Diary of Private Edward W. Crippin, Monday, September 16, 1861

Police Duty as usual, respective Companies fixing up their camp ground. Nothing of importance to day except the arrival of a Comp. of 50 men from  Crittenden County Ky. for camp Butler. also Col. Jurchins (Turchin) 19th  Ills. Regt. came up the river from their camp on the KB. Side opposite Norfolk their destination is not yet known. The court martial of Capt. Hitts man for insubordination set to day, tis known what the sentence is

SOURCE: Transactions of the Illinois State Historical Society for the Year 1909, p. 226

Diary of Private Lewis C. Paxson: Sunday, October 5, 1862

A fine morning. I did not do anything in the afternoon. Singing in the tents in the evening. Court martial postponed.

SOURCE: Lewis C. Paxson, Diary of Lewis C. Paxson: Stockton, N.J., 1862-1865, p. 6

Diary of Private Lewis C. Paxson: Monday, October 6, 1862

Cloudy in the morning. Fine evening. A court martial of Ord. Gibhard.

SOURCE: Lewis C. Paxson, Diary of Lewis C. Paxson: Stockton, N.J., 1862-1865, p. 6

Diary of Private Lewis C. Paxson: Tuesday, October 7, 1862

Election. I was clerk. Ignatius Donnelly, 129; William Cullen, 45; Republicans in Banks company, 52; opposition, 10. A bogus burlesque. Court martial continued.

SOURCE: Lewis C. Paxson, Diary of Lewis C. Paxson: Stockton, N.J., 1862-1865, p. 6

Diary of Corporal Lawrence Van Alstyne, Friday, September 26, 1862

Camp Millington again. A sort of trial called a court-martial has been held and the boys who celebrated yesterday, are meditating upon it in the guard-house, which by the way is a mule stable on the end of the sutler's shop. Our old tents were taken down and our new ones are up. Each one is trying to outdo the other in making them look homelike. Boards are in great demand for flooring, and already complaints are coming in from the natives, that every loose board or one that could be loosened from their fences or outbuildings is missing, and they have reason to think they came this way. We are delighted with our new tents. Each holds four men. Walter Loucks, George and Jim Story and myself make up our family. We have to lay straight, and at that there is no room to spare. But we are protected from rain, and the heavy dews that are almost as bad, and best of all, we can shut up tight and keep out the mosquitoes. Those that do get in we can smoke out in short order.

A rumor is afloat that another regiment has been raised in Dutchess County and is to come here. We think ourselves soldiers now and are planning how we will entertain the greenhorns when they come.

SOURCE:  Lawrence Van Alstyne, Diary of an Enlisted Man, p. 38-9

Diary of Gideon Welles: December 6, 1865

Seward, apprehending a storm, wants a steamer to take him to Cuba. Wishes to be absent a fortnight or three weeks. Thinks he had better be away; that the war will be pretty strong upon us for the first few weeks of the session and he had better show the Members that we care nothing about them by clearing out.

A court martial of high officers in the case of Craven, who declined to encounter the Stonewall, has made itself ridiculous by an incongruous finding and award which I cannot approve. It is not pleasant to encounter so large a number of officers of high standing, but I must do my duty if they do not.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 392-3

Brigadier-General William H. Carroll to Judah P. Benjamin, November 26, 1861

HEADQUARTERS, Knoxville, November 26, 1861.

Hon. J.P. BENJAMIN,
        Secretary of War:

SIR: I have the honor to report that I arrived here on Saturday last, by order of General Zollicoffer, and assumed command of this post on Sunday. I found stationed here Colonel Wood's battalion and several companies of infantry and cavalry. There seemed to be much uneasiness and apprehension felt in reference to the disaffected portion of the population. I have put the city under military rule and have restored peace and security.

I have detailed and sent to the various districts where I had information there were any gatherings of disaffected citizens and had them dispersed, and in many instances the leaders arrested. As soon as possible, I dispatched companies of mounted men to scour the country, with instructions to arrest and send here all persons who were inciting rebellion or were found with arms, resisting the authorities. In all instances where there was no proof of disloyalty I have discharged the prisoners upon their taking the oath of allegiance.

There are now in custody here about 70 persons, many of whom, it, is believed, were either directly or indirectly connected with the burning of the railroad bridges. Colonel Wood, who was in command here before my arrival, had in contemplation a court-martial for the trial of those upon whom proof of guilt seemed to be strong. I concurred with him, and ordered the meeting on the 28th. The board will be composed of some of the most intelligent officers within this post, and I have no doubt their action will be prudent and discreet.

