Showing posts with label Edward Bates. Show all posts
Showing posts with label Edward Bates. Show all posts

Friday, June 12, 2026

Diary of Edward Bates, June 8, 1859

International Law — Naturalized Citizens — Their rights as such, against the claims of their Native Country —

The Mo. Democrat of June 10 (and various papers a few days older 81) contains a short letter82 from Mr. Cass,83 Secretary of State, in answer to one Le Clerc of Memphis Tenn :, a Frenchman born but naturalized here. Secretary Cass tells Mr. Le Clerc, in plain brief terms, that his American Citizenship, by Naturalization, will not exempt him from the claim of the French government for military service, if he should expose himself to the power of that Government, by visiting France.

This seems very strange to me. The right of expatriation is denied by many of the Governments of Europe; but our Government has always affirmed it. Our Constitution and statutes affirm the right and regulate the manner of using it. Under these laws, Mr. Le Clerc is or is not a citizen of the U. S — Here at home, he is a citizen, as perfectly and absolutely as any native born. If he choose to visit France, his native country, with a pas[s]port in his pocket, vouching for him as an American Citizen, is he less entitled to the protection of this country than a native born American citizen with a like pas[s]port in his pocket? Or does Mr. Cass mean to affirm that any American Citizen, found in France, is liable to be forced into the army, to fight the battles of France?

I do not know whether, in the practice of the State Dep[art]m[en]t., there is any distinction made in granting pas[s]ports, between native and naturalised citizens — or whether the fact is mentioned at all.84

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81 E. g., the National Intelligencer of July 21, 1859.

82 It is copied into the diary. The original is in the archives of the State Department.

83 Lewis Cass, of Michigan: governor, 1813-1831; secretary of War, 1831-1836; minister to France, 1836-1842; Democratic U. S. senator, 1845-1848, 1849-1857; secretary of State, 1857-1860. He was an imperialist, a strong nationalist, and a leading advocate of "squatter sovereignty" in the Territories. In December, 1860, he resigned from the Cabinet in protest against Buchanan's weak policy toward secession.

84 The same passport exactly was issued to both native-born and naturalized citizens. This paragraph is added in the margin.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 23-4

Diary of Edward Bates, Wednesday, June 15, 1859

[Rights of Naturalized Citizens Abroad.

 

Secretary Cass renders the following decision, in answer to a communication of a naturalized citizen who is desirous of visiting his native land:

Department of State, 

Washington, May 11, 1859.

 

To Mr. Felix LeClerc, Memphis, Tenn.:

 

Sir: Your letter of the 13th instant has been received. In reply, I have to state that it is understood that the French Government claims military service from all natives of France who may be found within its jurisdiction. Your naturalization in this country will not exempt you from that claim if you should voluntarily repair thither.

 

I am, sir, your ob't ser't,

Lewis Cass.]

I read in the Nat[ional] Intel [ligence]r.85 recd, to day, that this letter of Mr. Cass has called forth much comment, in so much that the Adm[inistratio]n. deems an explanation necessary, and so, it is announced that a full statement of the views of the Govt, will soon be made[.]

(See Forward, 3 pages for 2d. letter)86

(See Forward, 6 pages)87

Horse Railroad — To day they began to lay down the rails in Olive Street, along the square next East of Lucas Market. They expect to complete it, from 4th. St. to 17th. St: by the 4th. July.

This day I took up my note to Peter Lindell88 for $1000 and interest at 6 pr. ct: for a little over 2 yrs. He refused to charge more than 6 pr. ct: and seemed quite willing for me to keep it as long as I pleased.

He holds another note of mine for $500.89

Fleming90 and his wife and child came out, and are with us tonight.

Carlisle's [sic] Frederick the Great— vol 2. p 308 [.]

Election of the Kings of Poland — Worth reading, for comparison with some of our own elections.91
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85 June 14, 1859.

86 The parenthetical note was added later in red pencil. It refers to the entry of June 20.

87 In black ink again. It refers to the entry of July 19.

88 Supra, May 3, 1859, note 44.

89 After Mr. Lindell's death his heirs embarrassed Mr. Bates by calling this note.     See infra, Oct. 18, 1865-.

90 The third of Mr. Bates's living sons — later a Confederate officer. See supra, " Introduction."

91 This Carlyle entry is in red pencil.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 24-5

Diary of Edward Bates, June 16, 1859

Wrote a long letter to S. Colfax92 of Inda. shewing plainly my views of the slavery question and the Dred Scott decision— Sent him also copious extracts of my letter to Gov Means93 (of 1854) and a copy of my letter to Mr. Kennett,94 of 1856. These are not for the press, but are not secret and may be shewn to his friends, at his discretion.
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92 Supra, April 27, 1859, note 28.

93 John H. Means of South Carolina: governor, 1850-1852 ; a leading advocate of secession in 1850 and 1861; a colonel in the Confederate Army, killed in 1862.

94 Luther M. Kennett: St. Louis merchant; vice-president of the Pacific Railroad Company; president of the Iron Mountain Railroad Company; mayor, 1850-1853; KnowNothing congressman, 1855-1857, elected in opposition to Thomas H. Benton.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, p. 25

Diary of Edward Bates, Monday Morning, June 20, 1859

Barton95 has been with us two days, it being too wet to plough at home. . . .

Senator Green

The Weekly Mo. Rep:[ublican] of June 17 contains a set speech of Hon: James. S. Green,96 on Politics, gotten up, no doubt, with a special eye to his future — another election — He cannot fully defend Buchanan's administration, yet supports it — He is against Douglas'97 popular Sovereignty, yet supports him98 — On one point of Territorial government however, he is clear, i. e — Congress ought to intervene to put down Polygamy and other crimes in Utah.

[A clipping from the National Intelligencer of June 15, 1859, charging that the expedition sent to Paraguay under Captain Simbrick99 was insufficiently provided with ammunition.]

