Virginia Secession Convention, June 17, 1861

SECOND SESSION.

FOURTH DAY.

RICHMOND, Monday, June 17, 1861.

The Convention assembled at 10 o’clock.—Prayer by the Rev. Mr. Peterkin.

The Chair called for reports from Committees, and the Secretary read the list, but no response was made.

Mr. FISHER.—Mr. President, I am instructed to ask that the Committee on Post Offices be discharged from further duty, the whole subject having been turned over to the Confederate Government, and no further business being before the committee.

There being no objection, the Committee was thereupon discharged.

The Chair announced the committee on Railroads to be Messrs. Morris, Cox of Chesterfield, Harvie, Johnson of Richmond City, and Marye.

Mr. STAPLES.—Not being present when the Ordinance of Secession was signed, I ask leave to append my name to that instrument.

The PRESIDENT.—There is a general order upon that subject, which will enable the gentleman to sign the Ordinance without the leave of the convention.

Mr. JOHNTSON.—A document has reached my hand from a county where I do not belong, but, nevertheless, I take the liberty of laying the same before the Convention. As the subject referred to is one upon which this body can properly take no action, I simply present it, and ask that it be laid upon the table.

A VOICE.—Have it read!

Mr. JOHNSTON.—That is hardly worth while, for I can state its object in three words. It is simply a petition from the county of Washington, asking for the establishment of an election precinct. I move that it be laid upon the table.

The motion was agreed to.

The PRESIDENT.—When this body last adjourned it was in secret session, and if there is no other business before the Convention, I shall direct the lobbies and galleries to be cleared preparatory to resuming the consideration of the subject then under discussion.

The Convention accordingly went into secret session, in which it remained until half past two o’clock, when the doors were again thrown open.

RECEPTION BY HON. JEFFERSON DAVIS.

The PRESIDENT then laid before the Convention the following communication in response to a letter addressed by him to the President of the Confederate States, in accordance with a resolution offered by Mr. DORMAN, that the latter be invited to state when it would be convenient for him to receive the members of the Convention.

SPOTSWOOD HOUSE, June 16, 1861.

 

HON. JOHN JANNEY, President, etc.—

 

Sir:—I have the honor to acknowledge the receipt of your letter of the 15th inst., communicating to me the resolution of the Virginia State Convention to visit me at such hour as it may appoint.

 

It will afford me great pleasure to receive you and the members of the Convention at eight o’clock on Monday evening of the 17th instant. I have the honor to be,

 

Very respectfully, yours,

JEFFERSON DAIVS.

COURTESIES TO SECRETARY WALKER.

 The PRESIDENT also laid before the body the following communication from the Hon. L. P. Walker, Secretary of War:

CONFEDERATE STATES OF AMERICA.

Richmond, June 15, 1861.

 

To the Hon. JOHN JANNEY, President of the Virginia State Convention:

 

SIR:— Your letter inviting me, “in obedience to a resolution of the Virginia State Convention, unanimously adopted,” to occupy a privileged seat, provided in the Hall of the Convention, is before me.

 

Return to the Convention, if you please, my profound acknowledgement of their courtesy; and accept, for yourself, assurances of distinguished consideration.

 

L. P. WALKER,

Secretary of War.

Mr. TYLER.—I move that when this Convention adjourns, it be to meet at half-past seven o’clock this evening at this place.

The motion was agreed to.

On Motion of Mr. TYLER, the communication of Secretary WALKER was laid upon the table.

Mr. TYLER.—I now propose for adoption the following resolutions:

Resolved, That this convention has heard with high satisfaction of the brilliant victory recently obtained by the combined forces of North Carolina and Virginia at Bethel, in the county of York, the first regular conflict between those who, under usurped authority, have invaded our soil and the brave defenders of that soil, and it being altogether appropriate that our troops should receive a suitable meed of applause for their gallantry and good conduct;

Be it therefore resolved, That in the name of the people of Virginia, this convention expresses its high admiration of the gallantry and good conduct of the officers and men engaged in the battle of Bethel on the 10th instant, where they repelled and put to flight more than four times their numbers;

Resolved, That the conduct of Col. John B. Magruder, the commander of the Confederate forces, of Col. D. A. Hill, the commander of the North Carolina troops, and of the officers under their command, evinced in the opinion of this convention high military skill, united to unshrinking valor;

Resolved, That copies of the foregoing resolutions be forwarded to Col. Magruder, with the request that he will cause the same to be publicly read to the troops under his command.

Mr. TYLER. I desire to say, Mr. President in regard to these resolutions, that the North Carolina Legislature received with rapturous applause the account of the battle of Bethel Church, and of the noble action of the North Carolina troops upon that occasion; and so inspired were they by the intelligence of the gallantry of their commander, Col. Hill, that (if the papers are to be relied upon.) they immediately promoted him to the grade of a Brigadier General.

Sir, when you come to estimate the value and importance of that battle, considering that it is the first regular action that has occurred on our soil—though I would, by no means forget the bold and gallant stand made by the Fauquier Rifles—and when you calculate the circumstances by which our little army was surrounded and the battle was fought, it is impossible not to confess that it stands by the side of the most brilliant military achievements that history every recorded.

At the battle of Agincourt, in former days, we are told that the English fought in the proportion of one against ten, and obtained a victory; but it must be remembered that it was then against an undisciplined rabble, under no military restraint, and unfamiliar with even the rudiments of military discipline; but here we have had to encounter troops acquainted with the art of war, well drilled and formidable.

They marched up to your ramparts; they advanced against you four to one, and your handful of men dissipated them like chaff before the wind. I cannot imagine anything more brilliant than this engagement. I cannot conceive of braver or more undaunted men, or of military skill more consummate or successful in its results. Cheerfully do I contribute the praise which properly belongs to the achievement, and to the noble volunteers who participated in it.

You will remember that we were to be overcome by these invaders; that all these disturbances of the country were to pass away like a morning dream. When the enemy came upon the field, it is said they talked with derision particularly of North Carolinians, as mere cornstalk troops, whom they were to drive from their sight without a blow; and yet those same corn stalk troops, under the orders of their gallant leader, by one single dash of the bayonet, put the enemy to flight and relieved themselves from the further embarrassment of their presence.

[A VOICE.—They whipped the Zouaves, the crack regiment.]

Yes, I thank the gentleman for the suggestion. We have whipped their best regiment off the field without difficulty, and thank God, with the loss of but one man. We brought against their four thousand but eight hundred muskets, and almost in the twinkling of an eye that four thousand was dispersed, and victory perched upon our banners.

There is but one occurrence of a similar kind in our history with which I can compare it; it took place upon the celebrated battlefield of Buena Vista. You all well remember the gallant conduct of the present President upon that occasion. It was supposed that the day was lost, that our handful of five thousand were to be trampled upon by a host of twenty thousand Mexicans; but whose heart did not thrill with joy on reading the account of the momentary retreat under Col. Davis until he found a better position when, coming to a right about, the order of “forward march” was given, and they dashed into the ranks of the enemy. Another brilliant incident deserves to be mentioned in connection with Bragg’s battery of Flying artillery—the same gentleman who is now commanding our Southern troops at Pensacola.

I received the account from the lips of Gen. Taylor himself. He had with him but two hundred men. A body of four thousand Mexicans were advancing, and the fate of the day depended upon that contest. Gen. Taylor was close by to encourage him by his presence—standing there, as the brave old man told me, with no expectation of leaving the field alive. The fire opened, the enemy recoiled, hesitated, and finally retreated before the little force, and the day was hours. And now, as then, when you compare the disparity of our numbers engaged in the late conflict at Bethel, you have cause to exult, proudly exult, in the character of the achievement and the conduct of our troops.