It is important that steam-power should be secured for the purpose of driving the machinery necessary in the alteration of arms. I therefore took possession of the printing establishment of Brownlow. The steam-engine and building are suitable for our purposes, and it was the only one that could be procured here. Brownlow has left, and no certain information of his whereabouts can be obtained; it is, however, certain that he is aiding and abetting our enemies. I have assured his sons, who profess to have sold the establishment to a Mr. Baxter, that full indemnity for the use of the establishment would be paid by the Government. I have every assurance that the sale to Baxter was a false one, and feel that Baxter is not reliable in his loyalty to our Government.

In obedience to your instructions, Novemeber 22, I have given orders that all contracts for hogs or cattle made with the agents of the Confederate Government shall be complied with, and have dispatched several armed parties to see that it is properly executed.

There are 1,140 sacks of salt here. I have directed 400 sacks should be delivered to D. Morris & Co. and 400 sacks to Wilson & Johnson. This is sufficient to meet their present wants, and the balance will be returned, to meet such other demands as may arise. I will report to you again soon.

With high respect, your obedient servant,

WM. H. CARROLL,        

Brigadier-General, Commanding.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 7 (Serial No. 7), p. 704-5

Diary of Private Richard R. Hancock: Saturday, November 9, 1861

Our brigade moved back from Anderson County to the vicinity of Jacksborough. McNairy's Battalion camped six miles south of town on the Clinton road.

REVOLT OF THE UNIONISTS IN EAST TENNESSEE.

East Tennessee was now ablaze with excitement on account of the uprising and open rebellion of the Union men. They were flying to arms in squads of from fifty to five hundred. Several bridges along the East Tennessee and Georgia, and Virginia and Tennessee Railroads were burned last night.

It appears that William Blunt Carter,¹ of East Tennessee, was the prime mover and chief instigator of the revolt and bridge burning above named, and the following communication will show the beginning corner of his plans:

HEADQUARTERS CAMP DICK ROBINSON,        

September 30, 1861.

Major-General George B. McClellan, Commanding Department of the Potomac:

GENERAL: I have just had a conversation with Mr. W. B. Carter, of Tennessee, on the subject of the destruction of the Grand Trunk Railroad through that State.

He assures me that he can have it done if the Government will intrust him with a small sum of money to give confidence to the persons to be employed to do it. It would be one of the most important services that could be done for the country, and I most earnestly hope you will use your influence with the authorities in furtherance of his plans, which he will submit to you, together with the reasons for doing the work. I am, sir, very respectfully your obedient servant,

Geo. H. THOMAS,        

Brigadier-General, U. S. Volunteers, Commanding.²

Suffice it to say that he received satisfactory encouragement from the Federal Government, and, setting out on his mission about the middle of October, Carter arrived in the neighborhood of Montgomery, Morgan County, Tennessee, on the 22d, and under that date he wrote to General Thomas thus:

I reached here at 2 P. M. to-day. I am in six miles of company of rebel cavalry.

The rebels continue to arrest and imprison our people.

You will please furnish the bearers with as much lead, rifle powder, and as many caps as they can bring for Scott and Morgan Counties. You need not fear to trust these people. They will open the war for you by routing these small bodies of marauding cavalry.

I find our people have suffered beyond all forbearance. Hasten on to our aid. To-morrow night I hope to be near our railroad.

You shall hear from me again soon.³

On the 27th, near Kingston, Roane County, he wrote again to Thomas as follows:

I am now within a few miles of our railroad, but I have not yet had time to obtain all the information I must have before I decide on the course best for me to adopt. If I can get half a dozen brave men to “take the bull by the horns” we can whip them completely and save the railroad.

If I cannot get such leaders we will make a desperate attempt to destroy all the bridges, and I firmly believe I will be successful.

The Union men of East Tennessee are longing and praying for the hour when they can break their fetters.

Men and women weep for joy when I merely hint to them that the day of our deliverance is at hand. . . .

I beg you to hasten on to our help, as we are about to create a great diversion in General McClellan's favor.

