Gideon Welles to William H. Seward, April 13, 1863

Navy Department,

13 April, 1863.

Sir,

I have the honor to acknowledge the receipt of your communication of the 11th inst., enclosing a note of Lord Lyons and correspondence relative to the mail of the Peterhoff.

His Lordship complains that the Peterhoff's mails were dealt with, “both at Key West and at New York in a manner which is not in accordance with the views of the Government of the United States, as stated in your letter to the Secretary of the Navy, of the 31st Oct. last.”

Acting Rear Admiral Bailey, an extract from whose letter is enclosed, in the correspondence transmitted on the 14th ulto., gave Her Majesty's Consul at Key West an authenticated copy of the law of the United States, and of the instructions based thereon, on the subject of papers which strictly belong to the captured vessels and the mails.

By special direction of the President, unusual courtesy and concession were made to neutrals in the instructions of the 18th August last to Naval Officers, who themselves were restricted and prohibited from examining or breaking the seals of the mail bags, parcels, &c. which they might find on board of captured vessels, under any pretext, but were authorized at their discretion to deliver them to the Consul, commanding naval officer, or the legation of the foreign government to be opened, upon the understanding that whatever is contraband, or important as evidence concerning the character of a captured vessel, will be remitted to the prize court, &c.

On the 31st of October last, I had the honor to receive from you a note suggesting the expediency of instructing naval officers that, in case of capture of merchant vessels suspected or found to be vessels of insurgents, or contraband, the public mails of every friendly or neutral power, duly certified or authenticated as such, shall not be searched or opened, but be put as speedily as may be convenient on the way to their designated destination. As I did not concur in the propriety or “expediency” of issuing instructions so manifestly in conflict with all usage and practice, and the law itself, and so detrimental to the legal rights of captors, who would thereby be frequently deprived of the best, if not the only, evidence that would insure condemnation of the captured vessel, no action was taken on the suggestions of the letter of the 31st October, as Lord Lyons seems erroneously to have supposed.

In the only brief conversation that I ever remember to have had with you, I expressed my opinion that we had in the instructions of the 18th of August gone to the utmost justifiable limit on this subject. The idea that our Naval officers should be compelled to forward the mails found on board the vessels of the insurgents — that foreign officials would have the sanction of this government in confiding their mails to blockade runners and vessels contraband, and that without judicial or other investigation, the officers of our service should hasten such mails, without examination, to their destination, was so repugnant to my own convictions that I came to the conclusion it was only a passing suggestion, and the subject was therefore dropped. Until the receipt of your note of Saturday, I was not aware that Lord Lyons was cognizant such a note had been written.

Acting Rear Admiral Bailey has acted strictly in accordance with the law and his instructions in the matter of the Peterhoff’s mail. The dispatch of Lord Lyons is herewith returned.

I am, respectfully,

Your Obd't Serv't,

Gideon Welles,

Secty. of Navy.

Hon. Wm. H. Seward,

Secty. of State.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 270-2

Diary of John Hay: October 24, 1863

This morning the President said that Dana has continually been telegraphing of Rosecrans’s anxiety for food; but Thomas now telegraphs that there is no trouble on that score. I asked what Dana thought about Rosecrans. He said he agreed that Rosecrans was for the present completely broken down. The President says he is “confused and stunned like a duck hit on the head,” ever since Chickamauga. . . .

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 112; For the whole diary entry see Tyler Dennett, Editor, Lincoln and the Civil War in the Diaries and letters of John Hay, p. 106-7

Lieutenant-Colonel Rutherford B. Hayes to Lucy Webb Hayes, July 14, 1862

Camp Green Meadows, July 14, 1862.

Dearest: — I am so pleased with your affectionate letter, that I sit down merely to “jaw back,” as the man said of the responses in the Episcopal service.

I love you just as much as you love me. There now! Yes, dearest, this separation so painful does, I think, make us both dearer and better. I certainly prize you more than ever before, and am more solicitous about your happiness. . . .

We came here yesterday. It is a fine camp, but warm and summery compared with Flat Top. There is no noticeable scenery in view from camp, but we are near New River at the mouth of Bluestone River where the scenery is truly grand. I rode down there this morning to enjoy it. We marched fifteen miles yesterday — the happiest gang of men you ever saw. We are nearer the enemy, and have more of the excitement incident to such a position than at Flat Top. I am in command here, having six companies of the Twenty-third, Captain Gilmore's Cavalry (the men who behaved so well when we fought our way out of Giles), and a section of McMullen's Artillery, besides two squads of First and Second Virginia Cavalry. Everyone seems to be happy that we are out by ourselves. Besides, Major Comly with the other four companies Twenty-third is only five miles from us.

