Correspondence of Jefferson Davis and others relating "to the trial and conviction of W. E. Coffman by a military court ..."

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Duke University Libraries
Correspondence
Conf Pam #427

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HOUSE OF REPllESENTATIVES, 1 ubniary 13, 1864.— Laid
on the table and ordered to be printed.

MKS8AGE OF THE PRESIDENT.

Richmond, Va., Feb 12, 18ti4.

To the llou^i. uf Representatives :

In response to your resolution of the 29th ultimo, I herewith
transmit for your information a communication from the Secretary of
of War, submitting copies of papers relating " to the trial and con-
viction of W. E. Coftman by a military court, " and to " a writ of
habeas corpus issued from the circuit court of llockingham county,
Va., to prevent the execution of said Coffman. "

JEFFERSON DAVIS.

COMMUNICATION FROM SECRETARY OF WAR.

Confederate States of America, )

War Department, ^

Richmond, Va., February II, 1864.)

To the T resident of tlie Confederate States :

Sir: 1 have received the following resolution of the llou^jc of
Representatives, referred by your Excellency to this department :

•' Resulvtd, That the President be respectfully requested to com-
municate to this House all the orders, correspondence and other
papers relating to the trial and conviction of W. E. Coft'raan by a
military court, under orders from General Imboden, and also relating
to a writ of habeas corpus issued from the circuit court of Jiocking-
hain county, Va., to prevent the execution of said Coffman."

In response, I have the honor to transmit herewith the papers
called for by the House, with the exception of the record of the court
by which Mr. Coffman was tried, said record having been stolen from
the oflicc of tho provost marshal at Harrisonburg, as will appear from
the enclosed affidavit. A copy of General Imboden's order directing
the execution of Coffman is transmitted.

Very respectfully, your obedient servant,

JAMES A. SEDDON,

Secretary of War,

Headquarters, Staunton, Va,, Feb, 6. 1864.

General JS. Cooper :

(iENEKAi-: Enclosed please find the papers in the case of W, E,
CofAnau. As you will see, the proceeding of court martial in the case
have been ^itolen from the office of provost marshal at Harrisonburg.
1 am, General, very respectfully,

Your obedient servant,

J. Q. A. NADENBOUSGH,

Col. commanding post.

Mount Jackson, Feb. 4, 1864.

Captain John Avi?,,

Pfovost Marshal^ Staunton :

Captain: I enclose you a copy of the general order sentencing
CofFman. The original proceedings in the case were sent to Harrison-
burg in December to be used in the habeas corpus trial before Judge
Allen, and left with Captain Smith, provost marshal. I understand
the record was stolen from Captain Smith's office. I write to him
by this day's mail to forward you the record if it has been found. If
not, to send you a certificate of the loss by theft of some one. The
only paper^ have bearing on the case at all, are the general orders I
made convening the court and afterwards sentencing him to be
hanged.

Very respectfully, your obedient servant,

J. D. IMBODEN,

Brigadier General.

Provost Marshal's Office. >
Harrisonhurg, Va., Feb. 6, 1864. J

T. William McK. Wartmann,fsolemnly swear, that I am a clerk in
the provost marshal's office, Harrisonburg, Va. ; that some time in
the lattei''part of December, 1863, Captain Smith, provost marshal,
handed to me the original proceedings of the court martial in the
case of Wm. E. Coffmau, Avith directions to copy the same and for-
ward the copy to Messrs. Michie and Harman. The original
papers were handed to me late in the afternoon, and not having time
to copy them on that day, I proceeded to put them in a private, and,
as I supposed at the time, a secure part of the desk, preparatory to
copying it in the morning. No one was in the office but myself when
the papers were put away. On entering the office next morning, I
found everything as I had left it on the preceding evening, except,
that the papers above referred to, had been abstracted during the

!f-1

night. The lock of the office door had been temporarily removed for
repairs, and it is presumed the tliief made n^^e of that circumstance
to obtain access to the office and abstract the record. !No clue to the
missing record has been obtained since.

WxM. McK. WARTMANN.

Sworn to before me this 6th day of February, 1864.

0. C. STIRLING, /. P.

Provost Marshal's Office, }
Jlarrixniihurs^. Va., Feb. G, 1SG4. ji

Captain Avis, Provost Mars/in/ :

Enclosed please find affidavit, directed by General Imboden to
be sent to you. No trace of these papers has ever been discov-
ered since their abstraction.

Respectfully, <^'c..

.T. W. G. SMITH,

Capt. and Pro. Mar.