You must bring some small arms with you. I am satisfied that you will have to take the road by Monticello and Jamestown, unless you come by Cumberland Gap.⁴

Having succeeded in maturing his plans, the execution of which resulted in the bridge burning, as previously mentioned. Mr. W. B. Carter set out on his return November with, and arrived at his brother's headquarters at “Camp Calvert," near London, Kentucky, on the 16th, and on the same day his brother, Colonel S. P. Carter (afterward General) sent the following report to General Thomas, whose headquarters had been moved forward from Camp Dick Robinson to Crab Orchard:

My brother William has just arrived from East Tennessee. He reports that on Friday night, 8th instant, of last week, he succeeded in having burned at least six, and perhaps eight bridges on the railroad, viz. : Union bridge, in Sullivan County, near the Virginia line, Lick Creek bridge, in Green County, Strawberry plains, in Jefferson County, fifteen miles east of Knoxville, partially destroyed, Hiawassee bridge seventy miles south-west of Knoxville, and on the East Tennessee and Georgia Railroad, two bridges over the Chickamauga, one between Cleveland and Chattanooga, and the other between Chattanooga and Dalton, Georgia. These bridges are certainly destroyed. The Long Island bridge, at Bridgeport, on Tennessee River, and a bridge below Dalton, on the Western and Atlantic road, are probably destroyed.⁵

Only five bridges were burned, as the following dispatch from Colonel W. B. Wood, Sixteenth Alabama, who had been for some time guarding the railroad as best he could with the small force at his command, will show:

KNOXVILLE, November 11, 1861.

Adjutant-General Cooper, Richmond:

Three bridges burned between Bristol and Chattanooga, two on Georgia road. Five hundred Union men now threatening Strawberry Plains. Fifteen hundred assembling in Hamilton County, and a general uprising in all the counties. I have about one thousand men under my command.

W. B. Wood,        

Colonel.⁶

PRIVATE MONROE KNIGHT, Co. E, FIRST BATTALION.

In order to put down this revolt of the Unionists, Stovall's Battallion and a light field battery were sent from Richmond, Virginia, to Bristol, Tennessee (11th), the Seventh Alabama, Col. S. A. M. Wood, from Pensacola to Chattanooga (14th), General W. H. Carroll, with two regiments, though mostly unarmed, from Memphis to Chattanooga (15th), and General Zollicoffer sent the Twenty-ninth Tennessee, Colonel S. Powell, from Jacksborough to Knoxville (ioth). On the nith Col. Danville Leadbetter, of Engineer Corps, was ordered by President Davis to proceed at once from Richmond to East Tennessee, assume command of all the troops to be stationed for the   and Chattanooga, reconstruct bridges, and repair and keep open the line of communication between those points.⁷

Mr. W. B. Carter happened to enter East Tennessee on his special mission just at the right time for it to be an easy matter for him to induce the Union men of that section to do his bidding. For when Zollicoffer fell back out of Kentucky the Unionists fully believed that the Federal army would be in their midst in a few days.

On the 20th Colonel W. B. Wood wrote to the Secretary of war thus:

The rebellion in East Tennessee has been put down in some of the counties, and will be effectually suppressed in less than two weeks in all the counties. Their camps in Sevier and Hamilton Counties have been broken up, and a large number of them made prisoners. Some are confined in jail at this place and others sent to Nashville. . . . . . . . . . . . .

The prisoners we have tell us that they had every assurance that the (Federal) army was already in the State, and would join them in a very few days; that the property of Southern men was to be confiscated and divided among those who would take up arms for Lincoln.⁸

In answer to an inquiry in reference to what he should do with his prisoners, Colonel Wood received the following from the Secretary of War:

All such as can be identified as having been engaged in bridge burning are to be tried summarily by-drum head court-martial, and, if found guilty, executed on the spot by hanging. It would be well to leave their bodies hanging in the vicinity of the burned bridges.

All such as have not been so engaged are to be treated as prisoners of war, and sent with an armed guard to Tuscaloosa, Alabama, and held in jail till the end of the war. Such as come in voluntarily, take the oath of allegiance and surrender their arms are alone to be treated with leniency.⁹

Some, I know not how many, were found guilty by a “drum-head court martial” and hung.

As a general thing these bands of traitors would disband and flee to the mountains on the approach of an armed force of Confederates, therefore it was a difficult matter to do any thing with them.

While W. B. Carter was in East Tennessee arousing a spirit of rebellion there, ex-Governor Andrew Johnson was with the Federal army at London, Kentucky, urging upon and pleading with Generals Schoepf and Thomas to move forward into East Tennessee. In fact, this “forward movement” had been so often urged by Johnson, Maynard, the Carters and others of East Tennessee, that it had become quite annoying to the Federal commanders, as the following correspondence will show.

On November 7th, General Thomas wrote thus to Johnson:

Your favor of the 6th instant is at hand. I have done all in my power to get troops and transportation and means to advance into East Tennessee. I believe General Sherman at (Louisville) has done the same.

Up to this time we have been unsuccessful. If the Tennesseans are not content and must go, then the risk of disaster will remain with them.

In conclusion I will add that I am here ready to obey orders, and earnestly hope that the troops at London will see the necessity of doing the same.¹⁰

At the same time Thomas addressed a letter to Schoepf as follows:

I find it necessary to reply to Governor Johnson's letter in the manner of the foregoing, which I send to you for your information. It is time that discontented persons should be silenced, both in and out of the service.