[A long editorial from the Missouri Daily Democrat of June 29, 1859, denouncing Secretary Cass and President Buchanan for surrendering a right maintained by President Fillmore and Secretary Everett in the case of Mr. Francis Allibert,1 the country of whose birth claimed his military service. The editorial is headed "Degradation and Disfranchisement of Naturalized Citizens by the National Democracy . . ."]

[A reprint from the New York Express referring to this case.]

Naturalized citizens — Secy. Cass — See back 3 pages — Forward 6 pages.2

[A column from the Washington Constitution on "The Rights and Liabilities of Naturalized Citizens" in justification of Secretary Cass’s position.]

[A newspaper copy of Senator Douglas's letter to Colonel John L. Peyton written August 2, 1859, about the LeClerc matter and the slave trade.]

On this subject, of the effect of naturalization, see my two letters to Mr. Welling3 of the Nat:[ional] Intel[ligence]r. — See current Letter Book.
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95 Mr. Bates's eldest son. See supra, " Introduction."

96 An anti-Douglas Democrat from Missouri; successor of Douglas as chairman of the Senate Committee on Territories; leader of the revolt against Benton in 1849 ; congress man, 1847-1851; U. S. senator, 1857-1861. His Confederate sympathies led to his arrest by Federal troops at the outbreak of the Civil War and to his expulsion from the Senate.

97 Stephen A. Douglas of Illinois: Democratic congressman, 1843-1847; U. S. Senator 1847-1861; chairman of the Committee on Territories; nominee of the Northern Democrats for the Presidency in 1860.

98 Douglas and Buchanan had recently split the Party in their quarrel over " popular sovereignty." Green was a clever politician indeed if he could support both at once.

99 William B. Shubrick had entered the Navy in 1806, and had served in the War of 1812 and the Mexican War. For the naval expedition against Paraguay which he commanded see supra, April 20, 1859, note 13.

1 Francis Allibert was a native of France who left in 1839 just as he was drawn as a conscript. He became a naturalized American in New Orleans in 1845. On his return to France in 1852, he was arrested, but upon protest of the United States was ultimately released.

2 The references are to June 15 and July 19.

3 James C. Welling: literary editor of the National Intelligencer in Washington, 1850-1865; advocate of Bell and Everett in the election of 1860; loyal supporter of Lincoln during the War; assistant clerk of the Court of Claims under Bates 1863-1865: later, president of St. John's College and then of Columbia University.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 25-6

Diary of Edward Bates, June 23, 1859

Today attended some of the closing exercises of the students of Washington University.

Barton will leave us tomorrow morning. He has been down some days transacting business i. a. he has bought a carriage and pair of horses and a negro woman.

Fleming and wife and child are here tonight — Also Dick4 and Dick Woodson5

No news from Matilda6 lately. She is on a visit to Louisiana and Han[n]ibal, having gone up with her cousin Julia Coalter.7

Note. Gave Coalter8 a watch today — the first he has ever owned. Bo[ugh]t. of Crane & Jones, for $35.
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4 Mr. Bates's fourth son. See supra, " Introduction."

5 Son of a cousin of Mr. Bates.

6 Mr. Bates's younger daughter. See loc. cit.

7 A niece of Mrs. Bates who later married Mr. Davis of Pike County.

8 John Coalter Bates, fifth of Mr. Bates's living sons, who served in the Army with distinction. 1861-1906. See loc. tit.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, p. 26

Diary of Edward Bates, Friday, June 24, 1859

[Cold, rainy weather.] Barton I suppose will not go today — nor Coalter, who rides his (B[arton]'s) saddle horse, while B.[arton] drives his new horses. Right of Search.9

Carlisle's [sic] Frederick the Great, Vol 2. 524 — Citing the Gentlemen's Magazine for 1739. p 103 — A notable instance in which popular influence is brought to bear upon the English Ministry and Parliament. The object was to force England into war with Spain — for maritime ‘outrages’ in the American seas. The Spaniards claimed the right of search and, in some instances enforced it with cruel insolence — as in the case of the English Capt. Jenkins, who was boarded by a Spanish garda costa off the coast of Florida, his vessel rum[m]aged and plundered, and himself grossly abused — whipped, half-hanged, and one ear cut off—. This led to the Spanish war and the overthrow of Walpole's long administration. The ministry was against the war mitigated the outrages as far as possible, and insisted on peace. But public opinion prevailed against the power of the crown, removed the minister and made the war.

[A clipping from a Missouri newspaper giving "By telegraph from Washington" Senator Douglas's letter of June 22 stating the conditions upon which he would be willing to have his name presented to the Democratic National Convention as a candidate for President. They were: Adherence to the principles of the Compromise Measures of 1850, the Kansas-Nebraska Act of 1854, and the Cincinnati Platform of 1856, "as expounded by Mr. Buchanan in his letter accepting the nomination." He will not accept the nomination, if the platform thrusts into the party creed new issues such as a revival of the African Slave Trade or the doctrine that the Constitution of the United States either establishes or prohibits slavery in the Territories of the United States.']

As long ago as Nov:, 58, in private letters to Mr. Welling10 of the Nat:[ional] Intel [ligencejr. and Mr. Kidgway of the Richmond Whig (besides in several newspaper articles previously) I assumed that Mr. D.[ouglas] was in position to dictate to his party; as the southern democrats needed him quite as much as he needed them. This letter is the dictation, and his party must obey him or dissolve itself.

Mr. D.[ouglas] however is no statesman. He is only a very cunning politician. He can never succeed before the whole people, without presenting some absorbing question to make them forget his anticedents [sic]. In order to keep in with present rulers and present popular whims, he has lent his name to extreme notions and fantastic propositions [.]           

1. He is the author of the "Wilmot proviso" in the joint resolution, for the admission of Texas. 1845[.] Also in the Oregon territorial bill.