Mr. President, I am restrained from making any discrimination among either our officers or soldiers in referring to the recent battle. All behaved nobly and all alike deserve commendation. But if I were to make any distinction of the gallant Major of the Howitzers, whom we all well know and appreciate. But I abstain. I trust, Mr. President—and this is one of the great objects of these resolutions independent of a rendition of a tribute of respect and applause to those who deserve it—this example will stimulate all to meet the invaders and drive them from the soil without hesitating to count either their own or the number of the enemy—to meet them dauntlessly—meet them as has been done by this handful at Bethel, and my life upon a victory will crown our [endeavors] at every stop.

RAILRAOD BETWEEN WINCHESTER AND STRASBURG.

Mr. R. Y. CONRAD—I desire to call the attention of the Convention to an ordinance of considerable importance in regard to the railroad connection between Winchester and Strasburg. I move that it be taken up and put upon its passage.

The motion was agreed to.

Mr. CONRAD—It may be necessary to state in regard to this ordinance, that it is intended to authorized the construction, by the Manassas Railroad Company, of a military road from Strasburg to Winchester, a distance of about eighteen miles. Winchester is now the Headquarters of the whole force under the Headquarters of the whole force under the command of General Johnson, who has fallen back upon that town which will probably be a point of conflict. This road was deemed so important by the Governor and council as well as by the Commander in Chief, that they have not only recommended the adoption of the Ordinance, but have agreed, without authority from the Convention, to advance the sum of fourteen thousand five hundred dollars to pay the revenue duties on the rail road iron proposed to be used in its construction. They have also made a contract, depending upon the approval of this Convention, with the Manassas Gap road, by which the work will be done without any expense to the State. The only difficulty in regard to the passage of the Ordinance of which I am aware grows out of the fact that the connection between Strasburg and Winchester has heretofore been a subject of controversy in our Legislature. But I have to state that the causes of that controversy have been entirely removed by the present condition of the country. The rival which caused the opposition thus made no longer exists or can exist. It was formerly supposed that this road might be prejudicial to the interests of Alexandria; but the President of the Manassas Rail Road Company authorizes me to stat that he is now anxious for its construction; and that he himself made the proposition concerning this contract, which has been approved by the Governor and Council and General Lee. I hope, therefore, it may be unnecessary to make any further statement to the Convention in reference to the matter. If there be any such occasion, I think I can satisfy the members of this convention of the propriety and importance, in every point of view, of granting the authority for the construction of the road.

Mr. GREGORY.—I desire to submit a motion which I have never before made in any deliberative body. This is a question of some interest, and likely to require the consideration of the Convention longer than the present late hour will warrant. I move that we do now adjourn.

The PRESIDENT. The Chair would suggest the propriety of taking a recess until half past seven o’clock.

Mr. GREGORY.—That ought to have been my motion, and I now make it.

Mr. BORST.—I hope the gentleman will withdraw his motion for five minutes, as I believe that this matter may be settled without further discussion.

Mr. GREGORY.—I should prefer to have it lay over until we meet again.

The Convention then took a recess until half past 7 o’clock, p.m.

EVENING SESSION.

VISIT TO THE PRESIDENT.

The Convention re-assembled at half past seven o’clock.

At ten minutes to eight, the body adjourned and preceded by Hon. Jon Janney, the President and Hon. John Tyler, visited the Hon. Jefferson Davis at his parlors, in the Spotswood Hotel, the members being severally introduced to the Chief Magistrate by Mr. Eubank, the Secretary of the Convention. There were also present Hon. Messrs. Toombs, Memminger and Mallory of the cabinet, and Mr. Brown, the Assistant Secretary of State. An hour having been spent in the interchange of courtesies, the gentlemen retired.

SOURCES: Lyon Gardiner Tyler, The Letters and Times of the Tylers, Volume 2, p. 660-1; “Virginia Secession Convention,” Richmond Enquirer, Semi-Weekly Edition, Tuesday Morning, June 18, 1861, p. 2

Diary of Private William S. White, Late February 1862

During the latter part of February we were ordered with the Fourteenth Virginia Infantry to fall back to the left flank of Mulberry Island, some four or five miles in rear of our former position.

Mulberry Island is the nearest water battery on the north side of the James River to Newport News, and mounts seven or eight heavy guns. It is supported by the Day's Point battery, on the south side of the James, mounting seventeen guns. Magruder, as soon as we reached this place, sent us six hundred negroes to throw up heavy fortifications. Our position here is quite a strong one; on our left flank is the Warwick River, on our right is a deep marsh and the heavy battery at Mulberry Island; in our front is a broad, open field, our guns commanding it. Reinforced by the Fifth Louisiana Infantry.

SOURCE: William S. White, A Diary of the War; or What I Saw of It, p. 111

Diary of Private William S. White, July 3, 1861

Quiet along the lines; some little "cursing" of Magruder in camp, for marching us so much in such rainy weather.

SOURCE: William S. White, A Diary of the War; or What I Saw of It, p. 104

Diary of Private William S. White, June 18, 1861

Magruder arrived at Bethel Church a few hours since, and right glad were we to see him, for “Old Mac," as we call him, has our fullest confidence. Sent my "detachment," mounted, with a guard of cavalry to New Market Bridge to reconnoitre. Results: procured two cart loads of corn, one spade and two shovels, shot at one of our own videttes, but didn't hit him, as he ran too fast. We could have been easily cut off had the Yankees possessed any daring.

SOURCE: William S. White, A Diary of the War; or What I Saw of It, p. 101

Diary of Private William S. White, June 19, 1861

A BIG SCAMPER.

Reported by our videttes that the enemy, ten thousand strong, were moving rapidly on the Warwick road, and would attack us from the rear.

Magruder instantly ordered a retreat, and the troops made very quick time for men not frightened.

There was a good deal of hard swearing, some throwing away of baggage, and in fact a little touch of stampede, but when we reached Yorktown the ten thousand Yankees turned out to be only a marauding party of some fifty or more.

Hardly had we gotten into Yorktown when my detachment was ordered to return to Bethel, with a squadron of cavalry, to guard a wagon train sent back to recover the stores left there.

This time we were mounted but were pretty well broken down when we reached Bethel, as the train moved very slowly. Upon reaching the church I had the good fortune to find a cold boiled ham, and with the aid of ship crackers, I soon made a good square meal. As soon as we loaded up the wagon train, we started back for Yorktown; being much fatigued and very sleepy I could scarcely keep my seat in the saddle. A fifteen mile march, and a thirty mile ride on horseback, in one day is no easy matter.

SOURCE: William S. White, A Diary of the War; or What I Saw of It, p. 101-2

Diary of Private William S. White, June 27, 1861

Received orders for two howitzers with twenty-five picked men, mounted, to report to Lieutenant-Colonel Chas. Dreux, commanding the First Louisiana Battalion. Left Yorktown with an infantry force of some two thousand men and marched within six miles of Bethel Church. It is reported the enemy intend landing a large force on the Poquosin River, and we are acting as a small corps of observation. Magruder joined us a short while since.