I hope you will therefore see the necessity of dealing decidedly with such people, and you have my authority and orders for doing

We must learn to abide our time, or we shall never be successful.¹¹

On the 8th, Schoepf replied to the above thus:

Yours of the 7th instant, with copy of letter to Governor Johnson, is before me, and it is with extreme satisfaction that I note the decided manner in which the case is laid down to Governor Johnson.

This outside pressure has become intolerable, and must be met with firmness, or the army may as well be disbanded.

With importunate citizens on one side and meddlesome reporters for papers on the other, I can scarce find time to attend to the appropriate duties of my position. By the way, cannot something be done to rid our camps of this latter class? I have really reached that point so that I am afraid to address my staff officer above a whisper in my own tent.¹²

Though, in place of a forward, the Federals made a retrograde, movement from London soon after the above correspondence.

On the 13th, General Schoepf set out from London to join General Thomas at Crab Orchard, with all the troops camped there, except the First and Second Tennessee and Third Kentucky (Colonel T. T. Garrard), which remained at   (Second Tennessee.)¹³

If you will excuse me, dear reader, for the above digression, I shall now return to Jacksborough and take up the movements of Zollicoffer's Brigade.

_______________

¹ A brother of General S. P. Carter, who commanded the Tennessee Federal Brigade.

² Rebellion Records, Vol. IV., p. 284.

³ Rebellion Records, Vol. IV., p. 317.

⁴ Rebellion Records, Vol. IV., p. 320.

⁵ Rebellion Records, Vol. IV., p. 359.

⁶ Ibid., p. 236.

⁷ See Rebellion Records, Vol. IV., pp. 234, 235, 538.

⁸ Rebellion Records, Vol. IV., p. 250.

⁹ Rebellon Records, Vol. VII., p. 701.

¹⁰ Rebellion Records, Vol. IV., pp. 342 and 343.

¹¹ Rebellion Records, Vol. IV., p. 347.

¹² Rebellion Records, Vol. IV., p. 347.

¹³ See Carter to H. Maynard, Rebellion Records, Vol. VII., p. 468.

SOURCE: Richard R. Hancock, Hancock's Diary: Or, A History of the Second Tennessee Confederate Cavalry, p. 74-80

War Department, Adjutant General’s Office: General Orders, No. 27, March 21, 1862

General Orders, No. 27.}

WAR DEP'T, ADJUTANT GENERAL'S OFFICE,        

Washington, March 21, 1862.

The following Acts and Resolution of Congress are published for the information and government of all concerned:

I.—AN ACT to make an additional Article of War.

Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled, That hereafter the following shall be promulgated as an additional Article of War for the government of the Army of the United States, and shall be obeyed and observed as such:

ARTICLE — All officers or persons in the military or naval service of the United States are prohibited from employing any of the forces under their respective commands for the purpose of returning fugitives from service or labor, who may have escaped from any persons to whom such service or labor is claimed to be due, and any officer who shall be found guilty by a court martial of violating this article shall be dismissed from the service.

SEC. 2. And be it further enacted, That this act shall take effect from and after its passage.

Approved March 13, 1862.

II. —AN ACT to provide for the appointment of sutlers in the volunteer service,

and to define their duties.

Be it enacted by the senate and House of Representatives of the United States of America in Congress assembled, That the inspector generals of the army shall constitute a board of officers, whose duty it shall be to prepare, immediately after the passage of this act, a list or schedule of the following articles which may be sold by sutlers to the officers and soldiers of the volunteer service, to wit: Apples, dried apples, oranges, figs, lemons, butter, cheese, milk, sirup, molasses, raisins, candles, crackers, wallets, brooms, comforters, boots, pocket looking glasses, pins, gloves, leather, tin wash basins, shirt buttons, horn and brass buttons, newspapers, books, tobacco, cigars, pipes, matches, blacking, blacking brushes, clothes brushes, tooth brushes, hair brushes, coarse and fine combs, emery, crocus, pocket handkerchiefs, stationery, armor oil, sweet oil, rotten stone, razor strops, razors, shaving soap, soap, suspenders, scissors, shoe strings, needles, thread, knives, pencils, and Bristol brick. Said list or schedule shall be subject, from time to time, to such revision and change as, in the judgment of the said board, the good of the service may require: Provided always, That no intoxicating liquors shall at any time be contained therein, or tbe sale of such liquors be in any way authorized by said board. A copy of said list or schedule, and of any subsequent change therein, together with a copy of this act, shall be, without delay, furnished by said board to the commanding officer of each brigade and of each regiment not attached to any brigade in the volunteer service, and also to the Adjutant General of the Army.