2. He introduced a bill to create the State of California and thrust it into the Union.

3. To pander to Prest: Pierce'[s] silly scruples, he proposed to improve harbors by local tonnage duties[.]  

4. He holds that according to the Dred Scot[t] case, the Constitution carries slavery into the Territories. And yet he holds that slavery being there by force of the constitution, still, Congress, must not protect it there. But, notwithstanding its constitutional existance [sic] there, still, he holds that the Territorial Legislature can exclude it.

5. On Prest: Buchanan's demand of a grant of the war power — the right to use the army and navy to redress the wrongs of our people in Mexico and on the Isthmus — Mr. D.[ouglas] said in debate, that the Prest: ought not only to have the particular power now demanded from Congress, but every where and always.

Note. This last is referred to in the able speech of Senator Dixon11 of Cont. on the 30.000.000 bill12 — see Nat[ional] Intel:[ligencer] June 30. 1859.

6. Mr. D.[ouglas] being for a long time, chairman of the Com[mitt]ee. on Territories and as such having the drawing of the Organic acts, habitually introduced clauses importing that the Constitution was the law of the Territories — and that the Territories themselves are a part of the U. S. (see specially the Nebraska act §'s 6 and 14.)

Moreover, (see same §6) power is granted to the legislature over " all rightful subjects of legislation consistent with the Constitution of the U. S. and the provisions of this act?'' Other acts, it seems, may be overridden at pleasure.

The § 14. declares that the Constitution and laws of the U. S. not locally inapplicable shall have the same force in the Territory of N.[ebraska] as elsewhere within the U. S. Except, &c (the Mo. Compromise). But the proviso (Badger's13) declares that nothing herein contained shall be construed to revive or put in force any law or regulation [legislation] which may have existed prior to 20[6] Mar:[ch] 1820 either protecting[,] establishing, prohibiting or abolishing slavery.

Note.14 In Harper's Monthly Magazine for Sept. 1859, Mr. Douglas comes out in an elaborate article upon Slavery in the Territories15 which being reduced to its elements, is nothing more nor less than Mr. Cass' old notion of Squatter Sovereignty. Note again16 — The Nat[iona]l. Intelligencer17 has come out in a series of articles (editorial) not professing to answer Mr. D.[ouglas] but answering him effectually, both by argument and by historical references.

[A reprint from the London Photographic News of a paragraph announcing the "Extraordinary Discovery" that sounds can be photographed.']

When this is brought to pass, we shall realise the thought of the Poet—

" Where Truth in person doth appear,

Like words congeal'd in northern air[.] "

and this other thought —

"He out of words could extract matter,

And keep it in a glass, like water."

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9 In red pencil.

10 Supra, June 20, 1859, note 3.

11 James Dixon of Hartford, Connecticut: Whig congressman, 1845— 1849: Republican U. S. senator, 1857-1869; strong supporter of Lincoln in the War and of Johnson in Reconstruction. This speech against the acquisition of Cuba on the ground that it was a scheme to further slave interests was one of his best efforts.

12 Supra, April 20, 1859, note 4.

13 George E. Badger of North Carolina: secretary of the Navy, 1841; Whig U. S. senator, 1846-1855; opponent of the War with Mexico, of the Wilmot Proviso, of "squatter sovereignty," and of secession: a pro-slavery nationalist who supported the Compromise of 1850 and the Kansas-Nebraska Act.

14 Added later.

15 Stephen A. Douglas, "The Dividing Line between Federal and Local Authority. Popular Sovereignty in the Territories," Harper's New Monthly Magazine, XIX (September, 1859), 519-537.

16 Added still later.

17 Sept. 10, 13, 15, 17, and 20, 1859.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 26-9

Thursday, June 11, 2026

Diary of Orville Hickman Browning, Tuesday, June 19, 1860

Very warm summer day-Breakfasted at Dr Browns with Mrs Brown alone, he being in the Country     The letter of Hon Edw Bates to me declaring his intention to support Mr Lincoln for the Presidency appeared in St Louis Democrat to day.1 Our friends are delighted with it. It is a great letter the production of a great man and noble patriot, and will be of immense value to us in the campaign. It is all that I could possibly desire.
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1 The salient passages in Bates's letter, above referred to, were as follows:

St. Louis, June 11, 1860.

O. H. Browning, Esq., Quincy, Ill.

 

. . . It ought not to have been doubted that I could give Mr. Lincoln's nomination a cordial and hearty support. . . .

 

There was no good ground for supposing that I felt any pique or dissatisfaction because the Chicago convention failed to nominate me. . . . On party grounds I had no right to expect a nomination; I had no claims upon the Republicans as a party for I have never been a member of any party . . . except only the Whig party. . . . Many Republicans honored me with their confidence and desired to make me their candidate. For this favor I was indebted to the fact that between them and me there was a coincidence of opinion upon certain important questions of government. They and I agreed in believing that the national government has sovereign power over the territories, and that it would be impolitic and unwise to use that power for the propagation of negro slavery by planting it in free territory. Some of them believed also that my nomination, while it would tend to soften the tone of the Republican party, without any abandonment of its principles, might tend also to generalize its character and attract the friendship and support of many, especially in the border States, who, like me, had never been members of party, but concurred with them in opinion about the government of the territories. These are . . . I think, the only grounds upon which I was supported at all at Chicago.


*        *        *        *        *        *        *        *        *        *        *        *

Mr. Lincoln's nomination took the public by surprise because, until just before the event, it was unexpected. But really it ought not to have excited any surprise, for such unforeseen nominations are common in our political history. . . . As an individual he earned a high reputation for truth, courage, candor, morals, and amiability so that, as a man, he is most trustworthy, and in this particular he is more entitled to our esteem than some other men, his equals, who had far better opportunities and aids in early life.


*        *        *        *        *        *        *        *        *        *        *        *

I consider Mr. Lincoln a sound, safe, national man. He could not be sectional if he tried. His birth, his education, the habits of his life, and his geographical position compelled him to be national. All his feelings and interests are identified with the great valley of the Mississippi, near whose center he has spent his whole life. That valley is not a section.


