surratt;  he  was  treated  as  an  old  acquaintance  on  his  first  visit. 

Q.  Now  you  say  he  represented  himself  to  be  a  Baptist  minister ;  did  they  re- 
gard him  as  a  man  in  disguise,  or  as  a  minister?  A.  One  of  the  young  ladies 
remarked  that  he  was  a  queer-looking  Baptist  preacher ;  that  he  wouldn't  convert 
many  souls. 

Q.  Were  you  or  were  you  not  at  Mrs.  Surratt's  when  Payne  was  arrested  ?  A, 
No,  sir. 

Q.  Were  you  in  the  house  at  three  o'clock  on  Saturday  morning  when  the 
officers  took  possession  ?   A.  Yes,  sir. 

Q.  Was  Payne  not  there  then  ?    A.  No,  sir. 

Q.  I  would  like  to  know  what  professional  employment  you  are  in  ?  A.  Clerk 
in  the  office  of  the  commissary-general  of  prisoners,  and  have  been  since  the  9th 
day  of  January,  1864. 

Q.  Colonel  Hoffman's  office?   A.  Yes,  sir. 

On  Saturday,  May  15,  after  the  record  of  the  testimony  of  Weichman  was  read, 
Mi  Johnson,  the  senior  counsel  of  Mrs.  Surratt,  applied  to  be  permitted  to  ask 
the  witness,  Weichman,  some  questions  before  he  retired.    This  was  objected  to 


778 


AMERICAN  BASTILE. 


by  Major-General  "Wallace,  but  on  the  inquiry  of  the  judge-advocate-general 
whether  it  was  to  be  a  cross-examination,  and  being  told  that  it  was,  the  court, 
under  the  judge- advocate's  suggestion,  permitted  the  cross-examination. 
Examination  by  Hon.  Reverdy  Johnson : 

Q.  I  understood  you  to  say  on  Saturday  that  you  went  with  Mrs.  Surratt  the 
first  time,  on  Tuesday  before  the  assassination,  in  a  buggy.  Do  you  recollect 
whether  you  stopped  on  the  way  to  Surrattsville  ?    A.  Yes,  sir. 

Q.  Where  ?    A.  We  stopped  on  two  or  three  occasions. 

Q.  Did  you  stop  at  Uniontown  ?  A.  I  do  not  know  the  particular  point, 
whether  it  was  at  Uniontown  or  not. 

Q.  Did  you  stop  at  a  village  ?  A.  We  stopped  on  the  road  at  no  particular  vil- 
lage that  I  remember. 

Q,  How  do  you  know  Mr.  Lloyd?    A.  I  have  met  him  three  times. 

Q.  Did  you  know  him  as  the  keeper  of  the  hotel?  A.  I  knew  him  as  the  man 
who  had  rented  Mrs.  Surratt's  house  from  her,  because  I  copied  off  the  instrument 

Q.  Do  you  recollect  seeing  him  go  by  in  a  buggy  on  the  way  from  Washington 
to  Surrattsville  on  Tuesday  ?  A.  Yes,  sir ;  we  met  his  carriage ;  it  drove  past  us  ; 
Mrs.  Surratt  called  to  Mr.  Lloyd ;  Mr.  Lloyd  got  out  and  approached  the  buggy; 
Mrs.  Surratt  put  her  head  out  and  had  a  conversation  with  him. 

Q.  Did  you  hear  it  ?    A.  No,  sir. 

Q.  Did  you  hear  anything  about  shooting-irons  ? 

Question  objected  to  by  Assistant  Judge- Advocate  Bingham.  The  question  was 
then  withdrawn. 

Witness.  I  heard  nothing  mentioned  about  shooting-irons ;  Mrs.  Surratt  spoke 
to  Mrs.  Offutt  about  having  this  man,  Howell,  take  the  oath  of  allegiance  and 
get  released,  and  said  she  was  going  to  apply  to  General  Augur  or  Judge  Turner 
for  that  purpose. 

Q.  How  long  was  that  interview  between  Mr.  Lloyd  and  Mrs.  Surratt  on  that 
occasion?  A.  That  I  couldn't  say  exactly;  I  don't  think  it  was  more  than  five 
or  eight  minutes. 

By  Judge  Holt: 

Q.  I  understood  you  to  say  you  did  not  hear  the  whole  of  this  conversation  ? 
A.  I  did  not  hear  the  conversation  between  Mr.  Lloyd  and  Mrs.  Surratt ;  Mrs. 
Surratt  spoke  to  Mr.  Lloyd  at  some  distance  from  the  buggy,  and  I  couldn't 
hear  it. 

By  Mr.  Johnson : 

Q.  Do  you  recollect  whether  it  was  raining  at  that  time?  A.  I  don't  think  it 
was  raining  at  that  particular  time ;  it  was  a  cloudy,  murky  day ;  I  cannot  say 
whether  it  was  raining  or  not ;  I  don't  remember. 

May  18.    Re-examination  of  Lewis  J.  Weichman  continued.     *     *     *  * 

Cross-examined  by  Mr.  Aiken. 

Q.  What  time  in  the  day  did  you  meet  Mr.  Lloyd  on  his  way  to  Washington? 
A.  It  must  have  been  about  ten  o'clock  in  the  morning. 

Q.  Did  you  hear  any  of  the  conversation  that  passed  between  him  and  Mrs. 
Surratt  at  that  time?  A.  No,  sir;  I  leaned  back  in  my  buggy,  and  Mrs.  Sur- 
ratt leaned  sideways  and  whispered  some  words  in  Mr.  Lloyd's  ear. 

Q.  Did  she  afterwards  say  anything  to  you  as  to  what  the  conversation  was 


MART    E.  SURRATT. 


770 


about?  A.  No,  sir  ;  the  only  conversation  that  I  heard  at  that  time  wan  between 
her  and  Mrs.  Offiitt ;  she  was  talking  about  Mr.  Howell. 

Q.  Was  that  at  the  same  time?  A.  No,  sir;  it  was  after  the  conversation  be- 
tween Lloyd  and  herself. 

Q.  Was  it  on  the  same  spot  ?    A.  No,  sir. 

Q.  By  whom  were  you  called  upon  first  to  give  your  testimony  in  this  case? 
A.  I  was  called  by  the  War  Department. 

Q.  By  what  member  of  the  War  Department?  A.  I  was  called  on  by  Judge 
Burnett. 

Q.  Were  you  arrested?  A.  I  surrendered  myself  upon  Saturday  morning,  at 
eight  o'clock,  to  Superintendent  Richards,  of  the  Metropolitan  Police  force ;  I 
stated  to  him  what  I  knew  of  these  men,  Payne,  Harold  and  Booth,  visiting  Mrs. 
Surratt's ;  I  stated  also  what  I  knew  of  John  Surratt. 

Q.  What  was  your  object  in  doing  this?  A.  My  object  was  to  assist  the 
Government. 

Q.  Were  any  threats  ever  made  to  you  by  any  officer  of  the  Government  if 
you  did  not  give  this  information  ?    A.  Not  at  all. 

Q.  Were  any  inducements  held  out  to  you  by  any  oflBcer  of  the  Government  ? 
A.  Not  at  all ;  I  read  in  the  papers  that  morning  a  description  of  the  assassin  of 
Secretary  Seward  ;  he  was  described  as  a  man  who  wore  a  long,  gray  coat ;  I  had 
seen  Atzerodt*  wearing  a  long,  gray  coat ;  I  went  down  to  Tenth  street,  and  met  a 
gentleman,  to  whom  I  communicated  my  suspicions,  and  then  went  and  delivered 
myself  up  to  Superintendent  Richards,  of  the  Metropolitan  Police  force,  and 
told  him  where  this  man  Payne  had  been  stopping,  and  also  Atzerodt  and 
Harold ;  I  was  then  sent  to  General  Augur's  office ;  after  leaving  that  place  I 
met  a  man  who  kept  a  stable  at  Thirteenth  and  E  streets,  who  stated  that  a  man 
had  been  to  his  place  to  hire  a  horse;  he  described  the  man  as  being  of  small 
stature,  having  black  eyebrows  and  a  kind  of  a  smile  on  his  face ;  he  said  the 
name  was  Harold  ;  I  then  went  with  Officer  McDevitt  to  Harold's  house,  and  pro- 
cured photographs  of  himself  and  Booth  ;  Officer  McDevitt  procured  a  photo- 
graph of  Surratt;  I  related  what  I  knew  of  Harold's  habit  of  riding  through 
Maryland,  and  that  he  had  many  acquaintances  there,  and  that  the  assassins 
would  probably  take  their  course  through  Maryland. 

Q.  Did  you  ever  say,  previous  to  your  surrendering  yourself  and  going  to  the 
office  of  Colonel  Burnett,  that  you  were  fearful  of  an  arrest?  A.  I  myself  had  a 
great  deal  of  fear;  being  in  this  house  where  these  people  were,  I  knew  that  I 
would  be  brought  into  public  notice,  f 

Q.  I'm  not  asking  what  you  had  to  fear,  but  what  you  said. 

Judge  Bingham  :    You  had  better  allow  him  to  answer  in  his  own  way. 

A.  As  far  as  concerned  my  cognizance  of  anything  wrong,  I  had  no  fears  at 
all;  when  I  surrendered  myself  to  the  Government  I  surrendered  myself  because 
I  thought  it  to  be  my  duty.  It  was  hard  for  me  to  do  so,  situated  as  I  was  with 
respect  to  Mrs.  Surratt  and  family  ;  but  it  was  my  duty,  and  as  such  I  have  since 
regarded  it. 

*  No  doubt  the  witness  meant  Payne. 

f  John  T.  Ilollahan  lived  and  boarded  in  the  same  home,  and  yet  manifested  no  fear  on  accounl 
of  his  associations. 


780 


AMERICAN  BASTILE. 


Testimony  of  John  M.  Lloyd. 
Mr.  Lloyd  sworn. 

Q.  Where  do  you  reside  ?    A.  At  Surrattsville. 

Q.  Are  yon  acquainted  with  John  H.  Surratt  ?   A.  Yes,  since  the  first  of 

December,  1864  ;  not  much  previous  to  that. 
Q.  Do  you  know  the  prisoner  Harold  ?    A.  Yes,  sir. 
Q.  Do  you  know  the  prisoner  Atzerodt?    A.  Yes,  sir 

Q.  Will  you  state  whether  or  not,  6ome  five  or  six  weeks  before  the  assassination 
)f  the  President,  any  or  all  of  these  men  came  to  your  house?  A.  They 
were  there,  sir. 

Q.  All  three?  A.  Yes,  sir. 

Q.  What  did  they  bring  to  your  house  ?  A.  Atzerodt  came  first,  went  on  to 
T.  B.,  was  gone  about  half  an  hour,  and  the  three  of  them  returned,  Surratt, 
Atzerodt  and  Harold.  I  noticed  nothing  with  them  until  all  three  came  back, 
when  John  Surratt  called  me  into  the  front  parlor,  and  then  on  the  sofa  I  saw 
two  carbines  and  some  ammunition. 

Q.  Anything  else?    A.  A  rope. 

Q.  How  long  ?   A.  About  sixteen  to  twenty  feet. 

Q.  Were  these  articles  left  at  your  house  ?  A.  Yes ;  Surratt  asked  me  to  take 
care  of  them,  and  I  told  him  I  did  not  like  to  have  these  things  in  the  house ;  he 
then  called  me  into  a  room  I  had  never  seen  into  before  and  showed  me  where  I 
could  place  them  under  a  joist. 

Q.  Were  they  concealed  there  ?   A.  Yes,  sir ;  I  put  them  there  myself. 

Q.  How  much  ammunition  was  there?    A.  Just  one  cartridge  box. 

Q.  What  kind  of  a  carbine  was  it?  A.  Didn't  examine  them;  they  had 
covers  over  them. 

Q.  State  whether,  on  the  Monday  preceding,  Mrs.  Surratt  came  to  your  house. 
A.  I  met  Mrs.  Surratt  on  the  Monday  previous  to  the  assassination.  When  she 
first  broached  the  subject  to  me  I  did  not  understand  her ;  she  asked  me  about 
the  6hooting-irons,  or  something  of  that  kind,  to  draw  my  attention  to  those 
things;  I  had  almost  forgotten  they  were  there,  and  I  told  her  they  were  hidden 
away ;  she  said  they  would  be  wanting  soon  ;  I  don't  recollect  the  first  question 
she  put  to  me ;  she  only  referred  to  it  in  a  manner,  and  finally  came  out  and  said 
they  would  be  wanted  soon. 

Q.  Now  will  you  state  whether,  on  the  evening  or  day  on  which  the  President 
was  assassinated,  Mrs.  Surratt  didn't  come  to  your  house  ?  A.  Yes ;  I  was  out 
attending  a  trial,  and  found  her  there  when  I  came  back  ;  I  judge  it  was  about 
five  o'clock ;  I  met  her  at  the  wood-pile,  and  she  told  me  to  have  them  shooting- 
irons  ready  that  night,  and  said  there  would  be  some  parties  call  for  them  that 
night;  6he  gave  me  something  in  a  piece  of  paper  to  keep  for  her,  and  I  found 
it  was  a  field-glass ;  she  asked  me  also  to  have  two  bottles  of  whiskey  ready,  say- 
ing they  would  be  called  for  at  night. 

Q.  And  were  they  called  for  by  Booth  and  Harold  that  night?  A.  They  both 
came,  Booth  and  Harold,  and  took  their  whiskey  out  of  the  bottles ;  Booth  didn't 
come  in,  but  Harold  did  ;  it  was  not  over  a  quarter  after  twelve  o'clock ;  Booth 
was  a  stranger  to  me ;  Harold  came  in  and  took  the  whiskey,  but  I  don't  think  he 
asked  for  it ;  he  said  to  me,  Get  me  those  things. 


MARY    E.    SURR  ATT. 


781 


Q.  Did  he  not  say  what  those  things  were  ?  A.  No;  but  he  was  apprised  that 
already  I  knew  they  were  coming  for  them ;  I  made  no  reply,  but  went  and 
got  them  ;  I  gave  them  all  the  articles,  with  the  field-glass  and  a  monkey-wrench. 

Q.  She  told  you  to  give  them  the  whiskey,  the  carbines  and  the  field-glass  ? 
A.  Yes,  sir. 

Q.  How  long  did  they  remain  at  your  house  ?    A.  Not  over  five  minutes. 

Q.  Did  they  take  both  the  carbines,  or  only  one?  A.  Only  one;  Booth  said 
he  could  not  take  his,  because  his  leg  was  broken. 

Q.  Did  he  drink  also?  A.  Yes,  while  sitting  in  the  porch;  Harold  carried 
the  bottle  out  to  him. 

Q.  Did  they  say  anything  about  the  assassination?  A.  As  they  were  leaving 
Booth  said,  "  I  will  tell  you  some  news :  J  am  pretty  certain  we  have  assassinated  the 
President  and  Secretary  Seward." 

Q.  Was  that  in  Harold's  presence  ?  A.  I  am  not  certain.  I  became  so  excited 
that  I  am  not  certain. 

Q.  At  what  hour  was  the  new3  of  the  President's  assassination  afterwards  re- 
ceived by  you  ?   A.  I  suppose  it  was  about  nice  o'clock. 

Q.  As  the  news  spread  was  it  spoken  of  that  Booth  was  the  assassin  ?  A.  I 
think  it  was  on  several  occasions, 

Q.  What  was  the  exact  language  used  when  Harold  asked  you  for  those  things  ? 
A.  For  God's  sake  make  haste  and  get  those  things. 

Cross-examination : 

Q.  At  what  time  did  you  rent  the  house  ?    A.  About  the  1st  of  December. 
Q.  At  the  time  you  commenced  the  occupation  of  the  premises  did  you  find 
iny  arms  in  the  house  ?    No,  sir. 
Q.  No  guns  or  pistols?   A.  There  was  a  broken  gun,  a  double-barreled  gun. 
Q.  Do  you  keep  a  bar  there  ?   A.  I  do,  sir. 

Q.  Detail  the  first  conversation  you  had  with  Mrs.  Surratt  on  the  last  two  times 
you  saw  her.  A.  It  was  out  of  Uniontown  ;  we  had  passed  each  other ;  I  stopped 
and  saw  it  was  her  and  got  out  and  went  to  her  buggy,  and  she  spoke  to  me  in  a 
manner  trying. to  draw  my  attention  to  those  things,  the  carbines,  but  she  finally 
came  out  plainer,  though  I  am  not  quite  positive,  but  I  think  she  said  shooting- 
irons. 

Q.  Can  you  swear,  Mr.  Lloyd,  on  your  oath  that  she  mentioned  shooting-irons 
to  you  at  all?  A.  I  am  pretty  positive  she  did  on  both  occasions,  and  I  know  she 
did  on  the  last. 

Q.  At  what  time  on  Friday  did  you  meet  Mrs.  Surratt?  A.  I  did  not  meet 
her  on  Friday  at  all ;  I  was  out  and  when  I  returned  home  I  found  her  there. 

Q.  How  long  did  she  remain  after  you  returned?    A.  Not  over  ten  minutes. 

Q.  Now  state  the  conversation  between  you  and  her  during  those  ten  minutes. 
A.  The  first  thing  she  said  wa3,  "Talk  about  the  devil  and  some  of  his  imps  will 
appear,"  then  she  said,  "  Mr.  Lloyd,  I  want  you  to  have  the  shooting-irons  rendy, 
some  parties  will  call  for  them  to-night; "  she  gave  me  a  bundle,  but  I  didn't 
open  it  until  I  got  up-stairs,  and  I  found  it  was  a  field-glass. 

Q.  At  what  time  of  day  did  you  have  this  conversation  with  Mrs.  Surratt?  A. 
I  judge  it  was  about  5  o'clock,  but  it  might  have  been  later.  She  told  me  to  have 
those  shooting-irons  ready,  and  I  carried  them  and  the  other  things  into  the 
house.    That  is  all  the  conversation  I  had  with  her  in  reference  to  that.    I  wont 


782 


AMERICAN  BASTILE. 


into  the  barn  and  she  requested  me  to  fix  her  buggy,  the  spring  of  which  had  be- 
come detached  from  the  axle. 

Q.  Was  any  other  person  present  during  this  interview  ?  A.  Mrs.  Offutt  was 
there. 

Q.  Was  she  within  hearing  distance?    A.  I  don't  know;  I  suppose  she  was. 
Q.  This  was  in  the  yard?    A.  Yes,  sir. 

Q.  Is  Mrs.  Offutt  a  neighbor  of  yours?    A.  She  is  my  sister-in-law. 

Q.  When  did  you  first  have  occasion  to  recollect  these  conversations?  A. 
When  I  gave  all  the  particulars  to  Captain  Burnett,  the  Saturday  week  following. 
,   Q.  Was  that  the  first  time  you  detailed  those  conversations?   A.  Yes. 

Q.  Did  you  relate  any  of  the  circumstances  to  any  other  person  ?  A.  Only  to 
Lieutenant  Lovett  and  Captain  Cunningham.  I  told  them  it  was  through  the 
Surratts  I  got  myself  into  difficulty,  and  if  they  hadn't  brought  those  arms  to  the 
house  I  would  not  have  been  in  any  difficulty  at  all. 

Q.  Were  Lovett  and  Cunningham  together  when  you  told  them  ?    A.  Yes. 

Q.  Did  ycu  talk  to  Mrs.  Offutt  about  it?  A.  I  don't  think  I  did ;  I  am  not 
so  positive  about  that. 

Q.  How  soon  after  Booth  and  Harold  left  did  you  learn  positively  of  the 
assassination  of  the  President?    A.  I  got  it  from  them. 

Q.  How  soon  after  did  you  get  it  from  other  parties  ?  A.  About  eight  or  nine 
o'clock  the  next  morning. 

A.  Did  you  have  any  conversation  with  the  soldiers  in  regard  to  it.  A.  No, 
sir. 

Q.  Did  you  tell  them  about  Booth  and  Harold  being  at  your  place  ?  A.  I  did 
not,  and  I'm  only  sorry  that  I  did  not. 

Q.  Did  Mrs.  Surratt  have  any  conversation  with  you  in  reference  to  any  con- 
spiracy ?    A.  Never,  sir. 

Q.  Did  Mrs.  Surratt  hand  anything  to  you  when  she  spoke  about  these  shoot- 
ing-irons?  A.  Yes,  sir,  the  field-glass. 

Q.  Have  you  any  family  ?   A.  I  have  a  wife. 

Q.  Have  you  a  son  ?   A.  No,  sir. 

Q.  Does  any  person  work  for  you  ?    A.  Yes,  sir ;  a  couple  of  colored  men. 
Q.  Were  any  of  them  present  at  the  conversation  between  you  and  Mrs.  Sur- 
ratt ?   A.  No,  sir. 

Q.  Was  the  package  handed  to  you  by  Mrs. Surratt' s  own  hand?  A.  Yes,  by 
herself. 

Q.  Where  were  you  standing  when  she  handed  it  to  you  ?  A.  Near  the  wood 
pile. 

Q.  Mr.  Lloyd,  can  you  recollect  who  it  was,  after  Booth  and  Harold  left  the 
house,  that  first  told  you  it  was  Booth  who  killed  the  President?  A.  I  cannot; 
it  was  spoken  of  in  the  bar-room  the  next  morning  and  throughout  the  day. 

Q.  Were  the  circumstances  told,  and  the  manner  in  which  he  did  it  ?  A.  I 
don't  remember  any  circumstances  being  told. 

Q.  Do  you  know  whether  the  soldiers  who  first  came  to  the  house  knew  it  was 
Booth  ?  A.  I  do  not ;  I  suppose  they  knew  it,  as  they  brought  the  report  from 
the  city. 

Q.  Mr.  Lloyd,  how  long  before  the  assassination  was  it  that  the  three  gentle- 


MART    E.  SURRATT. 


783 


men  you  referred  to  came  to  your  house?  A.  About  six  weeks;  they  had  two 
buggies  ;  Surratt  and  Dave  Harold  were  in  the  buggies;  Atzerodt  came  on  horse- 
back. 

Q.  They  all  came  together?   A.  Yes. 

Q.  Well,  who  went  down  to  this  place  called  T.  B.  ?    A.  Surratt  and  Atzerodt. 

Q.  Did  Harold  go  with  them  then?  A.  No;  Harold  was  there  the  night  be- 
fore ;  he  had  gone  down  the  country,  and  told  me  he  had  come  from  T.  B.,  when 
they  all  three  came  back. 

Q.  How  long  were  they  gone?   A.  Not  over  half  an  hour. 

Q.  Who  handed  the  carbines  to  you?  A.  John  Surratt;  when  they  all  came 
into  the  bar,  Surratt  told  me  he  wanted  to  see  me,  and  took  me  to  the  front  parlor 
and  there  on  the  sofa  were  the  carbines. 

Q.  Do  you  know  which  buggy  they  were  taken  from  ?  A.  I  did  not  see  any- 
thing of  any  arms  at  all  until  they  were  on  the  sofa. 

Q.  What  became  of  the  rope  that  was  not  taken  away?  A.  It  was  put  in  the 
store-room  with  the  monkey  wrench.  I  told  the  colonel  all  about  it  at  the  Old 
Capitol,  and  I  suppose  he  sent  for  it. 

Q.  Can  you  say  whether  it  was  in  Harold's  presence  that  Booth  told  you  he  had 
killed  the  President?  A.  I  am  not  sure,  because  Harold  rode  across  the  yard 
like. 

Q.  You  were  arrested  on  the  Tuesday  following  ?    A.  Yes,  sir. 

Q.  Where  ?    A.  About  fifteen  hundred  yards  from  T.  B.  on  my  way  home. 

Q.  Did  Booth  take  a  rifle  with  him  ?    A.  No,  sir ;  but  Harold  did. 

Q.  Where  were  the  arms,  then  ?    A.  They  were  in  my  bed-chamber. 

Q.  When  did  you  bring  them  there?  A.  After  Mrs.  Surratt  left,  in  conse- 
quence of  her  order. 

Q.  Did  you  give  them  the  carbines  before  they  said  anything  about  shooting 
the  President?    A.  No,  sir;  afterwards. 

Q.  What  time  was  it  ?  A.  A  little  after  twelve ;  I  woke  up  just  before  twelve ; 
I  had  gone  to  bed  about  nine  o'clock 

Q.  When  the  soldiers  searched  did  you  give  them  aid?  A.  I  told  them  I  did 
not  know  anything  about  it;  I  should  have  been  perfectly  free  if  I  had  given 
them  the  information  they  asked  for. 

Q.  Did  you  have  any  conversation  with  Mrs.  Offutt  after  Mrs.  Surratt  went 
away  ?    A.  I  am  not  certain  ;  I  think  I  told  her. 

Q.  Where  were  you  standing?   A.  Near  the  wood-pile. 

Monday,  May  15th. 
The  witness,  John  M.  Lloyd,  being  recalled,  said :  If  the  court  will  allow  me  1 
wish  to  make  a  statement.  When  I  was  examined  before  I  stated  thai  it  was  on 
Monday  when  I  met  Mrs.  Surratt  at  Uniontown.  I  was  confused  by  my  being 
summoned  to  court  on  two  successive  Mondays.  The  first  Monday  I  was  sum- 
moned to  court  I  did  not  go.  I  met  Mrs.  Surratt  at  Uniontown  ;  the  next  day 
after  I  went  to  court  and  consequently  it  must  have  been  on  Tuesday  after  the 
second  Monday  I  was  summoned.  I  also  wish  to  make  another  statement :  I  testi- 
fied in  my  last  examination  that  I  was  not  certain  whether  I  carried  the  bundle 
given  me  by  Mrs.  Surratt  up-stairs  or  not.  I  cannot  now  recollect  distinctly,  but 
I  think  it  likely  I  laid  it  on  the  sofa  in  the  dining-room. 


784 


AMERICAN  BASTILE. 


By  Judge- Advocate  Holt : 

Q.  You  are  sure  it  was  the  same  bundle  you  examined  here?   A.  Yes,  sir ? 
I'm  sure  it  was  the  same  bundle. 
By  Mr.  Aiken : 

Q.  Did  I  understand  you  to  say  you  were  in  liquor  at  the  time  you  had  this 
conversation  with  Mrs.  Surratt?  A.  I  was  somewhat  in  liquor,  as  I  think  I  told 
you  on  Saturday. 

Q.  And  on  that  account  is  it  that  you  are  at  fault  in  your  testimony  and  wish 
to  make  this  explanation  ?  A.  I  was  not  positive  whether  I  carried  the  bundle  up- 
stairs or  not.    The  question  was  unexpected.    If  I  had  expected  it  I  might  have 
recollected  more  distinctly  in  my  former  examination. 
Testimony  of  James  McDevitt,  police  officer. 

By  Colonel  Burnett :  I  went  to  Mrs.  Surratt's  house  with  other  officers,  about 
2  o'clock  the  night  after  the  murder ;  a  lady  put  her  head  out  of  one  of  the  upper 
windows  and  asked  who  was  there ;  we  asked  if  Mrs.  Surratt  lived  there,  and  she 
said  she  did ;  Weichman  then  came  down  and  opened  the  door ;  he  appeared  as 
if  he  had  just  gotten  out  of  bed  ;  he  was  in  his  shirt,  pants  and  stockings ;  .  .  . 
Mrs.  Surratt  stated  to  me  when  I  called  there  that  she  had  received  a  letter  that 
day  from  John,  dated  in  Canada ;  we  were  inquiring  for  the  son ;  she  said  she 
had  not  seen  him  for  two  weeks,  but  had  received  a  letter  from  him  that  day ;  I 
asked  her  where  it  was,  she  said  "somewhere  about  the  house."  I  could  not  find 
the  letter ;  I  didn't  ask  Mrs.  Surratt  to  find  it. 

June  7th.    Testimony  of  John  T.  Hollahan. 

By  Colonel  Burnett :  I  have  resided  in  Washington  all  my  life ;  commenced 
boarding  at  Mrs.  Surratt's  house,  on  H  street,  the  first  week  in  February,  and 
continued  till  the  Saturday  night  after  the  assassination ;  saw  Atzerodt  there  sev- 
eral times  at  meals,  but  did  not  know  him  by  name ;  I  saw  Payne  there  once,  at 
breakfast,  under  the  name  of  Wood ;  Atzerodt  was  with  John  Surratt  and  two  or 
three  friends ;  all  together  at  the  table ;  heard  none  but  general  conversation ; 
did  not  know  of  Mrs.  Surratt's  defective  eyesight;  I  was  always  recognized  by 
her;  I  have  seen  Booth  there  frequently  in  the  parlor  with  Mrs.  Surratt  and  the 
young  ladies ;  I  never  saw  Harold  at  the  house.    .    .  . 

Cross-examination  by  Mr.  Aiken :  I  don't  know  who  Atzerodt  came  there  to 
visit ;  I  don't  know  anything  of  the  displeasure  of  the  family  at  Atzerodt's  being 
there,  except  what  I  have  heard  them  say ;  they  sometimes  made  fun  of  him 
while  he  was  there ;  I  was  not  at  the  house  often  at  night,  and  don't  know 
whether  Mrs.  Surratt  was  able  to  read  and  sew  by  gas-light  or  not.    .    .  . 

Q.  Did  you  go  with  Weichman  to  Canada  and  back  ?  A.  I  did  ;  he  appeared 
to  be  a  good  deal  excited  ;  he  was  much  excited  the  morning  after  the  murder ; 
the  first  persons  who  entered  Mrs.  Surratt's  house  on  the  Saturday  after  the  murder 
were  McDevitt,  Clark  and  others,  of  the  Metropolitan  police;  it  was  about  2 
o'clock  in  the  morning ;  I  think  Weichman  opened  the  door  to  let  the  men  in ;  I 
did  not  see  whether  he  was  dressed  or  not ;  I  took  Weichman  down  myself  to 
Superintendent  Richardson  the  morning  after ;  he  did  not  express  himself  aa 
wishing  to  be  delivered  up. 

Testimony  of  Richard  C.  Morgan. 

Examined  by  Judge  Holt : 


MARY    E.  SURRATT. 


785 


Q.  State  whether  or  not,  on  the  17th  or  18th  of  April  last,  you  were  in  the  ser- 
vice of  the  government,  and  if  so,  in  what  capacity  ?  A.  I  am  in  the  service  of 
the  war  department,  acting  under  the  orders  of  Colonel  Olcutt. 

Q.  State  whether  on  one  or  both  of  these  days  you  had  possession  of  the  house 
of  the  prisoner,  Mrs.  Surratt.    A.  Yes. 

Q.  State  where  that  house  is.    A.  Number  548  H  street,  city  of  Washington. 

Q.  State  whether  or  not  you  took  possession  of  the  house,  and  what  occurred 
there.  A.  About  twenty  minutes  past  11  o'clock  on  the  evening  of  the  17th  of 
April,  in  company  with  other  officers,  I  went  to  the  house  of  Mrs.  Surratt  for  the 
purpose  of  seizing  the  papers  that  might  be  found,  and  of  arresting  the  inmates 
of  the  house ;  after  we  had  been  at  the  house  about  ten  minutes,  and  Major  Smith, 
Captain  Wennerskerch  and  some  other  officers  had  arrested  the  inmates  of  the  house, 
who  were  in  the  parlor  already  to  come  out,  I  had  sent  an  officer  for  a  carriage  to 
take  them  away,  when  I  heard  a  knock  and  a  ring  at  the  door  at  the  same  time ; 
Captain  Wennerskerch  and  myself  went  to  the  door  and  opened  it ;  the  prisoner, 
Payne,  came  in ;  he  had  a  pickaxe  in  his  hand ;  he  had  on  a  gray  coat  and  black 
pants,  a  hat  made  out  of  the  sleeves  of  a  shirt,  I  judged  ;  as  soon  as  he  came  in, 
and  immediately  closed  the  door,  he  said,  "  I  guess  I  am  mistaken  ;  "  said  I,  "  Who 
do  you  want  to  see  ?  "  He  replied,  "  Mrs.  Surratt ;  "  said  I,  "  You  are  right,  walk 
in."  He  took  a  seat.  I  said,  "What  did  you  come  here  for  this  time  of  night?  " 
He  said  he  came  to  dig  a  gutter ;  that  Mrs.  Surratt  had  sent  for  him  ;  I  asked 
when,  and  he  said  in  the  morning  ;  I  asked  him  where  he  last  worked,  and  he 
said  somewhere  on  Ninth  street ;  I  asked  him  where  he  boarded,  he  said  he  had 
no  boarding-house ;  that  he  was  a  poor  man,  and  earned  his  living  with  the  pick- 
axe in  his  hand  ;  I  asked  him  how  much  he  made  a  day  ;  he  said,  nothing  at  all 
sometimes,  sometimes  one  dollar,  and  sometimes  one  dollar  and  fifty  cents.  "  Have 
you  any  money ?"  u  Not  a  cent."  I  asked  him  why  he  came  at  this  time  of 
night?  He  said  he  came  to  see  where  it  was  to  be  dug,  so  that  he  could  com- 
mence early  in  the  morning ;  I  said,  Have  you  had  no  previous  acquaintance  with 
Mrs.  Surratt?  He  said,  No ;  I  said,  WThy  did  she  select  you  for  this  work  ?  He 
replied,  that  she  knew  he  was  working  in  that  neighborhood  ;  that  he  was  a  poor 
man,  and  she  came  to  him ;  I  asked  him  how  old  he  was,  and  he  said  about 
twenty ;  I  asked  him  where  he  was  from ;  he  said  from  Fauquier  county,  Va. 
Previous  to  this  he  had  pulled  out  an  oath  of  allegiance,  handed  it  to  me  and  said, 
That  will  show  you  who  I  am  ;  it  contained  the  name  of  Lewis  Payne,.  Fauquier 
county,  Va.  I  asked  him  if  he  was  from  the  South  ;  he  said  he  was  ;  I  asked  him 
when  he  left  there ;  he  said  two  months  ago,  in  February ;  I  asked  him  why  he 
left;  he  said  he  had  to  leave  or  go  into  the  army;  that  he  preferred  to  earn  his 
living  with  the  pickaxe ;  I  asked  him  if  he  could  read  ;  he  said,  no ;  I  asked  him 
if  he  could  write  ;  he  said  he  could  manage  to  write  his  own  name. 