Sec. 2. And be it further enacted, That immediately upon the receipt from said board of said list or schedule and copy of this act by the commanding officer of any such brigade, the acting brigadier general, surgeon, quartermaster, and commissary of said brigade shall constitute a board of officers whose duty it shall be to affix to each article in said list or schedule a price for said brigade, which shall be by them forth with reported to the commanding officer of the division, if any, to which said brigade is attached, for his approval, with or without modification, and who shall, after such approval, report the same to the inspector generals, and the same, if not disapproved by them, shall be the price not exceeding which said articles may be sold to the officers and soldiers in said brigade. Whenever any brigade shall not be attached to a division, said prices shall then be reported directly to the inspector generals, and if approved by them shall be the price fixed for such brigade as aforesaid; and whenever any regiment shall be unattached to any brigade, the acting colonel, lieutenant colonel, major, and captains thereof shall constitute the board of officers by whom the price of said articles shall be fixed for said regiment in the same manner as is herein provided for an unattached brigade. The prices so fixed may be changed by said boards respectively from time to time, not oftener than once in thirty days, but all changes therein shall be reported in like manner and for the same purpose as when originally fixed.

SEC. 3. And be it further enacted, That it shall be the duty of the commanding officer of each brigade, immediately upon receipt of a copy of said list or schedule and copy of this act, as herein provided, to cause one sutler for each regiment in his brigade to be selected by the commissioned officers of such regiment, which selection shall be by him reported to the Adjutant General of the Army; the person so selected shall be sole sutler of said regiment. And the commanding officer of each unattached regiment shall, in like manner, cause a selection of a sutler to be made for said regiment, who shall be sole sutler of said regiment. Any vacancy in the office of sutler from any cause, shall be filled in the same way as an original appointment.

SEC. 4. And be it further enacted, That the sutlers chosen in the manner provided in the preceding section shall be allowed a lien only upon the pay of the officers, non-commissioned officers and privates of the regiment for which he has been chosen, or those stationed at the post to which he has been appointed, and for no greater sum than one-sixth of the monthly pay of each officer, non-commissioned officer or private, for articles sold during each month; and the amount of one-sixth or less than one-sixth of the pay of such officer, non-commissioned officer, or private, so sold to him by the sutler, shall be charged on the pay rolls of such officer, non-commissioned officer or private, and deducted from his pay, and paid over by the paymaster to the sutler of the regiment or military post, as the case may be: Provided, That if any paymaster in the service of the United States shall allow or pay any greater sum to any sutler than that hereby authorized to be retained from the pay of the officers, non-commissioned officers, musicians, and privates, for articles sold by any sutler during any one month, then the amount so allowed or paid by the paymaster shall be charged against the said paymaster and deducted from his pay and returned to the officer, non-commissioned officer, musician, or private, against whom the amount was originally charged. And any captain or lieutenant commanding a company who may certify any pay-roll bearing a charge in favor of the sutler against any officer, non-commissioned officer, musician, or private, larger or greater than one-sixth of the monthly pay of such officer, noncommissioned officer, musician, or private, shall be punished at the discretion of a court martial: Provided, however, That sutlers shall be allowed to sell only the articles designated in the list or schedule provided in this act, and none others, and at prices not exceeding those affixed to said articles, as herein provided: And provided further, That the sutlers shall have no legal claim upon any officer, non-commissioned officer, musician, or private, to an amount exceeding one sixth of his pay for articles sold during any month. He shall keep said list or schedule, together with a copy of this act, fairly written or printed, posted up in some conspicuous part of the place where he makes said sales, and where the same can be easily read by any person to whom he makes said sales.

Sec. 5. And be it further enacted, That it shall be the duty of the inspector generals to cause the place of sale and articles kept for that purpose, by said sutlers, to be inspected from time to time, once in fifteen days at least, by some competent officer, specially detailed for that duty, and such changes in said place, or in the quality and character of the articles mentioned in said list or schedule so kept, as shall be required by said officer, shall be conformed to by each sutler. And such officer shall report each inspection to the inspector generals.

Sec. 6. And be it further enacted, That no person shall be permitted to act as sutler unless appointed according to the provisions of this act; nor shall any person be sutler for more than one regiment; nor shall any sutler farm out or underlet the business of sutling or the privileges granted to him by his appointment; nor shall any officer of the army receive from any sutler any money or other presents; nor be interested in any way in the stock, trade, or business of any sutler; and any officer receiving such presents, or being thus interested, directly or indirectly, shall be punished at the discretion of a court martial. No Butler shall sell to an enlisted man on credit to a sum exceeding one-fourth of his monthly pay within the same month; nor shall the regimental quartermasters allow the use of army wagons for sutlers' purposes; nor shall the quartermasters' conveyances be used for the transportation of sutlers' supplies.