IlF.AnQUARTERS VaI.T.KY DiSTRICT, }

Kratzcr'a Sprhia. Dec. 4, 1803. I

GENERAL ORDERS, } *

No. 14. S

I. At a fjeneral court martial, continued and held at these headquar-
ters at Dudley's fnnn, on the 3nd day of November, I ><G3, and adjourned
to and continued and held at itarrisonburir, DofombcrS, 1SG3, pursuant
to General Onler^, No. 4, September, 1800. from these headqup.rters,
was tried William E. Coft'man, a citizen of Rockincfham county. Vir-
ginia, on the followinn; charge and specification :

(/HAR(.F,. — Violation of the o7th article of why

Specification. — In this, that the aforesaid "William E. Coft'man, has
been, for an indefinite time, in regular correspondence with the ene-
mies of the Confederate States, without authuvity and to the injury
of the aforesaid States. Furthermore, that he ha? boon, for a long
time, in the habit of lurking in the neighhorliood of Confederate
States forces, andgivingjinformation and intelligence, gained thereby,
to the enemies of the aforesaid Confederate States ; and that he does
not belong to the military organization Pithor of {ho Vri'fof] 9--if,.«:or
of the Confederate States.

finding.

Of the specification. niiiity.

Of the charge, {luiiry.

SF.NTENCK.

.\nd the coiu't do therefore sentence the said William E. Coffman tcf

i

lie hanged by tlie neck until he is dead, at such time and place ns the
commanding general may direct.

But the court, being in great doubt as to the extent of the juris-
diction of courts martial over the persons of citizens, not soldiers,
guilty of the crime charged against the accused, expressly decline to
decide ^vhether their juri.-.diction extends to the person of William E.
('oilman, •who appears to be a citizen of the State of Virginia, and
not connected with the antiy. The court comes to the anomalous de-
cision Avith regret, but being unable to decide upon the propriety of ac-
quitting the accused on the ground of want of jurisdiction, and being,
by the doubt entertained upou the point, unable to convict and sen-
rence him absolutely, they proceed upon the asssuvnption that the
ordes referring the case to thorn for trial is sufficient authority foi-
their jurisdiction of the case, and make their finding .ind ^(nitencc
dependent upon the validity and legality of that order.

11, The proceedings, findings and sentence, in the forego! hl; ca,<e,
nvr ;tpproved. The commanding general with the highest respect for
the opinion of the court, has maturely considered its qualificatlcn of
the sentence, arising from the doubt on the mind of the court,
•whether it had jurisdiction of the case, and making its sentence de-
pendent upon the validity and legality of the order of the command-
ing general, referring the case to the court for trial, which, if legal
and valid, the court assumes conferred jurisdiction, and he has,
without difficulty, arrived at the concluision that a general court mar-
tial has jurisdiction to try any one — citizen, alien enemy, or soldier —
for a violation of the 57th article of War. He is of opinion that vio-
lations of said article of war can only be punished by sentence of a
court martial and not by a civil tribunal. The pronoun "'' whosever "
was evidently intended to mean any one without exception, who " shall
be convicted." kc. If Congress had intended to restrict the penalty
of the 57tli article of war, it would clearly have employed the re-
strictive clause " belonging to the armies of the Confederate States,"
found in the 5jth article. Not having done so, the conclusion seems
irresistable, that the broad language of the article in question was in-
tended to embrace all classes of persons, without exception, as capable
of committing the high crimes enumerated against the military code
— the articles of war of the Confederate States. And if capable of
committing the crime, they must b-3 amenable to the tribunal created
for the trial of such offenders — a general court martial.

The commading general therefore decides without hesitation or doubt,
that the Court had jurisdiction to try the case of the said William E.
Goffman, and that the order referring said case to tlie court was legal
and valid.

It is therefore ordoi'ed that the said William E. Coff'raan be securely
ironed and kept in close confinement until Friday, the 18th day of De-
cember, 18!)S, and that on that, day, between the hours of 9, A. M.
and 4, P. M., he be taken thence, under charge of the brigade officer
of the day, and hanged by the neck, in the presence of this brigade,
till he is dead, at such place as the brigade may then be encamped, or,
if the exigen^^ies of the service shall call the brigade too far away.

that this scntonco be carried into execution by the provoi^t marshal
and guard, where ho may be confined on the day and between the
hours above named.
By command of

J. D. IMBODEN,
Brigadier General Commandine;.

Mount Jackson, Shenandoah Countv, >
F^'hruarij 4, 18G4. ^

Official :

F. B. Bfrkf.i.v, a. a. a.

OhFiCF. J'liovosT Marshal. }
Siaunto/i, Docemher 17, ISO.'i. S

(.Jenfrai.: Please see enclosed a copy of wv'a o^ habeas cor pwi yi\nc\\
has just been served on me. Not knowing whether my communication
would reach you or not, I have telegraphed the Secretary of War for
instructions also. Please direct me.