Q.  Is  that  the  pickaxe  he  had  on  his  shoulder  (producing  the  pick)  0  A.  Yes; 
I  then  told  him  he  would  have  to  go  to  the  provost-marshal  and  explain  ;  he 
moW  a  little  at  that,  and  did  not  answer ;  the  carriage  had  arrived  to  take  up 
the  women ;  they  were  sent  off,  and  Payne  was  also  taken  away  in  charge  of 
officers.  Major  Smith,  Captain  Wennerskerch  and  myself  remained  to  search  for 
papers;  we  did  not  leave  till  3  o'clock  the  next  morning. 

Q.  Did  Mrs.  Surratt  leave  the  house  before  Payne  came  or  afterwards  I  A. 

50 


786 


AMERICAN  BASTILE. 


They  were  preparing  to  leave  and  were  in  the  parlor ;  Mrs.  Surratt  was  directed 
to  get  the  bonnets  and  shawls  of  the  others,  so  that  there  should  be  no  communica- 
tion with  each  other;  she  did  so,  and  they  were  just  ready  to  go  and  had  started 
to  go  when  we  opened  the  door;  I  think  they  passed  out  as  Payne  came  in. 

Q.  Then  she  did  not  see  him  before  she  left?  A.  Yes;  she  mast  have  seen 
him  as  she  passed  out ;  I  heard  no  conversation  in  regard  to  it. 

Q.  State  what  papers  you  found  there.  A.  I  found  several  papers  and  photo- 
graphs. 

At  this  point  there  was  some  testimony  in  regard  to  finding  photographs  of  J. 
Wilkes  Booth  and  others,  but  as  it  is  of  no  consequence  it  is  omitted. 

Q.  Were  you  or  not  afterwards  at  the  provost-marshal's  office?  A.  About  three 
o'clock  in  the  morning  I  got  there;  Mrs.  Surratt  had  been  there  and  had  been 
taken  to  the  Old  Capitol  prison  before  my  arrival. 

Q.  Did  you  hear  Mrs.  Surratt  say  anything  in  regard  to  the  prisoner  at  any 
time?   A.  No. 

Cross-examination  by  Mr.  Aiken  : 

Q.  State  if  Mrs.  Surratt  made  any  remark  in  regard  to  Payne.  A.  As  she 
passed  out  it  now  comes  to  my  recollection  that  she  made  some  remark  to  Major 
Smith,  but  I  did  not  hear  what  it  was. 

Testimony  of  Major  Smith. 

By  Judge  Holt : 

Q.  State  whether  you  were  in  Mrs.  Surratt's  house  on  the  night  of  her  arrest. 
A..  Yes,  I  was  in  charge  of  the  party  who  took  possession  of  the  house. 

Q.  Did  you  see  Mrs.  Surratt  after  the  arrest  of  the  prisoner  Payne?    A.  Yes. 

Q.  Did  you  make  any  inquiry  of  her  in  regard  to  him  ?  A.  After  questioning 
Payne  in  regard  to  his  occupation,  and  as  to  what  business  he  had  at  the  house 
that  night,  he  said  he  was  a  laborer  and  that  he  came  there  to  dig  a  gutter  at  the 
request  of  Mrs.  Surratt ;  I  stepped  to  the  door  of  the  parlor  and  said,  "Mrs.  Sur- 
ratt, will  you  step  here  for  a  moment?"  Mrs.  Surratt  came  there,  and  said  I, 
"Do  you  know  this  man  ?"  She  said,  raising  her  right  hand,  "Before  God  I  do 
not  know  this  man,  and  have  never  seen  Aim."  I  then  placed  Payne  under  arrest, 
considering  him  a  suspicious  character,  and  that  I  should  send  him  to  General 
Augur's  headquarters  for  examination. 

Q.  Was  he  standing  in  full  view  of  her  when  she  made  this  remark  ?    A.  Yes. 

Q.  You  refer  to  Mrs.  Surratt,  the  prisoner  at  the  bar?  (Mrs.  Surratt  raised 
her  veil.)    A.  Yes. 

Cross-examined  by  Mr.  Aiken  : 

Q.  What  was  transpiring  in  the  house  at  the  time  Mrs.  Surratt  made  the  asser- 
tion you  speak  of  in  regard  to  her  knowledge  of  Payne?  A.  The  man  Payne 
had  just  come  in  at  the  front  door  ;  I  was  questioning  him  at  the  time  in  regard 
to  what  his  profession  was,  and  if  he  had  any,  and  what  business  he  had  at  that 
house  at  that  time  of  night. 

Q  How  was  Payne  dressed  that  night?  A.  He  had  on  a  gray  coat,  black 
pants,  and  a  rather  fine  pair  of  boots;  he  had  on  his  head  what  seemed  to  be  a 
gray  worsted  shirt-sleeve,  which  was  hanging  over  one  side. 

Q.  Were  his  pantaloons  tucked  into  his  boots?  A.  They  were  rolled  up  over 
the  top  of  one  leg  only. 


MARY    E.  SURRATT. 


787 


Q.  He  did  not  strike  you  at  the  time  as  being  a  gentleman,  from  his  appear 
ance,  did  he  ?    A.  Not  particularly  so. 

Q.  His  appearance  was  not  in  anywise  genteel,  was  it?    A.  Not  at  all. 

Q.  Are  you  of  the  opinion  that  any  one  would  recognize  a  person  in  that  garb 
as  the  same  person  he  had  seen  before  dressed  as  a  gentleman  ?  A.  I  certainly 
am.  (A  dirty  gray  worsted  knit  shirt-sleeve  was  here  produced,  and  identified 
by  witness  as  the  one  Payne  wore  on  his  head  the  night  of  his  arrest.) 

Q.  What  remark  did  you  make  to  Mrs.  Surratt  as  you  were  leaving  the  house? 
A.  I  made  none. 

Q.  Did  you  say  anything  to  her  about  being  ready?  A.  I  said  nothing  at 
all ;  I  said,  Get  ready. 

Q.  What  was  her  attitude  at  that  time?  A.  She  was  seated  at  a  chair  in  the 
front  parlor. 

Q.  Was  she  not  kneeling?   A.  She  was  not. 

Q.  Who  was  present  at  the  time  of  the  asseveration  she  made  that  she  did  not 
know  Payne?    A.  Captain  Winnerskerch,  subordinate  in  the  department. 

Q.  Was  that  all  the  remark  she  made  to  you  about  Payne  ?  A.  That  was  all 
the  remark  she  made  in  my  hearing. 

Q.  Mrs.  Surratt  did  not  attempt  to  evade  the  question  you  asked  her,  did  she? 
A.  No  ;  her  answer  was  direct. 

Q.  Was  it  light  in  her  hall  at  the  time?  A.  Yes,  very  light ;  the  gas  was 
turned  on  full  head. 

Q.  Did  Mrs.  Surratt  express  any  surprise  or  deep  feeling  at  her  arrest  ?  A.  No, 
sir  ;  she  did  not  ask  even  for  what  she  was  arrested  ;  she  expressed  no  surprise  or 
feeling  at  all. 

Q.  How  many  persons  were  arrested  together?  A.  Mrs.  Surratt,  Miss  Sur- 
ratt, Miss  Fitzpatrick  and  Miss  Jenkins. 

Q.  Was  there  no  inquiry  made  of  you  as  to  the  cause  of  the  arrest?  A.  None 
whatever;  when  I  came  there  I  went  up  the  steps  and  rang  the  bell;  Mrs.  Sur- 
ratt opened  the  window  and  said,  "  Is  that  you,  Kirby  ?  "  The  reply  was  that  it 
was  not  Kirby,  but  open  the  door;  she  opened  the  door;  I  came  into  the  hall 
and  said,  "Are  you  Mrs.  Surratt?"  She  replied,  "I  am."  "The  widow  of 
John  H.  Surratt,"  I  added,  *  and  the  mother  of  John  H.  Surratt,  Jr.  ?  "  She  re- 
plied, "  I  am."  I  said,  "  I  have  come  to  arrest  you,  and  am  in  your  house  to 
take  you  to  General  Augur's  for  examination."  (A  large,  gray,  dirty  sack-coat 
was  produced,  and  identified  by  witness  as  worn  by  Payne  the  night  of  his 
arrest.) 

Q.  How  do  you  know  that  coat  to  be  the  one  Payne  had  on  ?  A.  By  the  way 
any  one  would  recognize  such  an  article — from  memory. 

Q.  What  marks  about  it  do  you  recognize  ?  A.  The  color  and  general  look  of 
the  coat. 

Q.  Are  you  sure  the  coat  he  had  on  was  not  what  is  called  Confederate  gray  ? 
A.  /  am  very  sure,  as  I  said  before,  this  is  the  coat. 

Q.  Then  are  you  certain  it  was  not  a  Confederate  gray  coat  Payne  had  on 
when  you  arrested  him ?    A.  I  have  said  lam  certain  this  in  the  coaL 

Q.  Will  you  answer  my  question  ?  A.  I  have  already  testified  on  that  point, 
and  I  do  not  know  whether  I  am  called  upon  to  testify  three  or  four  time*. 


788 


AMERICAN  BASTILE. 


Another  coat,  smaller,  cleaner  and  a  brighter  gray,  was  produced. 
Witness — That  is  the  coat,  sir;  I  recognize  it  by  the  buttons;  that  was  all  that 
was  wanting  in  the  other  coat ;  it  was  hard  in  the  light  in  which  i  was 

8TANDING  TO  TELL. 

Q.  If  you  should  see  a  gentleman  dressed  in  black  with  a  white  neck-cloth 
presenting  himself  as  a  Baptist  preacher,  and  two  months  after  you  were  to  see 
this  same  man  dressed  as  you  have  described  Payne  tc  be,  with  a  dirty  shirt- 
sleeve on  his  head,  a  pick-axe  in  his  hand,  and  his  pantaloons  stuffed  into  his 
boots,  presenting  himself  as  a  laborer,  do  you  think  you  would  immediately 
recognize  him  as  the  same  person  ?  A.  If  I  was  very  familiar  with  his  counte- 
nance I  should. 

Q.  You  could  recollect  that,  but  you  could  not  recollect  a  coat  you  had  only 
geen  a  short  time  before,  nor  distinguish  it  from  another  so  different  in  appear- 
ance as  these  are  ?  A.  It  is  very  hard  to  remember,  as  any  one  may  well  know, 
the  color  of  a  coat  seen  in  the  night  time. 

Testimony  of  Captain  W.  M.  Wennerskerch. 

Examination  by  Judge  Holt : 

Q.  State  whether  or  not,  on  the  16th  of  April,  you  were  at  the  house  of  the 
prisoner,  Mrs.  Surratt,  in  this  city  ?  A.  No,  sir ;  I  was  there  on  the  night  of 
the  17th. 

Q.  Were  you  present  when  she  and  Payne  met?   A.  I  was  present. 
Q.  Did  you  or  did  you  not  hear  Major  Smith  address  any  remark  to  her,  or 
make  any  inquiry  of  her  in  regard  to  Payne  ?    A.  He  asked  her  if  she  knew 
$  Payne. 

Q.  Was  she  in  the  presence  of  Payne  ?    A.  She  saw  him. 

Q.  What  did  she  say?  A.  She  held  up  her  hands,  in  this  position,  and  said, 
"So  help  me  God,  I  never  saw  him  before,  and  I  know  nothing  of  him." 

Q.  Do  you  recognize  Payne,  then,  as  the  man  ?   A.  That  is  the  man  yonder. 

Q.  And  is  that  woman  there  Mrs.  Surratt  ?    A.  I  cannot  see  her  face. 

Assistant  Judge- Advocate  Bingham  then  requested  that  Mrs.  Surratt  be  asked 
to  unveil  her  face,  when  he  replied,  "Yes,  sir,  that's  Mrs.  Surratt." 

Cross-examination  by  Mr.  Aiken  : 

Q.  Whereabouts  were  you  when  Mrs.  Surratt  made  that  observation?  A.  She 
was  standing  in  the  parlor  near  the  hall  door. 

Q.  What  remark  did  you  make  to  her  when  you  were  ready  to  take  her  from 
the  house?  A.  The  remark  was  made  by  Major  Smith  ;  he  had  sent  for  a  cab, 
and  when  he  said  he  was  ready  to  take  her  away,  she  requested  him  to  wait 
«  while,  and  she  knelt  and  prayed  a  little  ;  she  knelt  doum,  but  whether  she  prayed 
or  not  I  can't  say. 

Q.  How  was  Payne  dressed  when  he  came  in  ?  A.  He  was  dressed  in  a  dark 
coat,  and  pants  that  seemed  to  be  black ;  he  had  a  close-fitting  head-dress,  ap- 
parently a  shirt-sleeve,  or  the  lower  part  of  a  pair  of  drawers,  closely  fitting 
around  his  head,  and  hanging  down  on  the  side  six  or  seven  inches. 

Q.  Is  that  the  article?  A.  It  looks  very  much  like  it;  he  was  full  of  mud  to 
his  knees. 

Q.  Do  you  think  you  could  recognize  the  coat  he  had  on  if  you  si  ould  see  it 
bow?    A.  Yea. 


MART    E.  StJRRATT. 


789 


Q.  Do  you  recognize  it  now?  Is  that  the  coat?  A.  I  think  it  was  longer  and 
darker. 

Payne's  hat  was  then  placed  upon  his  head  and  his  overcoat  removed,  and  then 
the  witness  said,  "That's  the  coat,  and  that's  the  way  he  had  the  head-dress  on." 

Q.  Are  you  sure  you  recognize  the  man  ?    A.  Yes,  sir ;  that  is  the  man. 

Q.  Do  you  think  if  you  should  see  a  person  dressed  in  genteel,  dark  clothe*, 
with  a  white  cravat  about  his  neck,  looking  like  a  Baptist  minister,  and  then  so* 
him  three  weeks  after  that  covered  with  a  shirt  sleeve  on  his  head  and  his  pant* 
thrust  into  his  boots,  you  could  recognize  him  as  the  same  ?  A.  I  declare  I  don't 
know  how  a  Baptist  minister  does  look. 

Q.  You  think  you  would  recognize  a  person  in  such  a  change  of  garb  in  a  dim 
gas-light?  A.  If  I  were  asked  to  look  at  him  and  identify  him  I  think  I  would  ; 
the  prisoner  had  taken  no  particular  pains  to  disguise  himself ;  his  face  looked 
as  it  is  now,  and  I  would  recognize  him  if  he  put  another  coat  on  and  covered 
himself  with  mud. 

Q.  Was  there  another  remark  made  to  you  by  Mrs.  Surratt,  with  reference  to 
Payne  ?    A.  N6,  sir ;  even  the  one  mentioned  was  not  made  to  me. 
By  Judge  Holt : 

Q.  When  Mrs.  Surratt  looked  at  Payne  was  there  light  enough  for  her  to  see 
him  ?  A.  Where  he  stood,  that  place  was  not  only  lighted  by  the  hall  light,  but 
also  by  the  light  from  the  parlors. 

Testimony  of  Lieutenant-General  Ulysses  S.  Grant 

By  the  Judge- Advocate : 
********* 

Q.  The  military  department  of  Washington,  as  it  is  spoken  of  in  military 
parlance,  embraces  the  city  of  Washington,  does  it  not,  and  did  it  not  during  the 
past  year?   A.  Yes,  sir. 

Q.  And  all  the  defences  of  the  city  ?  A.  Yes,  sir ;  and  on  the  other  side  of  the 
river  and  Alexandria. 

Q.  It  embraces  all  the  fortifications  on  both  sides  ?   A.  Yes,  sir. 

Q.  I  have  in  my  hand  a  copy  of  your  commission  as  lieutenant-general  of  the 
armies  of  the  United  States,  bearing  date  the  4th  day  of  March,  1864  ;  will  you 
state  whether  or  not  since  that  time  you  have  continued  to  be  in  command,  under 
that  commission,  of  the  armies  of  the  United  States  ?    A.  I  have. 

Cross-examined  by  Mr.  Aiken : 

Q.  Are  you  aware  that  the  civil  courts  are  in  operation  in  this  city,  all  of  them? 
A.  Yes,  sir. 

Q.  How  far  towards  Baltimore  does  the  department  of  Washington  extend  ? 
A.  I  could  not  say  exactly  to  what  point ;  any  troops  that  belong  to  General 
Augur's  command,  however,  that  he  sends  out  to  any  point  would  necessarily  re- 
main under  his  command  ;  he  commands  the  department  of  Washington. 

Q.  Is  any  portion  of  Maryland  in  the  department  of  Washington  ?  A.  Oh,  yes, 
sir;  martial  law,  I  believe,  extends  to  all  the  territory  south  of  the  railroad  that 
runs  across  from  Annapolis,  running  south  to  the  Potomac  and  the  Chesapeake. 

Cross-examined  by  Mr.  Ewing  : 

Q.  By  virtue  of  what  order  does  martial  law  extend  south  of  Annapolis?  A. 
I  never  saw  the  order ;  it  is  just  simply  an  understanding. 


790 


AMERICAN  BASTILE. 


Q.  It  is  just  an  understanding  ?  A.  Yes,  sir ;  just  an  understanding  that  it 
does  exist. 

Q.  You  have  never  seen  any  order  ?   A.  No,  sir. 

Q.  And  do  not  know  that  such  an  order  exists?  A.  No,  sir;  I  have  never 
seen  the  order. 

M;ty  17th.    Testimony  of  Mrs.  Emma  Offutt. 

Examined  by  Judge  Holt: 

Q.  State  whether  or  not  you  are  the  sister-in-law  of  John  M.  Lloyd.  A.  Yes, 
sir. 

Q.  State  whether  or  not,  on  the  Tuesday,  the  11th  of  April,  you  were  at  his 
house.    A.  Yes,  sir. 

Q.  You  saw  Mr.  Lloyd  on  that  day  ?  A.  Yes,  sir ;  I  was  in  the  carriage  with 
Mr.  Lloyd. 

'  Q.  On  that  occasion  did  you  happen  to  meet  Mrs.  Surratt  ?    A.  Yes,  sir. 

Q.  State  to  the  court  where  the  meeting  took  place.  A.  Somewhere  near 
TJniontown. 

Q.  State  whether  or  not  a  conversation  took  place  between  Mr.  Lloyd  and  Mrs. 
Surratt  on  that  day.    A.  Yes,  they  talked  together. 

Q.  Did  you  hear  any  of  the  conversation  ?    A.  Yes,  sir ;  some  of  it. 
"  Q.  Under  what  circumstances  did  the  conversation  take  place?    A.  Our  car- 
riages passed  each  other  before  we  recognized  who  it  was,  and  Mr.  Lloyd  went 
out  to  her  carriage,  and  they  had  a  conversation  which  took  place  at  her  carriage, 
and  not  at  ours. 

Q.  Were  you  at  Mr.  Lloyd's  again  on  Friday,  the  14th  of  April  ?    A.  Yes,  sir. 

Q.  State  whether  you  saw  the  prisoner,  Mrs.  Surratt,  there.    A.  Yes,  sir. 

Q.  Did  you  observe  any  conversation  between  her  and  Mr.  Lloyd  on  that  day  ? 
A.  Yes  ;  I  saw  them  talking  together,  but  I  did  not  hear  them  at  all ;  I  had  occa- 
sion to  go  to  the  back  part  of  the  house. 

Q.  Did  the  conversation  take  place  in  the  back  part  of  the  house  or  in  the 
yard?    A..  In  the  yard,  sir. 

Q.  Had  Mr.  Lloyd  been  to  town  that  day  ?  A.  No,  sir ;  he  had  been  to  Marl- 
borough attending  court. 

Q.  What  did  he  bring  with  him  when  he  came  back  ?  A.  Some  oysters  and 
fish,  and  that  is  how  he  came  to  drive  into  the  back  part  of  the  yard. 

Q.  Was  any  one  else  in  the  yard  at  the  time  of  this  conversation  ?  A.  No, 
sir. 

Cross-examination  by  Mr.  Aiken : 

Q.  How  far  apart  were  the  two  carriages  when  you  passed  each  other?  A.  Two 
or  three  yards ;  I  think  they  talked  but  a  very  few  minutes  together. 

Q.  Did  Mr.  Lloyd  state  what  the  conversation  was  ?    A.  No,  sir. 

Q.  Nor  what  the  conversation  on  the  14th  was  about  ?    A.  No  ;  he  did  not 

Q.  Have  you  been  acquainted  with  Mrs.  Surratt  for  some  time?  A.  Ever 
since  laRt  summer,  I  believe. 

Q.  What  time  did  she  arrive  at  Mr.  Lloyd's  on  the  14th  ?  A.  At  about  four 
o'clock,  I  think. 

Q.  Did  you  hear  any  conversation  with  her  previous  to  Mr.  Lloyd's  coming 
home?    A.  Yes,  sir;  in  the  parlor. 


MARY    E .  SURRATT. 


791 


Q.  Did  you  learn  what  the  conversation  was  on  that  day? 
Question  objected  to  and  waived. 

Q.  Did  Lloyd  make  any  statement  in  reference  to  his  business  with  Mrs.  8ur- 
ratt?   A.  No,  sir. 

Q.  Did  Mrs.  Surratt  have  any  business  with  you  on  that  day?    A.  No,  sir. 
Q.  Did  Mrs.  Surratt  place  in  your  hands  any  package  ?    A.  No,  sir. 
Q.  During  your  visit  to  Mr.  Lloyd's  did  you  hear  anything  about  shooting- 
irons  ? 

Assistant  Judge-Advocate  Bingham  objected,  and  the  objection  was  sustained 
by  the  court. 
June  13th.    Re-examination  of  Mrs.  Offutt. 

By  Mr.  Aiken :  Saw  Mr.  Lloyd  on  the  evening  of  April  14th  ;  he  was  very 
much  under  the  influence  of  liquor,  more  so  than  I  had  seen  him  for  some  time 
past;  for  some  four  or  five  months  he  had  drank  freely;  I  did  not  hear  the  full 
confession  of  Lloyd  to  Captain  Cottingham,  but  heard  some  remarks ;  I  did  not 
hear  him  say,  "  That  vile  woman,  she  has  ruined  me." 

The  witness  having  desired  to  correct  a  portion  of  her  former  testimony  said, 
"When  previously  I  was  on  the  stand,  I  was  asked  if  Mrs.  Surratt  handed  me  a 
package,  and  I  said  no ;  but  she  did  hand  me  a  package,  and  said  she  was  requeued 
to  leave  it  there;  that  was  between  five  and  six  o'clock." 

The  re-examination  of  the  witness  was  then  resumed  as  follows :  Witness  had  no 
knowledge  of  the  contents  of  that  package ;  saw  something  in  Mr.  Lloyd's  hands 
after  he  came  in  the  house,  when  Mrs.  Surratt  left ;  but  could  not  say  that  it  was 
the  package ;  saw  him  have  the  package  after  he  came  in,  but  not  while  he  was  coming 
in;  never  heard  Mrs.  Surratt  utter  any  disloyal  expressions;  remember  instances 
of  defective  eyesight  on  the  part  of  Mrs.  Surratt;  on  one  occasion  she  told  me  thai 
her  eyesight  was  failing  very  fast. 

By  Assistant  Judge- Advocate  Bingham:  Witness  stated  before  that  Mrs.  Sur- 
ratt and  John  M.  Lloyd  had  a  conversation  outside  the  house  on  the  afternoon 
of  Mrs.  Surratt's  visit;  did  not  see  the  package  after  it  was  brought  into  the 
house ;  do  not  know  whether  Mrs.  Surratt  did  or  did  not  hand  a  package  to  Mr. 
Lloyd. 


DEFENSE. 

TESTIMONY  FOR  THE  DEFENSE. 

May  31st.    Testimony  of  James  R.  Ford. 
By  Mr.  Ewing : 

Q.  What  business  were  you  engaged  in  about  the  time  of  the  assassination  of 
the  President?    A.  I  was  business  manager  of  Ford's  theatre. 

Q.  State  when  you  were  apprised  that  the  President  intended  to  visit  the  theatre 
that  night.  A.  At  about  half-past  ten  o'clock  that  day  the  young  man  from  the 
President's  house,  who  usually  came  on  such  errands,  came  on  that  occasion  ;  I  do 


792 


AMERICAN  BASTILE. 


not  know  his  name ;  he  seemed  to  be  a  runner ;  he  had  been  to  the  theatre  half 

a  dozen  times  for  boxes  previously. 

Q.  Had  the  President  been  previously  invited  for  that  night?    A.  No,  sir. 

Q.  State  whether  on  that  day,  and  if  so,  how  soon  after  you  received  that  in- 
formation, it  was  communicated  to  J.  Wilkes  Booth.  A.  I  saw  him  about  half- 
past  twelve  o'clock,  some  two  hours  after  I  had  received  the  information,  on  the 
corner  of  Tenth  and  E  streets.  He  was  going  up  towards  Eleventh  street.  I  do 
not  know  whether  he  had  been  at  the  theatre. 

Q.  Had  you  any  knowledge  of  the  President's  intention  of  visiting  the  theatre 
that  night  previous  to  receiving  this  message?    A.  No,  sir. 

By  Mr.  Cox : 

Q.  Did  you  send  notice  of  the  President's  intended  visit  to  the  Star  that  after- 
noon ?  A.  I  did  of  his  intention  and  of  that  of  General  Grant ;  I  sent  it  about  12 
o'clock. 

Q.  In  whose  handwriting  was  it?    A.  In  mine;  I  wrote  it. 

Q.  About  what  time  did  the  first  edition  containing  that  notice  appear?  A. 
About  two  o'clock,  I  think. 

Q.  Had  you  sent  it  before  you  met  Booth  coming  up  the  street  with  that  letter? 
A.  Yes. 

Q.  Did  you  have  any  conversation  with  Booth  that  day  ?  A.  No ;  I  merely 
spoke  to  him. 

.   Cross-examined  by  Colonel  Burnett: 

Q.  Had  you  seen  Booth  prior  to  writing  that  notice  ?   A.  No,  sir. 
,  Q.  How  did  you  send  it  away  ?   A.  I  sent  one  to  the  Star  and  carried  the  other 
to  the  office  of  the  Republican  myself. 

May  31st.    Testimony  of  Henry  Clay  Ford. 
By  Mr.  Ewing : 

Q.  What  business  were  you  engaged  in  immediately  preceding  the  14th  of  April 
last  ?    A.  I  was  treasurer  of  Ford's  theatre. 

Q.  When  was  it  first  known  there  that  the  President  was  coming  to  the  theatre 
that  night  ?  A.  It  was  known  to  me  about  half- past  eleven  o'clock  ;  I  had  been 
to  breakfast  and  come  back,  and  then  learned  that  the  President  had  engaged  a 
box. 

Q.  State  whether  J.  Wilkes  Booth  was  at  the  theatre  after  that  on  that  day,  and 
if  so,  at  what  time  ?  A.  He  was  there  at  twelve  o'clock ;  about  half  an  hour  after 
I  returned. 

Q.  State  whether  or  not  the  fact  that  the  President  was  coming  to  the  theatre 
that  night  was  communicated  to  Booth.  A.  I  do  not  know;  I  did  not  tell 
him. 

Q.  Did  you  see  anything  of  Booth  afterwards  that  day  ?    A.  Not  until  evening. 

Q.  Did  you  see  him  when  you  were  going  to  the  theatre  that  day  ?  A.  No ;  I 
saw  him  coming  down  the  street,  I  think,  as  I  stood  in  the  door  of  the  theatre;  he 
commenced  talking  to  some  parties  there ;  one  of  them  went  to  the  office  and 
brought  out  a  letter,  which  he  sat  down  and  read  on  the  steps  of  the  office;  this 
was  about  twelve  o'clock,  and  he  stayed,  I  should  think,  about  half  an  hour. 

By  Mr.  Aiken : 

Q.  When  you  first  saw  Booth  in  the  theatre  that  day  how  long  did  he  remain  ? 


MARY    E.  SURRATT. 


793 


A.  I  suppose  half  an  hour ;  I  went  into  the  office  and  when  I  came  out  he  waa 
gone. 

Q.  Was  the  letter  Booth  had  a  long  or  a  short  one  ?  A.  It  was  very  long ;  it 
was  either  four  or  eight  pages,  I  am  not  certain  which. 

Q.  Had  it  been  published  at  the  time  Booth  left  the  theatre  that  the  President 
would  be  there  that  night?  A.  When  I  came  into  the  theatre  that  morning  my 
brother  told  me  that  he  would  write  a  little  notice  and  put  it  into  the  evening 
papers  that  the  President  would  be  there. 

Q.  Then  could  any  one  have  had  a  knowledge  of  the  fact,  unless  they  came  to 
the  theatre  ?    A.  Not  unless  my  brother  told  them. 

Q.  In  what  direction  did  Booth  go  after  he  left  the  theatre  ?    A.  I  do  not  know. 

Q.  Did  he  seem  to  be  in  a  hurry  to  complete  the  conversation  and  get  away 
from  the  theatre  ?    A.  No,  sir. 

Q.  When  he  learned  the  fact  that  the  President  would  be  there  that  evening, 
did  you  notice  any  particular  change  in  his  manner  or  conversation  ?  A.  No, 
sir ;  he  sat  down  on  the  steps,  opened  his  letter,  and  occasionally  would  look  up 
and  laugh. 

Q.  Do  you  recollect  the  name  of  the  messenger  from  the  White  House?  A. 
No,  sir,  I  do  not. 

Q.  Did  this  conversation  with  Booth  take  place  in  the  theatre ?  A.  No;  but 
on  the  sidewalk  in  front  of  the  gallery  steps. 

Q.  Where  was  he  when  he  read  the  letter  ?  A.  He  sat  in  the  main  entrance 
door  of  the  theatre. 

By  the  Court : 

Q.  Do  you  not  know  that  the  intended  visit  of  the  President  was  published  in 
the  morning  papers  ?    A.  It  was  not. 

Q.  Did  you  state  in  a  drinking  saloon,  near  Ford's  theatre,  that  the  President 
was  to  be  there  ?   A.  No,  sir. 

Q.  Was  it  announced  chat  General  Grant  was  to  attend  the  theatre  in  company 
with  the  President  ?   A.  It  was. 

Testimony  of  George  H.  Calvert. 
By  Mr.  Aiken : 

Q.  State  whether  on  or  about  the  13th  of  April  last  you  addressed  a  letter  to 
Mrs.  Surratt,  and  if  so  whether  this  is  the  letter?    A.  I  did  ;  this  is  the  letter. 

The  counsel  for  the  accused  then  produced  the  following  letter,  which  was 
read ; 

Riversdale,  April  12tk,  1865. 

Mrs.  M.  E.  Surratt. 

Dear  Madam  :  During  a  late  visit  to  the  lower  portion  of  the  county  I  aseer- 
tained  of  the  willingness  of  Mr.  Nothy  to  settle  with  you,  and  I  desire  to  call  your 
attention  to  the  fact,  in  urging  the  settlement  of  the  claim  of  my  late  father's 
estate.  However  unpleasant,  I  must  insist  upon  closing  up  this  matter  as  it  is 
imperative  in  an  early  settlement  of  the  estate,  which  is  necessary.  You  will, 
therefore,  please  inform  me,  at  your  earliest  convenience,  as  to  how  and  when  you 
will  be  able  to  pay  the  balance  remaining  due  on  the  land  purchased  by  your 
late  husband. 

Yours,  respectfully, 
(Signed)  George  H.  Calvert,  Jr. 