Sec. 7. And be it further enacted, That any sutler who shall violate any of the provisions of this act shall, by the colonel, with consent of the council of administration, be dismissed from the service, and be ineligible to a reappointment as sutler in the service of the United States.

Approved March 19, 1862.

III.—A RESOLUTION to authorize the Secretary of War to accept moneys appropriated by any State for the payment of its volunteers, and to apply the same as directed by such State.

Resolved by the Senate and House of Representatives of the United States of America in Congress Assembled, That if any State, during the present rebellion, shall make any appropriation to pay the volunteers of that State, the Secretary of War is hereby authorized to accept the same, and cause it to be applied, by the Paymaster General, to the payments designated by the legislative acts making the appropriation in the same manner as if appropriated by act of Congress; and also to make any regulations that may be necessary for the disbursement and proper application of such funds to the specific purpose for which they may be appropriated by the several States. Approved March 19, 1862.

BY ORDER OF THE SECRETARY OF WAR.

L. THOMAS, Adjutant General.

SOURCE: Thomas M. O'Brien & Oliver Diefendorf, General Orders of the War Department, Embracing the Years 1861, 1862 & 1863, Volume 1, p. 242-5

Diary of Colonel Rutherford B. Hayes: Monday, October 31, 1864

 [The] Fifth and Ninth Virginia consolidated as First Veterans West Virginia Volunteer Infantry. A splendid regiment it will be. Rode with Captain Hicks to Strasburg and down the Shenandoah below (the) railroad bridge and back to camp. Rebels at New Market with six pieces of artillery left! A month of splendid weather for campaigning. In a court-martial case for cowardice at Winchester a soldier testifies of the accused: “He is a good soldier in camp, but does not relish gunpowder well from what I saw."

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 2, p. 531

Diary of Gideon Welles: Wednesday, September 28, 1864

I called to-day on Secretary Fessenden with Farragut’s dispatch and the order of the President permitting A. J. Hamilton of Texas to bring out cotton, to the Treasury agent. He disclaims all knowledge of the transaction and says he will not recognize it. Looks upon it as an outrageous swindle, violating the blockade, and imposing upon the country. “Why,” he pertinently inquires, “was not this question, so important, not submitted to the whole Cabinet.” He was very earnest and wished me to again inquire of the President in regard to it.

Had an interview with Attorney-General Bates respecting some questions submitted to him for opinion. The old gentleman is very honest and right-minded; delights to be thought a little – or a good deal - obstinate, if satisfied he is right.

The finding of a court martial in the case of Commander Downes of the R. R. Cuyler, which ran short of fuel, and he, instead of using his sails and striving to get into port, proceeded to dismantle his vessel, burning his spars, gun-carriages, caissons, etc., bought lumber from on board a merchant vessel on its way to Cuba; and for all this sends in a dispatch complaining of his engineer and preferring charges against him, without any seeming consciousness that he was responsible himself, or blamable. But the court condemns Downes and dismisses him from the service. The sentence is severe but correct, though the punishment may be mitigated. It is necessary, however, to correct a rising error among a certain class of officers who are inclined to relieve the commander of a ship of responsibility, a pernicious error that would, if acquiesced in, demoralize the service. That his engineer was in fault is doubtless true, but the commander must make himself acquainted with the condition of his vessel and its equipment. Downes has proved himself an officer of merit in some respects, and it must be remembered to his credit at a time when a great failing has put him in jeopardy.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 162-3

Captain Braxton Bragg to Elisa Ellis Bragg, June 6, 1853

Fort Leavenworth, 6th June, 1853. 

Court Room, (Chapel) 

My dear Wife: The whole day on Saturday was consumed in small questions of form, and, as I consider, frivolous objections-A request was made to delay all proceedings until witnesses could be called from New Mexico. The court decided to proceed as far as it could with the witnesses present, and entertain any proposition for delay when the presence of witnesses may become necessary. It has rained all the time excepting one day since my arrival. Today it is fair.—The sun here is infinitely worse than at the Barracks, and any locomotion is out of the question when it exists. The post is in horrible condition as to police and no better discipline. We have just expended two hours in doing nothing but listening to the twaddle of the prisoner and Judge Advocate, all amounting to nothing, except that they are both very learned men (in their own estimation). At length we got the plea of the prisoner, and the Judge Advocate asks an adjournment—he having so much to do. It was refused—a precedent I hope may be followed. The inefficiency of the J. A. surpasses my comprehension and is only equaled by the President. I can draw no other conclusion than that the General is not very anxious to get home. He has had no chill yet, but the sooner one comes the better for us. 