I have the honor to be, very respectfully,

Your obedient servant,

JOHN AVIS,
Captai:., Prornst ]\Inrshal.
Brigadier General J. D. I.MBonK?v, commanding, Ss'c.

Thf. Common wkalth of ViRf;iNFA :

To the Sheriff of Augusta county, and to Genera/ John I). lmhod(n^
Cap'ain John Avis, Provost Marshal at, Staunton, and George Harlan,
Jailor of Augusta county :

Whereas, it is allec'cd by William E, Cofimau that he, a citizen of
Rockingham county, in Virginia, in no wise connected with the army
or navy of the Confederate States, and not liable to any military
duty either to the State of Virginia or to the Confederate States of
America, has been arrested by the military authorities on the charge
of aiding deserters from the army and communicating with the enemy.
Has been tried before a court martial at the camp of General John D.
hnboden and sentenced to be hanged on the 18th day of December,
1863, and is now confined in the jail of Augusta county, Virginia,
waiting the execution of said sentence; and that, as such citi/.en. his
saiti iirrest, trial and present imprisonment are unlawful ; and it
appearing from the sj)ecification of the charge upon which he was
thus tried that the said ('oft'man does not brdong to the militar}'
organization ol' either the Lnited States or the Confederate States,

and the court expressly dcclinin<i; to decide Avhcther their jurisdiction
extends to the person of William E. Coft'man, who appears to he a
citizen of the State of Virginia and not connected with the army, but,
finding him guilty, submitted their action to the commanding general,
making their finding and sentence depend not upon the legality and
validity of the order referring the case to them, which finding and
sentence are approved by the commanding general, John D. Imboden,
who thereupon ordered that said William E. Coffman be securely
ironed and kept in close confinement until Friday, the 18th daj of
December, lS6.i, and that on that day, between the hours of nine, A.
M.. and four, P. M., he be hanged by the neck till he is dead ; and
the said William E. Coft'man having prayed that the Commonwealth
writ of haheaa corpus ad suhqucrondimi may be awarded him, that the
cause and validity of his said arrest, trial, sentence and present im-
prisonment may be fully enquired into and adjudicated. And there
l)eing probable cause to believe that the said Y\'illiam E. Coliman is
now detained without lawful authority, therefore you, the said John
D. Imboden, John Avis and George Harlan, or whoever of you shall
have the custody or control of William E. Coffman, are required, in
the name of the Commonwealth of Virginia, to bring before me the
body of the said William E. Coffman, at the court house of Rocking-
ham county, A'irginia, on the 2.'3rd day of December, 1863, together
with the grounds and cause of said arrest, trial, conviction, sentence
and present imprisonment, the record of his said trial, and all other
evidence touching the case which the truth and right of the matter
shall demand, and him, the said William E. Coffman, you shall faith-
i'ully keep until he shall be so produced and his cause fuliy investi-
gated. And you, the said Sheriff of Augusta county, Virginia, are
hereby required forthwith to execute this precept upon the said John
1). Imboden, John Avis and George Harlan, and make a return
thereof and the manner of executing the same at the place and time
when and where the same is returnable, under the penalty by law
provided. Given under my hand, a Judge of the twelfth judicial
Circuit in Viiginia, tliis the i(!th dav of December, ISCS.

(Signed.) ' d. W. F. ALLEN,

Ji/dfie Twelfth Judicittl Circuit in Jirginia.

Official :

John Av

Captain, Provost MarsJial.

IIeapquarters Vallky District, in the Field, j»

December 16, 1863. S

The within paper lias just been handed to me. Assuming it to be
official, I acknowledge service thereof. In reply thereto I decline
obedience to the writ on the ground, first, that, in the case as stated
in the writ, a State court has no power to take the prisoner out of his
present custody. He has been regularly tried before a court martial.

or;;aiiized according to tlie laws of the Confederate iStates and the
articles of war of the same, and found guilty, on the facts, of one of
the highest crimes known to the military code.

I hold that none but a Confederate States civil court can revievr
the proceedings of said court martial.