Q.  Were  you  at  Surrattsville  on  the  14th  of  April  ?   A.  I  was  not 


794 


AMERICAN  BASTILE. 


Testimony  of  B.  F.  Gwynn. 

By  Mr.  Aiken : 

Q.  Where  do  you  reside  ?  A.  In  Prince  George's  county,  Maryland,  near  Sur- 
rattsville. 

Q.  Are  you  acquainted  with  the  prisoner,  Mrs.  Surratt?  A.  Yes;  I  have  been 
acquainted  with  her  seven  or  eight  years. 

Q.  Were  you  present  at  her  house  in  Surrattsville  in  April  last?  A.  I  was,  the 
day  of  the  murder  of  the  President ;  I  came  from  Marlboro,  and  met  her  there ; 
while  I  was  passing  in  the  carriage  Mrs.  Surratt  said  she  wanted  to  see  me,  and  I 
6topped  to  see  her. 

Q.  Have  you  been  in  the  habit  of  transacting  business  for  her  ?  A.  Yes,  I  have 
transacted  some  business  for  her ;  I  sold  some  land  for  her. 

Q.  Did  you  transact  any  business  for  her  that  day?  A.  No;  she  gave  a  letter 
to  me  to  give  to  Mr.  Nothy. 

Q.  Did  you  carry  the  letter  for  Mrs.  Surratt  to  Mr.  Nothy  on  the  14th  of  April 
last,  and  if  so,  is  this  the  letter  you  carried?  A.  It  is;  I  read  the  letter  at  the 
time,  by  her  direction. 

The  counsel  then  placed  in  evidence  the  following  letter : 

Surrattsville,  Md.,  April  14th,  1865. 

Mr.  John  Nothy  : 

Sir:  I  have  this  day  received  a  letter  from  Mr.  Calvert,  intimating  that  either 
you  or  your  friends  have  represented  to  him  that  I  am  not  willing  to  settle  with 
you  for  the  land.  You  know  that  I  am  ready,  and  have  been  waiting  for  you  for 
the  last  two  years;  and  now,  if  you  do  not  come  within  the  next  ten  days,  I  will 
settle  with  Mr.  Calvert  and  bring  suit  against  you  immediately.  Mr.  Calvert 
will  give  you  a  deed  on  receiving  payment. 

(Signed)  M.  E.  Surratt, 

Administratrix  of  J.  M.  Surratt. 

Q.  Were  you  present  at  the  house  when  Mr.  Lloyd  returned  ?   A.  No,  sir. 
Q.  Are  you  acquainted  with  John  M.  Lloyd  ?    A.  I  am. 
Q.  Did  you  meet  him  that  day  ?    A.  I  did,  at  Marlboro. 

Q.  What  time  in  the  afternoon  of  the  14th  did  you  see  him?  A.  At  about 
four  or  four  and  a  half ;  I  parted  with  him  at  the  road ;  I  did  not  see  him  after- 
wards. 

Q.  What  was  his  condition  at  the  time  ?  A.  He  had  been  drinking  right 
smartly. 

Q.  Did  he  seem  to  be  considerably  intoxicated?  A.  I  could  hardly  tell  that; 
he  acted  like  a  man  who  had  been  drinking  some. 

Q.  Had  you  a  personal  knowledge  of  Mr.  Nothy  buying  land  of  Mrs.  Surratt? 
A.  I  had  of  his  buying  land  of  her  husband. 

Q.  Did  you  know  personally  that  she  was  there  that  day  on  that  business?  A. 
Not  except  by  the  letter. 

Q.  Was  Mr.  Lloyd  present  at  the  time  Mrs.  Surratt  handed  you  that  letter  ? 
A.  No,  sir. 

Q.  Did  you  see  him  again  that  afternoon?    A.  I  did  not. 
Cross-examined  by  Judge  Holt : 


MART    E.  StJRRATT. 


795 


Q.  Did  you  have  any  conversation  with  Mr.  Lloyd  that  afternoon  ?    A.  Yea, 
I  think  I  did  see  him  three  or  four  times  that  day  at  Marlboro. 
Q.  I  mean  at  home.     A.  I  did  not  see  him  after  he  got  home. 
By  the  Court : 

Q.  How  far  is  it  where  you  parted  with  him  on  the  road  to  Surrattaville?  A. 
About  five  miles. 

Testimony  of  James  H.  Nothy. 

By  Mr.  Aiken : 

Q.  Where  do  you  reside?  A.  About  fifteen  miles  down  in  Prince  George 
county. 

Q.  State  whether  or  not  you  purchased  some  land  from  Mrs.  Surratt.  A.  I 
did  ;  seventy-five  acres  some  years  ago. 

Q.  Did  Mr.  Gwynn  bring  you  a  letter  on  the  14th  of  April  last?  A.  He  did. 
Q.  Who  was  that  letter  from  ?    A.  From  Mrs.  Surratt. 

Q.  Have  you  been  in  the  habit  of  meeting  Mrs.  Surratt  at  Surrattsville  ?  A. 
Only  that  one  time  she  sent  for  me  to  come  there ;  I  owed  her  a  part  of  the  pur- 
chase-money and  she  wanted  it  settled ;  this  letter  was  sent  out  on  Friday  ;  I  did 
not  see  her  that  day  at  all. 

Testimony  of  Captain  George  Cottinghara. 

By  Mr.  Aiken : 

Q.  What  is  your  business  ?  A.  Special  officer  in  Major  O'Beirne's  Board  of 
Enrollment. 

Q.  Were  you  engaged  in  making  any  arrests  of  parties  after  the  assassination  ? 
A.  I  was. 

Q.  Did  you  arrest  John  M.  Lloyd ?  A.  No,  sir;  my  partner,  who  was  with 
me,  arrested  him. 

Q.  Did  you  see  him  after  he  was  arrested?  A.  I  did ;  he  was  put  into  my 
care  at  the  post-office  at  Surrattsville. 

Q.  WThat  information  did  Lloyd  give  you  at  that  time?  A.  He  denied  know- 
ing anything  about  it,  and  for  two  days  continued  to  deny  it.  I  finally  told  him 
that  I  was  satisfied  that  he  knew  about  it;  that  he  had  it  on  his  mint),  and  the 
sooner  he  got  rid  of  it  the  better.  He  said,  "Oh,  my  God,  if  I  -  Id  make  a 
confession  they  would  murder  me."  Said  I,  "  Who  would  mardei  you  ?  "  He 
said,  "These  parties  in  the  conspiracy."  I  told  him  that,  if  he  was  going  to  free 
himself  by  letting  these  parties  get  out  of  it,  that  was  his  business,  not  mine;  I 
then  put  him  in  a  guard-house;  he  seemed  to  be  much  excited ;  the  lieutenant 
went  to  Washington  for  reinforcements;  Mr.  Lloyd  then  stated  to  me  that  Mrs. 
Surratt  had  come  down  to  his  place  on  Friday,  between  four  and  five  o'clock ; 
that  she  told  him  to  have  the  fire-arms  ready  ;  that  two  men  would  call  for  them 
at  twelve  o'clock ;  that  two  men  did  call ;  that  Harold  dismounted  from  his  horse 
and  went  into  Mrs.  Surratt's,  or  rather  Lloyd's  tavern,  and  said,  "  I  have  some- 
thing to  tell  you;"  that  Harold  then  told  him  to  get  those  fire-arms;  that  ihe 
fire-arms  were  brought  down  and  Harold  took  one  ;  that  Booth's  carbine  was  car- 
ried to  him,  whether  by  Harold  or  Lloyd  I  do  not  remember;  but  Booth  said  he 
could  not  carry  a  carbine — it  was  as  much  as  he  could  do  to  carry  himself;  that 


796  AMERICAN  BASTILE. 

his  leg  was  broken ;  that  Booth  said,  "  We  have  murdered  the  President ;  "  and 
that  Harold  said,  "  We  have  picked  off  Seward."  I  asked  Lloyd  why  he  did  not 
state  these  facts  in  the  first  place,  and  not  allow  these  parties  to  escape ;  that  he 
could  at  least  have  spoken  about  the  fire-arms  being  in  the  house. 

Q.  What  information  did  he  give  you  about  fire-arms  ?  A.  I  was  in  the  house 
when  he  came  in  from  Bryantown  and  commenced  crying  out  and  hammering, 
"Oh,  Mrs.  Surratt,  that  vile  woman,  she  has  ruined  me;"  I  said  to  him,  "You 
6tated  there  were  two  carbines,  and  that  Booth  could  not  carry  his  ;  where  is  that 
carbine  ?  "  He  told  me  it  was  up-stairs,  that  Mrs.  Surratt  had  some  bags  over  it ; 
I  went  up,  but  could  not  find  it ;  I  told  him  I  would  cut  up  the  house  before  I 
would  go  away  without  it ;  with  that  he  told  the  hired  man  to  get  an  axe ;  I  did 
not  go  into  the  room  where  he  went  until  I  heard  three  knocks  on  the  wall,  and  I 
then  went  in,  and  after  about  the  seventh  blow  I  saw  the  carbine ;  it  had  been 
suspended  by  a  string  above  the  plastering ;  the  string  seemed  to  have  broken* 
and  it  had  fallen  down. 

Q.  You  did  not  find  the  carbine  where  he  told  you  it  was  ?  A.  No ;  I  hunted 
for  it,  but  could  not  find  it. 

Q.  During  these  two  days,  when  Mr.  Lloyd  was  denying  all  knowledge  of  these 
parties,  did  he  mention  the  name  of  Mrs.  Surratt?  A.  Not  while  he  was  deny- 
ing it ;  after  he  confessed  he  mentioned  her  name. 

Q.  Who  was  present  besides  yourself  at  the  time  Mr.  Lloyd  made  this  state- 
ment to  you  ?  A.  Nobody  that  I  know  except  that  Mr.  Jenkins,  a  brother  of 
Mrs.  Surratt,  was  up  in  the  room  when  I  said  I  knew  that  Mr.  Lloyd  was  guilty 
and  that  my  mind  was  made  up ;  I  knew  that  he  was  in  the  conspiracy  ;  there 
had  been  blockade-runners  arrested  at  his  house ;  his  house  was  a  headquarters 
for  rebels  and  blockade-runners  during  Lloyd's  occupation  of  it. 

Q.  Did  he  ever  make  any  further  statement?    A.  Yes,  sir. 

Q.  What  was  that  statement? 

Question  objected  to  by  Mr.  Bingham,  and  objection  sustained  by  the  Court 
Q.  Do  you  recollect  positively  that  Mr.  Lloyd  used  the  words  "  fire-arms  ?  w 
A.  I  do. 

Q.  Did  he  tell  you  Mrs.  Surratt  brought  them  there  ?  A.  No ;  I  think  he  said 
Johnny  Surratt  brought  them  there. 

Q.  When  did  Mr.  Lloyd  state  that  Mrs.  Surratt  made  that  remark  about  the 
fire-arms?    A.  It  was  on  Friday,  between  four  and  five  o'clock. 

Q.  Did  he  have  the  appearance,  at  that  time,  of  being  very  much  frightened  ? 
A.  Oh,  no,  he  was  not  afraid  ;  everything  he  said  was  voluntary ;  I  advised  him> 
when  I  sent  him  down  to  Colonel  Welles,  to  make  a  clean  breast  of  it. 

Q.  What  day  of  the  week  did  he  make  this  confession  to  you?  A.  I  think  it 
was  on  Tuesday  or  Wednesday  ;  I  will  not  be  positive ;  my  business  was  to  pre- 
pare the  way  for  other  officers  over  me. 

Q.  Did  he  say  anything  at  that  time  about  Mrs.  Surratt  getting  him  into  diffi- 
culty ?  A.  Yes,  he  did ;  he  cried  and  threw  his  hands  over  his  wife's  neck  and 
howled  for  his  prayer-book  ;  Mr.  Lloyd's  wife  and  Mrs.  Ofi'utt  were  there  and  heard 
all  the  conversation  in  that  room ;  I  told  them  to  brace  up 

Cross-examined  by  Judge  Holt: 

Q.  State  whether,  at  that  time,  Mr.  Lloyd  mentioned  the  reasons  why  he  had 


MARY    E.  SURRATT. 


797 


concealed  his  knowledge  of  this  matter.     A.  He  said  he  was  afraid  of  parties 
there;  he  was  afraid  if  he  made  this  confession  they  would  murder  hirn. 

Q.  Who  did  you  understand  him  to  refer  to?    A.  To  those  engaged  in  this 
conspiracy. 

Q.  What  was  the  precise  language  he  used  in  reference  to  Mrs.  Surratt?  A.  It 
was,  "  Mrs.  Surratt,  that  vile  woman,  she  has  ruined  me  ;  I  am  to  be  shot ;  I  am 
to  be  shot !  "  He  meant  by  that,  I  suppose,  that  his  guilt  was  so  great  there  wan 
no  hope  for  him. 

Re-examination  of  Captain  Cottingham. 

Q.  State  again  the  precise  language  that  Mr.  Lloyd  used  in  his  confession  with 
reference  to  Mrs.  Surratt. 

The  question  was  objected  to  and  withdrawn. 

Q.  I  will  ask  the  witness  if  he  did  not  make  a  different  statement  to  me  with 
reference  to  Mr.  Lloyd's  confession.  A.  I  should  like  to  relate  the  whole  con- 
versation between  Mr.  Aiken  and  myself  at  the  Metropolitan  Hotel ;  I  think  it 
was  Sunday  evening;  he  asked  me  to  take  a  drink,  and  I  took  a  drink  with  him  ; 
he  said,  "  I  am  going  to  have  you  as  a  witness  in  this  case  ;  "  he  told  me  to  sit  on 
the  sofa,  but  I  said  I  would  go  outside  ;  the  first  question  he  put  to  me  was,  was 
I  a  Catholic?  I  told  him  no  ;  then  he  said  Mr.  Lloyd  had  made  a  confession  to 
me  about  Mrs.  Surratt,  and  said,  "  Will  you  state  to  me  what  that  confession 
was?"  I  said,  "I  decline  that,  but  I  will  answer  any  question  you  put  to  me." 
He  wanted  to  pick  it  out  of  me,  and  I  didn't  think  I  was  bound  to  tell  him. 

Q.  Did  I  ask  you  if  Mr.  Lloyd  said  anything  in  reference  to  fire-arms? 
A.  You  asked  me  if  Lloyd  had  made  a  confession  to  me,  and  I  said,  "  Yes,"  and 
you  said,  "  What  was  it?  "  and  I  declined  answering,  but  I  said,  "  I  will  answer 
any  question  you  would  ask." 

Q.  What  did  you  tell  me  this  afternoon  ?  A.  I  told  you  a  lie ;  you  were  try- 
ing to  pick  it  out  of  me,  and  I  told  you  that  you  might  call  me  into  court,  and  I 
would  state  what  I  had  told  you,  a  lie,  and  now  state  that  I  did  do  it 

Testimony  of  Mrs.  Eliza  Hollahan. 
By  Mr.  Aiken : 

Q.  Are  you  acquainted  with  the  prisoner  Mrs.  Surratt  ?  A.  I  boarded  with 
Mrs.  Surratt  from  the  7th  of  February  until  the  16th  of  April. 

Q.  Are  you  acquainted  with  the  prisoner  Payne  ?  A.  I  never  saw  him  as 
Payne  ;  I  saw  the  man  pointed  out  as  Payne  at  her  house  twice ;  he  called  him- 
self Wood. 

Q.  When  did  he  first  come  to  Mrs.  Surratt's  house  ?  A.  I  saw  him  first  there 
in  February,  and  the  second  time  during  the  month  of  March. 

Q.  State  under  what  circumstances  he  came  to  Mrs.  Surratt's  house,  and  how 
he  introduced  himself.  A.  Indeed  I  do  not  know  anything  about  it ;  I  went  into 
the  parlor  and  was  introduced  to  him  as  Mr.  Wood ;  I  never  changed  a  word  with 
him  at  all. 

Q.  Did  he  represent  himself  as  a  Baptist  preacher?  A.  I  asked  Miss  Anna 
Surratt  who  he  was;  she  said  he  was  a  Baptist  minister;  I  said  I  did  not  think 
he  would  convert  many  souls. 

Q.  At  that  time,  how  long  did  he  remain  at  Mrs.  Surratt's  house?  A.  I  never 
saw  him  but  one  night. 


798 


AMERICAN  BASTILE. 


Q.  Did  Mrs.  Surratt  keep  a  boarding-house?  A.  I  do  not  think  she  did ;  only 
my  family  and  another  young  lady  boarded  there. 

Q.  Wa*  she  in  the  habit  of  giving  people  rooms  in  her  house  ?  A.  I  do  not 
know  anything  about  it;  I  never  saw  Mrs.  Surratt  until  I  went  to  board  with  her; 
I  never  heard  of  her. 

Q.  How  long  did  Payne  stay  there  when  he  came  in  March?  A.  I  do  not 
know ;  two  or  three  days,  I  think. 

Q.  When  was  the  last  time  you  saw  him  at  Mrs.  Surratt's  house?  A.  It  was 
some  time  in  March  ;  I  do  not  know  the  exact  day;  I  thought  he  was  a  friend  of 
theirs  and  never  asked  any  questions  about  him  ;  I  think  it  was  about  the  middle 
of  the  month  ;  it  was  after  the  inauguration  of  the  President,  I  know. 

Q.  Have  you  ever  seen  the  prisoner,  Atzerodt,  at  that  house?  A.  I  have, 
though  I  never  heard  his  name  there. 

Q.  When  was  that?  A.  I  do  not  know;  I  saw  him  come  in  at  times;  the 
ladies  called  him  "  Port  Tobacco." 

Q.  Was  any  objection  made  on  the  part  of  any  of  the  family  to  his  being  there  ? 
A.  I  heard  Mrs.  Surratt  say  that  she  objected  to  Atzerodt;  that  she  would 
not  board  him;  I  heard  her  say  at  the  table  that  she  would  rather  he  would 
not  come  there  at  all. 

Q.  Have  you  been  intimate  with  Mrs.  Surratt?  A.  I  cannot  say  that  I  was 
intimate ;  I  liked  her  very  much  ;  she  was  a  very  kind  lady  to  board  with. 

Q.  Did  you  have  frequent  conversations  with  her?    A.  Not  very. 

Q.  Were  you  acquainted  with  J.  Wilkes  Booth?  A.  I  have  seen  him  at  Mrs. 
Surratt's;  I  met  him  once  in  the  parlor. 

Q.  Did  he  come  frequently  to  Mrs.  Surratt's  house?  A.  I  never  saw  him  there 
but  three  or  four  times,  and  never  met  him  but  once. 

Q.  Did  he  spend  most  of  the  time  when  he  came  there  in  company  with  Mrs, 
Surratt  ?  A.  I  think  he  did  ;  he  would  ask  for  John  Surratt,  and  if  he  was  not 
there  he  would  inquire  for  Mrs.  Surratt. 

Q.  Have  you  learned  anything  while  boarding  with  Mrs.  Surratt  of  her  de- 
fective eyesight  ?    A.  I  never  saw  her  read  or  sew  after  candlelight. 

Q.  Have  you  been  in  the  habit  of  attending  church  with  Mrs.  Surratt?  A. 
Yes;  during  Lent  we  went  to  church  very  often  together. 

Q.  Was  she  during  that  time  constant  in  her  religious  duties?  A.  I  believe  so. 

Q.  When  was  the  last  time  you  saw  her  6on,  John  H.  Surratt,  at  her  house? 
A.  Some  time  in  March. 

Q.  Have  you  seen  him  in  the  city  since  that  time?   A.  I  have  not 

Cross-examined  by  Judge  Holt : 

Q.  You  say  you  never  saw  Mrs.  Surratt  sew  or  read  after  dark ;  have  you  not 
often  met  her  in  the  parlor  at  gaslight?    A.  Y"es. 

Q.  Did  she  ever  have  any  difficulty  in  recognizing  you  or  anybody  she  waa 
acquainted  with  in  the  parlor  by  gaslight?   A.  No,  air. 

Testimony  of  Miss  Honora  Fitzpatrick. 

By  Mr.  Aiken : 

Q.  When  did  you  commence  boarding  with  Mrs.  Surratt?  A.  The  6th  of 
October  last. 


MARY    E .  SURRATT. 


799 


Q.  How  long  did  you  board  there?  A.  Until  the  time  I  was  arretted,  after 
the  assassination. 

Q.  When  did  you  first  meet  at  Mrs.  Surratt's  house  the  prisoner  Payne?  A, 
I  do  not  know  what  month ;  I  met  him  during  the  winter;  I  first  saw  him  at 
breakfast.  x  • 

Q.  How  many  times  did  you  meet  him  ?    A.  I  only  saw  him  there  twice. 

Q.  When  was  the  last  time?    A.  In  March. 

Q.  How  long  did  he  stay  at  that  time?  A.  I  do  not  know;  I  started  to  Balti- 
more the  next  morning  after  he  came. 

Q.  How  long  did  you  stay  in  Baltimore?    A.  A  week. 
Q.  Was  Payne  gone  when  you  returned  ?    A.  Yes. 
Q.  Do  you  know  the  prisoner  Atzerodt?    A.  I  do. 

Q.  When  did  he  first  come  to  Mrs.  Surratt's?  A.  I  do  not  know  the  day  of 
the  month. 

Q.  How  long  did  he  stay  there  ?    A.  Only  a  short  time. 

Q.  Can  you  state  under  what  circumstances  he  left?  A.  I  do  not  know  under 
what  circumstances ;  I  believe  Mrs.  Surratt  sent  him  away. 

Q.  Are  you  aware  of  his  getting  drunk  in  the  house  and  making  a  disturbance? 
A.  I  am  not;  I  heard  he  had  bottles  up  there,  but  I  didn't  know  anything  about 
his  getting  drunk. 

Q.  What  room  did  you  occupy  in  the  house?  A.  I  slept  in  the  same  room 
with  Mrs.  Surratt  and  her  daughter,  Anna. 

The  allusion  in  the  examination  of  this  witness  as  to  certain  photographs  being 
found  in  the  house  of  Mrs.  Surratt  is  here  omitted  as  being  wholly  unimportant. 

Q.  Did  you,  while  you  were  in  the  house,  know  anything  of  defective  eyesight 
on  the  part  of  Mrs.  Surratt?  A.  I  know  she  could  not  read  or  sew  at  night,  on 
account  of  her  eyesight. 

Q.  Are  you  acquainted  with  Lewis  J.  Weichman?    A.  Yes. 

Q.  Was  he  treated  in  the  house  like  a  friend  ?  A.  He  was  treated  more  like  a 
son. 

Q.  When  did  you  last  see  Booth  there?  A.  The  Monday  before  the  assassina- 
tion. 

Q.  When  did  you  last  see  John  Surratt  ?  A.  The  night  that  he  left  the  house, 
two  weeks  before  the  assassination. 

Q.  Did  you  see  him  anywhere  in  the  city  during  those  two  weeks?    A.  No. 

Q.  Have  you  ever  known  Mrs.  Surratt  to  be  unable  to  recognize  persons  of  her 
acquaintance  in  the  street?  A.  I  remember  of  her  passing  Mrs.  Kirby  in  the 
street  once,  without  recognizing  her;  she  did  not  see  her  at  all. 

Q.  Was  Mrs.  Kirby  on  the  same  side  of  the  street  with  her?    A.  Yes,  sir. 

Cross-examined  by  Judge  Holt : 

Q.  Did  you  ever  know  Mrs.  Surratt  to  have  any  difficulty  in  recognizing  her 
friends  in  the  parlor  by  gaslight;  did  she  always  recognize  you?    A.  She  did. 
Re  examination  of  Miss  Honora  Fitzpatrick. 

Bv  Mr.  Aiken  :  I  was  present  when  Payne  was  arrested  at  Mrs.  Surratt's  house, 
but  did  not  recognize  him  at  the  time,  nor  until  the  shirt  sleeve  was  removed 
from  his  head  at  General  Augxir',s  office;  when  Payne  came  to  Mrs.  Surratt's, 
before  the  assassination,  he  passed  by  the  name  of  Wood  ;  have  often  threaded  a 
needle  in  the  daytime  for  Mrs,  Surratt ;  I  have  known  her  eyesight  to  be  poor. 


800 


AMERICAN  BASTILE. 


By  Judge-Advocate  Burnett:  Mrs.  Surratt,  her  daughter  and  myself  were  in 
the  room  with  Payne  at  General  Augur's  office  ;  Mrs.  Surratt,  in  speaking  of 
Payne,  said  that  that  was  not  John  Surratt,  but  I  never  heard  her  say  that 
she  had  never  seen  Payne ;  I  did  not  hear  what  passed  when  Mrs.  Surratt  was 
called  out  into  the  4iall  of  her  house  to  see  Payne  on  the  night  of  the  arrest ;  I 
only  heard  Miss  Surratt  say  that  he  was  not  John  Surratt,  and  that  whoevei 
called  that  ugly  man  her  brother  was  no  gentleman. 

Testimony  of  H.  R.  Sweeney. 

By  Mr.  Aiken  :  I  am  acquainted  with  John  M.  Lloyd ;  I  met  him  on  the  14th 
of  April  last  at  Marlboro,  and  rode  with  him  a  portion  of  the  way  from  Marlboro 
towards  his  home;  beseemed  to  be  considerably  under  the  influence  of  liquor;  he 
drank,  or  attempted  to  drink  on  the  road,  at  least  to  put  the  bottle  to  his  lips ;  the 
bottle  contained  liquor. 

Cross-examined  by  Judge- Advocate  Holt:  I  drank  with  him;  I  could  not  tell 
who  drank  the  most ;  both  drank  from  the  same  bottle ;  he  seemed  to  be  con- 
siderably excited,  which  I  attributed  to  the  influence  of  drink ;  he  was  alone  in 
his  buggy;  I  was  on  horseback;  he  was  excited  in  conversation  and  general  de- 
portment; I  do  not  think  I  was  excited  myself;  I  supposed  he  knew  what  he 
was  doing,  and  where  he  was  going  at  least ;  I  thought  he  was  able  to  take  care 
of  himself. 

By  Mr.  Clampitt :  I  have  known  J.  Z.  Jenkins,  a  brother  of  Mrs.  Surratt,  for 
sixteen  years  ;  I  have  heard  it  said  of  him  that  he  was  a  zealous  Union  man  ;  on 
one  occasion  a  Union  flag  was  raised  within  a  hundred  yards  of  the  house  in 
which  I  boarded,  and  there  being  a  rumor  that  an  attempt  would  be  made  to  cut 
it  down,  Mr.  Jenkins  formed  one  of  a  party  who  stood  guard  around  it  all  night ;  I 
heard  that  he  came  to  Washington  to  get  votes  for  the  Union  ticket  in  Maryland, 
but  I  do  not  know  anything  of  that ;  I  believe  him  to  be  to-day  a  consistently 
loyal  man. 

By  Judge-Advocate  Holt :  I  have  never  acted  against  the  government  that  I 
know  of ;  I  was  strictly  neutral  in  my  conduct  and  feelings  in  regard  to  the  re- 
bellion ;  I  was  perfectly  indifferent  as  to  whether  the  rebellion  failed  or  succeeded. 

By  the  Court :  I  parted  with  Mr.  Lloyd,  on  the  occasion  of  which  I  have  spoken, 
about  six  miles  from  Surrattsville  ;  I  did  not  take  more  than  one  drink  out  of  the 
bottle  from  which  Mr.  Lloyd  drank. 

Testimony  of  J.  Z.  Jenkins. 

Examined  by  Mr.  Aiken  : 

Q.  Where  do  you  reside  ?    A.  In  Prince  George  county. 
Q.  Were  you  or  were  you  not  at  Surrattsville  on  the  14th  of  April  last.    A.  I 
was. 

Q.  Are  you  acquainted  with  Lewis  J.  Weichman  ?   A.  Yes. 
Q.  Were  you  at  Surrattsville  at  the  time  he  drove  up  to  the  house  with  Mrs. 
Surratt?    A.  Yes. 

Q.  Did  Mrs.  Surratt  or  not  at  that  time  show  you  a  letter?  A.  She  did,  from 
George  Calvert. 

Q.  Did  she  show  you  any  other  papers?    A.  She  showed  two  judgments  oh- 


MART    E.  SURRATT. 


801 


tained  by  Charles  B.  Calvert  in  the  Circuit  Court  of  our  county  against  Mr. 
Surratt. 

Q.  You  know,  of  your  own  knowledge,  whether  that  business  brought  Mrs. 
Surratt  to  Surrattsville  that  day  ?  A.  I  only  know  she  showed  me  this  letter  and 
judgments. 

Q.  Did  you  transact  any  business  for  Mrs.  Surratt  that  afternoon  ?  A.  I  made 
the  interest  out  on  the  judgments. 

Q.  Did  she  express  to  you  during  her  entire  stay  at  Surrattsville  that  day  any 
wish  or  desire  to  see  John  M.  Lloyd  ?    A.  She  did  not. 

Q.  Were  you  at  the  place  when  Mr  Lloyd  drove  up?    A.  Yes. 

Q.  What  was  his  condition  at  that  time?    A.  He  was  very  much  intoxicated. 

Q.  Was  Mrs.  Surratt  upon  the  point  of  going  away  when  Lloyd  drove  up? 
A.  Yes ;  she  had  been  ready  to  start  for  some  time  before  Lloyd  drove  up ;  she 
had  business  with  Captain  Gwynne,  and  when  he  came  she  went  back  and 
stopped. 

Q.  At  what  time  did  you  leave  ?   A.  About  sundown,  I  judge. 

Q.  Have  you,  during  the  last  year  or  two,  been  on  terms  of  intimacy  with  Mrs. 
Surratt?   A.  Yes,  sir. 

Q.  Have  you,  in  all  your  intercourse  with  her,  heard  her  breathe  a  word  of 
disloyalty  to  the  Government?    A.  Not  to  my  knowledge. 

Q.  Have  you,  at  any  time,  ever  heard  her  make  any  remark  or  remarks  show- 
ing her  to  have  a  knowledge  of  any  plan  or  conspiracy  to  assassinate  the  Presi- 
dent, or  any  member  of  the  Government?    A.  No,  sir. 

Q.  Have  you  ever  heard  her  mention  at  any  time  any  plan  for  the  capture  of 
the  President?   A.  I  have  not. 

Q.  Have  you  been  frequently  at  the  house  of  Mrs.  Surratt  when  Union  troops 
were  passing  ?   A.  Yes,  sir. 

Q.  From  your  personal  knowledge  of  the  transactions  that  occurred  then  and 
there,  can  you  state  whether  or  not  she  was  in  the  habit  of  giving  them  milk, 
tea,  and  such  other  nourishment  as  she  had  in  the  house  ?    A.  Yes,  frequently. 

Q.  Was  she  in  the  habit  of  receiving  pay  for  it?  A.  Sometimes  she  did  and 
sometimes  she  did  not. 

Q.  Do  you  recollect,  on  or  about  the  time  of  a  large  number  of  horses  escaping 
from  Giesboro,  whether  or  not  any  of  them  were  taken  up  and  kept  on  her 
premises  ?    A.  Some  of  them  ;  I  disremember  how  many. 

Q.  Were  these  horses  fed  and  kept  by  her  or  not?   A.  Yes. 

Q.  Were  they  all  given  up?   A.  Every  one. 

Q.  Do  you  know  whether  she  took  a  receipt  for  them  ?  A.  She  received  a  re- 
ceipt, but  never  got  any  pay. 

Q.  Can  you  state  whether  you  ever  knew  Mrs.  Surratt  to  commit  any  overt  act 
of  any  description  against  the  Government  ?   A.  I  never  did. 

Q.  Was  it  not  Mrs.  Surratt's  constant  habit  to  express  warm  sympathy  for  the 
sick  and  wounded  of  our  army  ?  A.  I  do  not  remember  ever  hearing  her  say 
anything  about  that. 

Q.  Do  you  know  of  a  defective  eyesight  on  her  part  ?  A.  I  have  been  present 
when  she  would  be  unable  to  read  or  sew  by  gas-light ;  this  has  been  the  fact  for 
several  years. 

51 


802 


AMERICAN    B  ASTILE. 


Q.  Do  you  recollect  on  any  occasion  of  her  failing  to  recognize  immediately 
friends  who  were  near  her?    A.  I  do  not  recollect  any. 

Q.  Do  you  not  recollect  that  one  occasion  Mrs.  Surratt  gave  the  last  ham  she 
had  to  Union  soldiers?    A.  I  do  not. 

Cross-examined  by  Colonel  Burnett : 

Q.  What  relation  are  you  to  the  prisoner  Mrs.  Surratt?    A.  She  is  my  sister. 

Q.  "Where  did  you  reside  while  she  was  living  at  Surrattsville  ?  A.  About  a 
mile  and  a  half  this  side,  and  I  have  been  residing  there  since. 