Drs. Joe and Jim are still at Flat Top. Dr. Joe will join us in a day or two. Colonel Scammon is not expected here to stay.

I sent off Captain Drake and two companies with a squad of cavalry just now to effect a diversion in favor of Colonel Crook who is threatened by a force said to be superior to his own. The captain is instructed to dash over and “lie like a bulletin” as to the immense force of which he is the advance and then to run back “double-quick.” Risky but exciting.

Richmond is not so bad as it was. Our men, certainly, and our general, perhaps, did admirably there. . . . Don't worry about the country. “It's no good.” We can't help it if things go wrong. We do our part and I am confident all will come right. We can't get rid of the crime of centuries without suffering. So, good-bye, darling.

Lovingly, as ever,

R.

Mrs. Hayes.

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 2, p. 302-3

Diary of 1st Sergeant John L. Ransom: January 7, 1864

Rainy, cold and disagreeable weather. Henry Stimson, a fellow who was captured with me, was carried out dead this morning He was diseased when taken, and fell an easy prey to their cruelties. A good deal of raiding is going on among the men. One Captain Moseby commands a band of cutthroats who do nearly as they please, cheating, robbing and knocking down — operating principally upon new prisoners Who are unacquainted with prison life. Moseby is named after the rebel guerrilla, his real name being something else. He is from New York City, and is a regular bummer.

SOURCE: John L. Ransom, Andersonville Diary, p. 24

Diary of Brigadier-General William F. Bartlett: Monday, October 10, 1864

Sent long letter to Agnes. Down stairs in evening. Anna reading “Pendennis.”

SOURCE: Francis Winthrop Palfrey, Memoir of William Francis Bartlett, p. 146

Diary of John Beauchamp Jones: February 19, 1863

The resignation of Gen. Gustavus W. Smith has been accepted by the President. It was well done — the acceptance, I mean. Who will Gen. Winder report to now? Gen. Winder has learned that I am keeping a diary, and that some space in it may be devoted to the history of martial law. He said to Capt. Warner, his commissary of prisons, that he would patronize it. The captain asked me if Gen. Winder's rule was not dwelt upon in it. I said doubtless it was; but that I had not yet revised it, and was never in the habit of perusing my own works until they were completed. Then I carefully corrected them for the press.

Major-Gen. Pickett's division marched through the city to-day for Drewry's Bluff. Gen. Lee writes that this division can beat the army corps of Hooker, supposed to be sent to the Peninsula. It has 12,000 men — an army corps 40,000. Brig.-Gen. Hood's division is near the city, on the Chickahominy. Gen. Lee warns the government to see that Gens. French and Pryor be vigilant, and to have their scouts closely watching the enemy at Suffolk. He thinks, however, the main object of the enemy is to take Charleston; and he suggests that every available man be sent thither. The rest of his army he will keep on the Rappahannock, to watch the enemy still remaining north of that river.

I sent a communication to the President to-day, proposing to reopen my register of “patriotic contributions” to the army, for they are suffering for meat. I doubt whether he will agree to it. If the war be prolonged, the appeal must be to the people to feed the army, or else it will dissolve.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 261-2

Diary of 2nd Lieutenant George G. Smith: November 15, 1864

Finished my quarters — they were very good ones too. It was boarded up about four feet and the tent put over the top, and the soldiers built me a brick chimney.

SOURCE: Abstracted from George G. Smith, Leaves from a Soldier's Diary, p. 137

Diary of 1st Lieutenant Lemuel A. Abbott: Sunday, August 7, 1864

This morning found us in line about two miles outside of Harper's Ferry, but no signs of an enemy in our immediate front; has been quite warm all day; have written Pert and Will Clark; most of the regiments have had dress parade, but Colonel Henry can't see it quite yet that way. It is rumored that General Sheridan is to command this army — good!

SOURCE: Lemuel Abijah Abbott, Personal Recollections and Civil War Diary, 1864, p. 130-1

Diary of Sergeant Major Luman Harris Tenney, Tuesday, December 2, 1862

Saw Shattuck. $9.00 extra. Refused. Up early with orders to report with the train to Fort Scott. Most of the boys glad. Marched to Cincinnati (Ark.).