Secondly. The guilt of tlie prisoner being clear beyond a doubt, he
shall not escape the penalty of his crime on a m4rc technicality, if I
can prevent it. I have, for nearly three years, been exposing my life,
as a citizen of Virginia, to defend my home and country against a
barbarous foe. This criminal ceased to be entitled to ])rotection of
our laws when he took sides with our enemy, and I hold I had the
right to hang him as soon as caught, without a trial ; but, out of abun-
dant caution, I gave him a trial, lie is found guilty. I have
sentenced him to death and will hang him. I hold myself responsible
before the courts and country for doing what I deemed a righteous act.

J. I). IMBODEN,
Brigadier General Commanding.
A copy :

John A\t.s,

Captain, Provoal Maralial.

Office Provost Marshal, /
Staunton. Dec. 17th, 18G3. S

General: At the 8ara«i time, 1 dispatched to you for instructions,
in regard to the writ of habeas corpus, in the case of AVm. E. Coff-
mon, sentenced by court martial to be hung to-morrow, I dispatched
by courier to General Imboden, enclosing a copy of the writ. Please
see enclosed a copy of the writ, with General Imboden's return ; also
a copy of his letter ordering me to proceed to execute the sentence
at the time and place ordered.

Tu the meantime receiving your dispatch directing mc to obey the
writ, I shall suspend the execution in accordance with your direction.
I will, hoAvever, hold Cotlman in my custody until the day designated
in the writ, and in the event no farther instructions are received from
you, I will produce him as recjuired. All papers in my possession in
reference to his case arc hci'cwith forwarded.

I have the honor to be, very respectfully,
Your obedient servant,

-KJllN AVIS,
Vaptaiii. Provost Marshal.
Gen. S. Cooi'ER,

Adjutant and Jnspector (.iencrul.

8

RiGHjioiNj), Dec. I7tli, lt»Gc5.
dipt. John Avis.

Provost Marshal,
Obey the writ of habeas corpus in tiie case of W'ni, E. Cotfman, and
forward papers to this otHce.

S. COOPER.

Office Provost Marshal, >
Staunton, Dec. 1 7th, 1863. )

General — Since receiving the \yrit with your returns, and also your
letter, I have 'received the enclosed dispatch from General Cooper.
In accordance with his directions, I have prepared the papers, and
will forward them by mail to-morrow.

I have the honor to be. General,

A'^ery respectfully, your obedient servant,
JOHN AVIS, Captain,

Frovost Marshal.
Brigadier General J. D. Imbodenji

Commanding Valley District,

Brownsburg, Va.

llEAnQUARTERS, VaLLEV DlSTKICT, i

In the Field, ^
December 17th, 1863. V

Capt. John Ams, Provost Marshal,

Staunton, Va. :
(Japtain : The writ of habeas corpus in the case of Wm. E. Coffman
has just been received by me. I have made my return on i* , and send it
back to you. You will please retain a copy of the writ and return,
and send the original to .ludge Allen, or the clerk of me circuit court
of Rockingham. I decline to obey tlie writ, and now direct you to
execute the sentence of death on William E. Coffman, according to
the order in his case, at the time therein mentioned. I assume the
wholo respoutibility of the execution, and also the responsibility of
ordering jou to disregard the writ. A more unmitigated scoundrel
was never hung. I will camp near Brownsburg to-night.

Yours, respectfully,

J D. IMBODEN, Brig. General.
A true copy,
John Avis,

Captam, Provost .Marshal.

[TELEGRAPHIC]

Office Provost Marshal, )
Staunton, Fa., December 17, 1863. >

Gen. S. Cooper,

Adjutant and Inspector General, Richmond :

W. E. Coffman is now in ray custody, sentenced to be hanged, to-
morrow, by court-martial. A writ of habeas corpus has just been
served on me. I do not know that I can communicate with General
Imboden. What shall I do ? Tried under the fifty-seventh article of
war.

JOHN AVIS,
Captain, Provoit Marshal

[TELEGRAPHIC]

Office Provost Marshal,
Staunton, Va., December 17, 1863

S.I

S. Cooper,

Adjutant and Inspector General, Richmond, Va.:

Since my dispatch to you, I have communicated with General Im~
boden, who has made return on the writ, and directs me to execute
the man.

JOHX AVIS,
Captain, Provost Marshal.

[TELEGRAPHIC]

Office Provost Marshal,
Staunton, Va., December 21, 1863.

I

General S. Cooper,

Adjutant and Inspector General, Richmond, Va. :

Must I obey the writ in the CofFman case, or only suspend execu-
tion ? One order from you directed me to obey the writ ; the other,
to suspend execution until further orders. The writ is returnable on
the 23d instant.

JOHN AVIS,
Captain, Provost Marshal.

^k

peRmaliffe*

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