Q.  Are  you  now  under  arrest?  A.  I  am ;  I  was  arrested  and  brought  here 
last  Thursday  week. 

Q.  Where  were  you  on  the  evening  of  the  day  previous  to  your  arrest?  A.  At 
Lloyd's  hotel. 

Q.  Did  you  meet  at  that  place  Mr.  Coltenback  ?    A.  Yes. 

Q.  Did  you  have  any  conversation  with  him  at  that  time  in  reference  to  thia 
trial  ?    A.  Yes,  sir,  we  were  talking  about  the  trial. 

Q.  Did  you  meet  a  man  by  the  name  of  Cottingham  there  ?  A.  Yes ;  I  went 
there  with  him. 

(  .  At  the  time  you  met  Coltenback  what  was  said  about  the  trial  in  reference 
to  the  witnesses  summoned  against  Mrs.  Surratt?  A.  I  think  I  told  him  I  would 
look  at  the  paper  and  see. 

Q.  Anything  else?  A.  Not  that  I  know  of ;  I  might  have  told  him  that  my 
Bister  found  his  family. 

(., .  What  relevancy  had  that  to  the  conversation  ?  A.  I  disremember  how  the 
conversation  commenced. 

Q.  Did  you,  at  that  time  and  place,  say  to  Mr.  Coltenback  that  if  he,  or  any 
one  like  him,  undertook  to  testify  against  your  sister  you  would  see  that  they 
were  got  out  of  the  way  ?    A.  I  did  not  say  anything  of  the  kind. 

Q.  Did  you  say  you  would  send  any  man  to  hell  who  testified  against  your 
sister?    A.  I  did  not. 

Q.  Did  you  use  any  threats  against  him  if  he  appeared  as  a  witness  against 
your  sister?    A.  No,  nothing  like  that. 

Q.  State  what  you  did  say  on  that  subject.  A.  I  told  him  I  understood  he 
was  a  witness,  and  he  was  to  be  a  strong  witness  against  my  sister,  and  I  told  him 
he  ought  to  be,  as  she  had  raised  his  family. 

Q.  Did  you  call  him  a  liar?   A.  I  disremember. 

Q.  Was  there  any  anger  exhibited  in  that  conversation  ?  A.  I  did  not  mean 
it  if  there  was. 

Q.  Did  you  have  any  talk  about  John  Surratt  having  returned  from  Richmond  ? 
A.  Not  to  my  knowledge. 

Q.  Did  you  talk  about  John  Surratt's  going  to  Richmond,  or  mention  any- 
thing about  a  paper  showed  you  that  he  had  been  to  Richmond?  A.  No ;  I 
never  mentioned  John  Surratt's  name. 

Q.  Did  you  Bee  the  letter  found  by  Mr.  Coltenback  in  the  bar?    A.  I  did  not. 

Q.  How  did  you  learn  that  Mr.  Coltenback  was  to  be  a  witness?  A.  He  told 
me  himself. 

Q.  When  did  you  come  in  that  evening?  A.  I  think  about  ten  o'clock ;  I 
went  in  with  Mr.  Cottingham. 


MART    E.  SURRATT. 


803 


Q.  Did  you  or  did  you  not  use  any  threats  against  Mr.  Coltenback?  A.  Not 
to  my  knowledge. 

Q.  Wouldn't  you  know  it  if  you  had?  A.  I  think  I  ought  to;  I  do  not  think 
I  did  use  any,  only  in  reference  to  the  public  press,  I  told  him  I  would  look  at 
his  statement. 

Q.  And  if  you  found  in  the  public  press  that  he  had  testified  against  your  si«ter 
what  did  you  say?    A.  I  do  not  recollect. 

Q.  On  the  evening  of  the  14th  when  you  saw  Mr.  Lloyd  and  Mrs.  Surratt  and 
Gwynn,  how  long  had  you  been  at  Lloyd's  house?  A.  I  judge  it  was  about  two 
o'clock  when  I  got  there,  and  I  stayed  till  about  sundown,  or  a  little  after. 

Q.  How  many  persons  did  you  see  there  during  that  time?  A.  I  suppose  from 
ten  to  fifteen. 

Q.  Did  Gwynn  leave  before  Mrs.  Surratt  did?    A.  I  think  he  did. 
Q.  Do  you  recollect  whether  he  saw  Mrs.  Surratt  on  that  occasion  or  not?  A. 
He  did  see  her  in  the  parlor ;  I  went  in  at  the  door  as  he  spoke  to  her. 
Q.  Who  was  in  there?    A.  Mr.  Weichman,  I  think. 

Q.  Did  you  see  Gwynn  come  out?  A.  I  do  not  recollect  that  I  did  see  him 
when  he  left  the  house  and  went. 

Q.  Did  you  hear  the  conversation  between  him  and  Mrs.  Surratt?  A.  No;  I 
did  not  go  into  the  parlor  while  they  were  conversing. 

Q.  You  have  been  asked  here  as  to  Mrs.  Surratt's  loyalty?  What  has  been 
your  attitude  towards  the  government  during  this  war?  A.  Perfectly  loyal,  I 
think. 

Q.  How  did  you  stand  when  the  question  of  the  secession  of  Maryland  watf 
under  discussion  ?  A.  I  spent  $3,000  to  hold  her  in  the  Union,  and  everybody 
in  that  neighborhood  will  testify. 

Q.  Have  you  never  taken  part  in  any  way  against  the  government  during  the 
entire  war?    A.  Never  by  act,  word,  aid  or  sympathy  with  the  rebels. 

By  Mr.  Aiken : 

Q.  State,  if  you  know,  for  what  you  are  under  arrest.    A.  I  do  not. 

Q.  State  if  you  had  any  conversation  with  Mr.  Cottingham  about  a  $3,000  re- 
ward. A.  Our  commissioners  had  offered  $3,000  reward  to  any  party  who  wortl  J 
give  information  on  the  subject  of  the  assassination;  he  claimed  it  for  the  ■  treat 
of  John  M.  Lloyd,  and  asked  me  if  I  would  see  the  commissioners  and  ascertain 
whether  he  would  get  it  or  not. 

Q.  When  you  stated  to  Coltenback  that  he  ought  to  be  a  stirring  witness  against 
vour  sister,  because  she  had  brought  up  his  children,  did  you  mean  it,  or  did  you 
apeak  it  ironically?    A.  I  did  not  mean  it  at  all. 

Q.  Is  it  a  fact  that  Mrs.  Surratt  did  rear  that  family  ?    A.  Partially  ga 

Testimony  of  James  Lusby. 

By  Mr.  Stone :  I  reside  in  Prince  George  county  ;  I'm  not  very  much  acquainted 
with  John  M.  Lloyd  ;  I  got  acquainted  with  him  since  Christmas  ;  I  saw  him  in 
Marlboro  in  April  last;  I  do  not  know  exactly  the  day  ;  it  was  on  Good  Friday, 
the  day  Lincoln  was  killed. 

Q.  Did  you  see  Mr.  Lloyd  on  the  evening  of  that  day  at  Surrattsville?  A.  He 
and  I  went  that  day  from  Marlboro. 


804 


AMERICAN  BASTILE. 


Q.  What  was  Lloyd's  condition  at  that  time?  A.  He  was  very  drunk,  I 
thought ;  I  reached  Surrattsville  about  one  minute  and  a  half  before  he  did ;  I 
drove  up  to  the  bar-room  door  ;  he  went  up  to  the  front  door. 

Q.  Did  you  see  the  prisoner,  Mrs.  Surratt,  there  that  day  ?  A.  I  saw  her  aa 
she  was  starting  out  to  go  home. 

Q.  Was  she  all  ready  to  go  home  at  the  time  Lloyd  drove  up  ?  A.  Yes,  the 
buggy  was  there  waiting  for  her,  and  she  left  about  fifteen  minutes  afterwards. 

Cross-examination  by  Judge  Holt : 

Q.  You  drove  up  on  one  side  of  the  house  and  Lloyd  went  around  to  the  other 
side,  didn't  he?  A.  Yes  ;  there  was  a  front  yard  he  went  through;  when  I  first 
came  I  went  into  the  bar-room  and  got  a  drink. 

Q.  Did  you  see  Mrs.  Surratt  when  you  first  came  ?  You  didn't  see  her  in  the 
bar-room,  did  you  ?    A.  No. 

Q.  And  you  didn't  see  her  when  you  first  came  up?  A.  No. 

Q.  You  didn't  see  her  until  you  got  your  drink?  A.  I  disremember  whether 
I  got  my  drink  when  I  first  saw  her  or  not. 

Q.  You  say  Lloyd  was  drunk  ;  how  do  you  know  that  fact  ?  A.  I  have  seen 
him  before. 

Q.  Did  you  see  him  drinking?    A.  Yes  ;  and  I  took  drinks  with  him. 

Q.  Which  drank  the  most?   A.  I  never  measured  mine. 

Q.  Were  you  as  tight  as  he  was?    A.  Not  quite  as  tight. 

Q.  Were  you  after  you  had  the  additional  drink  ?  You  had  the  advantage  of 
taking  that  drink  at  Surrattsville,  while  Lloyd  went  around  to  the  kitchen,  hadn't 
you  ?  A.  I  don't  know ;  I  never  tried  to  pass  even  with  him ;  I  did  not  say  I 
was  drunk ;  I  don't  know  whether  I  was,  though  I  had  drank  with  him  right 
smart  that  day. 

By  Judge  Burnett: 

Q.  Do  you  live  at  Surrattsville?   A.  No;  a  mile  and  a  half  below. 

Q.  What  has  been  your  business  for  the  last  two  or  three  years  ?  A.  I  have 
been  a  farmer  at  the  time ;  I  have  never  been  away  from  home  further  than 
Washington  in  my  life. 

Q.  Mr.  Lloyd  was  sober  enough,  wasn't  he,  to  drive  his  own  horse  and  take 
his  fish,  etc.,  into  the  kitchen  ?  A.  He  drove  his  own  horse;  I  didn't  see  him  go 
to  the  kitchen. 

Q.  Did  you  see  him  fix  Mrs.  Surratt's  buggy  ?  A.  No,  I  do  not  know  any 
thing  about  that. 

Q.  How  long  before  he  arrived  at  the  house  had  you  seen  him  ?  A.  I  came  all 
along  with  him  from  Marlboro,  sometimes  in  front  and  sometimes  behind  him. 

Q.  How  far  is  it  from  Surrattsville  to  Marlboro  ?  A.  About  twelve  miles ;  it 
ui  a  fast  drive  of  about  two  and  a  half  hours. 

Q.  Did  you  stop  to  get  any  drinks  on  the  road  ?   A.  No. 

Q.  Then  he  was  two  and  a  half  hours  without  getting  any  drinks  before  h« 
came  to  Surrattsville  ?   A.  Yes,  sir. 

Testimony  of  Miss  Anna  Ward. 

By  Mr.  Aiken : 

Q.  State  your  residence.   A.  In  Washington  City. 


MART    E.  SURRATT. 


805 


Q.  Are  you  acquainted  with  the  prisoner,  Mrs.  Surratt?  A.  Yea,  I  have  known 
her  for  seven  or  eight  years. 

Q.  Have  you  ever  known  her  on  any  occasion  fail  to  recognize  you  or  her 
friends  when  you  have  met  her?  A.  She  failed  to  recognize  me  once  when  I  met 
her  on  the  street;  I  had  also  failed  to  recognize  her ;  she  made  an  apology  to  me 
and  I  made  the  same  apology  to  her. 

Q.  Are  you  near-sighted?  A.  I  am  ;  this  was  on  Seventh  street;  Mrs.  Hur- 
ratt's  daughter  was  with  her,  and  called  her  attention  to  the  fact  that  8he  had  nc4 
spoken  to  me. 

Q.  Did  you  ever  have  occasion,  at  any  time,  to  read  for  her  ?  A.  Yes,  I  gave 
her  a  letter  to  read;  she  returned  it  to  me,  and  asked  me  to  read  it,  saying  she 
could  not  see  to  read  by  gaslight. 

Q.  Do  you  recollect  any  other  occasion  when  she  failed  to  recognise  persona? 
A.  I  do  not  know  that  I  do. 

Q.  Did  you  receive  a  letter  from  John  H.  Surratt  not  long  since?   A.  I  did. 

Q.  Where  is  that  letter?  A..  I  gave  it  to  his  mother;  I  presume  it  has  been 
destroyed. 

Q.  Please  state  to  the  court,  as  well  as  you  can  recollect,  all  the  circumstance* 
of  John  H.  Surratt's  affair  with  you  in  engaging  a  room  at  the  Herndon  House. 
A.  He  called  one  afternoon  and  asked  to  see  me. 

Judge  Bingham.    You  need  not  state  that  conversation. 

Mr.  Aiken.    Very  well,  then,  we  turn  the  witness  over  to  you.    Perhaps  yoo 
may  want  to  make  some  inquiries  yourself  about  that  matter. 
Cross-examined  by  Judge  Bingham : 

Q.  Have  you  been  in  the  habit  of  visiting  often  at  Mrs.  Surratt's?  A.  Occa- 
sionally, up  to  the  day  of  the  assassination ;  that  was  the  last  day  I  visited  her. 

Q.  On  all  the  occasions  when  you  went  to  the  house  did  she  recognize  you  with- 
out difficulty  ?  A.  Yes ;  once  or  twice  she  opened  the  door  for  me ;  at  other  times 
I  sent  my  name  up. 

Q.  She  was  quick  to  recognize  the  voice,  wasn't  she  ?   A.  Yes. 
******** 

Q.  Did  you  meet  any  strangers  at  Mrs.  Surratt's  house  ?  A.  I  met  Booth  there, 
and  I  met  two  gentlemen  who  boarded  there. 

Q.  You  got  a  letter  from  John  H.  Surratt,  post-marked  Montreal,  Canada 
East?   A.  Yes. 

Q.  When  did  you  receive  it?  A.  I  received  two  from  him  ;  the  first  on  the 
day  of  the  assassination  ;  I  do  not  recollect  the  date  of  the  second  ;  there  was  a 
very  short  interval  between  them. 

Q.  You  delivered  both  of  these  letters  to  Mrs.  Surratt?  A.  I  delivered  one  to 
her,  and  the  other  to  her  daughter  Anna. 

Q.  Have  you  seen  it  since?   A.  No. 

Q.  Did  you  answer  any  letters  received  from  him  ?  A.  Neither  of  these ;  hm 
wroU  me  two  letters  at  the  same  time,  enclosing  the  letters  for  his  mother ;  I 
answered  those  addressed  to  me. 

Q.  And  all  were  about  the  time  of  the  President's  assassination  ?  A.  I  do  not 
recollect  when ;  they  were  all  after  he  left  home,  and  I  think  very  soon  after  the 
President's  assassination. 


806 


AMERICAN  BASTILE. 


Q.  You  haven't  got  any  of  them  ?    A.  No,  sir. 

Q.  Do  you  know  whether  the  letters  to  yourself  have  been  destroyed  ?    A.  I 
do  not;  I  left  them  with  his  mother,  and  have  not  inquired  for  them  since, 
i  By  Mr.  Aiken : 

.  Q.  Have  you  known  Mrs.  Surratt  as  a  lady  always  attentive  to  her  duties? 
A.  I  have. 

Q.  Do  you  know  anything  as  to  her  general  character  ?    A.  My  knowledge  of 
her  has  always  been  that  of  a  Christian  and  a  lady. 
By  the  Court : 

Q.  Do  you  attend  the  same  church  as  Mrs.  Surratt  ?    A.  I  do,  sir. 

Testimony  of  Anna  E.  Surratt. 

,  Q.  Suite  your  full  name.    A.  Anna  p.  Surratt 
Q.  Are  you  under  arrest  at  the  present  time?    A.  Yes,  sir. 
Q.  When  were  you  arrested  ?    A.  On  the  17th  of  April. 

.  Q.  Are  you  acquainted  with  Atzerodt?    A.  I  have  met  him  several  times. 
Q.  Where?   A.  At  our  house  in  Washington  City. 

Q.  When  did  he  first  come  there?  A.  Some  time  after  Christmas;  I  think  it 
was  in  February. 

Q.  How  long  did  he  remain  there  then?  A.  He  did  not  stay  over  night  to 
my  knowledge ;  he  used  to  call  sometimes  now  and  then. 

Q.  Can  you  state  from  your  own  knowledge  whether  or  not  Atzerodt  was  given 
to  understand  that  he  was  not  wanted  at  the  house?  A.  Yes,  sir;  mamma  said 
she  did  not  care  to  have  strangers  there,  but  we  treated  him  with  politeness,  as  we 
did  every  one  who  came  to  the  house. 

Q.  Do  you  or  do  you  not  know  of  frequent  instances  in  which  Mrs.  Surratt 
failed  to  recognize  her  friends?    A.  Yes,  sir. 
.  Q.  Is  she  able  to  read  or  sew  by  gas-light?    A.  No,  sir. 

Q.  Have  you  not  often  plagued  her  about  wearing  spectacles  ?  A.  I  told  her 
she  was  too  young-looking  to  get  spectacles  yet,  and  she  said  she  could  not  see  to 
read  or  sew  without  them  of  dark  mornings;  she  could  read  some,  but  she  seldom 
6ewed  of  a  dark  day. 

Q.  Do  you  know  Lewis  J.  Weichman  ?  A.  Yes.  ■■>■ 
.  Q.  Was  he  a  boarder  at  your  mother's  house  ?    A.  Yes,  sir. 

Q.  How  was  he  treated  there?    A.  Too  kindly. 

Q.  Was  it  or  not  your  mother's  habit  to  sit  up  and  wait  for  him  when  he  was 
out  late  ?  A.  Yes ;  just  as  she  would  wait  for  my  brother  ;  Weichman  engaged 
a  room  for  Atzerodt ;  when  he  came  Weichman  and  he  used  to  make  private 
signs  to  each  other. 

Q.  Did  you  refer  to  Atzerodt  or  Payne?    A.  To  Atzerodt.  : 
Q.  At  what  time  did  Payne  first  come  to  your  house?    A.  He  came  one  night 
after  dark,  and  left  early  the  next  morning. 

j  Q.  How  long  was  that  before  the  assassination  ?  A.  It  was  after  Christmas, 
not  very  long  after. 

:  Q.  How  many  times  did  he  come  there?  A.  He  stayed  one  night  when  he 
first  came,  and  we  did  not  see  him  again  for  some  weeks;  it  was  Weichman  who 
went  to  the  door,  and  it  was  Weichman  who  brought  Payne  in  there;  I  wenj 


MARY    E.  SUKKATT. 


807 


down-stairs  and  told  mamma  he  was  there,  and  she  said  she  did  not  understand 
it,  and  did  not  like  strangers  coming  to  the  house,  but  to  treat  him  politely,  as 
fihe  had  been  in  the  habit  of  treating  every  one  who  came ;  he  called  two  or 
three  times  after  that. 

Q.  Did  he  ask  for  accommodations  for  the  night?  A.  Yes,  sir;  he  said  he 
would  leave  the  next  morning,  and  I  believe  he  did. 

Q.  Were  you  acquainted  with  Booth?    A.  Yes,  sir;  I  have  met  him. 

Q.  When  was  he  last  at  your  house?  A.  On  the  Monday  before  the  aasassimv 
tion. 

Q.  Did  your  mother  go  to  Surrattsville  about  that  time?  A.  Yes,  sir;  on 
Friday,  the  day  of  the  assassination. 

Q.  Do  you  know  whether  or  not  the  carriage  was  at  the  door  to  go  when 
Booth  came?  A.  Yes,  I  think  he  came  and  found  her  about  to  go;  she  had 
been  speaking  about  going  a  day  or  two  before  that  on  a  matter  of  business,  and 
Bhe  said  she  was  obliged  to  go. 

Q.  How  long  did  Booth  remain?  A.  Not  over  a  few  minutes;  he  never  stayed 
long  when  he  came. 

The  examination  in  regard  to  photographs,  pictures,  etc.,  is  here  omitted  as 
being  too  unimportant. 

Q.  Do  you  recollect  the  last  time  you  saw  your  brother?    A.  Yes,  sir. 

Q.  How  long  was  that  before  the  assassination  ?  A.  On  the  Monday  before  it 
was  two  weeks. 

Q.  Have  you  seen  him  since  ?    A.  No,  sir 

Q.  Were  Booth  and  your  brother  on  friendly  terms?  A.  I  never  asked  him  ;  he 
used  to  call  to  see  him  sometimes ;  one  day  I  know  he  said  Booth  was  crazy,  and  he 
wished  he  would  not  come  there. 

Q.  Where  was  your  brother  in  1861  ?    A.  At  college. 

Q.  What  college  ?    A.  St.  Charles'  College. 

Q.  Was  he  a  student  there  at  that  time  ?    A.  Yes,  sir;  but  not  of  divinity. 

Q.  How  long  was  your  brother  at  college  ?  A.  For  three  years  ;  but  he  spent 
his  vacations  at  home  in  August. 

Q.  Miss  Surratt,  did  you,  at  your  mother's  house,  at  any  time,  or  any  occasion, 
ever  hear  a  word  breathed  as  to  any  plot,  or  plan,  or  conspiracy  in  existence  to 
assassinate  the  President  of  the  United  States  ?    A.  No,  sir. 

Q.  Did  you  ever  hear  any  remark  made  with  reference  to  the  assassination  of 
any  member  of  the  Government?    A.  No,  sir. 

Q.  Did  you  ever  hear  it  discussed  by  any  member  of  the  family  to  capture  the 
President  of  the  United  States  ?    A.  No,  sir,  I  did  not 

*****♦•« 

Testimony  of  John  F.  Hoxton. 

By  Mr.  Aiken  :  I  reside  in  Prince  George  county,  and  have  resided  there 
about  forty  years;  my  residence  is  at  Surrattsville;  I  have  known  the  prisoner 
Mrs.  Surratt  for  many  years ;  her  reputation  among  those  who  know  her  there 
as  a  truthful,  kind  and  good  Christian  lady  is  very  good.  ****** 

Testimony  of  Wm.  W.  Hoxton. 

By  Mr.  Aiken:    I  reside  near  Surrattsville,  and  have  known  the  prima 


808 


AMERICAN  BASTILE, 


Mrs.  Surratt  for  about  twelve  years ;  she  has  always  been  looked  upon  in  ouf 
neighborhood  as  a  very  good,  kind,  Christian  lady  and  a  church-going  woman. 
****** 

Testimony  of  Henry  Hawkins  (colored). 

By  Mr.  Aiken  :  I  have  lived  at  Surrattsville  about  eleven  years  ;  was  formerly 
a  slave  of  Mrs.  Surratt ;  she  always  treated  me  kindly ;  remember  that  on 
one  occasion  some  Government  horses  broke  away  from  Giesboro  and  came  to 
Mrs.  Surratt's  stable ;  they  were  fed  and  taken  care  of  at  her  expense ;  never 
heard  any  political  expressions  from  Mrs.  Surratt ;  she  frequently  fed  Union  soldiers 
passing  her  house,  and  gave  them  the  best  she  had ;  do  not  think  ehe  took  any 
pay  for  it ;  I  sometimes  heard  that  Mrs.  Surratt  could  not  see  very  well ;  have 
seen  her  wear  spectacles. 

Testimony  of  Rachael  Semus  (colored). 

I  lived  with  Mrs.  Surratt  for  six  years ;  was  hired  by  her ;  I  never  had  reason 
to  complain  of  hard  treatment  while  with  her ;  she  frequently  had  Union  soldiers, 
and  always  tried  to  do  the  best  she  could  for  them,  giving  them  the  best  in  the  house, 
and  very  often  giving  them  all  in  the  house ;  I  recollect  at  one  time  she  cut  up 
the  last  ham  for  a  party  of  Union  soldiers ;  never  knew  her  to  take  pay  from  the 
soldiers ;  have  seen  them  come  there  and  get  refreshments  and  not  pay ;  never 
knew  her  to  say  anything  in  favor  of  the  South  ;  knew  her  eyesight  to  be  failing ; 
have  frequently  threaded  a  needle  for  her. 

Testimony  of  Father  Wiget. 

By  Mr.  Aiken : 

Q.  State  your  residence  in  this  city  and  your  occupation.  A.  My  residence  is 
Gonzaga  College,  in  this  city,  in  F  street,  between  Ninth  and  Tenth ;  I  am  a 
clergyman. 

Q.  Are  you  acquainted  with  the  prisoner,  Mary  E.  Surratt  ?  A.  I  am,  and 
have  been  for  ten  or  eleven  years. 

Q.  Has  that  acquaintance  been  of  an  intimate  character  ?  A.  I  knew  her  very 
well. 

Q.  Are  you  acquainted  with  her  general  reputation  ?  A.  I  have  always  heard 
every  one  speak  very  highly  of  her  as  a  lady  and  a  Christian. 

Q.  In  all  that  acquaintance,  has  anything  ever  come  to  your  knowledge  that 
would  indicate  an  unchristian  character  on  her  part?    A.  No,  never. 

******** 

Testimony  of  Father  Boyle 

By  Mr.  Aiken : 

Q.  State  your  residence  in  this  city  and  occupation.  A.  My  residence  is  at 
St.  Peter's  Church  ;  I  am  a  Catholic  priest. 

Q.  Are  you  acquainted  with  the  prisoner,  Mary  E.  Surratt?  A.  I  have  some 
acquaintance  with  her;  I  made  her  acquaintance  some  eight  or  nine  years  ago; 
I  have  merely  met  her  casually  some  three  or  four  times  since  then. 

Q.  Do  you  know  anything  of  her  general  reputation?    A.  I  have  always 


N. 


MART    E.    SURR  ATT. 


809 


heard  her  spoken  of  as  an  estimable  lady ;  I  never  heard  a  word  said  to  her  dis- 
advantage. 

Q.  In  all  your  acquaintance  with  her,  did  you  ever  hear  her  utter  a  disloya. 
sentiment?    A.  I  never  did. 
Cross-examined  by  Judge  Holt : 

Q.  Have  you  ever  heard  her  utter  a  loyal  sentiment  ?  A.  I  never  heard  much 
of  her  sentiments  at  all ;  I  saw  her  so  little,  and  at  such  long  intervals,  that  I 
could  not  undertake  to  say  what  her  general  character  for  loyalty  is. 

Testimony  of  Father  Stonestreet 

By  Mr.  Aiken : 

Q.  State  your  residence  and  occupation.  A.  I  reside  at  present  in  Washing- 
ton ;  I  am  pastor  of  St.  Aloysius  church. 

Q.  Are  you  acquainted  with  the  prisoner,  Mary  E.  Surratt?    A.  I  am. 

Q.  How  long  have  you  been  acquainted  with  her  ?  A.  I  first  met  her  more 
than  twenty  years  ago  in  Alexandria ;  after  that  I  did  not  see  her  for  ten  years, 
and  since  then  only  in  transit  as  I  was  passing. 

Q.  Have  you  not,  within  the  past  two  years,  been  more  intimate  with  her  ? 
A.  I  have  scarcely  seen  her. 

Q.  Do  you  know  her  general  reputation  as  a  Christian  and  a  lady  ?  A.  I  have 
always  looked  upon  her  as  a  proper  Christian  lady. 

Q.  Have  you,  in  all  your  intercourse,  ever  heard  her  utter  a  disloyal  senti- 
ment ?    A.  Never ;  but  there  was  no  question  of  the  kind  at  the  time  I  knew  her. 

By  Judge  Holt : 

Q.  State  whether  you  have  probably  seen  her  since  the  beginning  of  the  Re- 
bellion. A.  I  do  not  remember  having  seen  her  at  all ;  I  have  no  knowledge 
whatever  of  her  character  for  loyalty  except  what  I  have  seen  in  the  papers. 

Testimony  of  Rev.  Father  Young. 

Q.  State  your  residence  and  occupation.  A.  Residence  at  Dominick's  Church, 
Washington  ;  I  am  a  Catholic  priest. 

Q.  Are  you  acquainted  with  the  prisoner,  Mrs.  Surratt?  A.  I  have  known  her 
I  think  about  eight  or  ten  years ;  I  cannot  say  that  my  acquaintance  has  been  of 
an  intimate  character ;  I  had  a  congregation  in  the  part  of  the  country  where  she 
lived,  and  in  passing  by  her  house  about  once  a  month  I  have  occasionally  called 
for  about  half  an  hour. 

Q.  Are  you  acquainted  with  her  general  reputation  as  a  Christian  lady?  A.  I 
am;  so  far  as  I  have  heard  it  spoken  of  it  has  been  with  the  greatest  praise;  I 
never  heard  anything  whatever  unfavorable  to  her  character,  but  on  the  contrary 
everything  highly  favorable. 

Note. — Father  Lanahan  was  also  examined  with  regard  to  Mrs.  Surratt's  char- 
acter, but  as  his  testimony  is  of  the  same  import  as  that  of  those  whose  testimony 
has  been  given  above  on  the  same  subject,  it  is  not  incorporated.  The  above  is 
all  the  testimony  directly  relating  to  the  case  of  Mrs.  Surratt  on  which  her  guilt 
or  innocence  could  be  established.  There  was  a  good  deal  of  testimony  given  in 
regard  to  photographs,  such  as  those  of  Davis,  Stephens,  General  Lee,  Beaure- 
gard, Booth,  McClellan,  Grant  and  Joe  Hooker,  which  had  been  given  to  the 
young  ladies  found  in  the  house,  but  as  it  is  of  no  importance  it  is  omitted. 


I 


810 


AMERICAN  BASTILE. 


After  the  testimony  had  been  concluded,  and  the  arguments 
of  counsel  submitted  to  the  Military  Commission,  it  met,  on  the 
28th  of  June,  in  secret  session,  to  deliberate,  but,  not  arriving  at 
a  decision  on  that  day,  it  adjourned  until  the  next  day,  the  29th, 
when  it  found  a  verdict  against  all  the  prisoners.  The  record  of 
the  Military  Commission  then  being  made  up,  it  was  forwarded 
to  the  War  Department  for  revision,  after  which  it  was  sent  to  the 
President  for  examination.  The  President  having  approved  of 
the  findings  and  sentences  of  the  Military  Commission,*  on  the 
6th  of  July  the  following  order  was  published : 

OFFICIAL  ORDER. 

War  Department,  Adjutant-General's  Office, 

Washington,  July  5,  1865. 
To  Major-General  W.  S.  Hancock,  United  States  Volunteers,  com- 
manding the  Middle  Military  Division,  Washington,  D.  C. : 
Whereas,  By  the  Military  Commission  appointed  in  paragraph  4, 
Special  Orders  No.  211,  dated  War  Department,  Adjutant-General's 
Office,  Washington,  May  6,  1865,  and  of  which  Major- General  David 
Hunter,  United  States  Volunteers,  was  President,  the  following  per- 
sons were  tried,  and,  after  mature  consideration  of  evidence  adduced 
in  their  cases,  were  found  and  sentenced,  as  hereinafter  stated,  as 
follows : 

Fifst.  David  E.  Harold.    *    *    *  * 
Second.  George  A.  Atzerodt.    *    *    *  * 
Third.  Lewis  Payne.    *    *    *  * 

Fourth.  Mary  E.  Surratt. — Finding  of  the  specification  guilty,  ex 
cept  as  to  receiving,  sustaining,  harboring  and  concealing  Samuel 
Arnold  and  Michael  O'Laughlin,  and  except  as  to  combining,  con- 
federating and  conspiring  with  Edward  Spangler;  of  this  not  guilty. 
Of  the  charge  guilty,  except  as  to  combining,  confederating  and  con- 
spiring with  Edward  Spangler;  of  this  not  guilty. 

Sentence. — And  the  Commission  does,  therefore,  sentence  her,  the 
said  Mary  E.  Surratt,  to  be  hung  by  the  neck  until  she  be  dead,  at 
such  time  and  place  as  the  President  of  the  United  States  shall 
direct,  two-thirds  of  the  members  of  the  Commission  concurring 
therein. 

*  Judge-Advocate-General  Holt  was  with  the  President  when  he  apprcred  of 
the  findings  and  sentences  as  rendered  by  the  Military  Commission. 


MARY    E.  SURRATT. 


811 


PRESIDENT  JOHNSON'S  APPROVAL. 

And  Whereas,  The  President  of  the  United  States  has  approved 
the  foregoing  sentences  in  the  following  order,  to  wit : 

Executive  Mansion,  July  5,  1865. — The  foregoing  sentences  in 
the  cases  of  David  E.  Harold,  G.  A.  Atzerodt,  Lewis  Payne  and 
Mary  E.  Surratt,  are  hereby  approved ;  and  it  is  ordered  that  the 
sentences  in  the  cases  of  David  E.  Harold,  G.  A.  Atzerodt,  Lewis 
Payne  and  Mary  E.  Surratt  be  carried  into  execution  by  the  proper 
military  authority,  under  the  direction  of  the  Secretary  of  War,  on 
the  7th  day  of  July,  1865,  between  the  hours  of  10  o'clock  A.  m.  and 
2  o'clock  p.  M.  of  that  day.  (Signed) 

Andrew  Johnson,  President. 