SOURCE: William S. White, A Diary of the War; or What I Saw of It, p. 103

Diary of Private William S. White, June 29, 1861

Arrived at camp early next morning, and found our entire force had moved in the direction of Hampton. The rain was still falling without intermission, and my cakes having long since become all dough, I threw them away. Followed the tracks of our troops until I was within a short distance of New Market Bridge, when I found they had turned off the main road and had taken the direction of Newport News; then I became completely bewildered, and wandered about in the woods for a long time, unable to find my way back, and fearing to go forward, as I was, knowing the distance I had ridden, not more than a half mile from the enemy's camp. Finally I got into the main road, and soon after came across one of our scouts, "Uncle" Ben. Phillips, and he put me on the right track. We captured a negro, dressed in a blue uniform, just as he was going into the enemy's camp at Newport News, and turned him over to General Magruder.

SOURCE: William S. White, A Diary of the War; or What I Saw of It, p. 104

Diary of Private William S. White, Tuesday, June 4, 1861

Last evening we received orders to be ready to move by sunrise this morning, and many of us took the liberty of going into the city to bid our friends farewell—perhaps for the last time, for none of us know the result of this terrible war.

Our destination is Yorktown, where we will report to General Magruder, who now commands our forces on the Peninsula. We "broke camp" after an early breakfast and left in splendid spirits, as all of our boys were eager to see service."

Well, it was the morning of June 4th, when we were ordered away from Chimborazo to join Magruder's forces on the Peninsula, and we eagerly obeyed the summons.

When marching through Church Hill I felt very sad, for I was passing my old home, and I looked into the garden, all choked up with weeds now, thinking all the while of the fragrant flowers I used to gather there, long ago, and of those dear ones who used to watch them as they first began to bloom in the sunny summer time. Memories of the by-gone crowded thick and fast upon me, and then I saw one who had nursed me in the happy days of childhood. She rushed out into the street, clasped me in her arms, and whilst great tears of grief trickled down her dusky cheek, placed in my hands a huge loaf of bread, begged me to accept it, and humbly apologized because it was all she could give.

Lives there a Virginian whose soul does not melt into tenderness when memory backward flows to childhood's happy days, and he remembers the ever venerated “mammy," whose name was perhaps the first ever articulated by his childish lips; whose snow-white 'kerchief and kindly heart will ever be in the memories of the happy past; whose ample lap was so often childhood's couch, when tiny feet were wearied in roaming over the green fields, and joyously wading through the limpid streamlets of the old homestead! And then at night-fall, when the candles were lighted, and the elder ones gathered around the fire-place, how gently, tenderly, that old black "mammy" raised him up in her great strong arms, carried him through the spacious hall, and up the wide winding stair-case; then placing him carefully in his low trundle-bed, first taught his infant lips the hallowed words of the Lord's Prayer.

Ah! mayhap she's dead now, but the memory of that dear old nurse still lingers, and though that blue-eyed boy is a stern strong man, yet the green sod of her grave is oft bedewed with tears.

After a great deal of trouble and some pretty hard work we succeeded in getting our guns and horses on the York River train, and finally bade adieu to Richmond.

SOURCE: William S. White, A Diary of the War; or What I Saw of It, p. 94-5

Diary of Private William S. White, June 10, 1861

BATTLE OF BETHEL CHURCH, MONDAY, JUNE 10TH, 1861.

The above-named place is a neat little country church situated some fifteen miles from Yorktown, and twelve miles from Hampton. Since June 6th we have been throwing up rude, but strong breastworks, and fortifying the place in the best manner we knew how.

Our Parrot gun (No. 1) and a brass howitzer (my gun, No. 4) composed the main battery, just to the left of the church. A howitzer of Captain Brown's Second Company was stationed to our right, and about one hundred and fifty yards in our front. A rifled howitzer of the Second Company was stationed about a hundred yards to the left of the main battery. Two of Stanard's howitzers were stationed some miles in our rear, to guard a flanking road, but came up in the heat of the fight and did good service.

There was also a howitzer a few yards to the left of the main battery, its position was changed several times during the engagement.

There were in all seven guns engaged in the battle, four belonging to the Third Company and three to the Second Company.

All honor is due to a noble hearted Virginia country woman, who undoubtedly saved our camp from surprise, and kept the forces sent out early this morning from running into the enemy unawares.

These troops were under the immediate command of Colonel Magruder, and their mission was to capture a post called New Market, occupied by six hundred Federal troops; they having left Bethel Church about 3 A. M., with six hundred infantrymen, three Howitzers and a small squad of cavalrymen, proceeding in the direction of New Market, towards Hampton. After being on the road some two hours, this woman came towards us in great haste, and gave Colonel Magruder the timely information that the enemy a few moments since, some five hundred strong, had been to her house, but a short distance in our front, had taken her husband prisoner and were then marching to get in our rear.

Believing this party to be an advance guard of the enemy, Colonel Magruder wheeled his column, and we marched rapidly back to Bethel Church, to await further developments.

Our whole force only numbered fifteen hundred, Virginians and North Carolinians, commanded by my old Sabbath-school teacher in the Lexington days of long ago, Colonel D. H. Hill.

At 8 o'clock A. M., our videttes and advanced pickets commenced coming into camp and reported the enemy advancing upon us, five thousand strong, under the command of Brigadier-General Pierce, of Massachusetts.

Major George W. Randolph, formerly Captain of the old Howitzer Company of Richmond, acted during the day with conspicuous gallantry as Magruder's Chief of Artillery.

Then one by one and in squads of five or six came the inhabitants, fleeing before the enemy. At first they came in slowly, but anon their pale faces and the hurried manner of their coming betokened the enemy to be not far distant.

Even the peril, so near at hand, could hardly suppress the smile that flitted athwart our countenances as a superannuated negro, driving lustily an aged mule attached to a dilapidated cart filled with promiscuous plunder, appeared upon the scene evidently making tracks for the rear.

Every man was at his post, but not a cheek blanched, nor did an arm falter, for we felt as if the entire South watched us that day, and we would pay their watching well.

Precisely at 9 A. M. we saw the dazzling glitter of the enemy's muskets as they slowly appeared in battle array marching down the Hampton road-then our trusty Parrot gun opened its dark mouth and spoke in thunder tones the stern determination of our devoted little band—then the howitzer on its left, and right, hurled shot and shell into the bewildered ranks of the advancing foemen; and then came the enemies shot, bursting and whizzing around our heads, and the sharp ring of the rifle told of war in earnest.

Here on one side is a band of beardless boys, who, heretofore, have scarcely been considered as possessing a sufficiency of nerve to brain a cat, now handling their artillery with a coolness and consummate skill that war-worn veterans would have gloried in.

On the other side regulars and fanatics fought for PAY and for the upholding of a government whose oppression had to millions of people now become unbearable.

And the death missiles came hurtling and screaming through the calm, clear, summer's air, but those brave boys quailed not before the storm of death—they thought of kindred, of homes, of peaceful firesides and of loved ones, who, with weeping eyes and anguished hearts were praying to the God of Battles to shield them from all harm, when the hour that tried men's souls drew near.

Not one of our men failed in the discharge of his duty, but silently and rapidly did we pour shot and shell into the enemies ranks.