By the last mail we learn the recruits were at the Barracks. The General says, they will be here soon, and then I shall hear from my wife again. That is to be my only consolation for some time, I fear, for it seems to be a determination of both parties to spend the summer here. Some of the members of the court are getting impatient with myself, and are for going ahead. We are at last taking testimony!!! I must retract all expression of hope in regard to my return, and can only say I shall do all I can to urge business.

Time hangs heavily on my hands as I have no books and there are no means of recreation but a billiard table, and I do not play. The weather is so bad and the mud so abundant that visiting is almost suspended. During a call Mrs. Fauntleroy asked for you and wished her regards presented. She pressed me strongly to stay at her house when I first arrived, but I had already accepted Col. Beatty's invitation. Mrs. Barnes is staying with her parents—her husband being at the new post 150 miles west of this--and made special inquiries for her dear friend, Miss Anna Butler. Of course I enlightened her to the extent of my ability.

Miss Kate looks as well as could be expected under the circumstances.” Lt. Whittlesey had a chill day before yesterday, and I should judge required some one to keep him warm. It is to be hoped his family in New Mexico will not interpose any objection to this comfortable arrangement. Miss K. is not so pretty as it was thought she would be when younger—a sort of scowl seems to have settled permanently on her face.-It will certainly not be out of place after the union.

I am unable to pick up any scandal to elongate this poor return for your last loving letter. Accept all my love, dearest wife, and only give puss a kiss this time, for I suppose after my last she does not feel much like loving me or my pills. My health is good.

Your husband,

BRAXTON BRAGG

SOURCE: Don Carlos Seitz, Braxton Bragg, General of the Confederacy, p. 13-4

Diary of Colonel Rutherford B. Hayes: Friday, August 5, 1864

Wednesday, marched eighteen to twenty miles across the Catoctin (Blue) Ridge, [and on] through Frederick to the left bank of the Monocacy, one and one-half miles below [Frederick] Junction [where we camped]. Yesterday [there arrived] ninety recruits for [the] Twenty-third, a deserter from Charleston among them. Providential!—[I] rode into Frederick with General Crook, and dined with Dr. Steele, of Dayton. Today [was the] trial [drumhead court-martial] of deserter Whitlow. He was shot at sundown before all the troops.

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 2, p. 490

Diary of Gideon Welles: Friday, June 24, 1864

Telegraphed to Wilson directly on reaching Department (and finding no letter from Wilson), directing him to bail the Smiths in sums of $20,000 each.

Have given some examination of the Scofield trial, which is very voluminous, and had Watkins investigate, review, and report. I conclude to approve the finding, though there may be some irregularities and mistakes adverse to the Government. Mr. Bliss, counsel for S., filed a document, excepting to some legal points, yesterday. To-day, after learning my conclusion and looking at the finding, he takes stronger exceptions and declares the finding not conformable to facts and evidence. He wishes me to submit the legal questions to the Attorney-General or some one else. Alluded to Mr. Eames. Wishes Mr. Watkins to examine the evidence. To Eames he says that it is the intention of Scofield and his counsel to prosecute the members of the court individually for false imprisonment. To Watkins, he further says that it is their intention to hold me accountable, and to have me arrested when I am in New York. All this does not induce me to change my conclusion of approving the verdict of the court martial, but I think it may be proper to advise the court that it is in error on the subject of jurisdiction, that they can take cognizance of open-market purchases as well as others, and though, had they done so, the punishment might have been greater, yet I will still approve the finding. Let him have the benefit of the mistake the court has made.

Fox is much dissatisfied with the verdict. Thinks it inadequate; should have been imprisoned five years and fined one hundred thousand dollars. He wishes me to return the papers for revision, and to state the punishment is inadequate. But this is not advisable, even were it strictly correct and allowable. The ends desired will be accomplished by this punishment. A more severe one, such as he suggests, will endanger a reaction.

The President was in very good spirits at the Cabinet. His journey has done him good, physically, and strengthened him mentally and inspired confidence in the General and army. Chase was not at the Cabinet-meeting. I know not if he is at home, but he latterly makes it a point not to attend. No one was more prompt and punctual than himself until about a year since. As the Presidential contest approached he has ceased in a great measure to come to the meetings. Stanton is but little better. If he comes, it is to whisper to the President, or take the dispatches or the papers from his pocket and go into a corner with the President. When he has no specialty of his own, he withdraws after some five or ten minutes.