*        *        *        *        *        *        *        *        *        *        *        *

I give my opinion freely in favor of Mr. Lincoln, and I hope that, for the good of the whole country, he may be elected, but it is not my intention to take active part in the canvass. For many years past, I have had little to do with public affairs, and have acquired no political office; and now, in view of the mad excitement which convulses the country, and the general disruption and disorder of parties, . . . I am more than ever assured that for me, personally, there is no political future, and I accept the condition with cheerful satisfaction. *     *     *     *     *     *     *

Edward Bates

SOURCE: The Diary of Orville Hickman Browning, Vol. 1, p. 416-7

Wednesday, April 15, 2026

Diary of Edward Bates, Saturday, June 4, 1859

Men as old as I am, it is said, are apt to be croakers and to complain of the degeneracy and corruption of the times. Certainly I am deeply disgusted and sick at heart to witness the impudence with which vice and profligacy bare their brazen faces to public [view], glorying in their shame. Examples —

1. Carstang v Shaw

The case of Effie. C. Carstang v Henry Shaw,71 for a breach of promise to marry, occupied the Court of Common Pleas for a week, ending last thursday afternoon — For the Pl[ain]t[i]ff : Wm. Holmes (ex Presbyterian Minister) Wright72 & Shrive — For the Def[endan]t: Shepley73 & Bates — It was a preposterous case I have no doubt a conspiracy to extort money from Mr. Shaw, who is very rich. Upon the evidence, it is my conscientious belief, that the verdict ought to have been for the defendant. Yet we were all astonished that a verdict was rendered, after but a few minutes['] deliberation, for the Plaintiff, with an assessment of damages, $100,000!!!

This atrocious verdict has excited, as it ought, the indignant denunciation of the public. We have moved for a new trial, and I do not doubt that Judge Reber74 will take pleasure in cleansing his record from so foul a blot upon the administration of justice.

I preserve the names of the jurors who were so stupid or so wicked, or both, as to give that verdict. Here they are — < Valentine Crancer, George. W. Shadwick, Ferd: Kohler, George. H. Smith, Henry Schneider, J. L. Casperson, Charles Chenot, Leon Deno, Samuel Finch, Mauritz Sternbach, J. P. Young, Wm. N. McQueen.>

I knew not one of the jury personally — the last one, McQueen is a young Scotchman, and a merchant, and I had hoped better things of him[.]

This abominable verdict shocked the moral sense of the community, and made most men fear for the safety of property and character. But next morning it was eclipsed by a crime, far more horrible.

2. On friday morning, June 3d. Joseph Charless,75 one of our most useful and best citizens, was brutally shot down in the street, as he was going to his place of business, by one Joseph Thornton, without provocation, without any apparent cause,76 and without a moment's time for consideration. He was shot twice and each wound was mortal. I saw him some, 20 or 30 minutes after he was shot, lying on the floor in the store of Mr. Thompson (just at whose door, in Market Street, between 3d. and 4th. the crime was done). A few hours after he was removed to his own house, where he lingered in agony, until 7 or 8 oclock this morning, when he was relieved from his sufferings, and passed, I trust, to a better life.

It is a sad thing to me and to the whole city. I knew Mr. Charless, a boy in his father's house, forty five years ago, and have marked his course through the world ever since — A man of energy and enterprise, eminently successful in business. Of high character and unspotted reputation. For many years a professor of Christianity and now an elder in the Presbyterian church — The Pine Street Church, in charge of Revd. Mr. McPheeters. He leaves a wife, and one child, a daughter married to a gentleman of Louisiana.

As to the murderer, Thornton, he was seised [sic] immediately and put to jail. It was feared yesterday, so general and so high was the excitement, that he would be seised by the mob and torn to pieces ; at night the Military was called out, but the night passed in tranquil [l]ity — Mr. C.[harless] still lived and the certainty of his speedy death was not yet known. Today there is a gloomy tranquil[l]ity on the surface, but judging from several indications, there is a deep settled feeling of revenge diffused among the people and a general distrust of the penal justice of the law — and, from all the signs, I think it more than probable that the poor wretch will meet his doom to night.

For him I have no pity, but I dread the consequences of such unlawful violence. Such lawless acts are dangerous precedents, and the wound[s] they inflict upon society are incurable. The nearest friends of the family, Mr. Drake77 et al: I believe, use all their influence to calm the people, and prevent mob violence.

[Marginal] Note. . . . [Rain — then cool weather] Yesterday I wore my over coat — Raglan — all day, in the court house and walking the streets. And now, Sunday morning, we need and have a good fire in the furnace.

Carlisle [sic] tells us (Vol 2. p. 254.)78 that prince Frederick in his restrained position and penal civil occupation at Custrin,79 became— “a man politely impregnable to the intrusion of human curiosity; able to look cheerily into the very eyes of men and talk in a social way, face to face, and yet continue intrinsically invisible to them—"

Somebody has written about the ring of Gyges80 which, being turned in a particular direction, made the wearer invisible. But this power of social and moral invisibility in Prince Frederick, is far more efficient in controlling the conduct of men and the actual business of Society. Still, great as the power it gives, a most unhappy faculty, which cuts off its possessor from all personal sympathies, and holds his heart in cold isolation. An admirable quality no doubt, in a born ruler of men, who is high above the common sympathies of life, and too great to be comfortable. The Prince who like Frederick, has the faculty forced upon him in the hard school of oppression and suspicion, is sure to be a tyrant, when he comes to power; and the private man who habitually acts out the policy of self-concealment, is equally sure to become a cold and selfish egot —

Shakespeare or Shakespere.

Col: Fuller, ex Editor of the New York Mirror, writing from London, gives account of his visit to the British Museum — In the "Autograph Room" where are collected the hand writings of thousands of notorious [sic] men — Kings and Queens, Statesmen, Warriors, Poets, orators, Artists —

There, among the rest, he saw a letter from the Great Dramatist, the name not spelt as we are wont to spell it, but written with his o[w]n hand — Shakspere —
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71 A wealthy English-born St. Louis merchant of cutlery who created the Missouri Botanical Garden.