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 49

Diary of 1st Lieutenant John S. Morgan: Saturday, April 22, 1865

Quiet all night, a little shower about Midnight. As I was not notified that we would march today lay in bed until late. Our Nigger Charlie brought breakfast for me which I greatly relished. It is talked that this is about the only place on the river the jonnies could bring guns to bear on transports & is to be fortified & held by a garrison a gunboat lies in the river here & I hear that 5 more are 5 miles above. I am relieved & return to camp at 11. a m after dinner Lt Loughridge & I walk to the river about ¼ mile from camp. The bank a very steep bluff 50 ft high, on the bank a good & large frame house splendidly furnished & the folks at home. I hear the man is a parolled prisoner from Lees army. I understand that there are two cuts off one about 3 miles & the other about 10 or 15 miles above here & that it is the object to go above these & plant guns large enough to keep the Reb fleet which is above from coming down. Patrolls arrest quite a no of men for foraging and more fore nothing, march them to Div Hd Quarters, all punished alike riding a wooden horse, a beautiful day but Evening somewhat cool, a negro dance in the battery near by. Amusing.

SOURCE: “Diary of John S. Morgan, Company G, 33rd Iowa Infantry,” Annals of Iowa, 3rd Series, Vol. 13, No. 8, April 1923, p. 594

Diary of Gideon Welles: Monday, April 13, 1863

Wrote Seward a letter on the subject of captured mails, growing out of the prize Peterhoff. On the 18th of August last I prepared a set of instructions embracing the mails, on which Seward had unwittingly got committed. The President requested that this should be done in conformity with certain arrangements which Seward had made with the foreign ministers. I objected that the instructions which Mr. Seward had prepared in consultation with the foreigners were unjust to ourselves and contrary to usage and to law, but to get clear of the difficulty they were so far modified as to not directly violate the statutes, though there remained something invidious towards naval officers which I did not like. The budget of concessions was, indeed, wholly against ourselves, and the covenants were made without any accurate knowledge on the part of the Secretary of State when they were given of what he was yielding. But the whole, in the shape in which the instructions were finally put, passed off very well. Ultimately, however, the circular containing among other matters these instructions by some instrumentality got into the papers, and the concessions were, even after they were cut down, so great that the Englishmen complimented the Secretary of State for his liberal views. The incense was so pleasant that Mr. Seward on the 30th of October wrote me a supercilious letter stating it was expedient our naval officers should forward the mails captured on blockade-runners, etc., to their destination as speedily as possible, without their being searched or opened. The tone and manner of the letter were supercilious and offensive, the concession disreputable and unwarrantable, the surrender of our indisputable rights disgraceful, and the whole thing unstatesmanlike and illegal, unjust to the Navy and the country, and discourteous to the Secretary of the Navy and the President, who had not been consulted. I said to Mr. Seward at the time, last November, that the circular of the 18th of August had gone far enough, and was yielding more than was authorized, except by legislation or treaty. He said his object was to keep the peace, to soothe and calm the English and French for a few weeks.

Lord Lyons now writes very adroitly that the seizure of the Peterhoff mails was in violation of the order of our Government as “communicated to the Secretary of the Navy on the 31st of October.” He makes no claim for surrender by right, or usage, or the law of nations, but it was by the order of our Government to the Secretary of the Navy. No such order was ever given by the Government. None could be given but by law of Congress. The Secretary of the Navy does not receive orders from the Secretary of State, and though I doubt not Mr. Seward in an excitable and inflated moment promised and penned his absurd note, which he called an order when conversing with them, — gave it to them as such, — yet I never deemed it of sufficient consequence to even answer or notice further than in a conversation to tell him it was illegal.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 269-70

Diary of John Hay: October 22, 1863

I spoke to the President to-day about Blair, his Rockville speech, and the action of the Union League of Philadelphia leaving out his name in Resolutions electing the Cabinet honorary members of the League. He says Blair is anxious to run Swann and beat Winter Davis. The President on the contrary says that as Davis is the nominee of the Union Convention, and as we have recognised him as our candidate, it would be mean to do anything against him now.