Therefore  you  are  hereby  commanded  to  cause  the  foregoing  sen- 
tences in  the  cases  of  David  E.  Harold,  G.  A.  Atzerodt,  Lewis  Payne 
and  Mary  E.  Surratt  to  be  duly  executed,  in  accordance  with  the  Presi- 
dent's order. 

By  command  of  the  President  of  the  United  States. 

E.  D.  Townsend,  Assistant  Adjutant-General. 

The  announcement  of  the  findings  of  the  Military  Commission 
and  the  approval  of  the  President  being  made  public  about  noon 
on  the  6th  of  July,  and  that  the  prisoners  condemned  to  death 
would  be  hanged  the  next  day,  produced  great  excitement. 

In  the  case  of  Mrs.  Surratt  the  excitement  was  unbounded, 
because  many  had  arrived  at  the  conclusion  that  the  testimony 
against  her  was  not  sufficient  to  convict  her ;  and,  in  addition  to 
this,  there  being  a  rumor  that  her  sentence  would  be  commuted 
to  imprisonment,  even  many  of  those  who  had  been  most  strenu- 
ous in  advocating  that  the  severest  punishment  should  be  imposed 
upon  all  the  prisoners,  were  now  anxious  to  have  her  sentence 
changed  to  imprisonment,  and  were  loud  in  their  arguments  in 
favor  of  the  commutation  of  her  sentence. 

Expecting  the  acquittal  of  Mrs.  Surratt,  or  at  least  a  light  sen- 
tence, her  counsel  were  shocked  when  they  learned  that  her  death 
had  been  decided  upon,  and  immediately  made  an  effort  to  have 
her  sentence  changed.  Mr.  Clampitt,  one  of  her  counsel,  says:* 
"About  five  o'clock  in  the  afternoon  of  the  6th  of  July,  while 

*  North  American  Review,  September,  1880. 


812 


AMERICAN  BASTILE. 


sitting  in  our  office  awaiting  the  findings  of  the  Commission,  we 
were  suddenly  startled  by  the  cry  of  the  news-boys  in  the  street, 
1  The  execution  of  Mrs.  Surratt ! 9 

"  We  found  to  our  dismay  that,  instead  of  an  acquittal,  or  at 
most  a  temporary  confinement  of  our  client,  the  judgment  of  the 
Military  Commission  had  been  that  of  death,  and  the  President 
had  signed  her  death-warrant.  So  sudden  was  the  shock,  so  un- 
expected the  result,  amazed  beyond  expression  at  the  celerity  of 
the  order  of  execution,  we  hardly  knew  how  to  proceed. 

"Acting  upon  the  first  impulse,  we  went  hastily  to  the  White 
House  and  endeavored  to  have  an  interview  with  the  President, 
'  in  the  hope  that  Executive  clemency  might  so  far  intervene  as  to 
grant  a  respite  for  a  few  days  at  least.  In  this  we  were  baffled* 
We  were  informed  that  the  President  would  see  no  one.  At- 
tempting to  pass  inside  of  the  main  doors,  we  were  met  by  Pres- 
ton King,  of  New  York,  who,  pointing  to  the  guard  of  soldiers 
stationed  at  the  foot  of  the  staircase  with  fixed  bayonets,  informed 
us  that  it  was  *  useless  to  attempt  an  issue  of  that  character/  We 
went  to  plead  for  three  days  of  life  for  this  poor  woman,  that  she 
might  arrange  her  earthly  affairs  and  prepare  for  eternity,  and  we 
were  denied  admission. 

"As  we  could  not  obtain  an  audience  with  the  President,  the 
aid  of  distinguished  gentlemen  was  sought.  They,  too,  were 
foiled.    *    *    *  * 

"  Our  next  movement  was,  in  company  with  the  daughter,  to 
go  to  the  Judge-Advocate-General  and  implore  his  services  in  her 
behalf.  Notwithstanding  he  had  conducted  in  chief  the  trial,  we 
thought  that,  touched  by  the  unutterable  woe  of  the  poor  girl, 
the  pitying  chords  of  sympathy  might  find  a  responsive  echo  in 
his  heart.  Our  plea  was  in  vain.  His  heart  was  chilled,  his 
soul  impassive  as  marble.  Upon  her  bended  knees,  bathed  in 
tears,  the  forlorn  girl  besought  him  to  go  to  the  President  and 
beg  a  respite  for  three  days — three  days  more  of  life  for  the 
mother  about  to  be  murdered  by  the  strong  arm  of  the  Govern- 
ment. Finally,  to  close  the  scene,  the  Judge- Advocate-General 
agreed  to  meet  us  at  the  Executive  Mansion  at  a  given  hour. 
We  reached  there  at  the  appointed  time.  He  had  gone  before  us, 
and  was  just  emerging  as  we  came. 


MART   E.  STTRRAT7. 


813 


"He  said:  ' I  can  do  nothing.  The  President  is  immovable. 
He  has  carefully  examined  the  findings  of  the  Commission,  and 
has  no  reason  to  change  the  date  of  execution,  and  you  might  as 
well  attempt  to  overthrow  this  building  as  to  alter  his  decision.' 
We  left  in  despair,  and  telegraphed  the  situation  to  Hon.  Reverdy 
Johnson,  requesting  his  immediate  presence.  He  was  at  his  home 
in  Baltimore  city,  and  telegraphed  the  following  reply :  'It  is 
very  late.  There  are  no  trains  to  carry  me  to  Washington  City, 
Apply  for  a  writ  of  habeas  corpus  and  take  her  body  from  the 
custody  of  the  military  authorities.  We  are  now  in  a  state  of 
peace,  not  war.'  It  was  now  nearly  midnight,  and  this  was  our 
last  hope.  But  to  whom  should  we  apply  for  the  writ?  What 
judge  on  the  bench  was  bold  enough  to  assert  the  sanctity  of  his 
ermine,  and  preserve  it  pure  in  the  face  of  popular  clamor  and 
the  well-known  spirit  of  lawlessness  that  characterized  those  in 
authority  ?  We  determined,  nevertheless,  to  make  the  attempt, 
and,  although  past  midnight,  proceeded  to  prepare  the  petition 
upon  which,  as  we  supposed,  hung  the  life  or  death  of  our  client. 
We  never  for  a  moment  doubted  the  efficacy  of  the  writ  could  we 
prevail  upon  its  issue. 

"  Completing  our  labor,  we  drove  immediately  to  the  residence 
of  the  Hon.  Andrew  Wylie,  and,  just  as  the  clock  tolled  the 
hour  of  two  in  the  morning,  rang  the  front  door-bell.  A  window 
above  us  was  raised,  and  the  well-known  voice  of  the  Judge 
greeted  us  with  the  query,  'What  do  you  want?'  We  answered, 
'  Important  business  of  a  judicial  character,  upon  which  hangs 
life  or  death/  The  window  closed,  and  in  a  few  moments  the 
Judge  admitted  us  into  his  study,  clad  only  in  his  dressing-gown, 
the  weather  being  warm.  The  Judge  listened  attentively  to  each 
sentence  of  our  petition,  which  was  of  some  length,  immovable, 
sitting  like  a  statue  in  the  glimmer  of  the  gas-light  overhead,  not 
interrupting  us  once  during  the  whole  of  the  reading,  and  the 
brief  argument  that  followed.  At  its  conclusion  he  took  the 
papers,  and  quietly  remarking,  '  Please  excuse  me,  gentlemen/ 
retired  to  his  chamber. 

*  *  *  "  In  a  few  moments  he  returned  with  the  papers  in 
his  hand,  remarking  :  ' Gentlemen,  my  mind  is  made  up.  I  have 
always  endeavored  to  perform  my  duty  fearlessly,  as  I  under- 


814 


AMERICAN    B  ASTILE. 


stand  it.  I  am  constrained  to  decide  the  points  in  your  petition 
well  taken.  I  am  about  to  perform  an  act  which,  before  to-mor- 
row's sun  goes  down,  may  consign  me  to  the  Old  Capitol  Prison. 
I  believe  it  to  be  my  duty,  as  a  judge,  to  order  the  writ  to  issue; 
and'  (taking  up  his  pen)  (I  shall  so  order  it.'*  With  many 
thanks  we  received  back  the  papers,  and  carried  them  in  person  to 
the  clerk  of  the  court,  who  made  out  the  writ  in  accordance  with 
the  order  of  Judge  Wylie,  and,  at  four  o'clock  in  the  morning,  we 
placed  it  in  the  hands  of  the  United  States  Marshal,  with  the  re- 
quest that  it  be  served  immediately  upon  General  Hancock,  the 
commandant  of  the  military  district  in  which  the  body  of  Mrs. 
Surratt  was  confined." 

THE  PETITION. 

The  following  is  a  copy  of  the  petition  : 

To  the  Hon.  Andrew  Wylie,  one  of  the  Justices  of  the  Supreme 
Court  of  the  District  of  Columbia. — The  petition  of  Mary  E.  Sur- 
ratt, by  her  counsel,  F.  A.  Aiken  and  John  W.  Clampitt,  most  re- 
spectfully represents  unto  your  Honor  that,  on  or  about  the  17th  day 
of  April,  a.  d.  1865,  your  petitioner  was  arrested  by  the  military 
authorities  of  the  United  States,  under  the  charge  of  complicity  with 
the  murder  of  Abraham  Lincoln,  late  President  of  the  United 
States,  and  has  ever  since  that  time  been  and  is  now  confined  on  said 
charge  under  and  by  virtue  of  the  said  military  power  of  the  United 
States,  and  is  in  the  special  custody  of  Major-General  W.  S.  Han- 
cock, commanding  Middle  Military  Division  ;  that,  since  her  said 
arrest,  your  petitioner  has  been  tried,  against  her  solemn  protest,  by 
a  military  commission,  unlawfully  and  without  warrant,  convened  by 

*  Because  the  Judges  of  the  Circuit  Court  of  the  District  of  Columbia  obeyed 
the  Constitution,  and  continued  to  issue  the  writ  of  habeas  corpus  according  to 
law,  after  the  war  began  as  they  had  done  before  it,  and,  being  coin  missioned 
to  act  during  good  behavior,  they  could  not  be  removed  except  by  impeach- 
ment, Congress  passed  an  Act,  which  was  approved  by  Mr.  Lincoln,  abolishing 
both  that  Court  and  the  Criminal  Court  of  the  District  and  created  a  new  Courtf 
composed  of  four  Judges,  called  the  Supreme  Court  of  the  District,  with  both 
civil  and  criminal  jurisdiction. 

Non-residents,  all  of  whom,  except  one,  had  the  reputation  of  being  extreme 
partisans,  and  who  could  be  relied  upon  by  the  Administration  to  act  in  the  in. 
terest  of  their  party,  were  then  appointed  Judges  of  the  new  Court.  Judge 
Wylie's  action,  in  the  case  of  Mrs.  Surratt,  showed  that  he  was  the  exceptional 
and  fearless  J udge,  and  that  his  ermine  was  not  polluted  by  politics. 


MARY    E.  SURKATT. 


815 


the  Secretary  of  War,  as  will  appear  from  paragraph  9,  Special 
Orders  No.  211,  dated  War  Department,  Adjutant-General's  Office, 
Washington,  May  the  6th,  1865,  and  by  said  Commission,  notwith- 
standing her  formal  plea  to  the  jurisdiction  of  the  said  Commission, 
is  now  unlawfully  and  unjustifiably  detained  in  custody  and  sen- 
tenced to  be  hanged  on  to-morrow,  July  7,  1865,  between  the  hours 
of  10  a.  m.  and  2  p.  M. ;  your  petitioner  shows  unto  your  Honor 
that,  at  the  time  of  the  commission  of  the  said  offense,  she  was  a 
private  citizen  of  the  United  States,  and  in  no  manner  connected 
with  the  military  authority  of  the  same,  and  that  said  offense  was 
committed  within  the  District  of  Columbia,  said  District  being  at  the 
time  within  the  lines  of  the  armies  of  the  United  States,  and  not 
enemy's  territory,  or  under  the  control  of  a  military  commander  for 
the  trial  of  civil  causes.  But,  on  the  contrary,  your  petitioner 
alleges  that  the  said  crime  was  an  offense  simply  against  the  peace  of 
the  United  States,  properly  and  solely  cognizable  under  the  Constitu- 
tion and  laws  of  the  United  States,  by  the  Criminal  Court  of  this 
District,  and  which  said  court  was  and  is  now  open  for  the  trial  of 
such  crimes  and  offenses.  Wherefore,  inasmuch  as  the  said  crime 
was  only  an  offense  against  the  peace  of  the  United  States,  and  not 
an  act  of  war,  inasmuch  as  your  petitioner  was  a  private  citizen  of 
the  same,  and  not  subject  to  military  jurisdiction,  or  in  anywise 
amenable  to  military  law;  inasmuch  as  said  District  was  the  peace- 
ful territory  of  the  United  States,  and  that  all  crimes  committed 
within  such  territory  are,  under  the  Constitution  and  Jaws  of  the 
United  States,  to  be  tried  only  before  its  criminal  tribunals,  with  the 
right  of  public  trial  by  jury.  Inasmuch  as  said  Commission  was  a 
military  commission,  organized  and  governed  by  the  laws  of  military 
court-martial,  and  unlawfully  convened  without  warrant  or  authority, 
and  when  she  had  not  the  right  of  public  trial  by  jury  as  guaranteed 
to  her  by  the  Constitution  and  laws  of  the  United  States,  that,  there- 
fore, her  detention  and  sentence  are  so  without  warrant  against  posi- 
tive law  and  unjustifiable ;  wherefore  she  prays  your  Honor  to  grant 
unto  her  the  United  States'  most  gracious  writ  of  habeas  corpus 
commanding  the  said  Major-General  W.  S.  Hancock  to  produce 
before  your  Honor  the  body  of  your  said  petitioner,  with  the  cause 
and  day  of  her  said  detention  to  abide,  etc.,  and  she  will  ever  pray. 

Mary  E.  Surratt. 
By  Frederick  A.  Aiken, 
Jno.  W.  Clampitt. 


816 


AMERICAN  BASTILE. 


INDORSEMENT  BY  THE  COURT. 

Indorsed — "Let  the  writ  issue  as  prayed,  returnable  before  the 
Criminal  Court  of  the  District  of  Columbia,  now  sitting,  at  the  hour 
of  10  o'clock  A.  m.,  the  seventh  day  of  July,  1865. 

"Andrew  Wylie, 
"A  Justice  of  the  Supreme  Court  of  the  District  of  Columbia, 

July  7th,  1865." 

SERVICE  OF  THE  WRIT. 

The  writ  was  served  on  General  Hancock  at  eight  and  a  half 
o'clock  in  the  morning,  and  the  marshal  made  the  return 
"served." 

At  the  opening  of  the  court  the  marshal  reported  that  General 
Hancock  had  not  yet  appeared,  and  that  it  was  now  past  the  hour 
for  his  appearance. 

The  counsel  for  Mrs.  Surratt  stated  that  if  his  client  was  guilty 
of  any  crime  it  was  cognizable  by  this  court,  and  not  by  a  military 
tribunal. 

The  court  said :  "  The  case  is  now  here  on  its  merits  on  the 
petition  of  the  party.  This  morning  at  an  early  hour  I  directed 
this  writ  of  habeas  corpus  to  issue.  The  writ  was  issued,  and  was 
served  on  General  Hancock,  who  has  the  custody  of  Mrs.  Sur- 
ratt, the  party  on  whose  behalf  the  writ  was  obtained.  The  writ 
required  him  to  have  the  body  of  Mrs.  Surratt,  with  the  cause  of 
her  detention,  before  this  court  this  morning  at  ten  o'clock.  He 
has  neglected  to  obey  the  order  of  the  court,  and  the  question  now 
before  us  is,  1  What  is  the  court  to  do  under  the  circumstances  ?' 

"  That  is  the  only  question  before  the  court  at  this  time.  Any 
discussion  on  the  merits  involved  would  now  be  out  of  place. 
The  court  acknowledges  that  its  powers  are  inadequate  to  meet 
the  military  power  possessed  by  General  Hancock.  If  the  court 
were  to  decide  at  this  moment  that  General  Hancock  was  in  con- 
tempt the  only  process  which  it  would  issue  would  be  an  attach 
ment  for  the  disregard  of  its  authority.  But  why  issue  an  attach- 
ment against  the  whole  military  power  of  the  United  States? 
This  court  acknowledges  that  the  laws  are  silent,  and  that  it  is 
without  power  in  the  premises,  and  therefore  declines  to  make 
any  order  whatever. 


MART    E.  SURRATT. 


817 


"  If  there  be  a  disposition  on  the  part  of  the  military  power  to 
respect  the  authority  of  the  civil  courts  they  will  respect  the  writ 
which  has  already  been  served.  If,  on  the  other  hand,  it  is  their 
determination  to  treat  the  authority  of  this  court  with  contempt 
in  this  matter,  they  have  the  power  and  will  to  treat  with  equal 
contempt  any  other  process  which  the  court  might  order.  The 
court,  therefore,  must  submit  to  the  extreme  physical  force  which 
now  holds  the  custody  of  the  petitioner,  and  decline  to  issue  an 
attachment  or  to  make  any  other  order  in  this  case." 

At  11 J  o'clock  a.  if.  Major-General  Hancock,  on  whom  the 
writ  was  served,  came  into  court  accompanied  by  Attorney-Gen- 
eral Speed.    The  attorney -general  said  : 

"  May  it  please  the  court :  In  regard  to  the  writ  of  habeas 
corpus  directed  to  General  Hancock,  I  desire  to  say,  by  way  of 
apology  for  his  not  sooner  making  a  return,  that  the  process  was 
not  served  upon  him  until  about  breakfast  time  this  morning,  and 
that  owing  to  his  having  a  great  many  persons  to  see,  and  a  great 
many  important  matters  requiring  immediate  attention,  and  his 
distance  from  the  court-house,  he  was  not  able  to  get  here  at  an 
earlier  hour.  I  wish  to  assure  the  court  that  no  disrespect  was 
intended  to  it  by  the  delay  to  which  it  has  been  unavoidably  sub- 
jected." 

General  Hancock,  in  obedience  to  the  writ,  then  made  the  fol 
lowing  return : 

"  Headquarters  Middle  Military  Division, 
"  Washington,  D.  C,  July  7, 1865. 
"  To  Hon.  Andrew  Wylie,  Justice  of  the  Supreme  Court  of  the 
District  of  Columbia : 

"  I  hereby  acknowledge  the  service  of  the  writ  hereto  attached, 
and  return  the  same  and  respectfully  say  that  the  body  of  Mary  E, 
Surratt  is  in  my  possession,  under  and  by  virtue  of  an  order  of 
Andrew  Johnson,  President  of  the  United  States  and  Commander-in- 
Chief  of  the  army,  for  the  purposes  in  said  order  expressed,  a  copy 
of  which  is  hereto  attached  and  made  part  of  this  return,  and  that  I 
do  not  produce  said  body  by  reason  of  the  order  of  the  President  of 
the  United  States  indorsed  upon  said  writ,  to  which  reference  is 
hereby  respectfully  made,  dated  July  7,  1865. 

"  Winfield  S.  Hancock, 

"  Major-General  United  States  Volunteers,  Commanding,  etc." 
62 


818 


AMERICAN  BASTILE. 


THE  PRESIDENT'S  INDORSEMENT. 

"  Executive  Office,  July  7, 1865 — 10  A.  M. 
"  To  Major-General  W.  S.  Hancock,  Commanding,  etc. : 

"I,  Andrew  Johnson,  President  of  the  United  States,  do  hereby 
declare  that  the  writ  of  habeas  corpus  has  been  heretofore  suspended 
in  such  cases  as  this,  and  I  do  hereby  especially  suspend  this  writ, 
and  direct  that  you  proceed  to  execute  the  order  heretofore  given 
upon  the  judgment  of  the  Military  Commission,  and  you  will  give  this 
order  in  return  to  this  writ. 

"  Andrew  Johnson,  President." 

Judge  Wylie  then  said : 

u  This  court  finds  itself  powerless  to  take  any  further  action  in 
the  premises,  and  therefore  declines  to  make  orders  which  would 
be  vain  for  any  practical  purpose.  As  regards  the  delay,  it  hav- 
ing been  fully  accounted  for,  the  court  has  no  fault  to  attach  to 
the  respondent  in  that  respect.* 

"The  writ  was  applied  for,  and  I  had  no  authority  to  refuse  to 
grant  it.  It  is  a  writ  dear  and  sacred  to  every  lover  of  liberty, 
indispensable  to  the  protection  of  citizens,  and  can  only  be  con- 
stitutionally set  aside  in  times  of  war  and  insurrection,  when  the 
public  safety  requires  it,  and  in  regard  to  offences  committed  in 
connection  with  the  army  or  the  militia  when  called  into  active 
service. 

"  With  reference  to  the  merits  of  this  case,  which  has  occupied 
60  much  of  the  attention  of  the  public,  and  in  face  of  the  whole 
civilized  world,  it  would  be  out  of  place  for  the  court  to  express 
any  opinion.  The  case  is  not  before  it.  The  court  can  only  say 
that  it  has  no  doubt  that  the  gentlemen  connected  with  the  gov- 
ernment, who  have  had  the  duty  of  conducting  this  trial,  are 
truly  convinced  in  their  own  minds  as  to  the  manner  in  which 
they  have  performed  their  duties.  I  did  not  feel  at  liberty;  I 
could  not;  I  dared  not  refuse  to  grant  the  writ. 

"  The  return  which  has  been  made  to  the  writ  is  from  the  Presi- 

*  The  President  having  suspended  the  writ  of  habeas  corpus,  in  the  case  of  Mrs. 
Surratt,  at  10  o'clock  A.  M.,  the  morning  of  the  day  of  her  execution,  it  was  useless 
for  General  Hancock,  except  to  obey  the  mandate  of  the  court,  to  appear  and  make> 
return  to  the  writ,  earlier  than  he  did,  because  the  suspension  of  the  writ,  by  thi 
President,  had  already  sealed  the  fate  of  Mrs.  Surratt. 


MART    E.  SURRATT. 


819 


dent  of  the  United  States,  and  declares  that  the  writ  of  habeas 
corpus  is  to  be  suspended  in  this  case  as  has  been  in  other  and 
similar  cases.  The  court  has  no  further  power  in  the  case;  if  the 
government  desires  to  carry  out  its  purpose  in  regard  to  the  peti- 
tioner, the  court  cannot  prevent  it;  and  I  do  not  know  that  it 
would  be  possible,  ever  hereafter,  to  bring  the  case  for  argument  in 
this  court,  for  if  the  petitioner  be  executed  this  day,  as  designed, 
the  body  cannot  be  brought  into  court,  and  there  is  an  end  to  the 
case.  The  jurisdiction  of  this  court  yields  to  the  suspension  of 
the  writ  of  habeas  corpus  from  the  President  of  the  United 
States." 

General  Hancock  then  asked  leave  to  retire,  which  was  granted. 

The  last  act  that  could  be  done  through  the  forms  of  law  to 
6ave  the  life  of  Mrs.  Surratt,  except  a  respite  or  a  pardon  by  the 
President,  had  now  been  performed. 

The  hope  that  the  President  would  pardon  her,  or  at  least  grant 
her  a  reprieve,  and  that  the  annals  of  their  country  would  not  be 
blackened  by  the  extra-judicial  murder  of  a  woman  still  lingered 
in  the  breasts  of  those  who  believed  her  to  be  innocent  of  the 
crime  with  which  she  was  charged.  But  the  President,  under 
the  advice  of,  and  influenced  by  those,  who,  prompted  by  malice 
and  partisan  zeal,  and  thirsting  for  vengeance,  had,  without  law, 
condemned  her  to  an  ignominious  death,  remained  callous  to  every 
appeal  of  justice. 

Further  intercession  was  useless.  The  scaffold  had  been  erected 
— the  gallows  prepared,  and  John  F.  Hartranft,  who  had  been 
assigned  the  unenviable  position  to  execute  the  mandate  of  the 
military  commission,  had  already  informed  the  prisoner  of  her 
fate.  It  was  now  one  o'clock.  Her  life  was  on  the  verge  of  its 
close.  Hope  had  fled.  The  hour  had  come,  and  Mrs.  Surratt, 
supported  by  Lieutenant-Colonel  McCall  and  Sergeant  Kinney, 
and  preceded  by  Fathers  Walter  and  Wiget,  bearing  a  crucifix 
before  her,  was  conducted  to  the  place  of  execution.  It  was  a 
solemn  scene.  On  the  one  hand  were  the  men,  who,  acting  with- 
out law,  were  about  to  offer  up  this  proscribed  woman,  a  sacrifice 
— for  what?  On  the  other  hand  the  woman  fervently  praying, 
u  Father,  forgive  them  ;  for  they  know  not  what  they  do." 

General  Hartranft  reads  the  order  for  the  execution — he  gives 


820 


AMERICAN  BASTILE. 


the  signal — the  drop  falls  and  the  spirit  of  Mary  E.  Surratt  is 
u&hered  into  eternity. 

In  analyzing  and  commenting  on  the  testimony  on  which  Mary 
E.  Surratt  was  convicted  and  executed,  as  a  confederate  in  the 
assassination  of  Abraham  Lincoln,  we  will  do  so  as  if  she  had  been 
tried  in  a  court  of  justice  and  not  by  a  military  commission.  It 
will  not  be  pretended,  at  this  day,  by  any  lawyer  of  reputation  in 
his  profession,  or  layman  versed  in  the  science  of  this  government, 
that  a  military  commission,  created,  without  law,  by  the  edict  of 
one  man,  has  a  right  to  try,  convict  and  sentence  a  person  con- 
nected with  the  army  or  navy,  because  courts-martial  are  author- 
ized, by  law,  to  be  established  and  organized  according  to  law  for 
that  purpose. 

If  a  person,  therefore,  connected  with  the  army  or  navy  cannot 
be  legally  tried  and  punished  by  a  military  commission,  created 
without  law,  how  can  a  citizen,  not  connected  with  the  army  or 
navy,  be  thus  tried,  especially  when  the  civil  courts  are  open  and 
their  process  unobstructed  and  the  country  is  in  a  state  of  peace. 
Such  a  mode  of  administering  justice  has  never  been  recognized  in 
any  country  where  the  civil  law  was  in  existence  and  peace  pre- 
vailed, and  seldom  attempted  even  when  war  was  being  waged. 

Although  Cicero  declared  that  the  laws  were  silent  amidst  arms, 
yet  Cataline,  who  was  accused  of  conspiring  to  destroy  the  liber- 
ties of  his  country,  was,  together  with  his  co-conspirators,  notwith- 
standing he  was  supported  by  an  army  of  twenty  thousand  men, 
tried,  convicted  and  condemned  to  death  by  a  civil  tribunal 
according  to  the  Roman  civil  law,  Cicero  himself  being  one  of  the 
principal  lawyers  in  the  prosecution.  Even  in  France,  during  the 
French  revolution,  when  the  blood  of  the  citizen  was  demanded 
on  a  simple  accusation,  the  National  Convention  established  the 
revolutionary  tribunal — a  civil  institution — preferring  that  the 
civil  law  should  be  supreme  in  the  trial  of  citizens,  however  much 
it  was  disregarded  in  the  mock  trials  of  the  condemned. 

In  England  a  military  commission,  as  an  institution,  has  never 
been  heard  of ;  and  when  the  Rev.  John  Smith  was  tried  and  con- 
victed at  Demarara,  even  by  a  court-martial,  not  by  a  military 
commission,  as  was  Mrs.  Surratt,  on  the  accusation  that  he  was 
aiding  and  abetting  a  rebellion  in  that  colony,  the  trial  and  con- 


MART    E.  SURRATT. 


821 


viction  were  denounced  in  Parliament,  because  the  offence  could 
have  been  tried  in  the  civil  courts,  which  were  open,  and  for  the 
reason  that  "  When  the  laws  can  act,  every  other  mode  of  punishing 
supposed  crimes  is  itself  an  enormous  crime." 

After  the  long  period,  during  which  the  supremacy  of  the  civil 
law  was  recognized  in  all  civilized  countries,  in  the  trial  of  citizens, 
not  connected  with  the  army  or  navy,  an  administration  of  the 
government  in  this  country  established  military  tribunals  for  the 
trial  of  citizens  when  it  was  known  they  could  not  be  convicted  in 
the  civil  courts.  And  notwithstanding  the  position  that  the  Presi- 
dent had  a  right  to  establish  military  commissions  for  the  trial  of 
citizens  in  States  where  war  did  not  exist  and  where  the  civil  courts 
were  open  and  unobstructed,  was  maintained,  by  the  adherents  of 
Mr.  Lincoln,  on  the  ground  of  military  "necessity"  during  the 
war,  yet  the  same  position  was  adhered  to  by  the  advocates  of  this 
doctrine,  even  after  the  war  was  over  and  when  peace  existed. 
During  the  trial  of  Mrs.  Surratt  this  position  was  maintained  on 
the  ground  that  President  Lincoln  was  commander-in-chief  of  the 
army  and  navy,  and,  therefore,  a  military  commission  had  a  right 
to  try  those  accused  of  being  in  a  conspiracy  to  assassinate  him. 
Nor  was  this  false  position  dissipated  until  the  decision  of  the 
Supreme  Court  of  the  United  States,  in  the  Milligan  case,  in  1866, 
which  declared  that  the  establishment  of  military  commissions, 
being  without  law,  and  contrary  to  the  genius  of  our  institutions^ 
was  void  from  the  beginning. 

Like  Mrs.  Surratt,  Milligan  was  sentenced,  by  a  military  com- 
mission, to  be  hanged,  and  doubtless  would  have  been  hanged  but 
for  the  interposition  of  the  decision  of  the  Supreme  Court  of  the 
United  States.  We  must  therefore  conclude,  our  opinion  being 
based  on  the  decision  of  the  Supreme  Court,  that  the  execution  of 
Mary  E.  Surratt  was  extra-judicial  murder,  which  all  who  yield 
to  the  law  of  the  land  must  also  admit. 

Ignoring  the  military  commission,  which  acted  without  jurisdic- 
tion, the  question  seems  pertinent:  Could  Mrs.  Surratt  have 
been  convicted,  in  a  court  of  justice,  by  the  testimony  submitted 
to  the  military  commission? 

This  is  a  question  which  not  only  interests  the  people  of  the 
present  day  but  also  posterity. 


822 


AMERICAN  BASTILE. 


In  reviewing  the  testimony,  in  the  case  of  Mrs.  Surratt,  it  must 
be  borne  in  mind  that  testimony  is  one  thing,  evidence  another,  and 
proof  still  another.  Testimony  is  the  declaration  of  a  witness 
under  oath,  evidence  the  effect  of  that  declaration  on  the  mind, 
and  proof  that  degree  of  evidence  which  convinces  the  mind  of  the 
certainty  of  truth,  or  fact,  and  produces  belief.  It  must  also  be 
borne  in  mind  that  the  declarations  of  witnesses,  who  are  them- 
selves suspected  and  under  arrest  for  the  same  crime  with  which 
the  defendant  on  trial  is  charged,  are  not  disinterested  declara- 
tions, and,  therefore,  must  be  received  with  caution  as  proof  of 
the  guilt  of  the  defendant.  In  a  court  of  justice  over  which  a 
proper  judge,  learned  in  the  law,  presides,  the  animus  or  the  in- 
tention of  the  witness  will  be  ascertained  by  such  methods  as  the 
law  provides,  after  which  the  proof  as  far  as  possible  will  be  sifted 
out  of  the  testimony  and  the  jury  instructed  that,  should  there  be 
any  doubt  of  guilt,  the  benefit  of  that  doubt  must  be  given  to  the 
defendant. 

The  members  of  the  military  commission,  which  tried  Mrs. 
Surratt,  were  officers  of  the  army,  none  of  whom,  with  two  or 
three  exceptions,  were  bred  to  the  profession  of  the  law,  and  hence 
were  without  a  knowledge  of  procedure  in  civil  courts  or  the  rules 
governing  the  admission  or  rejection  of  evidence. 

Such  were  the  men  selected  as  judges  and  jurors  in  the  case  of 
Mrs.  Surratt,  whose  life  was  at  stake.  When  the  action  of  the 
commission,  its  first  sessions  being  held  in  secret,  its  disregard  of 
law  and  the  rules  of  evidence,  its  subserviency  to  the  dictates  of 
the  judge-advocate-general  and  his  assistants  in  the  admission  or 
rejection  of  evidence,  is  considered,  the  conclusion  that  it  was 
formed  to  convict  seems  inevitable.  The  reader,  therefore,  should 
remember  that  much  of  the  testimony,  as  given  above,  would  not 
have  been  admitted  in  a  court  of  justice.  In  critically  examining 
the  testimony  had  before  the  military  commission,  in  the  case  of 
Mrs.  Surratt,  it  is  impossible  to  find  any  proof,  either  positive  or 
circumstantial,  establishing  her  guilt.  There  are  but  three  points 
to  be  considered. 