72 Uriel Wright: spell-binding St. Louis criminal lawyer; state legislator; an ardent unionist until the capture of Camp Jackson (see infra, Nov. 25, 1865, note 74) aroused his indignation and led him to enlist in the Confederate Army.

73 John R. Shepley, law partner of Bates.

74 Samuel Reber, judge of the Court of Common Pleas.

75 Importer, manufacturer, jobber of drugs, president of the Mechanics' Bank, director of the Pacific Railroad Company, alderman, director of public schools, a founder of Washington University.

76 Mr. Charless had once been compelled to testify against him in court.

77 Probably C. D. Drake ; see infra, Feb. 12, 1863. note 13.

78 History of Frederick II of Prussia.

79 Frederick II was imprisoned at Cüstrin in close confinement and later forced to work in the auditor's office there, as part of his father's effort to break his will and turn him from literature and music to military pursuits.

80 A king of Lydia in the Seventh Century, B. C., who according to classical tradition (Herodotus tells the story) was enabled to murder his predecessor and secure his throne and his queen through the powers of invisibility given him by this magic ring.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 20-3

Monday, April 13, 2026

Diary of Orville Hickman Browning, Tuesday, June 5, 1860

Fine day. Attending Court. Wrote to Hon Edw: Bates in reply to his of 28th ult:

SOURCE: The Diary of Orville Hickman Browning, Vol. 1, p. 414

Saturday, January 24, 2026

Diary of Edward Bates, May 18, 1859

Went with Julia to Florissant,52 to vis[i]t Julian53 and Sally.54 Dined with them and returned in the evening. I never saw Sally so handsome — a good family reason for it — Julian is well and his professional prospects improving — They both seem very happy.

Note. Julian got his buggy broke today, by leaving his horse standing, unhitched, while he visited a patient. The carriage, he says, is not badly hurt, but I fear the horse may be spoiled.
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52 Florissant, a town of St. Louis County, sixteen miles northwest of the city of St. Louis. Here Dr. Julian Bates lived. Here, too, was the family burying-ground where Bates's mother and sister were interred.

53 Next to the eldest of Mr. Bates's living sons — a physician in Florissant. See supra, "Introduction."

54 Julian's wife, formerly Sarah Woodson.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, p. 15-6

Diary of Edward Bates, May 20, 1859

Note — Subscribed for the National Intelligencer For Julian, and pd. the bill for one year — $6.00 see receipt of Mr. James, the agent.

My letter to the New York Whig Com[mitt]ee., which has had such a run in the papers, and has been so variously criticised, gives occasion, every now and then, for tickling my vanity. A small instance occur[r]ed today, in the person of one Mr. Harding of Massts., — father in law to Dr. Oliphant — The old gentleman is stone deaf, but seeing me cross the street from my office to the French restaurant, expressed a strong desire to be introduced to me — He wanted to tell his friends when he went home, that he had shakened [sic] the hand that wrote that letter

Dr. O[liphant] (who has never spoken to me since the Montesquou trial55) followed me into the restaurant, and with much politeness and many apologies, requested me to go to his house (next door) and be introduced to Mr. H.[arding] saying that it would be a great gratification to the old gentleman — I went.

. . . 56
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55 Gonsalve and Raymond de Montesquieu were two wealthy French youths tried for murders committed in cold blood in 1849 at Barnum's City Hotel. After two juries disagreed, the Governor pardoned Gonsalve, the gunman, on the ground of insanity, and Raymond because he had not participated in the shooting. The trial caused international excitement.

56 Planting of Chinese sugar cane, water melons, lima beans, Yankee pumpkins.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, p. 16

Diary of Edward Bates, May 21, 1859

Slavery in the District of Columbia.

It is strange to see how suddenly and totally men and parties do change their opinions upon even great constitutional questions, when they become party questions[.]

In Benton's Abridged Debates. Vol 9. p 415 (12 Feb: 1827) it appears that Mr. Barney57 presented a petition of Citizens of Maryland, for the abolition of Slavery in the District, — and moved that it be printed &c.

Mr. McDuffie58 opposed — He thought it impertenent [sic] in citizens of the States to meddle in the matter &c: It belonged exclusively to the people of the District &c [.] He considered Slavery a deplorable evil, and when the People of the District petitioned to get rid of it, he would be as ready as any man to grant their request &c.

It was but a few years afterwards that leading partizans thought it necessary to change the doctrine, so clearly announced by Mr. McD.[uffie] in both particulars — 1st. They now deny that the Existence of Slavery in the District ought to depend upon the wishes of the people there — and 2d. They deny the Power of Congress to abolish it. —

In the Territories

Formerly, nobody questioned the Power of Congress, but it was considered a matter of expediency only; and consequently it was disputed on grounds of policy only — Now, the Southern Democracy is in such a strait, that it is driven to the most revolting absurdities : But that is alway [s] so when men are resolved to maintain a known wrong against a known right — They insist that the Constitution, proprio vigore, carries slavery into the Territories — According to this new light, the constitution (which most of that party affect to consider only a League between the States) is the local law in the Territories. Slavery being carried into the Territories by the constitution, of Course Congress has no power to expel it, and cannot delegate the power to the Territorial Legislature, nor to the People — and the people themselves have no such power — And so, there is no power on Earth to abolish slavery in the Territories!!

The argumentum ad absurdum used to be thought a sufficient refutation— not so now. Junius59 was half right in saying that "When a man is determined to believe, the very absurdity of his doctrine confirms his faith."

The constitution, I suppose, is the Law of the States which made it and exist in Union by it; and is not law [sic] the Law of the Territories, which are subject acquests; And yet, according [to] these learned Thebans, it carries slavery into the Territories, where it is not law, but does not carry it into Pennsylvania and Massachusetts, where it is law!