Things in Maryland are badly mixed. The unconditional Union people are not entirely acting in concert. Thomas seems acceptable to everyone. Crisswell is going to make a good run. But Schenck is complicating the canvass with an embarrassing element, that of forcible negro enlistments. The President is in favor of the voluntary enlistment of the negroes with the consent of their masters and on payment of the price. But Schenck's favorite way, (or rather Birney's, whom Schenck approves) is to take a squad of soldiers into a neighborhood and carry off into the army all the able-bodied darkies they can find, without asking master or slave to consent. Hence results like the case of White and Sothoron. “The fact is,” the Tycoon observes, “Schenck is wider across the head in the region of the ears, and loves fight for its own sake, better than I do.” . . .

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 111-2; For the whole diary entry see Tyler Dennett, Editor, Lincoln and the Civil War in the Diaries and letters of John Hay, p. 105-6

Diary of Lieutenant-Colonel Rutherford B. Hayes: Monday July 14, 1862

Ditto. — I rode today with Captain Gilmore and Avery to the mouth of Bluestone and a ford on New River. The pickets are so placed that an enterprising enemy would by crossing New River and passing by mountain paths to their rear, cut them off completely.

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 2, p. 302

Diary of 1st Sergeant John L. Ransom: January 6, 1864

Still prisoners of war, without the remotest idea as to how long we are to remain so. Some of the paroled Yankees on the outside curse and treat the inside prisoners more cruel (when they have a chance,) than the rebels themselves. Blass, a Spaniard, who has been a prisoner over a year and refuses to be exchanged, is the lieutenant's right hand man. He tied up a man a few days ago for some misdemeanor and whipped him. He is afraid to come inside, knowing he would lose his life in a jiffy. He also raises the rebel flag at the island mornings, and lowers it at night.. It is a dirty rag, and the appearance of it ought to disgust any sensible person.

SOURCE: John L. Ransom, Andersonville Diary, p. 24

Diary of Brigadier-General William F. Bartlett: Sunday, October 9, 1864

Beautiful day. Family go up to church. Anna stays at home with me. Wrote Agnes in morning. Anna told me about their visit here.

SOURCE: Francis Winthrop Palfrey, Memoir of William Francis Bartlett, p. 146

Diary of John Beauchamp Jones: February 18, 1863

Mr. H——s, another of Gen. Winder's detectives, has gone over to the enemy. He went on a privateering cruise from Wilmington; the vessel he sailed in captured a brig, and H——s was put in command of the prize, to sail into a Confederate port. Instead of this, however, H——s sailed away for one of the West India islands, and gave up his prize to Com. Wilkes, of the United States Navy.

One or two of the regiments of Gen. Lee's army were in the city last night. The men were pale and haggard. They have but a quarter of a pound of meat per day. But meat has been ordered from Atlanta. I hope it is abundant there.

All the necessaries of life in the city are still going up higher in price. Butter, $3 per pound; beef, $1; bacon, $1.25; sausage-meat, $1; and even liver is selling at 50 cents per pound.

By degrees, quite perceptible, we are approaching the condition of famine. What effect this will produce on the community is to be seen. The army must be fed or disbanded, or else the city must be abandoned. How we, “the people,” are to live is a thought of serious concern.

Gen. Lee has recommended that an appeal be made to the people to bring food to the army, to feed their sons and brothers; but the Commissary-General opposes it; probably it will not be done. No doubt the army could be half fed in this way for months. But the “red tape” men are inflexible and inscrutable. Nevertheless, the commissaries and quartermasters are getting rich.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 260-1

Diary of 2nd Lieutenant George G. Smith: November 1, 1864

Moved up on higher ground, by the fort.

SOURCE: Abstracted from George G. Smith, Leaves from a Soldier's Diary, p. 136-7

Diary of 1st Lieutenant Lemuel A. Abbott: Saturday, August 6, 1864

As I expected, I hadn't more than nicely gotten asleep when the bugle sounded the assembly, and in less than thirty minutes we were on the march for Frederick Junction; arrived there about midnight; got orders to make ourselves comfortable for two hours, and then take the cars for Harper's Ferry, but did not start until about noon; saw Grant at the Junction; looks like fighting ahead; is probably arranging the campaign in his car with others.

SOURCE: Lemuel Abijah Abbott, Personal Recollections and Civil War Diary, 1864, p. 130

Sergeant Major Luman Harris Tenney to Emeline Harris Tenney et al, December 2, 1862

Camp at Ray's Mills, Arkansas, Dec. 1, 1862.

My Dear Friends:

I guess you wonder a little why you don't hear from your soldier boy. Well, I presume you will wonder often if we stay in the field and keep up our scouts and marches. Since last Tuesday, my regular day for writing and the day I intended to write, I haven't had a minute's opportunity for writing until yesterday, and then I was busy till night, when I was too tired to write.