First. — Proof  that  she  was  connected  with  or  knew  of  a  con- 
spiracy to  murder  the  President,  before  she  drove  to  Surrattsville, 
on  the  11th  of  April. 


MARY    E.  SURRATT. 


823 


Second. — Proof  that  she  was  connected  with  or  knew  of  a  con- 
spiracy to  murder  the  President,  when  she  drove  to  Surrattsville, 
on  the  11th  and  14th  days  of  April,  and  that  she  went  there  in 
the  interest  of  such  a  conspiracy. 

Third. — Proof  that  she  recognized  Payne  when  he  called  at  her 
house,  on  the  night  of  the  17th  of  April,  and  that  she  denied  that 
she  knew  him  to  shield  herself  from  suspicion  that  she  was  con- 
nected with  or  knew  of  a  conspiracy  to  murder  the  President. 

First — Was  there  any  proof  that  Mrs.  Surratt  was  connected 
with  or  knew  of  a  conspiracy  to  murder  the  President,  before  she 
drove  to  Surrattsville,  on  the  11th  of  April? 

If  there  were  any  proof  that  Mrs.  Surratt  was  connected  with 
or  knew  of  a  conspiracy  to  murder  the  President,  before  the  11th 
of  April,  it  must  be  gathered  from  the  testimony  of  Lewis  J. 
Weichman,  who  boarded  and  lodged  at  her  house.  According  to 
his  testimony,  Payne  called  at  Mrs.  Surratt's  house  about  eight 
weeks  before  the  assassination  of  Mr.  Lincoln,  and  was  met  at  the 
door  by  Weichman.  Payne  inquired  for  John  H.  Surratt,  who 
being  absent,  he  asked  if  Mrs.  Surratt  was  in,  and  being  told  that 
she  was,  he  was  introduced  to  the  family  by  Weichman,  as  Wood. 
Payne  took  supper,  in  Weichman's  room,  remained  all  night — 
whether  in  Weich man's  room  or  not  does  not  appear — and  left  the 
next  morning.  He  called  again  in  about  three  weeks,  was  again 
met  at  the  door  and  shown  into  the  parlor  by  Weichman,  who  in- 
troduced him,  this  time,  to  the  ladies,  as  Payne.  Payne  was  well 
dressed  in  a  complete  suit  of  gray,  remained  three  days,  and  the 
presumption  is,  roomed  with  Weichman,  because  Weichman  in 
his  testimony  says:  "One  day  I  found  a  false  moustache  on  the 
table  in  my  room ;  I  threw  it  into  a  little  toilet- box,  and  Payne 
searched  for  it,  and  inquired  for  his  moustache.  I  was  sitting  in 
the  chair,  and  did  not  say  anything.  I  retained  it  ever  since/' 
There  is  no  evidence  whatever  that  Payne,  at  either  time  he  was 
at  Mrs.  Surratt's  house,  was  seen  to  have  a  private  interview  with 
her,  or  that  she  treated  him  otherwise  than  she  did  other  persona 
who  came  to  her  house. 

Weichman  testified  that  Atzerodt  also  called  and  inquired  for 
John  H.  Surratt,  who  not  being  at  home,  he  remained  all  night, 
but  left  after  seeing  Surratt  on  his  return  home  the  next  morning. 


824 


AMERICAN  BASTILE. 


He  called  at  the  house  a  number  of  times  afterward,  but  Mrs. 
Surratt  having  objected  to  his  coming,  his  visits  ceased.    As  in 
the  case  of  Payne,  there  is  no  evidence  whatever  that  Mrs.  Sur- 
ratt had  any  private  interviews  with  Atzerodt.    Booth  called  fre- 
quently, as  the  friend  of  John  H.  Surratt,  and,  in  his  absence,  in- 
quired for  Mrs.  Surratt.    Weichman  says  that  the  interviews 
between  Booth  and  Surratt  were  always  held  apart.    He  testified: 
"I  have  been  in  company  with  Booth  in  the  parlor  with  Surratt, 
but  Booth  has  taken  Surratt  to  a  room  up-stairs,  and  engaged  in 
a  private  conversation  up  there;  he  would  say:  1  John,  can  you 
spare  me  a  word?  come  up-stairs;'  they  would  go  up  and  engage 
in  private  conversation,  which  would  last  two  or  three  hours." 
In  answer  to  the  question,  "Did  the  same  thing  occur  with  Mrs. 
Surratt?"  Weichman  answered  "Yes."    This  answer  would,  of 
course,  produce  the  impression  that  Booth,  in  the  absence  of  John 
H.  Surratt,  would  take  Mrs.  Surratt  to  a  room  up-stairs,  and  there 
engage  in  private  conversation  with  her,  which  would  last  two  or 
three  hours.    In  cross-examination,  however,  in  answer  to  the 
question,  "Did  you  ever  see  Mrs.  Surratt  leave  the  parlor  to  have 
a  private  interview  with  Booth?"  Weichman  responded:  "Fre- 
quently; she  would  go  into  the  passage  and  talk  with  him;"  and 
when  asked  "How  much  time  did  these  interviews  generally  oc- 
cupy?" he  answered:  "Generally  not  more  than  five  or  eight 
minutes."    The  answers  in  this  cross-examination  are  very  im- 
portant, because  there  is  a  great  difference  between  two  persons 
going  "up-stairs"  to  a  room  and  there  holding  a  private  inter- 
view for  two  or  three  hours,  and  two  persons  leaving  the  parlor 
and  talking  together  for  Jive  or  eight  minutes  in  the  public  hall  of 
a  house,  where  they  would  be  subject  to  interruption  at  any 
moment. 

It  will  be  perceived  that  the  witness,  Weichman,  failed  to  say 
whether  after  these  "talks"  in  the  hall,  Booth  returned  to  the 
parlor,  or  whether  they  were  had  on  the  eve  of  his  departure  from 
the  house.  If  he  returned  to  the  parlor  it  might  create  suspicion, 
but  if  he  did  not,  it  was  perfectly  proper  for  Mrs.  Surratt  to  ac- 
company him  to  the  hall,  and  there  occupy  five  or  eight  minutes 
in  general  conversation  with  him  before  he  left  her  house. 

As  we  can  discover  nothing  in  the  testimony  up  to  the  11th  of 


MART    E.  SURKATT. 


825 


April,  that  would,  in  a  Court  of  Justice,  criminate  Mrs.  Surratt, 
we  will  examine  the  testimony  in  regard  to  the  next  point, 
namely : 

Second. — Was  there  any  proof  that  Mrs.  Surratt  was  connected 
with  or  knew  of  a  conspiracy  to  murder  the  President,  when  she 
drove  to  Surrattsville,  on  the  11th  and  14th  days  of  April,  and 
that  she  went  there  in  the  interest  of  such  a  conspiracy? 

On  Tuesday,  the  11th  of  April,  Weichman,  at  the  request  of 
Mrs.  Surratt,  called  on  Booth  at  the  National  Hotel,  to  borrow  his 
buggy  to  drive  Mrs.  Surratt  to  Surrattsville.  Booth  having  pre- 
viously promised  the  use  of  his  buggy  to  Mrs.  Surratt  when  she 
wanted  it,  but  having  sold  it,  said  to  Weichman,  "Here  is  ten 
dollars,  go  and  hire  one,"  which  Weichman  did.  In  direct  ex- 
amination Weichman  says  he  and  Mrs.  Surratt  left  Washington 
at  10  o'clock,  reached  Surrattsville  at  12  o'clock,  and  only  re- 
mained there  half  an  hour,  and  that  "  Mrs.  Surratt  said  she  went 
for  the  purpose  of  seeing  Nothy,  who  owed  her  money." 

From  this  testimony  we  cannot  learn  whether  Mrs.  Surratt, 
after  remaining  at  Surrattsville  half  an  hour,  accomplished  the 
object  of  her  visit  or  not;  but  in  cross-examination,  in  answer  to 
the  question,  "Did  she  tell  you  what  her  object  was  in  going?" 
Weichman  replied:  "She  said  to  see  Nothy,  who  owed  her  some 
money,  and  the  interest  on  it  for  thirteen  years."  When  asked 
"Do  you  know  whether  she  saw  him?"  Weichman  answered: 
"When  we  arrived  at  the  village  Mr.  Nothy  was  not  there,  and 
fihc  told  the  bar-keeper  to  send  a  messenger  for  him,  and  he  sent 
one.  In  the  meantime  we  went  to  Captain  Gwynne's  house;  re- 
mained there  two  hours,  and  took  dinner.  He  said  he  would  like 
to  return  with  us,  and  he  did,  to  Surrattsville;  on  returning  we 
found  Nothy,  and  she  transacted  her  business  with  him." 

Is  it  not  plain  that  Weichman  knew  exactly  for  what  purpose 
Mrs.  Surratt  went  to  Surrattsville  on  the  11th?  Had  he  not  pre- 
viously written  a  letter  for  her,  to  Nothy,  as  follows:  "Mr. 
Nothy:  Unless  you  come  forward  and  pay  that  bill  at  once  I  will 
begin  suit  against  you  immediately?"  Did  he  not  know  that  the 
amount  of  Mrs.  Surratt's  claim  against  Nothy  was  $439  with 
interest,  which  he  had  calculated,  on  it  for  thirteen  years?  Did 
he  not  know  that  after  Mrs.  Surratt's  return  from  Captain 


826 


AMERICAN  BASTILE. 


G Wynne's  to  Snrrattsville  she  saw  Nothy,  and  after  transacting 
her  business  with  him  immediately  returned  home? 

Now  there  would  be  no  controversy  whatever  about  the  object 
of  Mrs.  Surratt's  visit  to  Snrrattsville  on  the  11th  of  April  had 
not  John  M.  Lloyd  testified  that  he  met  her  that  day  on  the 
road  near  Uniontown,  and  that  in  the  course  of  conversation  she 
asked  him  about  the  "shooting-irons,"  which  lie  told  her  were 
hidden  away  ;  when,  he  says,  she  said,  they  would  be  wanted 
soon.  As  this  testimony  of  Lloyd  will  have  to  be  considered  in 
connection  with  his  testimony,  as  to  what  conversation  took  place 
between  him  and  Mrs.  Surratt  on  the  Friday  following,  we  will 
now  inquire  into  the  object  of  Mrs.  Surratt's  visit  to  Surrattsville 
on  Friday,  the  14th  of  April. 

On  Friday,  the  14th  of  April,  AVeichman,  according  to  his 
testimony,  was  again  asked  by  Mrs.  Surratt  to  hire  a  buggy  and 
drive  her  to  Surrattsville,  as  she  had  that  day  received  a  letter 
which  compelled  her  to  go.    The  letter  was  as  follows: 

Riversdale,  April  12th,  1865. 

Mrs.  M.  E.  Surratt: 

Dear  Madam:  During  a  late  visit  to  the  lower  portion  of  the 
county  I  ascertained  of  the  willingness  of  Mr.  Nothy  to  settle  with 
you,  and  I  desire  to  call  your  attention  to  the  fact,  in  urging  the  set- 
tlement of  the  claim  of  my  father's  estate.  However  unpleasant,  I 
must  insist  upon  closing  up  this  matter,  as  it  is  imperative  in  an 
early  settlement  of  the  estate,  which  is  necessary.  You  will,  there- 
fore, please  inform  me,  at  your  earliest  convenience,  as  to  how  and 
when  you  will  be  able  to  pay  the  balance  remaining  due  on  the  land 
purchased  by  your  late  husband. 

Yours  respectfully, 
(Signed)  George  H.  Calvert,  Jr. 

Weichman  testified  that  he  went  to  the  livery  stable  at  half-past 
two  o'clock,  at  which  place  and  time  he  met  Atzerodt.  After  he  had 
hired  a  buggy  he  went  with  Atzerodt  to  the  post-office,  got  a  letter 
and  either  went  immediately  to  his  room,  at  Mrs.  Surratt's,  or  again 
went  to  the  livery  stable,  got  the  buggy  he  had  hired,  drove  to 
Mrs.  Surratt's  and  then  went  to  his  room,  for  he  testified  that  when 
he  was  going  out  at  the  door  he  w  met  Mrs.  Surratt  speaking  to 


MART    E.  SURKATT. 


827 


Booth  alone  in  the  parlor,"  that  Booth  didn't  remain  more  than 
three  or  four  minutes,  and  that  immediately  after  he  left  they — 
Weichman  and  Mrs.  Surratt — started  for  the  country.  This,  he 
testified,  was  at  half-past  two  o'clock,  precisely  at  the  same  time, 
he  testified,  he  met  Atzerodt  at  the  livery  stable.  When  he  and 
Mrs.  Surratt  started,  he  says,  there  were  two  packages  placed  in 
the  bottom  of  the  buggy — one  containing  letters  concerning  Mrs. 
Surratt's  estate,  and  the  other  a  smaller  package  about  six  inches 
in  diameter  which  looked  like  two  or  three  saucers  wrapped  in 
paper.  They  arrived  at  Surrattsville  about  half-past  four 
o'clock,  remained  until  about  half- past  six,  and  reached  home 
about  half-past  nine  or  ten.  According  to  the  evidence,  when 
Mrs.  Surratt  arrived  at  Lloyd's  she  went  into  the  parlor.  Her 
brother,  J.  Z.  Jenkins,  who  was  at  Surrattsville  when  she  drove 
up,  met  her  there.  She  showed  him  the  letter  she  had  that  day 
received  from  George  Calvert,  and  also  two  judgments  obtained 
by  Charles  B.  Calvert  in  the  Circuit  Court  of  Prince  George 
county,  Maryland,  against  her  late  husband,  John  H.  Surratt. 
After  examining  the  papers  Mr.  Jenkins  made  a  calculation  of  the 
interest  on  the  judgments,  when  Mrs.  Surratt  wrote  the  following 
letter  to  Nothy : 

Surrattsville,  Md.,  April  lith,  1865. 

Mr.  John  Nothy  : 

Sir:  I  have  this  day  received  a  letter  from  Mr.  Calvert,  intimat- 
ing that  either  you  or  your  friends  have  represented  to  him  that  I  am 
not  willing  to  settle  with  you  for  the  laud.  You  know  that  I  am 
ready,  and  have  been  waiting  for  you  for  the  last  two  years  ;  and  now, 
if  you  do  not  come  within  the  next  ten  days,  I  will  settle  with  Mr. 
Calvert  and  bring  suit  against  you  immediately.  Mr.  Calvert  will 
give  you  a  deed  on  receiving  payment. 

(Signed)  M.  E.  Surratt, 

Administratrix  of  J.  H.  Surratt. 

Mrs.  Surratt  having  transacted  her  business  and  given  Mrs. 
Offutt  a  package  when  she  was  in  the  parlor,  which  she  said  she 
was  requested  to  leave  there,  was  ready  to  go  home  when  Captain 
Gwynne,  whom  she  wanted  to  see,  passed  in  his  carriage.  She 
called  to  him  and  he  stopped.  She  then  gave  him  the  letter  she 
had  written  to  Nothy — of  which  the  above  is  a  copy — to  carry  to 


828 


AMERICAN  BASTILE. 


Lira  (Mr.  Nothy),  requesting  him  to  read  it  first,  which  he  did. 
After  Captain  Gwynne  left,  Mrs.  Surratt  was  starting  out  to  go 
home,  when  Lloyd  drove  up.  James  Lusby,  who  came  from 
Marlborough  with  Lloyd,  and  who  arrived  at  Surrattsville  a 
minute  or  two  before  Lloyd,  in  his  testimony  says  that  Mrs.  Sur- 
ratt's  buggy  was  waiting  for  her  when  Lloyd  drove  up.  She 
then  stopped  and  had  some  conversation  with  Lloyd  in  the  back 
yard,  where  he  drove  when  he  arrived  home. 

The  following  are  the  two  stories  Lloyd  told  in  regard  to  the 
conversation  he  alleges  Mrs.  Surratt  had  with  him  at  this  time. 
His  first  story  is  his  confession  to  Captain  Cottingham,  when  he 
was  arrested  and  put  in  the  guard-house  at  Surrattsville.  His 
second  story  is  his  testimony  before  the  Military  Commission.  His 
confession,  as  sworn  to  by  Captain  Cottingham,  is  as  follows: 
That  Mrs.  Surratt  had  come  down  to  his  place  on  Friday  (the 
14th)  between  four  and  five  o'clock ;  that  she  told  him  to  have 
the  14 fire-arms"  ready,  that  two  men  would  call  for  them  at 
twelve  o'clock;  that  the  two  men  did  call;  that  Harold  dis- 
mounted from  his  horse  and  came  into  the  tavern  and  said,  "  I 
have  something  to  tell  you;"  that  Harold  then  told  him  to  get 
those  fire-arms;  that  the  fire-arms  were  brought  down,  and 
Harold  took  one;  that  Booth's  carbine  was  carried  to  him — 
whether  by  Harold  or  Lloyd,  Captain  Cottingham  could  not 
remember — but  that  Booth  said  he  could  not  carry  a  carbine — it 
was  as  much  as  he  could  do  to  carry  himself;  that  his  leg  was 
broken  ;  that  Booth  said,  "  We  have  murdered  the  President"  and 
that  Harold  said,  "  We  have  picked  off  Seward;  "  that  the  carbine 
that  Booth  could  not  carry  was  up-stairs ;  that  Mrs.  Surratt  had 
some  bags  over  it, 

Lloyd's  story  as  told  to  the  Military  Commission  was  as  follows : 
That  on  the  Tuesday  (11th)  before  the  assassination  he  met 
Mrs.  Surratt  near  Uniontown,  when  she  was  on  her  way  to  Sur- 
rattsville; that  they  had  passed  each  other;  that  he  stopped  and 
saw  it  was  she,  and  got  out  and  went  to  her  buggy ;  that  she 
asked  him  about  the  "shooting  irons;"  that  he  told  her  they 
were  hidden  away;  that  she  said  they  would  be  wanted  soon; 
that  on  Friday,  the  14th,  the  day  on  which  the  President  was 
assassinated,  she  came  to  his  house;  that  at  about  five  o'clock,  on 


MARY    E.  SURRATT. 


829 


his  arrival  home  from  Marlborough,  she  met  him  at  the  wood  pile  ; 
that  the  first  thing  she  said  was,  "  Talk  about  the  devil  and  some 
of  his  imps  will  appear;  "  that  she  told  him  to  have  the  "shooting 
irons"  ready  that  night,  that  some  parties  would  call  for  them 
that  night;  that  she  gave  him  something  in  a  piece  of  paper  to 
keep  for  her;  that  he  found  it  was  a  field-glass ;  that  she  asked  him 
to  have  two  bottles  of  whiskey  ready,  that  they  would  be  called  for 
that  night;  that  during  this  interview  Mrs.  Offutt  was  present; 
that  he  went  into  the  barn,  and  Mrs.  Surratt  requested  him  to  fix 
her  buggy,  the  spring  of  which  had  become  detached  from  the 
axle;  that  Booth  and  Harold  called  at  his  house  that  night;  that 
Booth  did  not  come  in,  but  Harold  did ;  that  it  was  not  over  a 
quarter  after  twelve  o'clock;  that  Booth  was  a  stranger  to  him ; 
that  Harold  came  in  and  took  the  whiskey ;  that  they  took  their 
whiskey  out  of  the  bottles ;  that  Harold  carried  the  bottle  out  to 
Booth,  and  that  Booth  drank  while  he  was  sitting  on  the  porch  ? 
that  Harold  said,  "Get  me  those  things;"  that  he  gave  them  all 
the  articles,  with  the  field-glass  and  a  monkey-wrench ;  that  they 
took  only  one  carbine  because  Booth  said  his  leg  was  broken  and 
he  couldn't  carry  his;  that  they  were  not  at  his  house  more  than 
five  minutes,  and  that  on  leaving  Booth  said,  "  I  will  tell  you 
some  news :  i"  am  pretty  certain  we  have  assassinated  the  President 
and  Secretary  Seward." 

It  must  not  be  forgotten  that  if  there  was  a  conspiracy — and  it 
is  apparent  there  was — it  was  for  the  purpose  of  capturing  the 
President,  and  carrying  him  within  the  Confederate  lines,  which, 
according  to  all  the  information  we  can  gather,  was  Booth's  in- 
tention until  Friday,  the  14th,  after  twelve  o'clock,  when  he  heard 
in  some  way  that  the  President  would  be  at  the  theatre  that  night. 
The  Messrs.  Ford  testified  that  no  one  knew  until  half-past  ten 
o'clock  on  Friday  morning  that  the  President  would  be  at  the 
theatre  that  night,  and  that  Booth  was  not  at  the  theatre  until 
twelve  o'clock,  and  that  they  did  not  know  how  he  got  his  infor- 
mation that  the  President  would  be  there  that  night. 

In  considering  the  point  in  regard  to  Lloyd's  alleged  conversa- 
tion with  Mrs.  Surratt  on  Tuesday,  the  11th,  the  above  fact  must 
be  borne  in  mind. 

It  must  also  be  borne  in  mind,  in  considering  the  testimony  in 


830 


AMERICAN  BASTILE. 


regard  to  Lloyd  meeting  Mrs.  Surratt  on  the  11th,  and  the  con- 
versation which,  he  says,  took  place  at  that  time  between  them, 
that  no  mention  of  meeting  Mrs.  Surratt  on  Tuesday,  the  \\th,  is 
made  by  Lloyd  in  his  confession  to  Captain  Cottingham. 

The  fact  that  Weichman,  according  to  his  testimony,  heard 
nothing  said  about  "shooting  irons"  during  the  conversation, 
although  he  was  seated  in  the  same  buggy  with  Mrs.  Surratt;  the 
fact  that  Mrs.  Offutt — who  was  seated  in  Lloyd's  carriage  two  or 
three  yards  distant  from  where  Lloyd  was  standing  talking  to 
Mrs.  Surratt  who  was  seated  in  her  buggy — heard  some  of  the 
conversation,  but  nothing  said  about  "shooting  irons"  during 
their  two  or  three  minutes  interview,  and  the  fact  that  Lloyd 
admitted  in  his  testimony,  "I  am  not  positive,  but  I  think  she 
said  shooting  irons,"  and  again,  "I  am  pretty  positive  she  did  on 
both  occasions,  and  I  know  she  did  on  the  last,"  it  is  evident  that 
Mrs.  Surratt  did  not  mention  "shooting  irons"  to  Lloyd  during 
the  interview  on  the  11th  of  April.  What  reason  would  she  have 
to  say  on  the  11th  of  April,  that  the  "shooting  irons"  would  be 
wanted  soon?  Why  should  she?  What  would  they  be  wanted 
for?  There  was  no  conspiracy  then  to  murder  Mr.  Lincoln.  If 
there  had,  at  that  time,  existed  a  conspiracy  to  murder  Mr.  Lin- 
coln, and  Mrs.  Surratt  was  connected  with  it,  would  she  talk  to 
Lloyd  about  it  in  the  presence  of  two  other  persons — one  of  whom 
was  seated  in  the  buggy  with  her  and  one  in  Lloyd's  carriage  two 
or  three  yards  distant?  We  will,  therefore,  dismiss  this  point  in 
Lloyd's  testimony  as  being  the  product  of  his  intoxicated  brain, 
and  now  consider  the  conversation  which,  he  alleges,  took  place 
between  him  and  Mrs.  Surratt  on  the  evening  of  the  14th  of 
April. 

Be  it  remembered  there  is  no  evidence  that  during  Mrs.  Sur- 
ratt's  stay  at  Lloyd's,  before  his  arrival  home,  she  made  any 
inquiry  concerning  him,  where  he  was  or  when  he  would  return. 
Had  she  wanted  to  see  him  particularly  on  that  day  one  of  her 
first  questions  would  have  been,  "Where  is  Mr.  Lloyd?"  But 
Mrs.  Offutt,  his  sister-in-law,  who  was  in  the  parlor  with  Mrs. 
Surratt,  and  to  whom  Mrs.  Surratt  handed  the  package,  saying 
Bhe  was  requested  to  leave  it  there,  docs  not  even  say  that  she 
mentioned  his  name. 


MART    E.  SUEEATT. 


831 


There  are  two  things,  Lloyd  testifies,  in  regard  to  the  conversa- 
tion of  April  14th,  that  Mrs.  Surratt  did,  namely,  carry  and 
deliver  a  field-glass  to  him  and  tell  him  to  have  the  "shooting 
irons"  ready — that  two  men  would  call  for  them — which  would 
seemingly  implicate  her.  Suppose  she  did  carry  a  package  and 
deliver  a  message  to  Lloyd,  was  that  proof  of  guilt?  No.  Why? 
Because,  if  she  did  so,  it  must  have  been  at  the  request  of  Booth, 
and  as  it  was  nothing  more  than  a  favor  which  one  person  would 
be  willing  to  do  for  another  she  could  do  it  innocently.  But  the 
evidence  shows  that  she  did  not  hand  the  package  to  Lloyd  but  to 
Mrs.  Offutt,  simply  remarking  that  she  was  requested  to  leave  it 
there,  which  circumstance,  without  doubt,  proves  her  innocent  on 
that  point. 

The  second  point  is — did  Mrs.  Surratt  tell  Lloyd  to  have  the 
"shooting  irons"  ready — that  two  men  would  call  for  them  ?  If  she 
did  so,  it  must  also  have  been  at  the  request  of  Booth,  and  if  she 
did  so  at  his  request  she  could  do  so  innocently,  for  the  same  reason 
that  has  been  given  in  the  case  of  the  package  she  handed  to  Mrs. 
Offutt,  and,  therefore,  she  could  deliver  such  a  message  without 
committing  any  crime.  Had  she  been  in  the  conspiracy  to 
murder  the  President  that  night  would  she  have  carried  such  a 
message?  Would  she  not  have  known  that  if  the  President  was 
assassinated  that  night  the  news  would  reach  Surrattsville  almost 
immediately,  and  that  with  such  evidence  against  her  as  delivering 
such  a  message  she  would  be  immediately  suspected?  Would  she 
run  such  a  risk?  But  did  she  deliver  such  a  message  to  Lloyd? 
It  is  the  testimony  of  all  the  witnesses  who  saw  Lloyd  before  and 
whon  he  arrived  home  on  the  evening  of  the  14th  of  April,  that 
he  was  drunk.  Mrs.  Offutt,  his  sister-in-law,  who  was  staying  at 
his  house,  testified  that  "he  was  very  much  under  the  influence 
of  liquor,  more  so  than  she  had  seen  him  for  some  time  past,  and 
that  for  four  or  five  months  he  had  drank  freely."  Mr.  Jenkins 
testified  that  he  was  at  Lloyd's  when  Lloyd  arrived  home,  and 
that  "he  was  very  much  intoxicated."  James  Lusby  testified 
that  he  came  from  Marlborough  with  Lloyd  and  that  he  was 
"very  drunk."  H.  R.  Sweeney  testified  that  he  met  Lloyd  at 
Marlborough  on  the  14th  of  April,  and  rode  with  him  a  part  of 
the  way  from  Marlborough  towards  his  home;  that  he  was  "eon- 


AMERICAN  BASTILE 


siderably  under  the  influence  of  liquor,"  and  that  he  "drank,  or 
attempted  to  drink  on  the  road."  Captain  Gwynne  testified  that  he 
met  Lloyd  that  afternoon  at  Marlborough  and  came  part  of  the  way 
home  with  him,  and  that  he  had  been  drinking  "right  smartly." 
And  Lloyd  himself  in  his  testimony  at  the  trial  of  John  H.  Sur- 
ratt* in  Washington,  in  1867,  admitted  that  at  the  time  of  Mrs. 
Surratt' s  visit  to  Surrattsville,  April  14th,  1865,  he  was  u drunk— 
quite  drunk;"  indeed  so  drunk  that  he  was  " taken  sick." 

If  Mrs.  Surratt  was  connected  with  a  conspiracy  to  murder 
the  President  would  she  hold  such  a  conversation  with  Lloyd,  as 
he  testified  she  did,  when  he  was  in  such  a  condition  ? 

As  has  been  said  it  was  not  determined  to  attempt  to  assas- 
sinate the  President  until  after  12  o'clock  on  Friday,  the  14th. 
A.tzerodt,  one  of  the  conspirators  to  capture  the  President,  says  in 
his  confession,  that  he  did  not  know  of  the  plot  to  assassinate  Mr. 
Lincoln  until  eight  o'clock  on  Friday  evening,  the  14th,  when  he 
went  to  the  Herndon  House,  in  answer  to  a  message  from  Booth 
to  meet  him  there,  when  and  where  Booth  first  revealed  to  him  his 
intention  to  attempt  the  assassination  of  the  President  and  others. 

Mrs.  Surratt  could  not  have  known  of  Booth's  design  except 
through  Booth,  or  before  half  past  two  o'  clock  on  Friday,  the 
14th,  when  Weichman  says  he  saw  Mrs.  Surratt  and  Booth  having 
a  conversation  which  lasted  two  or  three  minutes.  Mrs.  Surratt 
was  about  to  leave,  with  Weichman,  for  Surrattsville.  Booth 
could  not  have  known  of  Mrs.  Surratt's  intention  to  go  to  Sur- 
rattsville that  day  unless  he  ascertained  the  fact  through  Weich- 
man, for  there  is  no  evidence  that  Booth  had  seen  Mrs.  Surratt 
since  the  Monday  previously,  and  Weichman,  who  drove  her  to 
Surrattsville,  was  the  only  person  who  knew  she  was  going  that 
day. 

During  this  conversation  of  "two  or  three  minutes"  could 
Booth  possibly  have  communicated  his  intention  and  explained 
his  plans  to  assassinate  the  President  to  Mrs.  Surratt?  If  so,  and 
she  consented  to  act  as  a  conspirator,  how  could  she  immediately — 
for  Weichman  testified  they  started  immediately  after  Booth  left 

*  John  H.  Surratt  was  tried  in  Washington  in  1867,  and  was  acquitted  of  the 
same  charge  for  which  his  mother  was  executed. 


MART    E.  SURRATT. 


833 


— so  disguise  her  feelings  when  she  got  into  the  buggy  with 
Weichman,  or  while  they  were  on  the  road  to  Surrattsville,  so  as 
to  manifest  no  excitement  or  agitation? 

No  excitement  or  agitation  was  apparent.  She  rode  from  Wash- 
ington to  Surrattsville,  a  distance  of  twelve  miles,  with  Weichman, 
who  discovered  no  change  in  her  general  demeanor;  she  stopped  at 
Lloyd's  tavern,  on  her  arrival  at  Surrattsville ;  she  consulted  her 
brother  on  the  business  that  called  her  there;  he  examined  her 
papers  and  calculated  for  her  interest  on  some  judgments ;  she 
wrote  a  good  business  letter  to  Mr.  Nothy ;  she  conversed  with 
Mrs.  Offutt  in  the  parlor;  she  called  in  Captain  Gwynne,  who  was 
passing,  showed  him  the  letter  she  had  just  written  to  Mr.  Nothy, 
asked  him  to  read  it  and  deliver  it  to  Mr.  Nothy,  after  which  sho 
prepared  to  go  home.  A  woman — a  mother — who  could  do  all  this 
within  a  few  hours  of  the  time  appointed  for  the  murder  of  the 
President  of  the  United  States,  which  she  was  conspiring  to 
accomplish,  without  manifesting  any  feeling,  would  be  a  fiend. 
But  Mrs.  Surratt  was  shown,  by  the  most  respectable  and  reliable 
witnesses,  to  be  a  "kind,  generous,  Christian  lady,"  and  that  "  her 
general  reputation  as  a  Christian  was  spoken  of  with  the  greatest 
praise."  Even  one  of  the  witnesses  for  the  prosecution  testified 
that  "  her  character  was  exemplary  and  ladylike  in  every  particu- 
lar," and  that  "  she  attended  faithfully  to  her  religious  duties." 

Can  it  be  believed,  by  the  unprejudiced,  that  a  woman  bearing 
6uch  a  reputation,  wherever  she  was  known  and  by  all  classes, 
would  knowingly  do  an  act  contributing  to  such  an  inhuman 
murder? 

While  a  slight  discrepancy,  in  the  narration  of  facts,  strengthens 
rather  than  weakens  evidence,  yet,  when  there  is  so  great  a  dis- 
crepancy as  there  is  in  Lloyd's  stories,  it  renders  all  his  testimony 
unworthy  of  belief  unless  supported  by  other  evidence. 