Mr. Seward generally attends the Cabinet-meetings, but the questions and matters of his Department he seldom brings forward. These he discusses with the President alone. Some of them he communicates to me, because it is indispensable that I should be informed, but the other members are generally excluded.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 57-8

Major-General Benjamin F. Butler: General Orders No. 23, May 6, 1862

GENERAL ORDERS No. 23.}

HDQRS. DEPARTMENT OF THE GULF,            

New Orleans, May 6, 1862.

A military commission, of not less than five commissioned officers of and above the rank of captain, with a recorder and legal adviser, is constituted and appointed, for the trial of all high crimes and misdemeanors which by the laws of any State in the Union, or the United States, or the laws martial, are punishable with death or imprisonment for a long term of years.

The sentence of such courts will be assimilated to those provided by such laws, due regard being had to the necessity of severity and for prompt punishment incident to the crimes and disorders arising from a state of war.

The commission will sit at all convenient hours for the dispatch of business, will be attended by the provost-marshal or his assistants, all its orders respected and obeyed, and its summonses complied with.

As the motives of men make so largely the element of the crimes cognizable by this commission, the rules of evidence of the English common law may be so far relaxed as to allow the accused to be questioned in presence of the commission, always leaving it to his free choice to respond or not to the questions proposed.

The accusation will be substantially in the form used in courts-martial, excepting that it should fully set forth a description of the accused, his residence and business, whether or not he has been a loyal citizen, his antecedents, character, and acts in that regard, so far as known, which portion of the accusation may be put in controversy at the trials, provided the accused be not a soldier of the United States.

All proceedings, findings, and sentences of this commission are to be subjected to the approval of the commanding general, and will be carried into effect upon his order.

The following-named officers are detailed for and will constitute such commission:

1. Col. Henry C. Deming, Twelfth Regiment Connecticut Volunteers.

2. Col. N. A. M. Dudley, Thirtieth Regiment Massachusetts Volunteers.

3. Lieut. Col. C. M. Whelden, Thirty-first Regiment Massachusetts Volunteers.

4. Maj. F. A. Boardman, Fourth Regiment Wisconsin Volunteers.

5. Capt. Peter Haggerty, aide-de-camp.

Maj. J. M. Bell, volunteer aide-de-camp, recorder and legal adviser. By command of Major-General Butler:

GEO. C. STRONG,               

Acting Chief of Staff.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 6 (Serial No. 6), p. 722-3

Diary of Colonel Rutherford B. Hayes: Sunday, May 22, 1864

President of court martial to try the Rebel quartermaster (Jenkins), of [the] Fifteenth Virginia, for pillaging. Sat at Sharpe's; Lieutenant-Colonel Bukey, Major Carey, Major Cadot, Captain Henry, Sweet, etc., etc.

News from Grant confirms my impression that the storm, mud, and rain prevented a decisive victory.

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 2, p. 464

Diary of Colonel Rutherford B. Hayes: Monday, May 23, 1864

Court martial continues. Prosecution closed yesterday. Defense opens this A. M. Adjourned until tomorrow, 9 A. M., after hearing all the testimony the accused had [to] present. Two captains and several men captured near here by guerrillas.

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 2, p. 465

Diary of Colonel Rutherford B. Hayes: Tuesday, May 24, 1864

Finished Jenkins' trial. No definite news lately. Charlie Hay, Sergeant Heiliger, and Sergeant Clark returned. Hay and Clark get from Casey's Board captaincies of first class. Heiliger gets second lieutenant of second class. A queer result. The three are probably nearly equal in merit. Major McIlrath reported near with detachments for all regiments. Captain Hood sick.

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 2, p. 465

Private Daniel L. Ambrose: June 29, 1861

To-day a member of Company F is “drummed out of the regiment” per verdict of Court Martial. Two single lines were formed facing inward, with a space between of about thirty feet. The disgraced soldier was marched along between the two lines, accompanied by two drummers, who kept up a terribly discordant drumming, while the men kept up a hooting and hissing.

SOURCES: Daniel Leib Ambrose, History of the Seventh Regiment Illinois Volunteer Infantry, p. 9

Diary of Corporal David L. Day: December 5, 1861

COURTS MARTIAL.

Courts martial seems to be a prominent feature in camp affairs just at present, and almost every night at dress parade the charges and specifications are read against some unlucky wight. The burden of the song seems to be too drunk to perform the duties of a soldier; but as this is a camp of instruction, I presume these courts are really more for practice than anything else.

SOURCE: David L. Day, My Diary of Rambles with the 25th Mass. Volunteer Infantry, p. 14