Those who hold that belief may well say — "Credo quia impossible est."60
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57 John Barney, Federalist congressman from Maryland, 1825-1829.

58 George McDuffle of South Carolina: anti-Jackson Democratic congressman, 1821-1834; governor, 1834-1836 ; U. S. senator, 1842-1846.

59 Infra, May 25, 1865, note 25.

60 Bates does not seem to have quoted accurately. St. Augustine in his Confessions VI. 5. (7) said " Credo quia absurdum est," and Tertullian in Be Come Christi (Chap. V, part II) said, "Certum est quia impossibile est." But then Bates seldom did quote exactly.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 16-7

Diary of Edward Bates, May 24, 1859

To day, Sarah Bates, by one single deed, set free all her remaining slaves — being 32 in number. The deed was proven in Court, by John. S. McCune and Edward Bates, two of the subscribing witnesses — the witness being C. Woodson Bates.61

She has long wished to accomplish this end but was never quite ready to do it till now.

In her late severe sickness, the though[t] of leaving her slaves to be held as property and to serve strangers after he[r] death, seemed to give her great distress. She talked of it painfully, sleeping and waking.

Having executed the deed, and then fulfilled her long-cherished wish, she seemed relieved of a burden, and greatly cheered and lightened.

The negro[e]s are very good-looking generally, and are worth at least $20,000.
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61 Mr. Bates's youngest son. See supra, " Introduction."

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 17-8

Diary of Edward Bates, May 25, 1859

"A fool with a majority on his side, is the greatest tyrant in the world." — 2. Carlisle's [sic'] Fred[eric]k the Great, p 50[.]

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, p. 18

Diary of Edward Bates, May 27, 1859

The N. York Commercial advertiser of May 23d. contains a very complimentary notice of my letter to the Whig Committee,62 and extracts the part of it against the rage for foreign acquisition — heading it, Bates versus Fillibusterism [sic]. Such a compliment from such a paper goes for something.

If my letter does no other good, I hope it will embolden some men, both North and South, to speak out boldly against the system of aggression and plunder, whose feelings are right, but have heretofore been too timid to denounce it. The truculent impudence of certain buccaneers in the South seems to have taken the start of public opinion, and silenced the opposition of the timid and the peaceful.

I see by the Nat:[ional] Intelligencer of May 24. that there is established in Baltimore (and the 1st. No. actually issued) a Weekly Periodical called "The American Cavalier" which professes to be — "A Military Journal, devoted to the extension of American Civilization."

The Cavalier declares that it will "place its feet upon [on] the broad platform of the [‘]Monroe doctrine[’] and will maintain that the Government of the U[nited] States is the only legal arbiter of the destiny of American nationalities." (!)

Sir Knight (the Editor of the Cavalier) stimulated by the prospect of universal expansion, talks grandiloquently thus — "This nation is the Empire of the People, and as such we shall advocate its extension until 1 [sic] every foot of land on the continent (wonder if he means to leave out the Islands? — Perhaps, as he is a cavalier, he'll go only where [he] can ride) owns only our flag as the National emblem, and that flag the ["]Stars and stripes["] — Aye, we say, add star to star until our Republican constellation is a very sun of light[,] throwing its genial rays into into [sic] the humblest home of the poor man, in the most distant part of the earth[!] — <what! outside the "Continent!"> Let not the virgin soil of America be polluted by oppression— [ ;] <Can he mean to abolish slavery?> Let it not be the continued seat of war and bloodshed; <No more fighting then I hope> let the great people <and why not the little ones too> rise up as one man and command peace and love to be enthroned as the presiding genii of this new world."63

There is a good deal more of that sort of nonsense —

"And then he pierc'd his bloody-boiling breast, with blameful — bloody blade!"

It is perhaps fortunate that such political charlatans do commonly disclose the dangerous absurdity of their projects, by the stupid folly of their language.

The paper, observe, is to be military — All this spread of 'American Civilization' is to be done by martial law. Buchanan wants to take military possession of Mexico; and Douglas wants a seabound Republic !

The Louisville Journal of May 26 — sent me by some one — contains a long article, written with ability (I guess by Judge Nicholas64) with a view to organize a general Opposition Party. He argues that the only way to beat the Democrats effectively is for the Republican party to abandon its separate organization, and unite its elements with the general opposition. He thinks that the Abolitionists proper, will not go with the Republicans, any how, and that the Republicans, altho' very strong, are not more numerous than the other elements of opposition ; and that standing alone, they are, like the Democrats, sectional — But, fused with the other elements, and thus taking the character of the general opposition, the party would become essentially national, and would easily put down the sham Democracy.

I read in the papers that a Company is formally organized down South, to increase the African labor of the Country — i. e. import slaves — and that DeBow65 is a head man of it.

This is said to be the result of the deliberations66 of the "Southern Commercial Convention"67 at its late session in Mississippi — Vicksburg.

Are these men mad, that they organize in open defiance of the law, avowedly to carry on a felonious traf [f]ic, and for an object, tho' not distinctly avowed yet not concealed, — to dissolve the Union, by cutting off the slave states, or at least the cotton states ?

Again — are these men fools ? Do they flatter themselves with the foolish thought that we of the upper Mississippi will ever submit to have the mouth of our River held by a foreign power, whether friend or foe? Do they not know that that is a fighting question, and not fit to be debated? The people of the upper Miss[issip]pi. will make their commerce flow to the Gulf as freely as their waters. If friendly suasion fail, then war: If common warfare will not suffice, they will cut the dikes, at every high flood, and drown out the Delta!68

[Marginal Note.] June 4. I see by the papers, that since the adjournment of the Southern convention, there has been a great antislave-trade meeting held at Vicksburg — called to order by Foote69 and presided over by Judge Sharkey70 — which denounced all that the Convention had done about the slave trade.
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62 Supra, 1-9.

63 Mr. Bates has quoted inaccurately. The punctuation and capitalization are changed, and with the exception of "legal " and “Empire of the People" the italics are Mr. Bates's.