Lloyd's  testimony,  for  example,  will  not  be  believed  when,  he 
says,  in  one  story,  that  Booth  and  Harold  came  to  his  house,  that 
Harold  dismounted  from  his  horse  and  came  into  his  tavern  and 
said,  "I  have  something  to  tell  you,"  the  inference  being  that 
Booth  remained  on  his  horse ;  while  in  his  other  story,  he  says, 
that  Harold  carried  the  whiskey  to  Booth  and  that  Booth  drank 
while  sitting  on  the  porch.  In  one  story,  he  says,  Booth  said,  "  We 
53 


834 


AMERICAN  BASTILE. 


have  murdered  the  President"  and  that  Harold  said,  "  We  have  picked 
off  Seward;  "  while  in  his  other  story,  he  says,  as  Booth  and  Harold 
were  leaving  Booth  said,  "I  will  tell  you  some  news;  I  am  pretty 
certain  we  have  assassinated  the  President  and  Secretary  Seward" 

Now  the  importance  of  such  a  statement,  and  the  impression  it 
would  make,  at  the  time  it  was  made,  would  be  too  great  to  war- 
rant such  a  discrepancy.  Is  it  at  all  probable  that  Booth,  a 
shrewd,  intelligent  man — an  actor — a  man  of  the  world,  well 
acquainted  with  human  nature,  would,  after  having  assassinated 
the  President  of  the  United  States  in  a  theatre  filled  with  people, 
and  in  a  large  city  like  Washington,  where  every  facility  for  cap- 
ture could  be  furnished,  stop,  in  his  flight  for  concealment  and 
safety,  within  twelve  miles  of  the  place  where  the  crime  was  com- 
mitted, and,  with  a  leg  broken  in  the  commission  of  the  crime,  get 
off  his  horse,  sit  down  on  the  porch  of  a  tavern,  deliberately  take 
a  drink  of  whiskey,  and  on  leaving  tell  a  drunken  man,  whom  he 
did  not  know,  except  by  reputation,  that  he  had  just  murdered 
the  President  of  the  United  States?  The  story  is  too  improbable 
and  too  ridiculous  to  be  credited,  and  forces  us  to  believe  that 
Lloyd,  in  his  testimony  in  the  case  of  Mrs.  Surratt,  perjured  him- 
self to  shield  himself  from  the  crime  of  which  he  was  suspected 
and  in  prison. 

It  is  not  necessary  to  consider  Lloyd's  statement,  in  one  of  his 
stories,  that  the  carbine  Booth  could  not  carry  because  his  leg  was 
broken  was  up-stairs,  and  that  Mrs.  Surratt  had  some  bags  over  it, 
because  it  is  well  known  that  Mrs.  Surratt  was  not  outside  of 
Washington  City  after  the  assassination  of  the  President. 

As  we  have  shown  for  what  purpose  Mrs.  Surratt  went  to  Sur- 
rattsville,  on  the  14th,  and  as  we  can  discover  no  evidence  what- 
ever, either  positive  or  circumstantial,  to  prove  that  she  went 
there  in  the  interest  of  a  conspiracy  to  murder  the  President,  we 
will  now  consider  the  next  point,  namely : 

Third.  Was  there  any  proof  that  Mrs.  Surratt  recognized  Payne 
when  he  called  at  her  house  on  the  night  of  the  17th  of  April, 
and  that  she  denied  that  she  knew  him  to  shield  herself  from  sus- 
picion that  she  was  connected  with  or  knew  of  a  conspiracy  to 
murder  the  President? 

If  this  point  stood  alone,  it  would  not  be  proof  of  either  Mrs. 


MART    E .  SURRATT. 


835 


Surratt's  innocence  or  guilt,  but  it  becomes  important  as  corrobora- 
tive testimony.  As  we  think,  however,  we  have,  in  considering 
the  first  two  points,  established  beyond  dispute  Mrs.  Surratt's 
innocence  of  any  knowledge  of,  or  participation  in  a  conspiracy, 
we  will  consider  this  point  only  to  show  her  conduct  at  this  time, 
and  the  contradictions  in  the  testimony  of  the  witnesses  called  for 
the  prosecution,  which  will  establish  more  clearly  her  innocence. 

When,  at  two  o'clock  iu  the  morning  (Saturday)  after  the  assas- 
sination of  the  President,  McDevitt,  Clark  and  others,  of  the 
Metropolitan  Police,  came  to  the  house  of  Mrs.  Surratt  and  rang 
the  front  door  bell,  in  answer  to  which  she  put  her  head  out  of 
an  upper  window  and  asked  who  was  there,  and  subsequently,  did 
6he  exhibit  any  excitement  or  concern  ?  Did  she  not,  without 
hesitation,  promptly  answer  all  their  questions?  When  asked 
where  her  son,  John  H.  Surratt,  was,  did  she  not  immediately 
reply  that  she  had  not  seen  him  for  two  weeks,  but  that  she  I  ad 
that  day  received  a  letter  from  him  dated  in  Canada?  Had  she 
been  in  a  conspiracy  to  murder  the  President,  or  knew  or  sup- 
posed that  her  son  was,  would  she  have  volunteered  to  tell  the 
officers  where  he  was?  Did  her  conduct  on  this  occasion  show 
innocence  or  guilt? 

At  about  eleven  o'clock  on  the  night  of  the  17th  of  April, 
Major  Smith,  Captain  Wennerskerch  and  Richard  C.  Morgan, 
officers  connected  with  the  War  Department,  came  to  the  house  of 
Mrs.  Surratt  to  take  possession  of  the  house,  arrest  her  and  all  the 
other  inmates  in  the  house,  and  seize  the  papers  found  in  it.  When 
they  arrived  at  the  house  Major  Smith  rang  the  front  door  bell, 
when  Mrs.  Surratt  opened  a  window  and  said:  "Is  that  you, 
Kirby?"  Major  Smith  replied,  "  No,  but  open  the  door;"  she 
opened  the  door,  when  Major  Smith  went  into  the  hall  and  said  to 
her,  "Are  you  Mrs.  Surratt  ?  w  She  replied,  "  I  am."  "  The  widow 
of  John  H.  Surratt  and  the  mother  of  John  H.  Surratt,  Jr.  ?" 
She  replied,  "I  am."  Major  Smith  then  said:  "I  have  come  to 
arrest  you  and  take  you  to  General  Augur's  office  for  examina- 
tion." Mrs.  Surratt  and  the  other  inmates  of  the  house,  to  witf, 
Miss  Anna  Surratt,  Miss  Fitzpatrick  and  Miss  Jenkins,  were 
then  arrested  and  were  seated  in  the  parlor  waiting  for  a  carriage, 
which  Major  Smith  had  sent  for,  to  take  them  to  General  Augur's 
office. 


836 


AMERICAN  BASTILE. 


About  ten  minutes  after  they  had  thus  been  seated  the  front 
door-bel!  rang;  the  door  was  opened  by  one  of  the  officers,  when  a 
man  entered  in  disguise,  who,  when  asked,  "  Whom  do  you  want 
to  see?"  replied,  "  Mrs.  Surratt."  This  man,  who  proved  to  be 
Payne,  was  "dressed  in  a  dark  coat,  and  pants  that  seemed  to  be 
black;  a  head-dress  made  of  a  dirty,  gray  worsted  knit  shirt 
sleeve,  or  the  lower  part  of  a  pair  of  drawers,  closely  fitting  around 
his  head  and  hanging  down  on  the  side  six  or  seven  inches;  he 
was  full  of  mud  to  his  knees  and  had  a  pickaxe  in  his  hand." 
The  officers  differ  somewhat  as  to  the  style  of  his  dress  and  appear- 
ance. Major  Smith,  for  example,  testified  that  he  had  on  rather 
a  fine  pair  of  boots  with  one  leg  of  his  pantaloons  rolled  up  over 
the  top  of  one  leg  of  his  boots  only,  while  Captain  Wennerskerch 
testified  that  he  was  full  of  mud  to  his  knees,  which  would  make 
it  impossible  for  Major  Smith  to  see  whether  he  had  on  a  fine  pair 
of  boots  or  not. 

After  the  officers  questioned  this  man  as  to  what  he  wanted,  etc., 
Major  Smith  stepped  to  the  door  of  the  parlor  and  said,  "  Mrs. 
Surratt,  will  you  step  here  for  a  moment?  "  Mrs.  Surratt  came 
forward,  and  while  "standing  in  the  parlor  near  the  hall  door," 
Major  Smith  said  to  her,  "Do  you  know  this  man?"  Major 
Smith  testified,  that  Mrs.  Surratt  said,  raising  her  right  hand,  "Be- 
fore God,  I  do  not  know  this  man,  and  have  never  seen  him." 
Captain  Wennerskerch  testified  that  Mrs.  Surratt  held  up  her 
hands  and  said,  "So  help  me  God,  I  never  saw  him  before,  and  I 
know  nothing  of  him." 

The  fact  that  the  language  Mrs.  Surratt  used  is  given  so  dif- 
ferently by  these  two  witnesses  would  alone  create  a  doubt  as  to 
what  she  did  say,  but  when  one  witness  swears  she  held  up  one 
hand,  and  the  other  swears  that  she  held  up  hefr  hands,  the  dis- 
crepancy is  so  great  that  neither  can  be  believed. 

The  testimony  of  these  two  officers,  Smith  and  Wennerskerch, 
is  also  conflicting  in  regard  to  Mrs.  Surratt's  attitude  before  she 
left  the  parlor  to  be  taken  to  General  Augur's  office.  Major 
Smith  testified  "that  she  was  seated  at  a  chair  in  the  front  parlor," 
and  when  asked  "Was  she  not  kneeling?"  he  replied,  "She  was 
not."  Captain  Wennerskerch,  on  the  other  hand,  testified  that 
when  Major  Smith  was  ready  to  "take  her  away,  she  requested  him 


MART    E.  SURRATT. 


837 


to  wait  a  while,  and  she  knelt  and  prayed  a  little;  she  knelt  down, 
but  whether  she  prayed  or  not,  I  can't  say." 

When  Payne  called  at  Mrs.  Surratt's  house,  and  she  was  asked 
if  she  knew  him,  there  is  no  doubt  that  she  said  she  did  not,  but 
there  is  a  doubt  as  to  what  she  said  and  what  her  action  was. 
Under  the  same  circumstances,  it  is  not  probable  that  one  person 
would  recognize  another,  even  when  well  acquainted,  and  it  is 
altogether  improbable  that  Mrs.  Surratt,  who  had  never  seen 
Payne,  except  on  two  occasions,  and  that  some  time  before,  would 
recognize  him  when  thus  presented. 

On  both  the  former  occasions  when  Mrs.  Surratt  saw  Payne, 
he  was  well  dressed,  and  wore  a  white  necktie.  On  this  occa- 
sion, when  he  appeared  dressed  in  a  rough  suit  of  clothes,  a  head- 
dress made  of  a  dirty,  gray  knit  worsted  shirt  sleeve,  pulled 
down  over  his  head  and  hanging  down  on  one  side  six  or  seven 
inches,  covered  with  mud  to  his  knees  and  carrying  a  pickaxe  in 
his  hand,  how  could  Mrs.  Surratt  or  any  one  else,  suddenly  called 
upon  and  by  gas-light,  recognize  him  in  such  a  disguise  and  in 
such  a  condition? 

Miss  Fitzpatrick  testified  that  she  was  present  when  Payne  was 
arrested  at  Mrs.  Surratt's  house,  but  did  not  recognize  him  at  the 
time,  nor  until  the  shirt  sleeve  was  removed  from  his  head  at 
General  Augur's  office.  When  a  person  whose  eyesight  was  good, 
as  in  the  case  of  Miss  Fitzpatrick,  who  had  seen  Payne  on  both 
occasions  that  he  was  at  Mrs.  Surratt's  house,  did  not  recognize 
him  as  he  appeared  on  the  night  of  the  17th,  when  he  was  ar- 
rested, would  it  not  be  remarkable  if  Mrs.  Surratt  did  recognize 
him  when  he  was  thus  disguised?  It  was  shown  by  many  and 
reliable  witnesses  that  Mrs.  Surratt's  eyesight  was  defective,  and 
that  she  sometimes  failed  to  recognize  her  own  friends  when  she 
met  them  on  the  street,  and  that  she  was  unable  to  read  or  sew  by 
gas-light. 

Major  Smith,  the  officer  who  asked  Mrs.  Surratt  the  question, 
"Do  you  know  this  man?  "  when  asked  by  the  counsel  for  Mrs. 
Surratt,  "  Is  this  the  coat  Payne  wore  on  the  night  of  his  arrest?" 
answered,  "It  is." 

Q.  "  How  do  you  know  that  coat  to  be  the  one  Payne  had  on  1n 
A.  "  By  the  way  any  one  would  recognize  such  an  article — from 
memory." 


838 


AMERICAN  BASTILE. 


Q.  "What  marks  about  it  do  you  recognize?"  A.  "The  color 
and  general  look  of  the  coat." 

Q.  "Are  you  sure  the  coat  he  had  on  was  not  what  is  called  Con- 
federate gray  ? "  A.  "i"  am  very  sure,  as  I  said  before,  this  is  ilie 
coat." 

I  Q.  "  Then  are  you  certain  it  was  not  a  Confederate  gray  coat 
Payne  had  on  when  you  arrested  hini?"  A.  "  1  have  said  I  am 
certain  this  is  the  coat." 

Q.  "Will  you  answer  my  question ?"  A.  "I  have  already 
testified  on  that  point,  and  I  do  not  know  whether  I  am  called 
upon  to  testify  three  or  four  times." 

Another  coat,  smaller,  cleaner  and  a  brighter  gray,  was  pro- 
duced. 

Witness — "  That  is  the  coat,  sir;  I  recognize  it  by  the  buttons;  thai 
was  all  that  vias  wanting  in  the  other  coat;  IT  was  haiid  in  the 

LIGHT  IN  WHICH  I  WAS  STANDING  TO  TELL." 

Which  is  the  more  probable,  that  Mrs.  Surratt,  with  her  im- 
perfect eyesight,  and  who  had  sometimes  failed  to  recognize  her 
own  friends  on  the  street,  during  the  day,  would  recognize  a  man, 
whom  she  had  seen  only  on  two  occasions,  suddenly  presented  to 
her,  in  disguise  and  by  gas-light,  or  an  officer  identify  the  coat 
of  the  man  he  had  arrested  and  which  he  had  scrutinized  for  the 
purpose  of  future  identification? 

The  mere  fact  that  Payne  came  to  Mrs.  Surratt's  house  on  the 
night  of  the  17th  of  April  is  no  proof  of  her  guilt.  We  cannot 
understand  the  motive  which  induces  a  man  to  do  an  act  unless 
his  action  or  conduct  at  the  time,  or  some  subsequent  circumstance 
or  act,  explains  his  motive.  We  know  that  Payne  came  to  Mrs. 
Surratt's  house  on  the  night  of  the  17th  of  April,  but  why  he  came 
we  do  not  know — the  testimony  does  not  explain,  and,  therefore, 
we  can  only  surmise  what  his  motive  was  in  coming.  Payne's 
reason  for  coming — namely,  to  "dig  a  gutter" — when  confronted 
by  the  officers,  being  only  an  excuse,  it  is  not  necessary  to  con- 
sider. It  is  not  probable  that  he  came  there  for  shelter  or  con- 
cealment, for,  if  Mrs.  Surratt  were  guilty,  Payne  knew  it,  and  know- 
ing it  he  would  not,  in  his  flight  from  justice  and  for  safety,  seek 
shelter  and  concealment  at  her  house,  for  she  being  in  the  con- 
spiracy, and  her  house  being  in  Washington  where  the  assassina- 
tion took  place,  he  could  not  feel  that  he  was  safe  there. 


MARY    E.  SUKRATT. 


839 


If  she  were  innocent  he  would  not  jeopardize  his  safety  by  com- 
ing, for  shelter  or  concealment,  to  the  very  house  where  he  was 
known,  because,  although,  being  disguised  and  coming  at  that 
hour  of  the  night,  he  would  not  be  recognized,  when  met  at  the 
door,  even  by  Weichman,  who  had  admitted  him  on  the  former 
two  occasions  when  he  came  to  Mrs.  Surratt's,  yet,  when  his  dis- 
guise was  removed,  as  it  would  have  to  be,  if  he  came  there  for 
shelter  or  concealment,  he  would  be  detected.  It  is  more  proba- 
ble, therefore,  that  knowing  Mrs.  Surratt's  reputation  for  kind- 
ness and  generosity,  and  feeling  the  pangs  of  hunger — for  it  was 
now  Monday  night  and  he  had  wandered  about  since  Friday  night 
— the  night  of  the  assassination — a  period  of  more  than  seventy- 
two  hours — without  anything  to  eat,  that  in  his  extremity  he 
stopped  at  her  door  to  ask  for  bread. 

After  carefully  considering  the  testimony  had  before  the  Mili- 
tary Commission  in  regard  to  the  third  point,  we  can  discover  no 
proof  that  Mrs.  Surratt,  on  the  night  of  the  17th  of  April,  recog- 
nized Payne,  and  that  she  denied  that  she  knew  him  to  shield  her- 
self from  suspicion  that  she  was  connected  with  or  knew  of  a  con- 
spiracy to  murder  the  President. 

After  considering  the  three  points,  which  include  all  the  testi- 
mony on  which  Mrs.  Surratt  was  convicted  and  executed  by  the 
Military  Commission,  taken  singly  or  collectively,  we  can  find  no 
proof  whatever  of  her  connection  with  or  knowledge  of  a  conspiracy 
to  assassinate  Mr.  Lincoln  and  others. 

What  part  of  the  testimony  shows  that  Mrs.  Surratt  was  in  a 
conspiracy  to  murder  the  President?  What  part  of  it  shows  that 
she  ever  participated  in  a  meeting  of  the  conspirators?  What 
part  of  it  shows  that  she  even  knew  of  the  existence  of  a  conspiracy  ? 
Was  it  even  shown  that  those  who  were  condemned  and  executed 
with  her  ever  held  a  meeting  in  her  house?  If,  because  Booth 
and  Payne  and  Atzerodt  came  to  her  house  occasionally  and  were 
treated  by  her  with  civility,  should  she  be  hanged  ?  If  so,  then  why 
not  hang  the  proprietor  of  the  National  Hotel,  where  Booth  had  a 
room  and  entertained  his  friends?  Why  not  hang  the  proprietor 
of  the  Kirk  wood  House,  where  Atzerodt  stopped  ?  Why  not  hang 
the  proprietor  of  the  Herndon  House,  where  Payne  lodged  and 
boarded,  and  where,  on  the  evening  of  Good  Friday,  the  14th,  the 


840 


AMERICAN  BASTILE. 


day  of  the  assassination,  Booth,  after  he  learned  that  the  President 
would  be  at  the  theatre  that  night,  gathered  together  the  con- 
spirators, and  then  and  there  determined  on  the  inhuman  and  mur- 
derous attack  upon  the  President? 

Our  object  in  reviewing  the  testimony  on  which  Mrs.  Surratt 
was  convicted  and  executed  by  a  Military  Commission  has  been 
to  discover  whether  there  was  any  proof  by  which  she  could  have 
been  convicted  in  a  Court  of  Justice,  and  therefore  we  have 
adhered  closely  to  the  consideration  of  the  testimony,  and  have 
based  our  conclusion  on  the  testimony  alone,  without  being  influ- 
enced by  any  outside  facts  which  would  tend  to  establish  her 
innocence. 

After  carefully  considering  the  testimony  we  can  find  no  proof 
by  which  Mrs.  Surratt  could  have  been  convicted  in  a  Court  of 
Justice,  and  must  conclude  that  she  was  innocent  of  the  crime  of 
which  she  was  charged,  and  that  her  execution  was  murder. 

Before  closing  we  give  the  following  facts  which  alone  ought 
to  establish,  without  a  doubt,  Mrs.  Surratt's  innocence. 

John  W.  Clampitt,  one  of  the  counsel  for  Mrs.  Surratt,  says:* 

"Near  the  close  of  the  trial,  and  after  the  testimony  of  the 
heartless  and  perjured  Weichman  had  been  given,  stung  by  feel- 
ings of  remorse,  Weichman  called  at  the  rooms  of  a  young  man, 
now  connected  with  one  of  the  Catholic  institutions  of  learning, 
but  at  that  time  a  resident  of  Washington,  with  whom  he  was  on 
terms  of  intimacy,  and,  during  an  earnest  conversation,  admitted 
that  he  had  sworn  falsely  with  regard  to  the  connection  of  Mrs. 
Surratt  with  the  murder  of  the  President;  that  ...  he  was  him- 
self 6iispicioned  and  was  threatened  by  the  authorities  of  the  War 
Department,  in  which  for  some  time  he  had  been  a  clerk,  with 
arrest  and  trial  with  the  other  prisoners,  unless  he  made  a  state- 
ment implicating  Mrs.  Surratt;  that  upon  such  demand  he  pre- 
pared a  statement,  which  was  rejected  by  the  Judge-Advocate-Gen- 
eral with  the  remark  that*  it  was  not  strong  enough;'  that  his 
life  being  threatened  he  made  out  another  statement  which  was 
in  accordance  with  their  wishes  and  demands,  and  this  1  state- 
ment 9  he  swore  to  on  the  witness-stand,  falsely  implicating  Mrs. 
Surratt  in  the  conspiracy.    The  young  man  to  whom  Weichman 

*  North  American  Review,  September,  1880. 


MART    E.  SURRATT. 


841 


made  this  confession  communicated  it  to  the  counsel  of  Mrs.  Sur- 
ratt,  and  offered  to  go  upon  the  witness-stand  and  swear  to  the 
same.  We  took  the  proper  steps  to  have  him  called  as  a  witness, 
but  the  Commission,  taking  advantage  of  a  technical  ground,  re- 
fused to  permit  him  to  testify  on  this  a^-important  point." 

Mr.  Clampitt  in  the  same  article  also  says :  "  The  second  fact 
is  the  declaration  of  Payne,  made  on  the  morning  of  the  execution, 
to  General  Hartranft,  the  special  Provost-Marshal,  and  sent  to  the 
President  by  his  order.  The  statement,  as  taken  down  by  him, 
is  as  follows : 

"The  prisoner  Payne  has  just  told  me  that  Mrs.  Surratt  is  entirely 
innocent  of  the  assassination  of  President  Lincoln,  or  of  any  knowl- 
edge thereof.  He  also  states  that  she  had  no  knowledge  whatever 
of  the  abduction  plot,  that  nothing  was  ever  said  to  her  about  it,  and 
that  her  name  was  never  mentioned  by  the  parties  connected  there- 
with. 

"At  the  close  of  the  letter  General  Hartranft  wrote  these  signifi- 
cant words  :  '/  believe  that  Payne  has  told  the  truth  in  this  matter. " 

Mrs.  Surratt's  execution  is  a  foul  blot  in  American  history, 
and  will  always  remain  a  stigma  upon  the  character  of  those  who 
were  instrumental  in  accomplishing  the  work. 

Note. — Although  the  case  of  Mrs.  Surratt  does  not  directly  belong  to  the 
subject  treated  of  in  this  volume,  yet  it  is  incorporated  to  show  to  what  extent 
men  will  disregard  the  law  when  encouraged  by  those  invested  with  power. 
In  disregard  of  law,  all  the  "Prisoners  of  State,"  mentioned  in  this  "volume, 
were  illegally  arrested  and  incarcerated,  directly  or  indirectly,  by  the  edict  of 
Mr.  Lincoln.  In  disregard  of  law,  Mr.  Lincoln  authorized  the  establishment 
of  military  commissions.  In  disregard  of  law,  Mr.  Lincoln  was  basely  and  in- 
humanly murdered.  In  disregard  of  law,  Mary  E.  Surratt,  although  innocent, 
was  convicted  and  hanged  by  a  military  commission  for  aiding  and  abetting  the 
assassination  of  Mr.  Lincoln.  Mrs.  Surratt's  execution,  therefore,  was  the  direct 
consequence  of  arbitrary  rule. 


CONCLUSION. 


COULD  there  be  a  more  appropriate  day  to  write  the  con- 
clusion to  the  AMERICAN  B  A  STILE  than  the  FOURTH 
OF  JULY?  It  is  scarcely  more  than  a  century  ago,  since  the 
DECLARATION  was  read  to  a  patriotic  people  from  the 
southern  steps  of  INDEPENDENCE  HALL — nigh  to  where  I 
now  write — Philadelphia — and  yet  during  that  short  period,  IM- 
PERIALISM has  threatened  the  destruction  of  FREE  GOV- 
ERNMENT. Does  this  encroachment  on  the  rights  of  free 
government  serve  as  a  warning  to  posterity? 

In  the  DECLARATION  OF  INDEPENDENCE  are  these 
words : 

"The  history  of  the  present  King  of  Great  Britain  is  a  history 
of  repeated  injuries  and  usurpations,  all  having,  in  direct 
object,  the  establishment  of  an  ABSOLUTE  TYRANNY 
OVER  THESE  STATES." 

DOES  HISTORY  REPEAT  ITSELF  ? 

For  a  response,  we  point  to  the  AMERICAN  BASTILE. 

Did  King  George  III.  imprison,  "without  warrant  of  law," 
from  twenty  to  thirty  THOUSAND  of  his  subjects,  during  a 
seven  years  Colonial  warfare,  as  did  Mr.  Lincoln  citizens  of  the 
United  States,  in  States  not  in  rebellion,  during  a  civil  warfare 
of  four  years  ? 

Were  members  of  the  House  of  Lords,  and  of  the  House  of 
Commons,  because  of  their  opposition  to  the  measures  of  the 
Government  of  George  III.,, expelled,  as  was  the  case  with 
members  of  the  United  States  Senate,  and  of  the  House  of  Repre- 
sentatives, because  of  their  opposition  to  the  measures  of  the  Ad- 
ministration of  Abraham  Lincoln? 

Can  we  hope  to  celebrate  the  Bi-Centennial  Anniversary  of 
the  Declaration  of  American  independence,  when,  but  fifteen 
years  before  the  Centennial  Anniversary  of  the  Declaration,  the 
whole  land  of  the  Free  Northern  States  was  dotted  over  with 


842 


CONCLUSION. 


843 


Forts,  Penitentiaries,  Jails,  Barracks,  and  Prison  Camps 
— American  Bastiles — which  contained,  during  the  short 
period  of  four  years,  as  variously  estimated,  from  twenty  to 
thirty  thousand  men,  besides  women  and  children — free 
citizens  of  free  States,  incarcerated  by  the  edict  of  one  man, 
because  they  did  not  choose,  or  were  supposed,  not  to  obey  his 
mandates :  Suspects — the  drama  of  the  French  Revolution  re- 
enacted. 

"We  see  in  every  order  of  arrest  issued ;  in  the  deceitful 
eye  of  every  spy ;  in  the  treacherous  heart  of  every  informer ; 
in  every  telegraphic  warrant ;  in  every  handcuff  that  binds 
the  wrists  of  a  free  man ;  in  every  dim  ray  of  sunlight  that 
penetrates  the  gloomy  cell — we  hear  in  every  sound  of  the 
u  little  bell ; "  in  every  free  wind  that  whistles  in  bitter 
mockery  around  casemate,  battlement,  and  tower ;  in  every 
wintry  blast  that  chills  the  blood  of  the  citizen  in  the  open 
prison-camp ;  in  every  word  of  the  sentinel ;  in  every  laugh 
of  the  oppressor ;  in  the  morning  and  evening  prayer  offered 
up  at  the  altar  of  the  mother,  wife,  sister ;  at  the  grave  of  the 
child,  Madame  Roland  exclaim,  On !  Liberty,  what  crimes 
are  committed  in  thy  name  i 

Does  History  repeat  itself  ? 

Six  hundred  and  fifty-four  years  ago,  on  an  island  meadow 
in  the  river  Thames,  still  known  as  Runnymede,  the  ironclad 
friends  of  freedom,  in  England,  met  King  John,  and  wrested 
from  him  Magna  Charta,  the  great  charter  of  English  liberty. 
It  contains  these  words :  "  No  freeman  shall  be  taken,  or 
imprisoned,  or  dispossessed,  or  outlawed,  or  in  any  way  de- 
stroyed ;  NOR  WILL  WE  PASS  UPON  HIM,  NOR  COMMIT  HIM,  BUT  BY 
THE  LAWFUL  JUDGMENT  OF  HIS  PEERS,  OR  BY  THE  LAW  OF  THE  LAND. 

"  TO  NO  MAN  WILL  WE  SELL,  TO  NONE  WILL  WE  DELAY,  TO  NONB 
WILL  WE  DENY  RIGHT  OR  JUSTICE." 

This  is  the  great  germ  of  our  civil  liberty. 

It  was  defended  in  England  by  many  bloody  wars,  and  has 
been  ratified  by  many  acts  of  Parliament.  From  it  sprang 
the  Habeas  Corpus,  which,  at  the  present  day,  no  King  or 
Parliament  of  England  would  dare  in  any  way  to  restrict  the 


844 


AMERICAN  BASTILE. 


privilege  of.  It  was  engrafted  as  a  fundamental  principle  ii 
our  Constitution,  and  our  forefathers  believed  it  to  be  a  sure 
guarantee  for  the  rights  of  future  generations. 

About  six  years  before  the  Federal  Constitution  was  adopted, 
a  remarkable  prophecy  was  uttered,  under  the  following  cir- 
cumstances :  In  1780,  Henry  Laurens,  former  President  of 
the  Continental  Congress,  was  sent  as  Minister  to  Holland, 
On  his  way  he  was  captured,  and  imprisoned  in  the  Tower 
of  London  for  fourteen  months.  "When  Lord  Shelburno 
became  Premier,  Laurens  was  brought  up  on  habeas  corpus, 
and  released.  After  his  release,  he  dined  with  Lord  Shel- 
burne,  when  the  conversation  turned  on  the  separation  of  the 
two  countries.    Lord  Shelburne  remarked : 

u  I  am  sorry  for  your  people." 

"  Why  so  ?  "  asked  Laurens. 

"  They  will  lose  the  habeas  corpus"  was  the  reply. 

u  Lose  the  habeas  corpus  !  "  said  Laurens,  in  astonishment. 

"Yes,"  said  Lord  Shelburne.  "We  purchased  it  with 
centuries  of  wrangling,  many  years  of  fighting,  and  had  it 
confirmed  by  at  least  fifty  acts  of  Parliament.  All  this 
taught  the  nation  its  value  ;  and  it  is  so  ingrained  into  their 
creed,  as  the  very  foundation  to  their  liberty,  that  no  man  or 
party  will  ever  dare  to  trample  on  it.  Your  people  will  pick 
it  up  and  attempt  to  use  it,  but,  having  cost  them  nothing, 
they  will  not  know  how  to  appreciate  it.  At  the  first  great 
internal  feud  that  you  have,  the  MAJORITY  will  tramplk 
UPON  IT,  AND  SO  WILL  GO  YOUR  LIBERTY." 

We  present  to  the  public  the  history  of  a  few  of  the  cases 
—  representing  different  walks  of  life  —  of  the  thousands  of 
inoffensive  citizens  of  the  free  States,  not  in  rebellion,  incar- 
cerated in  American  Bastiles,  during  the  late  civil  war. 

In  this  volume  there  is  no  assertion  or  statement  made, 
which  is  not  true  in  every  particular,  in  so  far  as  the  author 
is  aware.  lie  regrets  it,  if  he  has  made  a  single  misstatement  in 
point  of  fact. 

To  the  geutlemen  who  have  furnished  the  author  with 


CONCLUSION. 


845 


facts  contained  in  this  volume,  he  begs  to  return  his  sincere 
thanks.    To  Mr.  Mahony  he  is  especially  indebted. 

As  has  been  said  before,  the  great  object  of  this  work  is 
to  aid  in  restoring  to  the  citizen  all  his  rights  of  citizenship 

—  to  assist  in  perpetuating  free  institutions  in  our  country 

—  and  help  to  prevent,  if  possible,  in  the  future,  a  repetition 
of  the  wrongs  and  crimes  committed  by  a  reckless  Adminis- 
tration during  the  last  few  years. 

The  American  people  have  a  glorious  inheritance,  if  they 
fully  appreciate  it.  But,  like  the  legacy  to  the  spendthrift, 
when  once  squandered  and  gone,  it  cannot  be  regained. 

That  which  it  has  taken  ages  to  establish,  may  in  a  short 
time  be  swept,  by  the  hand  of  the  usurper,  from  existence. 

It  therefore  behooves  the  citizen  to  watch  with  jealous 
care  every  encroachment  upon  his  chartered  rights,  and  pro- 
tect them  against  every  act  which  tends  to  subvert  them. 