'Twould be a vain endeavor to attempt to describe one's feelings in a battle, for I believe after the first shock is over they become somewhat blunted, and yet we all thought enough to fall flat whenever we saw a shell coming from the Yankee battery. But the musket and rifle balls could not be dodged and they whistled around us in a perfect storm. There seemed to be some unseen hand that warded them off from the men, but the horses and mules were not so fortunate. There was a very stubborn, thickheaded old mule belonging to the Second Company Howitzers, and just before the fight one of the boys hitched him to a cart and endeavored to make him work, but 'twas no use, Mr. Mule asserted the popular theory of rebellion and declined to be pressed into service, whereupon the soldier gave him a “cussing," and tied him to a tree, hoping at the same time that the first shot from the enemy "would knock his 'dern'd' head off." Alas, for the poor mule!—the second shot fired by the enemy struck a tree just to the left of my gun, glanced and passed directly through the mule, who, in the agonies of death, doubtless deplored his untimely fate and refusal to work.

For nearly two hours the fight was confined to the artillerists almost exclusively, but so soon as the enemy came in musket range our infantry gave them a reception worthy of Southern hospitality.

About this time one of Captain Brown's howitzers, the one in front and to the right of the main battery, became spiked by the breaking of a priming wire in the vent, and was rendered ineffectual during the rest of the engagement.

By reason of this, three Virginia companies of infantry on the right front flank were in a measure unprotected, and were withdrawn by Colonel Magruder to the rear of the church.

The New York Zouaves seeing the gun disabled charged upon the works in which this howitzer was placed, and our men retired slowly, discharging their pistols as they fell back upon the North Carolina infantry.

Colonel Magruder immediately ordered Captain Bridges of the "Edgecombe Rifles" to retake the lost position, which 'tis said he attempted to do by himself, failing to order his company to follow him, in his eagerness to obey orders.

But his company did follow him in gallant style and drove the Zouaves off at a double-quick. The two howitzer guns of Stanard's Third Company now coming up from the rear, under the command of Sergeant Powell and Lieutenant Edgar F. Moseley, were immediately placed in position, and again the battle raged.

Major Winthrop, aid to General B. F. Butler, in command at Fortress Monroe, having come up with reënforcements wearing our badges, white band around the cap, made an ineffectual attempt to carry our works, and lost his life in the endeavor. After his fall the enemy fled in disorder, having also lost a valued artillery officer, Lieutenant Greble, who commanded his battery with great bravery. Badly crippled and much worse frightened, they now were in precipitate flight toward Hampton, hotly pursued by a small squadron of Virginia cavalry, who reached the field just as the fight ended. If Magruder had have had a thousand cavalry we could have taken the whole force prisoners. Our loss has been comparatively small-one killed and ten wounded, three of the wounded belonging to the Second Howitzers-Lieutenant Hudnall and Privates John Worth and Henry Shook. The only one killed on our side was Private Henry L. Wyatt, of the North Carolina Infantry, who fell in endeavoring to burn a small wooden house in which the enemy were harbored. The Yankee loss was heavy, though we could not find out the exact number, as they carried off many of their dead and wounded in carts, wagons, carriages and buggies, which they took from the neighboring farmers. Their loss was between two and three hundred. They had boasted that they would, with cornstalks, drive off the mob of Virginians and North Carolinians hastily collected together to impede their would-be triumphal march.

About 4 o'clock P. M. we were reënforced by the Second Louisiana Regiment, and had they have gotten to us sooner our victory would not have been fruitless. Thus ends the first pitched battle between the United States troops and the Confederate forces. Although in itself it was a battle of no magnitude or great importance, yet it showed to the boasting North how terribly we were in earnest, and gave comfort and encouragement to the faint and weak-hearted on our side.

SOURCE: William S. White, A Diary of the War; or What I Saw of It, p. 96-100

Diary of Private William S. White, June 13, 1861

Had a grand review of all the troops stationed at Yorktown to-day, numbering five or six thousand. Magruder is a magnificent looking soldier when in full dress uniform.

Stanard's battery, Third Company, with the New Orleans Zouaves, ordered back to Bethel Church, left about sun down, and took the road easily, marched eight or nine miles and camped on the roadside. Nothing has been heard of the enemy since the late fight. According to their account of the late battle, our one Parrot gun was a masked battery of forty pieces of rifled artillery.

SOURCE: William S. White, A Diary of the War; or What I Saw of It, p. 100-1

Diary of Private William S. White, April 30, 1861

On or about April 25th, we were ordered to the Baptist College, a large brick building at the west end of the city, where we were put through a regular course of instruction. Having had many accessions to our number, now some three hundred, we formed a Battalion of Artillery, and unanimously elected our Captain, Geo. W. Randolph, as its Major. Three companies comprised this Battalion, known as the First, Second, and Third Companies of Richmond Howitzers.

Of the First Company, we elected our former First Lieutenant, John C. Shields, one of the proprietors of "The Richmond Whig," Captain, and Edward S. McCarthy, a bold and fearless gentleman, Lieutenant.

Of the Second Company, we elected our former Second Lieutenant, John Thompson Brown, a lawyer of high standing and great personal worth, Captain. As he was then at Gloucester Point, near Yorktown, with two of our guns and about forty men, we elected no other officers for that company, leaving them to supply the deficiency themselves. Here it will not be amiss to state that this detachment of men fired the first shot in Virginia, driving back the Federal Tug “Yankee," at Gloucester Point.

Of the Third Company, we elected Robert C. Stanard Captain, Edgar F. Moseley, First Lieutenant, and John M. West, Second Lieutenant.

Being a member of the Third Company, this "Diary" will, of course, refer more especially to that company and its members. We remained at the Baptist College for a few weeks under the command of Colonel J. Bankhead Magruder, then moved our camp to Howard's Grove, on the Mechanicsville Turnpike, and finally moved to Chimborazo Hill, east end of the city, where we remained until we left Richmond for the field. About the middle of May our First Company, Captain J. C. Shields, was ordered to Manassas, much to our regret, whilst we were left in camp to become more perfect in the Battery Drill. We were under the instruction of a late U. S. Army officer, Lieutenant Smeed, and he evidently understood what he was about. Our officers and men, as yet, know but little about the "Battery Drill,” but are rapidly improving.

SOURCE: William S. White, A Diary of the War; or What I Saw of It, p. 93-4

Diary of Sergeant David L. Day: February 17, 1864

ALONE AGAIN.

Our Brooklyn friends left us the 13th. They were ordered to report at Newport News, and we to remain here to do guard duty. When they left they expected to return in a few days, but I reckon they have gone for good, as they have sent for their ladies and quartermaster, who have gone, carrying everything with them. That leaves us alone again, and we are doing the guard duty up town, which is the outpost. It takes about one third of our men every day, and that brings us every third day. All the camps about here are located near Fort Magruder, a large field fortification built by Gen. Magruder for the defence of Williamsburg. Since coming into Federal possession, it has been slightly altered and the guns, which formerly pointed outward, now point towards the town, about a mile distant. This was an obstacle which McClellan had to overcome in his march on Richmond. About 50 rods from its former front, now its rear, runs a wide and rather deep ravine across the country from the York to the James river, a distance of about three miles. On this line Magruder built his forts, with rifle pits in front on the edge of the ravine, for skirmishers and infantry. He had got only Fort Magruder armed on McClellan's arrival, but it proved a formidable obstacle, as it commanded the road and a wide piece of country. In front of this fort was the hottest of the battle, and not until Gen. Hanancock with his corps had crossed the ravine at Queen's creek on the York river side and swooped down on Magruder's left, did he find it untenable. He then saw the day was lost and beat a hasty retreat. A few of us, while looking over the battle-ground a day or two ago, found the graves of Milford boys, who were in the 40th New York regiment.

I reckon we must have given them quite a scare up in Richmond the other day, for in the alarm and confusion which prevailed, quite a number of prisoners escaped and are finding their way in here. Yesterday the cavalry went out to assist any that might be trying to get in.