64 Samuel S. Nicholas: judge of the Kentucky Court of Appeals, 1831-1837; author in 1857 of a series of essays on Constitutional Law.

65 James D. B. De Bow: economist; short-time editor of the Southern Quarterly Review published at Charleston, South Carolina; editor of the Commercial Review of the South and Southeast (later De Bow's Review) which he founded in New Orleans in 1846 ; superintendent of the U. S. Census under President Pierce ; and a leader in the Southern Commercial Conventions.

66 May 9-13, 1859. On May 10, L. W. Spratt of South Carolina, Isaac N. Davis of Mississippi, and John Humphreys of Mississippi introduced resolutions urging a reopening of the African slave-trade, and Humphreys, G. V. Moody of Mississippi, and J. D. B. De Bow of Louisiana made speeches supporting them. On May 12, the Convention voted 40—19 for repeal of all laws prohibiting the importation of African negroes. A committee on the "legality and expediency" of the slave-trade was appointed to report to a later convention.

67 This was one of a series of "commercial conventions" of the 1850's in which Southerners sought to analyze their economic and commercial ills and find remedies that would enable them once more to overtake the North in economic development.

68 The Northwest's need of a free outlet through the lower Mississippi to the sea had always played an important role in national history. The South thought that this factor would force the Northwest to follow it in secession. The editor, however, decided (in a detailed study made of Southern Illinois in 1860-1861) that railroad building of the 1850's had made at least that portion of the Northwest which lies east of the Mississippi equally dependent by .1861 upon rail connections with the Northwest, and that this importance of both outlets actually forced a strongly pro-Southern Southern Illinois to defend the Union, since preservation of the Union was the only way to maintain both the river and the rail outlets. Mr. Bates's comment throws interesting light upon this same influence of the Mississippi upon Missouri unionist sentiment.

69 Henry S. Foote of Mississippi: Unionist U. S. senator, 1847-1852; governor of Mississippi, 1852-1854 ; opponent of states' rights and secession. He later moved to Memphis. Tennessee. As a member of the lower house of the Confederate Congress, he criticized Davis severely. When Lincoln's peace proposals were rejected, he resigned and was imprisoned by the Confederacy, but finally was allowed to remove to Union territory.

70 William L. Sharkey of Mississippi: elective chief justice of the Court of Errors and Appeals, 1832-1850 ; president of the Southern Convention at Nashville in 1850; provisional governor of Mississippi under the Johnsonian restoration of 1865.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 18-20

Sunday, January 11, 2026

Diary of Edward Bates, Tuesday, May 3, 1859

I regret to find that Thomas Hare, coachman, is disagreeable to the rest of the servants, in consequence of which he has given me warning, last Sunday night.

Tom is intelligent, active and very expert in the management of horses and carriage; but I fear he is given to drink. He attributes his disagreement with the other servants to the difference of religion— They are all Roman Catholics, and he is an English Churchman.

I have spoken to Tom Farry to try and get me another man[.]

Dined with Mr. Lindell44 today. As usual, he was very kind and respectful, and after dinner he insisted on taking me down town in his own carriage.
_______________

44 Peter Lindell: wealthy merchant, real estate operator, and hotel owner; founder of the first packet-boat line between St. Louis and Pittsburgh; incorporator of the Missouri Insurance Company.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, p. 14

Diary of Edward Bates, May 6, 1859

Paid (at the Mechanic's Bank) my note for $100 — date Nov 1. 1854, due at fifty four months — endorsed by W. H. Barksdale, Treasr. — This is one of the notes given for my subscription of $1000, to the “City University.” Mr. Charless45 says it is the last — I hope so, but am not certain whether it is the 9th. or 10th. note.

God forgive me for the meanness of begrudging a voluntary subscription. The object is most worthy, and if it had been carried out on the plan and in the spirit understood at the time of subscribing, I should begrudge nothing in my power to give. But it has not been managed to my liking.46
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45 Infra, June 4, 1859, note 75.

46 See infra, July 23, 1859.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, p. 14

Diary of Edward Bates, Sunday, May 8, 1859

It rained hard yesterday afternoon, which again interferes with the planting of seeds — The weather is warm, and for the first time this season, I doft my double-breasted cloth waistcoat and put on a thinner — black satin —

Noon — the air is sultry and masses of clouds lying about, portending rain — and the Rain Crows (Cookcoos) are croaking for another shower.

John. C. Boone spent the night here, and returned to town about 10. oclock. He is about to buy a house and lot in Stoddard's addition, and settle there.

Sister Sarah47 is very ill, and Julia48 attends her continually, night and day, and is consequently, much worn down. I staid at home, not going to Church.

My letter49 to the N. Y. Com[mitt]ee. (whig) has attracted great attention, and has been published throughout the Union, (except perhaps the extreme South, whose papers I rarely see.) The letter has attracted various criticisms in the Press: The Democrats, of course, condemn: The Americans, as far as I have seen approve — Many of the Republican papers approve, without reserve — Some of them however, and those influential, consider my denunciation of agitation a grave offence — a disqualifying error, concur[r]ing as they do in the rest.

In one assumption (and that erroneous) all seem to concur. The Press and private persons all assume that the letter is a Candidate's letter — a ' platform ' and a [‘]bid for the Presidency’! They forget that it is an answer to a Whig committee, which itself begun [sic] by denouncing the agitation.

[Marginal Note.] However men may agree or disagree with me, in the particular views expressed, the general tone of the letter appears, to be approved every where; and I am sure it has substantially increased my reputation for courage and firmness as a man, and perspicacity as a writer.

A great many papers are sent to me now, with comments on the letter — pro and con. And many private men write to me in terms very flattering to my vanity — Among them Saml. P. Bates50 of Meadville Pa. — His beginning is frank and manly and induces a desire to cultivate him. I have answered his letter[.]

. . . 51

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47 Sarah Bates died on August 12, at the age of 86. See supra, " Introduction."