The  death  of  free  government !  Who  can  contemplate  the 
melancholy  spectacle  it  presents,  without  sorrow  ?  When ! 
how !  can  it  be  restored  to  life  ?  "  Where,  in  what  age 
and  in  what  clime,  have  the  ruins  of  constitutional  free- 
dom renewed  their  youth  and  regained  their  lost  estate? 
By  whose  strong  grip  has  the  corpse  of  a  Republic  ever 
been  resurrected?  The  merciful  Master  who  walked  upon 
the  waters  and  bade  the  winds  be  still,  left  no  ordained 
apostles  with  power  to  wrench  apart  the  jaws  of  national 
death  and  release  the  victims  of  despotism.  Wherever  in 
the  wide  domain  of  human  conduct  a  people  once  possessed 
of  liberty,  with  all  power  in  their  own  hands,  have  sur- 
rendered these  great  gifts  of  God  at  the  command  of  the 
usurper,  they  have  never  afterward  proven  themselves  wor- 
thy to  regain  their  forfeited  treasure. " 

The  safeguards  of  the  State  are  in  the  Constitution.  In 
it  repose  the  liberties  of  the  people.  Hence  the  people  should 
"  cling  to  the  Constitution,  as  the  shipwrecked  mariner  clings 
to  the  last  plank,  when  night  and  the  tempest  close  around 
him." 


846 


AMERICAN  BASTILE. 


On  the  opposite  page,  we  exhibit  to  the  reader  a  facsimile 
of  the  Key  of  the  Bastile,  presented  by  Lafayette  to  Wash- 
ington, after  the  demolition  of  the  Bastile,  in  Paris,  in  1789. 

The  key  still  hangs  in  Mount  Vernon.  But,  reader,  what 
does  it  suggest  to  you  ?  Does  it  carry  you  to  Fort  Warren  ? 
Fort  Lafayette  ?  Fort  McIIenry  ?  Will  you  make  your  own 
comments  ?  Will  you  draw  your  own  conclusions  ?  We  have 
given  you  facts:  what  more  do  j*ou  want?  Has  the  right  of 
free  speech  been  restored  to  you?  TIIEX  SPEAK.  Do 
you  think  the  liberties  of  the  citizen,  under  our  Constitution 
and  in  our  country,  are  as  secure  as  they  were,  and  seemed 
to  be,  half  a  century  ago  ? 

The  Key  of  the  Bastile  ! 

What  memories  cluster  around  it !  What  sadness  I  What 
sorrows !  What  of  oppression  does  it  suggest  ?  What  of 
usurpation?  What  of  a  CONSTITUTION  broken  iuto 
fragments  ? 

Will  the  PEOPLE  now  stop  to  consider  ?  Can  we  look  to 
them  for  redress?  * 

Have  our  forefathers  labored  in  vain,  and  do  we  still  plead 
in  vain,  for  the  protection  of  the  rights  and  liberties  of  the 
citizen  under  our  Constitution  ? 

Our  Hope  is  in  the  People. 

"a  thousand  teaks  scarce  served  to  form  a  state  j 
an  hour  mat  lat  it  in  the  dust  j  and  when 
Can  man  its  shattered  splendor  renovate, 
Recall  its  virtues  back,  and  vanquish  Time  and  Fatb?" 


F A  C-S I M  IL  E  OF  THE   KEY  OF  THE  BASTILE.  PARI 


APPENDIX. 


WE  here  give  a  copy  of  some  of  the  Orders,  Proclamations, 
etc.,  issued  by  the  President,  or  his  Secretaries,  in  regard 
to  the  illegal  arrests  and  imprisonment  of  citizens.  It  will  be 
seen,  from  these  orders,  that  Mr.  Lincoln  was  responsible 
for  all  the  arrests  made,  whether  by  the  civil  or  military  author- 
ities. 


A. 

On  the  3d  of  December,  1861,  an  order,  signed  by  Soth 
C.  Ilawley,  Chief  Clerk  of  the  Metropolitan  Police  Commis- 
sioners of  Xew  York,  was  read  to  the  prisoners  of  state  in 
Fort  Lafayette.  He  acted,  as  he  stated,  under  orders  of  Wm. 
EL  Seward,  Secretary  of  State.    The  order  ran  as  follows : 

"  I  am  instructed  by  the  Secretary  of  State  to  inform  you  that 
the  Department  of  State  of  the  United  States  will  not  recognize 
any  one  as  an  attorney  for  political  prisoners,  and  will  look  with 
distrust  upon  all  applications  for  release  through  such  channels; 
and  that  such  applications  will  be  regarded  as  additional  reasons 
for  declining  to  release  the  prisoners. 

"And  further,  that  if  such  prisoners  wish  to  mako  any  com- 
munication to  tho  Government,  they  aro  at  liberty,  and  are 
requested,  to  mako  it  directly  to  the  State  Department. 

(Signed)  Setu  C.  IIawley." 


B. 

A  longthy  proclamation,  promulgated  by  Mr.  Stanton,  en« 
titled,  "Executive  Order  in  relation  to  State  Prisoners,  No.  1," 

847 


848 


AMERICAN  BASTILE. 


and  dated  February  14, 1862,  a  month  after  his  appointment 
as  Secretary  of  War,  appeared  in  the  newspapers.  This  order 
contained  a  summary  of  Mr.  Stanton's  views  and  opinions 
upon  the  revolution  in  the  Southern  States,  its  course  and 
probable  results,  and  upon  the  action  of  the  Federal  Govern- 
ment, and  concluded  thus : 

"  The  insurrection  is  believed  to  have  culminated  and  to  bo 
declining.  The  President,  in  view  of  these  facts,  and  anxious  to 
favor  a  return  to  the  normal  course  of  the  Administration,  as  far 
as  a  regard  for  the  public  welfare  will  allow,  directs  that  all  poli- 
tical prisoners  or  state  prisoners  now  held  in  military  custody, 
be  released  on  their  subscribing  a  parole,  engaging  them  to  ren- 
der no  aid  or  comfort  to  enemies  in  hostility  to  the  United  States. 
The  Secretary  of  War  will,  however,  in  his  discretion,  except 
from  the  effects  of  this  order  any  persons  detained  as  spies  in 
the  service  of  the  insurgents,  or  others  whose  release  at  the 
present  moment  may  be  deemed  incompatible  with  the  public 
safety. 

"  To  all  persons  who  shall  be  so  released,  and  shall  keep  their 
parole,  the  President  grants  an  amnesty  for  any  past  offences  of 
treason  or  disloyalty  which  may  have  been  committed.  Extra- 
ordinary arrests  will  hereafter  be  made  under  direction  of  the 
military  authorities  alone. 
"  By  order  of  the  President. 

(Signed)  Edwin  M.  Stanton, 

Secretary  of  War/' 


C. 

Shortly  afterward,  the  following  order  was  also  promulgated 
by  the  Secretary  of  War : 

M  OFFICIAL. 

"Executive  Order  No.  2,  in  relation  to  the  State  Prisoners. 
"War  Department,  Washington  City,  February  27,  18G2. 
"  It  is  ordered : 

M  First  That  a  special  Commission  of  two  persons — one  of  mili- 


APPENDIX. 


840 


tary  rank,  and  the  other  in  civil  life  — he  appointed  to  examine 
the  cases  of  the  state  prisoners  remaining  in  military  custody  of 
the  United  States,  and  to  determine  whether,  in  view  of  the  pub- 
lic safety,  and  the  existing  rebellion,  they  should  be  discharged, 
or  remain  in  military  custody,  or  be  remitted  to  the  civil  tribunals 
for  trial. 

"  Second.  That  Major-General  John  A.  Dix,  commanding  in  Bal- 
timore, and  the  Hon.  Edwards  Pierrepont,  of  New  York,  be  and 
they  are  hereby  appointed  Commissioners  for  the  purposes  above 
mentioned ;  and  they  are  authorized  to  examine,  hear,  and  deter- 
mine the  cases  aforesaid,  ex  parte,  and  in  a  summary  manner,  at 
auch  times  and  places  as  in  their  discretion  they  may  appoint, 
and  make  full  report  to  the  War  Department. 

"  By  order  of  the  President. 

(Signed)  Edwin  M.  Stanton, 

Secretary  of  War." 


D. 

"War  Department, 
Washington,  July  26,  1862. 
"  To  H.  M.  Hoxie,  United  States  Marshal  of  the  District  of 
Iowa: 

"You  are  hereby  authorized  and  instructed  to  arrest  and  im- 
prison any  disloyal  person  or  persons  in  your  district,  who  shall 
do  any  act  or  make  any  declaration  or  publication  to  discourage 
or  prevent  enlistment  of  volunteers  to  suppress  the  rebellion,  or 
to  afford  aid  and  comfort  to  the  enemies  of  the  United  States 
You  are  also  authorized  and  directed  to  call  upon  any  military 
officer  in  your  district,  or  elsewhere  convenient  thereto,  for  mili- 
tary force  to  guard  and  keep  them  in  safe  custody. 

"Any  person  or  persons  arrested  under  this  authority,  you 
will  transport  in  safe  custody  to  the  Military  Governor  of  the 
District  of  Columbia,  and  make  report  to  this  Department. 

"  All  officers  and  persons  in  the  military  service  of  the  United 
States  to  whom  this  order  may  be  exhibited,  and  who  shall  be 
called  upon  by  the  within-named  Marshal  for  aid  to  make  arrests 
of  disloyal  persons,  are  hereby  directed  to  render  such  aid  as 
54 


850 


AMERICAN  BASTILE. 


may  bo  at  tneif  command,  and  employ  their  force  for  thai  pui» 
pose.  The  necessary  transportation  and  subsistence  required 
for  the  execution  of  this  order  will  be  furnished  by  all  quarter- 
masters  and  commissaries  when  requisitions  may  be  made. 

(Signed)  Edwin  M.  Stanton, 

Secretary  of  War." 

"  INDORSEMENT. 

11  Friend  Lowery  :  Eead  the  within  carefully,  and,  if  any  one 
in  your  region  comes  within  its  terms,  write  to  Hoxie. 

(Signed)  S.  J.  Kirkwood. 

"  P.  S.  —  There  are  persons,  if  I  mistake  not,  in  Wapello  County, 
that  need  attending  to." 

The  above  is  a  specimen  of  an  order  issued  to  Provost 
Marshals,  authorizing  them  to  make  arrests  prior  to  the  is- 
suing of  the  President's  Proclamation  of  September  24,  1862, 
suspending  the  privilege  of  the  writ  of  habeas  corpus. 

This  order,  directed  to  the  United  States  Marshal  for  Iowa, 
and  indorsed  by  Governor  Kirkwood  of  that  State,  was  the 
authority  for  the  arrest  of  all  citizens  subsequently  arrested 
throughout  all  the  States 


E. 

Orders  of  the  War  Department,  on  which  American 
Freemen  were  kidnapped  and  imprisoned  —  Suspension 
of  the  Writ  of  Habeas  Corpus. 

The  first  public  order  which  emanated  from  the  War  De- 
partment directing  the  kidnapping  of  American  citizens,  and 
indeed  of  every  one  else  who  might  fall  under  the  ban  of  the 
displeasure  of  the  Administration,  was  dated  the  8th  of 
August,  1862. 

A  number  of  cases  of  arbitrary  arrests  had  occurred  before 
this,  some  of  them  as  early  as  May  of  the  previous  year,  but 
there  was  no  general  order,  it  seems,  to  warrant  or  direct  sucb 
proceedings. 


APPENDIX. 


851 


A  telegraphic  despatch,  or  a  private  order  from  the  State 
or  War  Department,  was  the  usual  warrant  previous  to  the 
8th  of  August,  1862,  for  depriving  freemen  of  their  liherty. 

The  orders  were  as  follows : 

"  War  Department,  August  8,  1862. 

Ordered : 

"  First.  That  all  United  States  Marshals,  and  Superintendents, 
and  Chiefs  of  Police  of  any  town,  city,  or  district,  be,  and  they 
are  hereby  authorized  and  directed  to  arrest  and  imprison  any 
person  or  persons  who  may  be  engaged  by  act,  speech,  or  writing, 
in  discouraging  volunteer  enlistments,  or  in  any  way  giving  aid 
and  comfort  to  the  enemy,  or  for  any  other  disloyal  practice 
against  the  United  States. 

"  Second.  That  immediate  report  be  made  to  Major  L.  C.  Turner, 
Judge  Advocate,  in  order  that  such  persons  may  be  tried  before 
a  military  commission. 

"  Third.  The  expense  of  such  arrest  and  imprisonment  will  be 
certified  to  the  Chief  Clerk  of  the  War  Department  for  settle- 
ment and  payment.  Edwin  M.  Stanton, 

Secretary  of  War." 


F. 

On  the  same  day  another  order  was  issued,  which,  among 
other  things,  suspended  the  writ  of  habeas  corpus,  not  by 
authority  of  Congress,  as  required  by  the  Constitution,  nor 
even  by  the  President  —  granting  he  had  the  authority  to  dc 
so,  which  we  do  not — but  by  Edwin  M.  Stanton,  who  was 
holding  a  mere  statutory  office,  and  who  at  most  had  the 
right  to  exercise  only  such  powers  as  the  statute  creating  the 
office  gave  him  authority  to  do.  But  here,  nevertheless,  is  his 
order  suspending  the  writ  of  habeas  corpus: 

"War  Department, 
Washington,  August  8,  1862. 
u  Order  to  prevent  evasion  of  military  duty  and  for  suppres- 
sion of  disloyal  practices,  and  for  the  suspension  of  the  writ 
of  habeas  corpus, 

u  First.  By  direction  of  the  President  of  the  United  States,  it 
is  hereby  ordered  that,  until  further  order,  no  citizen  liable  to  be 


852 


AMERICAN  BASTILE. 


drafted  into  the  militia  shall  be  allowed  to  go  to  a  foreign  coun- 
try; and  all  Marshals,  Deputy  Marshals,  and  military  officers  of 
the  United  States,  are  directed,  and  all  police  authorities,  espe- 
cially at  the  ports  of  the  United  States  on  the  seaboard  and  on 
the  frontier,  are  requested  to  see  that  this  order  is  faithfully  car- 
ried into  effect.  And  they  are  hereby  authorized  and  directed  to 
arrest  and  detain  any  person  or  persons  about  to  depart  from  the 
United  States,  in  violation  of  this  order,  and  report  to  L.  C. 
Turner,  Judge  Advocate,  at  Washington  City,  for  further  instruc- 
tion respecting  the  person  or  persons  so  arrested  or  detained. 

"Second.  Any  person  liable  to  draft,  who  shall  absent  himself 
from  his  county  or  State,  before  such  draft  is  made,  will  be 
arrested  by  any  Provost  Marshal  or  other  United  States  or  State 
officer,  wherever  he  may  be  found  within  the  jurisdiction  of 
the  United  States,  and  conveyed  to  the  nearest  military  post  or 
depot,  and  placed  on  military  duty  for  the  term  of  the  draft; 
and  the  expenses  of  his  own  arrest  and  conveyance  to  such  post 
or  depot,  and  also  the  sum  of  five  dollars  as  a  reward  to  the 
officer  who  shall  make  such  arrest,  shall  be  deducted  from  his  pay. 

"  Third.  The  writ  of  habeas  corpus  is  hereby  suspended  in  re- 
spect to  all  prisoners  so  arrested  and  detained,  and  in  respect  to 
all  persons  arrested  for  disloyal  practices. 

(Signed)  Edwin  M.  Stanton, 

Secretary  of  War." 

It  was  by  virtue  of  the  first  of  these  two  orders,  and  before 
an  attempt  had  been  made  to  assume  the  arbitrary  power  to 
suspend  the  writ  of  habeas  corpus,  that  most  of  those  who 
had  been  kidnapped  during  the  months  of  August  and  Sep- 
tember, 1862,  were  deprived  of  their  liberty. 

It  will  be  noticed  —  and  the  reader's  attention  is  specially 
called  to  the  fact  —  that  it  was  designed  to  try  those  who 
were  arrested  under  the  order  of  the  8th  of  August,  by  a 
Military  Commission.  Why  this  was  not  done  is  simply 
because  the  elections  of  October  admonished  the  Administra- 
tion that  it  could  not  go  much  farther  in  subjecting  Ameri- 
can freemen  to  the  despotism  of  arbitrary  power,  with  impu- 
nity. The  Military  Commission  was  named,  and  ready  to 
try  the  victims,  and  of  course  to  convict  them  of  any  crime 
of  which  the  tyrants  chose  to  accuse  them;  but  after  the 


APPENDIX. 


853 


result  of  the  elections  became  known,  the  Commission  was 
diverted  to  another  purpose. 


G. 

1c  was  not  until  the  24th  of  September,  1862,  that  tno 
President  ventured  to  assume  to  himself  arbitrary  power,  and 
avow  the  act  publicly.  This  he  did  by  an  order  of  that  date, 
which  is  as  follows : 

Proclamation  op  September  24,  1862. 

"Whereas:  it  has  become  necessary  to  call  into  service  not 
only  volunteers,  but  also  a  portion  of  the  militia  of  the  States, 
by  draft,  in  order  to  suppress  the  insurrection  existing  in  the 
United  States,  and  disloyal  persons  are  not  adequately  restrained 
by  the  ordinary  process  of  law  from  hindering  this  measure,  and 
from  giving  aid  and  comfort,  in  various  ways,  to  the  insurrection  i 

"  Now,  therefore,  be  it  ordered : 

"  1.  That,  during  the  existing  insurrection,  and  as  a  necessary 
measure  for  suppressing  the  same,  all  rebels  and  insurgents,  their 
aiders  and  abettors,  within  the  United  States,  and  all  persons  dis- 
couraging volunteer  enlistments,  resisting  militia  drafts,  or  guilty 
of  any  disloyal  practice,  affording  aid  and  comfort  to  the  rebels 
against  the  authority  of  the  United  States,  shall  be  subject  to 
martial  law,  and  liable  to  trial  and  punishment  by  court-martial 
or  military  commission. 

"  2.  That  the  writ  of  habeas  corpus  is  suspended  in  respect  to 
all  persons  arrested,  or  who  are  now,  or  hereafter  during  the 
rebellion  shall  be,  imprisoned  in  any  fort,  camp,  arsenal,  military 
prison,  or  other  place  of  confinement,  by  any  military  authority, 
or  by  sentence  of  any  court-martial  or  military  commission. 

"  In  witness  whereof,  I  have  hereunto  set  my  hand,  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

"Done  at  the  City  of  Washington,  this  twenty-fourth 
day  of  September,  in  the  year  of  our  Lord  one  thou- 
[l.  s.J     sand  eight  hundred  and  sixty -two,  and  of  the  inde- 
pendence  of  the  United  States  the  eighty-seventh. 

Abraham  Lincoln. 

«  By  the  President. 

William  H.  Seward,  Secretary  of  State." 


854 


AMEKICAN  BASTILE. 


It  looks  significant  that  this  order  is  countersigned  by 
Wm.  H.  Seward,  and  not  Edwin  M.  Stanton.  Following 
this  order  for  the  suspension  of  the  habeas  corpus,  the  follow- 
ing extraordinary  announcement  was  made  from  the  War 
Department : 

H. 

Orders  of  the  Secretary  op  War,  promulgated  September 

26,  1862. 

"First.  There  shall  be  a  Provost  Marshal  General  of  the  War 
Department,  whose  headquarters  will  be  at  Washington,  and  who 
will  have  the  immediate  supervision,  control,  and  management 
of  the  corps. 

"  Second.  There  will  be  appointed,  in  each  State,  one  or  more 
special  Provost  Marshals,  as  necessity  may  require,  who  will 
report  and  receive  instructions  and  orders  from  the  Provost 
Marshal  General  of  the  War  Department. 

"  Third.  It  will  be  the  duty  of  the  special  Provost  Marshal 
to  arrest  all  deserters,  whether  regulars,  volunteers,  or  militia, 
and  send  them  to  the  nearest  military  commander  or  military 
post,  where  they  can  be  cared  for  and  sent  to  their  respective 
regiments;  to  arrest,  upon  the  warrant  of  the  Judge  Advocate, 
all  disloyal  persons  subject  to  arrest  under  the  orders  of  the  War 
Department;  to  inquire  into  and  report  treasonable  practices, 
seize  stolen  or  embezzled  property  of  the  Government,  detect 
spies  of  the  enemy,  and  perform  such  other  duties  as  may  be 
enjoined  upon  them  by  the  War  Department,  and  report  all  their 
proceedings  promptly  to  the  Provost  Marshal  General. 

"Fourth.  To  enable  special  Provost  Marshals  to  discharge  their 
duties  efficiently,  they  are  authorized  to  call  upon  any  available 
military  force  within  their  respective  districts,  constables,  sher- 
iffs,  or  police  officers,  so  far  as  may  be  necessary,  under  such 
regulations  as  may  be  prescribed  by  the  Provost  Marshal  General 
of  the  War  Department,  with  the  approval  of  the  Secretary  of 
War.  • 

"Fifth.  Necessary  expenses  incurred  in  this  service  will  be 
paid  in  duplicate  bills,  certified  by  the  special  Provost  Marshal, 
stating  time  and  nature  of  service,  after  examination  and  approve* 
by  the  Provost  Marshal  General. 


APPENDIX. 


855 


*  Sixth.  The  compensation  of  special  Provost  Marshals  shall  be 
.  dollars  per  month;  and  actual  travelling  expenses  and  post- 
age will  be  refunded,  on  bills  certified  under  oath  and  approved 
by  the  Provost  Marshal  General. 

"Seventh.  All  appointments  in  this  service  will  be  subject  to  be 
revoked  at  the  pleasure  of  the  Secretary  of  War. 

"  Eighth.  All  orders  heretofore  issued  by  the  War  Department, 
conferring  authority  upon  other  officers  to  act  as  Provost  Mar- 
shals, except  those  who  receive  special  commissions  from  the 
War  Department,  are  hereby  revoked. 

"  By  order  of  the  Secretary  of  War. 

L.  Thomas,  Adjutant  General." 

This  completed  the  assumption  of  arbitrary  power:  nothing 
more  was  needed  to  exercise  it  universally  throughout  the 
whole  country — in  that  portion  of  it  where  the  people  were 
pursuing  their  usual  peaceful  avocations  of  life,  as  well  as  in 
that  portion  of  it  occupied  by  hostile  armies.  These  orders, 
one  and  all,  not  only  usurped  the  legislative  powers  of  Con- 
gress, but  the  judicial  authority  of  the  Courts ;  nay,  powers 
of  government  are  assumed  in  these  orders,  which  the  Con- 
stitution does  not  invest  in  any  department  of  the  Federal 
Government,  but,  on  the  contrary,  reserves  them  especially  to 
the  people.  But  of  what  avail  is  it  that  such  is  the  fact  ? 
The  people  acquiesced  in  these  assumptions  of  power,  and 
many  of  them  approve  of  and  commend  them. 


1. 

Duplicity  of  the  Secretary  op  War — Public  Order  for 
the  release  of  prisoners  of  state  —  private  order  10 
disregard  the  one  publicly  promulgated. 

The  clamors  of  the  people  against  the  imprisonment  of 
political  offenders  wrung  from  the  Secretary  of  War  an  order 
from  his  Department,  dated  the  22d  of  November,  1862,  for 
the  discharge  of  "  all  persons  now  in  military  custody"  who 


856 


AMERICAN  BASTILE. 


had  been  arrested  on  the  alleged  ground  of  discouraging 
enlistments,  etc. 
The  order  was  as  follows : 

"  War  Department,  Washington,  November  22,  1862. 

"  Orlerei:  1.  That  all  persons  now  in  military  custody,  who 
have  been  arrested  for  discouraging  volunteer  enlistment,  opposing 
the  draft,  or  for  otherwise  giving  aid  and  comfort  to  the  enemy, 
in  States  where  the  draft  has  been  made,  or  the  quota  of  volun- 
teers and  militia  has  been  furnished,  shall  be  discharged  from 
further  military  restraint. 

"  2.  That  persons  who,  by  authority  of  the  military  commander 
or  Governor  in  rebel  States,  have  been  arrested  and  sent  from 
such  State  for  disloyalty  or  hostility  to  the  Government  of  the 
United  States,  and  are  now  in  military  custody,  may  also  be  dis- 
charged upon  giving  their  parole  to  do  no  act  of  hostility  against 
the  Government  of  the  United  States,  nor  render  aid  to  its  ene- 
mies. But  all  such  persons  shall  remain  subject  to  military 
surveillance  and  liable  to  arrest  on  breach  of  their  parole.  And 
if  any  such  persons  shall  prefer  to  leave  the  loyal  States  on  con- 
dition of  their  not  returning  again  during  the  war,  or  until  spe- 
cial leave  for  that  purpose  be  obtained  from  the  President,  then 
such  person  shall,  at  his  option,  be  released  and  depart  from  the 
United  States,  or  be  conveyed  beyond  the  military  lines  of  the 
United  States  forces. 

"  3.  This  order  shall  not  operate  to  discharge  any  person  wh  i 
has  been  in  arms  against  the  Government,  or  by  force  and  arms 
has  resisted,  or  attempted  to  resist  the  draft,  nor  relieve  any 
person  from  liability  to  trial  and  punishment  by  civil  tribunals, 
or  by  court-martial  or  military  commission,  who  may  be  amena 
ble  to  such  tribunals  for  offences  committed. 

"  By  order  of  the  Secretary  of  War. 

E.  D.  TOWNSEND, 

Assistant  Adjutant-General." 

While  this  order  was  promulgated  to  satisfy  the  public,  a 

secret  private  order  was  issued  at  the  same  time  to  the  commanders 
of  the  J3astiles,  not  to  release  any  political  offenders  under  tht 
•public  order. 
The  following  is  a  copy  of  this  secret  order : 


APPENDIX. 


J. 

"Washington,  Nov.  24,  11.50  a.  m 
"Commanding  Officer,  Fort  : 

"None  of  the  prisoners  confined  at  your  post  will  be  released 
under  orders  of  the  War  Department  of  the  22d  inst.,  without 
special  instructions  from  the  Department. 

M  By  order  of  Secretary  of  War. 

E.  D.  Townsend,  A.  A.  Gr." 

Thus  is  the  Secretary  of  War  convicted  of  duplicity, 
hypocrisy,  treachery,  and  deceit,  as  scarcely  one,  if  any 
prisoner  was  released  under  the  order  of  the  22d  of  Novem 
ber.  On  the  contrary,  most  of  the  prisoners  in  Forts  Lafay 
ette  and  Delaware,  if  not  in  other  Bastiles,  were  still  kept  in 
confinement  until  late  in  December,  and  some  of  them  for  a 
considerable  time  afterward. 

Notwithstanding  these  well-attested  facts,  Mr.  Stanton,  in 
a  report  made  by  him  on  the  29th  of  November,  stated  that, 
"by  a  recent  order,  all  persons  arrested  for  discouraging 
enlistments  and  disloyal  practices  in  States  where  the  quotas 
of  volunteers  and  militia  are  filled  up,  have  been  released. 
Other  persons  arrested  by  military  commanders  and  sent 
from  the  departments  where  their  presence  was  deemed  dan- 
gerous to  the  public  safety,  have  been  discharged  upon  parole 
to  be  of  good  behavior  and  do  no  act  of  hostility  against  the 
Government  of  the  United  States." 

This  Mr.  Stanton  knew  was  a  barefaced,  wilful,  and  pre- 
meditated falsehood,  uttered  to  mislead  and  deceive  the 
public. 

It  is  also  alleged,  and  it  is  no  doubt  true,  judging  the  cir- 
cumstances by  the  other  acts  of  duplicity  of  Mr.  Stanton, 
Secretary  of  War,  that  on  the  application  of  the  Hon. 
Ruverdy  Johnson,  an  order  was  issued  from  the  War  De- 
partment for  the  release  and  discharge  of  Judge  Carmichael, 
of  Maryland,  and  that  a  private  order  was  sent  simultaneously 
to  the  Commandant  of  Fort  Delaware,  not  to  release  Judge 
Carmichael  on  the  presentation  of  the  order  to  that  effect. 


85S 


AMERICAN  BASTILE. 


K. 

An  Act  relating  to  Habeas  Cdrpus,  and  regulating  Judi 
cial  Proceedings  in  certain  cases.    Approved  March 
3,  1863. 

Never  was  more  power  over  the  rights  and  liberties  of  the 
citizen  placed  in  the  hands  of  any  one  man,  than  that  granted 
by  the  above  act  of  Congress,  only  two  sections  of  which  we 
here  quote.  Citizens  who  have  never  seen  this  act  of  Con- 
gress will  be  astonished  at  the  despotic  and  tyrannical  rule 
under  which  they  lived  during  the  Administration  of  Mr. 
Lincoln. 

They  are  as  follows  : 

Section  1.  Be  it  enacted  by  the  Senate  and  House  of  Represent a< 
tives  of  the  United  States  of  America  in  Congress  assembled,  That, 
during  the  present  rebellion,  the  President  of  the  United  States, 
whenever,  in  his  judgment,  the  public  safety  may  require  it,  is 
authorized  to  suspend  the  privilege  of  the  writ  of  habeas  corpus 
in  any  case  throughout  the  United  States,  or  any  part  thereof. 
And  whenever  and  wherever  the  said  privilege  shall  be  sus- 
pended, as  aforesaid,  no  military  or  other  officer  shall  be  com- 
pelled, in  answer  to  any  writ  of  habeas  corpus,  to  return  the 
body  of  any  person  or  persons  detained  by  him  by  authority  of 
the  President ;  but  upon  the  certificate,  under  oath,  of  the  officer 
having  charge  of  any  one  so  detained,  that  such  person  is  de- 
tained by  him  as  a  prisoner  under  authority  of  the  President, 
further  proceedings  under  the  writ  of  habeas  corpus  shall  be  sus- 
pended by  the  judge  or  court  having  issued  the  said  writ,  so 
long  as  said  suspension  by  the  President  shall  remain  in  force, 
and  said  rebellion  continue. 

Sec.  4.  And  be  it  further  enacted,  That  any  order  of  the  Presi 
dent,  or  under  his  authority,  made  at  any  time  during  the  exist- 
ence of  the  present  rebellion,  shall  be  a  defence  in  all  courts  to 
any  action  or  prosecution,  civil  or  criminal,  pending,  or  to  be 
commenced,  for  any  search,  seizure,  arrest,  or  imprisonment, 
made,  done,  or  committed,  or  acts  omitted  to  be  done,  under 
and  by  virtue  of  such  order,  or  under  color  of  any  law  of  Con- 
gress, and  such  defence  may  be  made  by  special  plea,  or  under 
the  general  issue. 


Who  make.  . 
Has  made  the  Ivory  o  er  and  o'er 
For  Procter  &  Gamble  heretofore. 
Besides,  this  soap  brings  to  the  till 
More  profit  than  the  Ivory  will." 

He  means  to  use  by  such  a  game, 
Your  reputation  and  good  nam 
A  fraud  or  counterfeit  to  sell 
Of  what  is  known  and  proven  well. 

This  means  his  soap  will  never  go 

On  its  own  merits  fast  or  slow  ; 

And  you,  like  him,  the  truth  must  toss 

Clean  overboard,  or  sell  at  loss. 

It  means  still  more,  that  throughout  the  land 

The  Ivory  Soap 's  in  great  demand. 

For  none  chase  with  imitations  frail 

An  article  that  has  no  sale. 

And  who  for  counterfeit  will  pay 

The  price  of  genuine  goods  to-day? 

Then  whence  can  the  advantage  flow 

Or  how  can  you  "more  profit"  know? 

Reply  to  all  who  do  intend 
To  use  you  thus  to  gain  their  end : 
"  When  you  for  your  own  soap  create, 
Upon  its  worth  demand  as  great 
As  Ivory  Soap  this  day  can  claim, 
I'll  buy,  should  trade  require  the  same ; 
But  have  no  time,  I  tell  you  true, 
To  introduce  your  soap  for  you, 
And  customers  perhaps  offend 
With  goods  I  fear  to  recommend." 

Don't  buy  the  soap  that  salesmen  say: 
"  Is  like  the  Ivory  every  way," 
For  grocers  can  this  tale  unfold 
Of  every  hundred  cakes  they  sold 
On  seventy-five  a  loss  they  bore, 
Or  else  it  ne'er  had  left  their  store. 


:  puxa  eintujoj  blubs  eqq. 
jouj  ui  apBui  Sj;(  I  ahoaj  aqj, 
auav  AJdA3  ui  'ais  'sjBiiba  siqx,, 
:  Aus      spaaooad  pire  'sa[duiBS  sijj 
piojun  ajaq^      aotfjd  moA  ui  sauiOQ 
pioq  ubuis8[Bs  u  dtfos  araos  qjiAv  uaq^ 

•ensaud  asanoo  siq;  pu^T  aq;  inioq^noaqj, 
'Avaj  u  ;ou  ke[doad  a^jbjo 
'paouiraoo9j  p^noM.  auou  saansBeui  qjrmcuqj, 
pua  siq  uibo      s9Aia;s  Aaqucmi  siqx. 


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