Tomorrow another train leaves for the Fort. Several sick boys return. I should have liked to go back for comfort, but after all as long as there is a man in the Regiment in the field, I want to be there, too, though there must be some suffering and sacrifices.

Today I had an opportunity to go into the Brigade Commissary as clerk and get $12 a month extra. Lt. Shattuck, brother of Nina, is acting Brigade Commissary and wanted me to help him. N. thought I hadn't better go. I don't care much. Should have liked the little spondulics though.

Sunday night when we arrived here I found six letters, three from home, two from Fannie, and one from Will. I guess I was happy that night and as usual dreamed of home. Thede, I thank you very much for your good long letter. You did me proud. Please do so more.

I see by the papers that Col. Ford has received his just deserts. I enjoy all the particulars of the home circle visits, calls and town gossip. It is always my Thanksgiving Day when my letters come. My letters both received and written have been quite irregular of late and I presume will be in future.

During the last week we have been on our horses most of the time. My ague left me just in time. Tuesday and Wednesday our detachment was out on a scout down below here a little. We had the pleasure of overtaking 400 of Quantrell's men Tuesday night and turned their course from the north southward on double quick. The Major had 115 men. I had the pleasure of being in the advance and had two or three little skirmishes with the rear guard. None of us, how I don't know, was hurt. Afterwards some of the 3rd Wis. were sent ahead of us and when a few rods in advance were fired into from the bushes and two of the men wounded.

I suppose you have heard by this time of the fight at Cane Hill and beyond.

Thursday our detachment went in advance of the whole division but Friday we were rear guard and the Brigade was left at Cane Hill as a reserve. It was aggravating to hear the roar of artillery and not partake. There will be some hard fighting if we go over the mountains.

I have no ambition to die immediately or anything of that sort. I guess life, real life, is precious to the most wicked, but I do long to have our armies hasten on to victory or defeat. If Schofield's forces join ours, I believe our success will be sure, though earned by a good deal of sacrifice.

Lt. Shattuck has been acting Adj. but has gone now. So I have enough to do his duties and those of Sergt. Major.

I have just been out doors and I could see the “fire on the mountains” along our line of march over the hills from the North.

Tonight the air is cold and the fire in our little stove is comfortable and cozy enough. We are getting well used to bivouacking in the open air with few blankets and no fires. When out scouting we go without fires so as not to let the enemy know our movements. Sometimes we can't get much sleep, though. Don't you believe I occasionally long to creep into that soft bed at home and to sit down at our little supper table? Oh no, never!

Please excuse another hasty letter. The Independents have come as usual. I presume we will remain here a few days and then go over the mountains. I hope so.

The boys are all talking as loudly as can be and I can't think overmuch straight.

With much love,

Luman.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 46-9

Diary of 1st Lieutenant John S. Morgan: Friday, April 21, 1865

Has been an unlucky day. begins to rain at 3. A. M. Revelie at 3:30 & Genl sounded at 4. The rain pouring down & no one having breakfast, fortunately our cook had coffee. It rained hard while we loaded the wagons. The Regt moved out at 5. rain slackes up. & we cross a swamp of a mile which much rain would render impassible, it was half knee deep of water as it was. at 6.20. We march through the Arsenal at Mt Vernon no town ½ doz houses within a mile or so, some of them very fine and nice flower gardens. The Arsenal was deserted is a much finer gronds & buildings than the Little Rock Arsenal & all in good repair, is enclosed by a thick wall of Brick 10 ft high, begins to rain as hard as I ever experienced as we pass through. this Arsenal, & keeps it up almost incessantly until 2. P. M. creeks & sloughs from 2 to 3 ft deep & all have to wade. No dry feet in this army. The pine flats are covered with water 6 inches deep. Camp at 12. at Monroe — hubhah bluffs, on the Tombigbee R. I am detailed for picket. & by the time I am on post is 2. P. M. & the rain ceases, build up large fires & dry off. The 29th Iowa send in for rations from the Arsenal where they are left with one section (2 pieces) of artilery. I send to camp for my supper, & as soon as it is night make arrangements with the non commissioned offs. to run the guard & lie down for a nap & sleep.

SOURCE: “Diary of John S. Morgan, Company G, 33rd Iowa Infantry,” Annals of Iowa, 3rd Series, Vol. 13, No. 8, April 1923, p. 593-4