SOURCE: David L. Day, My Diary of Rambles with the 25th Mass. Volunteer Infantry, p. 123-4

Diary of Private Louis Leon: June 10, 1861

At three o'clock this morning the long roll woke us up. We fell in line, marched about five miles, then counter-marched, as the Yankees were advancing on us. We got to our breastworks a short time before the Yankees came, and firing commenced. We gave them a good reception with shot and shell. The fight lasted about four hours. Our company, was behind the works that held the line where the major of the Yankee regiment, Winthrop, was killed. After he fell our company was ordered to the church, but was soon sent back to its former position. This is the first land battle of the war, and we certainly gave them a good beating, but we lost one of our regiment, Henry Wyatt, who was killed while gallantly doing a volunteer duty. Seven of our men were wounded. The Yankees must have lost at least two hundred men in killed and wounded. It was their boast that they could whip us with corn-stalks, but to their sorrow they found that we could do some fighting, too. After the fight some of the boys and myself went over the battlefield, and we saw several of the Yankee dead—the first I had ever seen, and it made me shudder. I am now in a school where sights like this should not worry me long.

Our commander in this fight was Col. Bankhead Magruder. The Yankee commander was Gen. B. F. Butler.

From now on I will never again grumble about digging breastworks. If it had not been for them many of us would not be here now. We returned the same night to Yorktown, full of glory.

On July 18 we heard that our boys had again whipped the Yankees at Bull Run.

Also, on July 21, again at Manassas.

We changed camp a number of times, made fortifications all around Yorktown, and when our six months were over we were disbanded, and returned home. So my experience as a soldier was over.

I stayed home five months, when I again took arms for the Old North State, and joined a company raised by Capt. Harvey White, of Charlotte, and left our home on April 23, 1862, at 6.30 P.M. I stayed in Salisbury until next night, when I, with several others, took the train for Raleigh, where our company was. We went to the insane asylum to see Langfreid, who wanted to go home by telegraph to see his cotton and tobacco. After spending most of our day in town we went to camp four miles from Raleigh. We stopped a carriage, and the driver said he would take us to camp for three dollars. We halved it with him and he drove us there. We reported to Captain White, and he showed us to our hut. We were surprised to find it without a floor, roof half off and “holey” all over. We commenced repairing, and went to the woods to chop a pole for a part of the bedstead. We walked about a mile before we found one to suit us. It was a hard job to get it to our hut. We put it up and put boards across and then put our bedding on it, which consisted of leaves we gathered in the woods. And now it is a bed fit for a king or a Confederate soldier.

It commenced raining at dark, which compelled us to cover with our oilcloth coats. We did not get wet, but passed a bad night, as I had gotten used to a civilian's life again.

SOURCE: Louis Leon, Diary of a Tar Heel Confederate Soldier, p. 3-5

Diary of Corporal David L. Day: January 11, 1862

As I look out on the Old Dominion, the Mother of presidents, statesmen and heroes, my mind is filled with historical reminiscences of its past greatness and glory. Alas! that Virginia, a state that bore such a proud record in the history of our country, a state that has done so much and sacrificed so much to gain our independence and establish our government, should now be sunk in the mire and slough of rebellion.

There is no appearance of leaving here today; many of the officers are going ashore to look around, and the boys are amusing themselves as best they can. Many and various are the speculations and conjectures as to our destination. Some think we are to make an attack on Yorktown, others that Norfolk is the point of attack. Some prophesy that we shall go up the James river, others that we are going far down the coast. I have not bothered myself much about it, but conclude we shall fetch up somewhere. As one looks on “old glory” proudly waving over the frowning battlements of Fortress Monroe and the rip raps, he would naturally conclude that this part of Virginia had not passed the ordinance of secession. Fortress Monroe is built of granite and earthworks, and is calculated, I believe, to mount some 400 or 500 guns. It is the largest and strongest fort on the coast and the only complete work in this country; hence it is called a fortress. The rip raps is an unfinished work, built on an artificial island, and situated about a mile east of Fortress Monroe. When completed, it will be a powerful work, and all vessels going to Norfolk or up the James river will have to pass between the two forts.

Looking west we can see the ruins of Hampton, burned last fall by order of Gen. Magruder. Speaking of Magruder reminds me of an anecdote I have somewhere read of him. While serving in Mexico, he ranked as captain of infantry in the regular army. While there he was in the habit of spreeing it pretty hard, and early one morning, after he had been out on a pretty rough time, his regiment received orders to march. By some strange oversight, the captain failed to replenish his canteen, and in a little while he began to experience an intolerable thirst. In this dilemma he called on one of his privates, whom he supposed might have something, and asked him what he had in his canteen. He was told that it contained a certain kind of Mexican liquor, of which the captain was very fond. After taking a pretty good bumper, he said, “Private Jones, you will hereafter rank as corporal, and be obeyed and respected as such.” After a while, his thirst again coming on, he goes and calls for some more of the liquor. This time he about found the bottom of the canteen, and thanking the corporal for his politeness, said to him, “Corporal Jones, you will hereafter rank as sergeant, and be obeyed and respected as such.” And, as the story went, if the canteen had held out a while longer, private Jones might have ranked as brigadier general.

SOURCE: David L. Day, My Diary of Rambles with the 25th Mass. Volunteer Infantry, p. 19-20

George S. Denison to Salmon P. Chase, January 8, 1863

(Private)

New Orleans, January 8th, 1863.

Dear Sir: A disaster has occurred at Galveston, similar to that near Fortress Monroe when the Cumberland and Congress were destroyed.

The rebels under Magruder, came down from Houston with four boats (steam) protected by cotton bales. At the same time, a land force, estimated from 3,000 to 7,000 crossed the bridge to the Island and occupied Galveston. This occurred about one or two o'clock on the morning of Jan. 1st. About 3 o'clock an attack was made by land and water on the Gunboats —which were in the narrow channel within musket shot of the shore. The “Harriet Lane” run into a rebel boat and sunk her, but became entangled in the wreck and could not get off. She was carried by boarding and captured. Less than twenty of her men are supposed to survive (out of 130). The Westfield (Flag Ship) was aground. Commodore Renshaw sent off to the other vessels all the men and officers except eight or ten, and then blew up the vessel and himself with her. He did not intend to destroy himself, but the magazine took fire unexpectedly, just as he was escaping. Two hundred and fifty men of a Massachusetts regiment (infantry only) were posted in the town, and were all captured or killed. The Gunboats had previous notice of the attack, and there must have been negligence on the part of the officers. Our loss is — “Harriet Lane” captured, but believed to be too much injured to be fit for sea for some time. The “Westfield” blown up.

Two sailing vessels loaded with coal for the navy.

About 400 men killed or taken prisoners.

All the other vessels (two were Gunboats) escaped. The fight lasted from three o'clock until 10 A. M.

Admiral Farragut, on receipt of the news, immediately dispatched several vessels to Galveston, which will set things right again, I hope. The 1st. Texas Reg't., Col. Davis, arrived, after the capture, on the S. Ship “Cumbria,” and narrowly escaped capture. The reg't. numbers about 200 men, who have all returned here.

The condition of things here does not seem to me to be very satisfactory — but Gen. Banks has not been here long enough to determine the prospect of improvement.