48 Mrs. Bates. See loc. cit.

49 Supra, 1-9.

50 Lecturer on education; formerly principal of the academy at Meadville; at this time superintendent of the Crawford County schools in Pennsylvania.

51 Comments on the weather and on the state of his garden: the progress of his tulips, narcissus, snow drops, flags, pioneys [sic], snowballs, the Harrison or yellow rose, his grape vines, raspberries, blackberries, gooseberries, strawberries, Japanese potatoes.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 14-15

Thursday, January 8, 2026

Diary of Orville Hickman Browning, Tuesday, May 22, 1860

Fine day—At work in office. out at Cox's to tea. “Help me Cassius or I sink” received a long letter from Hon David Davis, Thos A Marshall, N. B. Judd, E Peck1 & O. M. Hatch, entreating me in the most earnest terms to go, without delay, to St Louis, and see Judge Bates, and try and prevail upon him to come into Illinois, and assist us in the campaign. They want his influence to carry the old whig Quincy element for Lincoln.2 Some of these same men had blamed me for supporting Judge Bates for the Presidency and had asserted, in the most emphatic terms, that he could not carry Illinois. I believed before the convention, and believe now, that he would have carried the entire Republican party, and the old whig party beside, and I think others are beginning to suspect the same thing, and that we have made a mistake in the selection of candidates.

I immediately wrote a long and urgent letter to Judge Bates, and will follow it in person tomorrow—for in my opinion, the existence of the party and the highest good of the country, are alike dependent upon our success, and I am willing to forego all personal preferences, and make any reasonable sacrifice to secure a triumph
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1 Ebenezer Peck, 1805-1881. Born in Maine; admitted to bar in Canada; member of Canadian Parliament; came to Chicago, 1835, being one of the founders of the Democratic party and one of its supposedly unscrupulous politicians. Lincoln opposed him then, but by 1856 Peck had become a Republican and he took part in the Republican convention at Bloomington in that year. He was elected clerk of the Supreme Court in 1841 in a meeting of five of the nine justices of the court. His election was supposed to be part of a bargain regarding the passage of the act of 1841 reorganizing the Supreme Court on Democratic lines. He was therefore known as the "midnight clerk." President Lincoln appointed him to the United States Court of Claims. Palmer, The Bench and Bar of Illinois, 1:76-77; 2: 627; Nicolay and Hay, Abraham Lincoln, 1:126127; 2: 28; Memoirs of Gustave Koerner, 2: 93.

2 This letter is in the files of the Illinois State Historical Library at Springfield and reads as follows:

Springfield, Ills

May 21 1860

Dear Browning—

 

There must be no mistake about carrying Illinois—

 

Our honor is pledged to it—

 

To conduce to this end, it is apparent to a number of friends now here, that Judge Edward Bates should be got to make speeches, at 4 or 5 prominent places in this State, say Charleston Springfield, Jacksonville, Carlinville, or Alton, & some place on Military Tract

 

Judge Bates owes it to himself & the cause to make this sacrifice His appearance & the man himself would be more effective, than a thousand speeches from Eastern Orators—

 

—Mr Bates, would emphatically settle the Fillmore element for us—

Your friends think that if these speeches could be made all of them before the Baltimore nomination—that they would be greatly—infinitely more effective—than if made afterwards

 

Now is the appointed time— In looking over the list of our friends, who should be sent to Mr Bates to effect this end a number of your friends & Mr Lincoln's now here, unitedly believe that you are that man—

 

The undersigned therefore, earnestly & affectionatley urge you immediately to visit Saint Louis & if possible secure the services of Mr Bates— We assure you that you could not more effectually serve the cause—

 

We beg of you to lay aside business & visit Saint Louis—for this purpose—

 

Write to Mr Hatch the result of your mission—Knowing your interest in this cause, we feel certain that you will not hesitate a moment, in endeavouring to accomplish this very desirable object.

 

Mr Blair of St Louis thinks it most important & if in St Louis will lend his aid— Mr Blair has the matter at heart—

 

We remain

Dear Sir

Your friends

David Davis

N. B. Judd

T. A. Marshall

Eb Peck.

O. M. Hatch

SOURCE: The Diary of Orville Hickman Browning, Vol. 1, pp. 408-10

David Davis et al to Orville Hickman Browning, May 21, 1860

Springfield, Ills
May 21 1860
Dear Browning—

There must be no mistake about carrying Illinois—

Our honor is pledged to it—

To conduce to this end, it is apparent to a number of friends now here, that Judge Edward Bates should be got to make speeches, at 4 or 5 prominent places in this State, say Charleston Springfield, Jacksonville, Carlinville, or Alton, & some place on Military Tract

Judge Bates owes it to himself & the cause to make this sacrifice His appearance & the man himself would be more effective, than a thousand speeches from Eastern Orators—

—Mr Bates, would emphatically settle the Fillmore element for us—

Your friends think that if these speeches could be made all of them before the Baltimore nomination—that they would be greatly—infinitely more effective—than if made afterwards

Now is the appointed time— In looking over the list of our friends, who should be sent to Mr Bates to effect this end a number of your friends & Mr Lincoln's now here, unitedly believe that you are that man—

The undersigned therefore, earnestly & affectionatley urge you immediately to visit Saint Louis & if possible secure the services of Mr Bates— We assure you that you could not more effectually serve the cause—

We beg of you to lay aside business & visit Saint Louis—for this purpose—

Write to Mr Hatch the result of your mission—Knowing your interest in this cause, we feel certain that you will not hesitate a moment, in endeavouring to accomplish this very desirable object.

Mr Blair of St Louis thinks it most important & if in St Louis will lend his aid— Mr Blair has the matter at heart—

We remain
                Dear Sir
                                                                Your friends

David Davis
N. B. Judd
T. A. Marshall
Eb Peck.
O. M. Hatch

SOURCE: The Diary of Orville Hickman Browning, Vol. 1, pp. 409-10