I think Gen. Banks lacks decision. With one or two exceptions, his staff are not men of ability. He seems to favor the policy of conciliation — which policy is weak and will always be unsuccessful. I can hardly get him to express an opinion — or if he does, it does not seem to be an earnest conviction. Secessionists grow more defiant and Union men despondent. This, I hope, and think, will be changed. I believe he is thoroughly honest, and he already has effected much good by putting down swindlers and army speculators. Gen. Butler's military commission (Gen. Orders No. 91) did an immense amount of mischief and injustice. Gen. Butler is an extraordinary man, but did very wrong in all things connected with internal trade. I have frequently heard Union men say they wished he was President, for though he would make millions for himself during the first three months, he would finish the war in three months more.

Gen. Banks has a very difficult position, for he comes here a stranger and four weeks at least are necessary for him to become informed of the situation.

The Government can finish this war in twelve months — in one way and in only one. Arm the negroes. I am perfectly satisfied it must be done. Why delay it? It can be done here without throwing the border states into a fever. Here and in S. Carolina and not well elsewhere. I called upon Gen. Banks this morning and urged the matter on his attention, as I have often done before. He agreed with me that the war could be finished in that way, but seems afraid of taking the responsibility. I wish I could assume the responsibility for him. I would suggest that you write me a letter to be shown to Gen. Banks, giving your opinion of the expediency of raising negro troops, and stating how such a step will be regarded by the Administration. If he is assured in this manner that the Government will approve, perhaps he will enlist the negroes. There are at least 20,000 black men within our lines who will make good and willing soldiers, 50,000 more can be raised west of the Mississippi as our army advances.

The three colored regiments already organized, have petitioned Gen. Banks to be put in the front rank at Port Hudson, that they may have a chance of removing the stigma of alleged cowardice from their race, and vindicate their rights and abilities as soldiers. I urge him to grant their request, but do not know what he will do about it. The negroes all say they can finish the war if the Gov't. will give them a chance. By no other means is success certain. Why delay it?

If it had not been for speculations in the sugar crops, Gen. Butler would have raised more regiments, but the men were wanted on the plantations to take off the crops.

Our last dates from the North are of the 20th. December. It is rumored that Gen. Butler may go into the Cabinet. I almost wish he would. He is a man of wonderful energy, will, and ability, and will always be admired by the Union men of New Orleans, even though he is believed by some to have acquired great wealth here.

Military affairs remain in the same condition as when I last wrote. Port Hudson has not been attacked and I don't know when it will be. The rebels are said to be receiving re-inforcements there.

P. S. Gen. Hamilton is still here.

SOURCE: Diary and correspondence of Salmon P. Chase, Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 345-7

Diary of John Beauchamp Jones: September 28, 1863

All is reported quiet on the Rappahannock, the enemy seeming to be staggered, if not stupefied, by the stunning blows dealt Rosecrans in the West.

Burnside's detachment is evacuating East Tennessee; we have Jonesborough, and are pursuing the enemy, at last accounts, toward Knoxville. Between that and Chattanooga he may be intercepted by the right wing of Bragg.

The President had his cabinet with him nearly all day. It is not yet ascertained, precisely, whether Mr. Seward was really on the flag of truce steamer yesterday, but it is pretty certain that Mr. Benjamin went down the river. Of course the public is not likely to know what transpired there — if anything.

The trans-Mississippi army is getting large amounts of stores, etc., on the Rio Grande River. Major Hart, Quartermaster, writes from San Antonio, Texas, on the 13th of July, that three large English steamers, "Sea Queen," "Sir Wm. Peel," and the "Gladiator," had arrived, were discharging, etc. Also that two large schooners were hourly expected with 20,000 Enfield rifles on board. He says Gen. Magruder is impressing cotton to freight these vessels.

So far, 260 Quakers, non-combatants, have been reported, mostly in North Carolina. A few cannot pay the $500—conscientiously.

The papers begin to give the details of the great battle of Chickamauga—the "river of death."

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 2, p. 54-5

Abraham Lincoln to Erastus Corning and Others, June 12, 1863

EXECUTIVE MANSION, Washington, June 12, 1863.

Hon. ERASTUS CORNING,  and others:

GENTLEMEN: Your letter of May 19,* inclosing the resolutions of a public meeting held at Albany, N.Y., on the 16th of the same month, was received several days ago.

The resolutions as I understand them are resolvable into two propositions — first, the expression of a purpose to sustain the cause of the Union, to secure peace through victory, and to support the Administration in every constitutional and lawful measure to suppress the rebellion; and secondly, a declaration of censure upon the Administration for supposed unconstitutional action, such as the making of military arrests. And from the two propositions a third is deduced, which is that the gentlemen composing the meeting are resolved on doing their part to maintain our common Government and country despite the folly or wickedness, as they may conceive, of any Administration. This position is eminently patriotic, and as such I thank the meeting and congratulate the nation for it. My own purpose is the same; so that the meeting and myself have a common object, and can have no difference except in the choice of means or measures for effecting that object.

And here I ought to close this paper and would close it if there was no apprehension that more injurious consequences than any merely personal to myself might follow the censures systematically cast upon me for doing what in my view of duty I could not forbear. The resolutions promise to support me in every constitutional and lawful measure to suppress the rebellion, and I have not knowingly employed nor shall I knowingly employ any other. But the meeting by their resolutions assert and argue that certain military arrests and proceedings following them for which I am ultimately responsible are unconstitutional. I think they are not. The resolutions quote from the Constitution the definition of treason, and also the limiting safeguards and guarantees therein provided for the citizen on trials of treason, and on his being held to answer for capital or otherwise infamous crimes, and in criminal prosecutions his right to a speedy and public trial by an impartial jury. They proceed to resolve “that these safeguards of the rights of the citizen against the pretensions of arbitrary power were intended more especially for his protection in times of civil commotion.” And apparently to demonstrate the proposition the resolutions proceed:

They were secured substantially to the English people after years of protracted civil war, and were adopted into our Constitution at the close of the Revolution.

Would not the demonstration have been better if it could have been truly said that these safeguards had been adopted and applied during the civil wars and during our Revolution instead of after the one and at the close of the other! I, too, am devotedly for them after civil war and before civil war and at all times, “except when in cases of rebellion or invasion the public safety may require” their suspension.

The resolutions proceed to tell us that these safeguards “have stood the test of seventy-six years of trial under our republican system under circumstances which show that while they constitute the foundation of all free government they are the elements of the enduring stability of the Republic.” No one denies that they have so stood the test up to the beginning of the present rebellion if we except a certain occurrence at New Orleans, nor does any one question that they will stand the same test much longer after the rebellion closes. But these provisions of the Constitution have no application to the case we have in hand, because the arrests complained of were not made for treason — that is, not for the treason defined in the Constitution, and upon the conviction of which the punishment is death — nor yet were they made to hold persons to answer for any capital or otherwise infamous crimes, nor were the proceedings following in any constitutional or legal sense “criminal prosecutions.” The arrests were made on totally different grounds and the proceedings following accorded with the grounds of the arrests. Let us consider the real case with which we are dealing and apply it to the parts of the Constitution plainly made for such cases.

Prior to my installation here it had been inculcated that any State had a lawful right to secede from the National Union, and that it would be expedient to exercise the right whenever the devotees of the doctrine should fail to elect a President to their own liking. I was elected contrary to their liking, and accordingly so far as it was legally possible they had taken seven States out of the Union, had seized many of the U.S. forts, and had fired upon the U.S. flag, all before I was inaugurated, and of course before I had done any official act whatever. The rebellion thus begun soon ran into the present civil war, and in certain respects it began on very unequal terms between the parties. The insurgents had been preparing for it for more than thirty years, while the Government had taken no steps to resist them. The former had carefully considered all the means which could be turned to their account. It undoubtedly was a well-pondered reliance with them that in their own unrestricted efforts to destroy Union, Constitution, and law all together the Government would in great degree be restrained by the same Constitution and law from arresting their progress. Their sympathizers pervaded all departments of the Government and nearly all communities of the people. From this material, under cover of “liberty of speech, liberty of the press and habeas corpus, they hoped to keep on foot amongst us a most efficient corps of spies, informers, suppliers, and aiders and abettors of their cause in a thousand ways. They knew that in times such as they were inaugurating by the Constitution itself the habeas corpus might be suspended, but they also knew that they had friends who would make a question as to who was to suspend it, meanwhile their spies and others might remain at large to help on their cause. Or if as has happened the Executive should suspend the writ without ruinous waste of time instances of arresting innocent persons might occur, as are always likely to occur in such cases, and then a clamor could be raised in regard to this which might be at least of some service to the insurgent cause.

It needed no very keen perception to discover this part of the enemy's programme so soon as by open hostilities their machinery Was fairly put in motion. Yet thoroughly imbued with a reverence for the guaranteed rights of individuals I was slow to adopt the strong measures which by degrees I have been forced to regard as being within the exceptions of the Constitution and as indispensable to the public safety. Nothing is better known to history than that courts of justice are utterly incompetent to such cases. Civil courts are organized chiefly for the trials of individuals, or at most a few individuals acting in concert, and this in quiet times and on charges of crimes well defined in the law. Even in times of peace bands of horse-thieves and robbers frequently grow too numerous and powerful for ordinary courts of justice. But what comparison in numbers have such bands ever borne to the insurgent sympathizers even in many of the loyal States? Again a jury frequently has at least one member more ready to hang the panel than to hang the traitor. And yet again he who dissuades one man from volunteering or induces one soldier to desert weakens the Union cause as much as he who kills a Union soldier in battle. Yet this dissuasion or inducement may be so conducted as to be no defined crime of which any civil court would take cognizance.

Ours is a case of rebellion — so-called by the resolutions before me; in fact a clear, flagrant, and gigantic case of rebellion; and the provision of the Constitution that “the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it” is the provision which specially applies to our present case. This provision plainly attests the understanding of those who made the Constitution that ordinary courts of justice are inadequate to “cases of rebellion” — attests their purpose that in such cases men may be held in custody whom the courts acting under ordinary rules would discharge. Habeas corpus does not discharge men who are proved to be guilty of defined crime, and its suspension is allowed by the Constitution on purpose that men may be arrested and held who cannot be proved to be guilty of defined crime, “when in cases of rebellion or invasion the public safety may require it.” This is precisely our present case — a case of rebellion, wherein the public safety does require the suspension. Indeed arrests by process of courts and arrests in cases of rebellion do not proceed altogether upon the same basis. The former is directed at the small percentage of ordinary and continuous perpetration of crime, while the latter is directed at sudden and extensive uprisings against the Government, which at most will succeed or fail in no great length of time. In the latter case arrests are made not so much for what has been done as for what probably would be done. The latter is more for the preventive and less for the vindictive than the former. In such cases the purposes of men are much more easily understood than in cases of ordinary crime. The man who stands by and says nothing when the peril of his Government is discussed cannot be misunderstood. If not hindered he is sure to help the enemy; much more, if he talks ambiguously — talks for his country with “buts” and “ifs” and “ands.”

Of how little value the constitutional provisions I have quoted will be rendered if arrests shall never be made until defined crimes shall have been committed may be illustrated by a few notable examples. General John C. Breckinridge, General Robert E. Lee, General Joseph E. Johnston, General John B. Magruder, General William Preston, General Simon B. Buckner, and Commodore Franklin Buchanan, now occupying the very highest places in the rebel war service, were all within the power of the Government since the rebellion began and were nearly as well known to be traitors then as now. Unquestionably if we had seized and held them the insurgent cause would be much weaker. But no one of them had then committed any crime defined in the law. Every one of them if arrested would have been discharged on habeas corpus were the writ allowed to operate. In view of these and similar cases I think the time not unlikely to come when I shall be blamed for having made too few arrests rather than too many.

By the third resolution the meeting indicates their opinion that military arrests may be constitutional in localities where rebellion actually exists, but that such arrests are unconstitutional in localities where rebellion or insurrection does not actually exist. They insist that such arrests shall not be made “outside of the lines of necessary military occupation and the scenes of insurrection? Inasmuch, however, as the Constitution itself makes no such distinction I am unable to believe that there is any such constitutional distinction. I concede that the class of arrests complained of can be constitutional only when in cases of rebellion or invasion the public safety may require them, and I insist that in such cases they are constitutional wherever the public safety requires them, as well in places to which they may prevent the rebellion extending as in those where it may be already prevailing; as well where they may restrain mischievous interference with the raising and supplying of armies to suppress the rebellion as where the rebellion may actually be; as well where they may restrain the enticing men out of the army as where they would prevent mutiny in the army; equally constitutional at all places where they will conduce to the public safety as against the dangers of rebellion or invasion.

Take the peculiar case mentioned by the meeting. It is asserted in substance that Mr. Vallandigham was by a military commander seized and tried “for no other reason than words addressed to a public meeting in criticism of the course of the Administration and in condemnation of the military orders of the general.” Now if there be no mistake about this, if this assertion is the truth and the whole truth, if there was no other reason for the arrest, then I concede that the arrest was wrong. But the arrest as I understand was made for a very different reason. Mr. Vallandigham avows his hostility to the war on the part of the Union, and his arrest was made because he was laboring with some effect to prevent the raising of troops, to encourage desertions from the army, and to leave the rebellion without an adequate military force to suppress it. He was not arrested because he was damaging the political prospects of the Administration or the personal interests of the commanding general, but because he was damaging the army upon the existence and vigor of which the life of the nation depends. He was warring upon the military and this gave the military constitutional jurisdiction to lay hands upon him. If Mr. Vallandigham was not damaging the military power of the country then his arrest was made on mistake of fact which I would be glad to correct on reasonably satisfactory evidence.

I understand the meeting whose resolutions I am considering to be in favor of suppressing the rebellion by military force — by armies. Long experience has shown that armies cannot be maintained unless desertion shall be punished by the severe penalty of death. The case requires and the law and the Constitution sanction this punishment. Must I shoot a simple-minded soldier boy who deserts while I must not touch a hair of a wily agitator who induces him to desert? This is none the less injurious when effected by getting a father or brother or friend into a public meeting and there working upon his feelings till he is persuaded to write to the soldier boy that he is fighting in a bad cause, for the wicked Administration of a contemptible Government, too weak to arrest and punish him if he shall desert. I think that in such a case to silence the agitator and save the boy is not only constitutional but withal a great mercy.

If I be wrong on this question of constitutional power my error lies in believing that certain proceedings are constitutional when in cases of rebellion or invasion the public safety requires them, which would not be constitutional when in the absence of rebellion or invasion the public safety does not require them; in other words, that the Constitution is not in its application in all respects the same in cases of rebellion or invasion involving the public safety, as it is in times of profound peace and public security. The Constitution itself makes the distinction, and I can no more be persuaded that the Government can constitutionally take no strong measures in time of rebellion because it can be shown that the same could not be lawfully taken in time of peace than I can be persuaded that a particular drug is not a good medicine for a sick man because it can be shown to not be good food for a well one. Nor am I able to appreciate the danger apprehended by the meeting that the American people will by means of military arrests during the rebellion lose the right of public discussion, the liberty of speech and the press, the law of evidence, trial by jury, and habeas corpus throughout the indefinite peaceful future which I trust lies before them any more than I am able to believe that a man could contract so strong an appetite for emetics during temporary illness as to persist in feeding upon them during the remainder of his healthful life.

In giving the resolutions that earnest consideration which you request of me I cannot overlook the fact that the meeting speaks as “Democrats.” Nor can I with fall respect for their known intelligence and the fairly presumed deliberation with which they prepared their resolutions be permitted to suppose that this occurred by accident, or in any way other than that they preferred to designate themselves “Democrats” rather than “American citizens? In this time of national peril I would have preferred to meet you on a level, one step higher than any party platform, because I am sure that from such more elevated position we could do better battle for the country we all love than we possibly can from those lower ones where, from the force of habit, the prejudices of the past, and selfish hopes of the future we are sure to expend much of our ingenuity and strength in finding fault with and aiming blows at each other. But since you have denied me this I will yet be thankful for the country's sake that not all Democrats have done so. He on whose discretionary judgment Mr. Vallandigham was arrested and tried is a Democrat having no old party affinity with me; and the judge who rejected the constitutional views expressed in these resolutions by refusing to discharge Mr. Vallandigham on habeas corpus is a Democrat of better days than these, having received his judicial mantle at the hands of President Jackson. And still more, of all these Democrats who are nobly exposing their lives and shedding their blood on the battle-field I have learned that many approve the course taken with Mr. Vallandigham, while I have not heard of a single one condemning it. I cannot assert that there are none such.

And the name of President Jackson recalls an instance of pertinent history. After the battle of New Orleans and while the fact that the treaty of peace had been concluded was well known in the city, but before official knowledge of it had arrived, General Jackson still maintained martial or military law. Now that it could be said the war was over the clamor against martial law which had existed from the very first grew more furious. Among other things a Mr. Louaillier published a denunciatory newspaper article. General Jackson arrested him. A lawyer by the name of Morel procured the U.S. judge (Hall) to order a writ of habeas corpus to relieve Mr. Louaillier. General Jackson arrested both the lawyer and the judge. A Mr. Hollander ventured to say of some part of the matter that “it was a dirty trick.” General Jackson arrested him. When the officer undertook to serve the writ of habeas corpus General Jackson took it from him and sent him away with a copy. Holding the judge in custody a few days the general sent him beyond the limits of his encampment and set him at liberty with an order to remain till the ratification of peace should be regularly announced or until the British should have left the southern coast. A day or two more elapsed, the ratification of the treaty of peace was regularly announced, and the judge and the others were fully liberated. A few days more and the judge called General Jackson into court and fined him $1,000 for having arrested him and the others named. The general paid the fine, and there the matter rested for nearly thirty years, when Congress refunded principal and interest. The late Senator Douglas, then in the House of Representatives, took a leading part in the debates in which the constitutional question was much discussed. I am not prepared to show who the journals would show voted for the measure.

It may be remarked: First, that we had the same Constitution then as now; secondly, that we then had a case of invasion, and now we have a case of rebellion; and, thirdly, that the permanent right of the people to public discussion, the liberty of speech and of the press, the trial by jury, the law of evidence and the habeas corpus suffered no detriment whatever by that conduct of General Jackson or its subsequent approval by the American Congress.

And yet let me say that in my own discretion I do not know whether I would have ordered the arrest of Mr. Vallandigham. While I cannot shift the responsibility from myself I hold that as a general rule the commander in the field is the better judge of the necessity in any particular case. Of course I must practice a general directory and revisory power in the matter.

One of the resolutions expressed the opinion of the meeting that arbitrary arrests will have the effect to divide and distract those who should be united in suppressing the rebellion and I am specifically called on to discharge Mr. Vallandigham. I regard this as at least a fair appeal to me on the expediency of exercising a constitutional power which I think exists. In response to such appeal I have to say it gave me pain when I learned that Mr. Vallandigham had been arrested — that is, I was pained that there should have seemed to be a necessity for arresting him — and that it will afford me great pleasure to discharge him as soon as I can by any means believe the public safety will not suffer by it.

I further say that as the war progresses it appears to me opinion and action which were in great confusion at first take shape and fall into more regular channels so that the necessity for strong dealing with them gradually decreases. I have every reason to desire that it should cease altogether, and far from the least is my regard for the opinions and wishes of those who, like the meeting at Albany, declare their purpose to sustain the Government in every constitutional and lawful measure to suppress the rebellion. Still I must continue to do so much as may seem to be required by the public safety.

A. LINCOLN.

_______________

* See Vol. V, this series, p. 654.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 6 (Serial No. 119), p. 4-10

Diary of John Beauchamp Jones: February 7, 1863

We have a dispatch from Texas, of another success of Gen. Magruder at Sabine Pass, wherein he destroyed a large amount of the enemy's stores.

But we are calmly awaiting the blow at Charleston, or a Savannah, or wherever it may fall. We have confidence in Beauregard.

We are more anxious regarding the fate of Vicksburg. Northern man as he is, if Pemberton suffers disaster by any default, he will certainly incur the President's eternal displeasure. Mississippi must be defended, else the President himself may feel the pangs of a refugee.

“That mercy I to others show,

That mercy show to me!”

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 255-6

Diary of John Beauchamp Jones: January 10, 1863

We have news from the West, which is believed to be reliable, stating that Bragg captured 6000 prisoners altogether in his late battles; took 30 cannon, 800 stand of arms, and destroyed 1500 wagons and many stores. The estimated loss of the enemy in killed and wounded is put down at 12,000. Our loss in killed and wounded not more than half that number.

To-day we have official intelligence confirming the brilliant achievement at Galveston; and it was Magruder's work. He has men under him fitted for desperate enterprises; and he has always had a penchant for desperate work. So we shall expect to hear of more gallant exploits in that section. He took 600 prisoners.

We have news also from Vicksburg, and the city was not taken; on the contrary, the enemy had sailed away. I trust this is reliable; but the Northern papers persist in saying that Vicksburg has fallen, and that the event took place on the 3d inst.

Six hundred women and children — refugees — arrived at Petersburg yesterday from the North. They permit them to come now, when famine and pestilence are likely to be added to the other horrors of war! We are doomed to suffer this winter!

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 235-6

Diary of John Beauchamp Jones: January 9, 1863

The Northern papers say the Federals have taken Vicksburg; but we are incredulous. Yet we have no reliable intelligence from thence; and it may be so. It would be a terrible blow, involving, for a time, perhaps, the loss of the Mississippi River.

But we have cheering news from Galveston, Texas. Several of our improvised gun-boats attacked the enemy's war vessels in the harbor, and after a sanguinary contest, hand to hand, our men captured the Harriet Lane, a fine United States ship of war, iron clad. She was boarded and taken. Another of the enemy's ships, it is said, was blown up by its officers, rather than surrender, and many perished. If this be Magruder's work, it will make him famous.

Our public offices are crowded with applicants for clerkships, mostly wounded men, or otherwise unfit for field duty.

How can we live here? Boarding is $60 per month, and I have six to support! They ask $1800 rent for a dwelling — and I have no furniture to put in one. Gen. Rains and I looked at one today, thinking to take it jointly. But neither of us is able to furnish it. Perhaps we shall take it, nevertheless.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 235