Trial of Edmund J. Ellis, editor, for violating the laws of war by publishing intelligence to the enemy, etc., February 25, 1862

COLUMBIA, Mo., Tuesday, February 25, 1862.

The commission proceeded to the trial of Edmund J. Ellis, a citizen of Boone County, Mo., who being called into court had the above order* read in his hearing and was asked if he objected to be tried by any member named in detail, to which he replied in the negative.

The commission was then duly sworn in the presence of the accused and the judge-advocate duly sworn by the president also in the presence of the accused.

The prisoner was then arraigned on the following charges and specifications:

CHARGE 1: The publication of information for the benefit of the enemy and encouraging resistance to the Government and laws of the United States,

Specification 1. — In this, that in a public newspaper published in the town of Columbia, county of Boone, State of Missouri, called The Boone County Standard of which paper the said Edmund J. Ellis was editor and proprietor on the 15th day of November, A.D. 1861, the said Edmund J. Ellis permitted and caused to be printed and published an article, entitled “Letters from Our Army,” design and object of which publication was to encourage and further rebellion against the existing Government of the United States.

Specification 2. — In this, that in a public newspaper published in the town of Columbia county of Boone and State of Missouri styled and called The Boone County Standard of which paper the said Edmund J. Ellis was editor and proprietor, the said Edmund J. Ellis on the 15th day of November, A.D. 1861, at Columbia aforesaid printed and published and caused to be printed and published an article entitled “To the Civil Officers of Boone County,” which said article contained treasonable matter and was designed and intended to encourage resistance to the Government and laws of the United States.

Specification 3. — In this, that in a public newspaper published in the town of Columbia, county of Boone and State of Missouri styled and called The Boone County Standard of which ]paper the said Edmund J. Ellis was editor and proprietor, the said Edmund J. Ellis on the 22d day of November, A, D. 1861, at Columbia aforesaid printed and published and caused to be printed and published a certain article entitled “Root, Abe, or Die,” which said article was designed and intended to encourage resistance to the Government and laws of the United States.

Specification 4. — In this, that in a public newspaper published in the town of Columbia, county of Boone and State of Missouri styled and called The Boone County Standard of which paper the said Edmund J. Ellis was editor and proprietor, the said Edmund J. Ellis on the 13th day of December, A.D. 1861, at Columbia aforesaid printed and published and caused to be printed and published a certain article entitled “The U. S. Flag — Rebellion,” which said article contained treasonable matter and was designed and intended to encourage resistance to the Government and laws of the United States.

Specification 5. — In this, that in a public newspaper published in the town of Columbia, county of Boone and State of Missouri, styled and called The Boone County Standard, of which paper the said Edmund J. Ellis was editor and proprietor, the said Edmund J. Ellis on the 3d day of January, A.D. 1862, at Columbia aforesaid printed and published and caused to be printed and published a certain article entitled “Carrier's Address,” which said article contained treasonable matter and was designed and intended to encourage resistance to the Government and laws of the United States.

Specification 6. — In this, that in a public newspaper published in the town of Columbia, county of Boone and State of Missouri, styled and called The Boone County Standard of which paper the said Edmund J. Ellis was editor and proprietor, the said Edmund J. Ellis on the 7th day of February, A.D. 1862, at Columbia aforesaid printed and published and caused to be printed and published a certain article entitled “News from General Price,” the design and object of which article was to give information to the enemies of the Government and to encourage resistance to the Government and laws of the United States.

CHARGE 2: Violation of the laws of war by the publication within the lines of the troops of the United States in a public newspaper of articles and information intended and designed to comfort the enemy and incite persons to rebellion against the Government of the United States.

Specification 1. — In this, that in a public newspaper printed and published in the town of Columbia, county of Boone, State of Missouri, styled and called The Boone County Standard of which said newspaper the said Edmund J. Ellis was the editor and proprietor, the said Edmund J. Ellis on the 29th day of November, 1861, at Columbia did publish and cause to be published a certain treasonable and seditious communication, viz, a letter addressed to the people of Kentucky and signed by J. C. Breckinridge, by which publication the said Edmund J. Ellis designed and intended to comfort the enemy and incite to rebellion against the Government of the United States persons within the lines of the troops of the United States.

Specification 2. — In this, that the said Edmund J. Ellis did print and publish and cause to be printed and published and circulated within the lines of the United States a certain pamphlet styled “To the Patriot Army of Missouri,” which pamphlet was calculated and designed to give aid to the enemy and to encourage and incite to acts of insurrection the people living within these said lines of troops; which pamphlet is hereto appended and marked. All this at or near Columbia, Mo., on or about the first day of October, 1861.

Specification 3. — That in a public newspaper printed and published in the town of Columbia, Boone County, Mo., known and styled as The Boone County Standard of which said newspaper the said Edmund J. Ellis was the editor and proprietor, the said Edmund J. Ellis did on the 6th day of December, 1861, at Columbia publish and cause to be published certain articles, viz, a treasonable and seditious article styled “Proclamation to the people of Central and North Missouri” and signed “Sterling Price, major-general commanding,” and a certain other treasonable and seditious article entitled “Convention between the State of Missouri and the Government of the Confederate States,” and signed “E. C. Cabell, Thomas L. Snead and R. M. T. Hunter,” also a certain other treasonable and seditious article entitled “Message of President Jefferson Davis to the Congress of the Confederate States” and signed “Jefferson Davis, Richmond, November 18, 1861.” All of which articles were published with the intent and design of giving comfort to the enemy and of inciting to rebellion against the Government of the United States persons within the lines of the troops of the United States.

To which several charges and specifications the accused interposed his plea to the jurisdiction of the court as follows, viz:

The accused, Edmund J. Ellis, objects and excepts to the jurisdiction of the court or military commission on all the matters and things stated in the two charges and the various specifications thereunder on the grounds following, viz: That the matters and things therein stated and charged (admitting them to be true, the truth of which, however, he controverts) are wholly and exclusively of civil cognizance.

Second. Because there is no supervision of the arm of civil power, no obstruction to judicial process and hence no sudden and extraordinary necessity (so far as the present case is concerned) for the intervention of a summary military commission or any military authority whatever.

Third. Because the matters and things stated in the said charges and specifications if criminal at all are violations of the Constitution and civil law of the land for the punishment of which tribunals of justice are provided, military commissions being unknown to the Constitution and laws of the United States.

Whereupon the court having been cleared proceeded to consider said plea and after mature deliberation overruled the said plea.

Whereupon the court having been again opened and the decision announced to the prisoner the prisoner pleaded as follows, viz:

To the specifications, not guilty, and to the charges, not guilty.

The court then adjourned at 6 p.m. until 10 o'clock Wednesday morning, February 26, 1862.

LEWIS MERRILL,

Colonel Regiment Merrill's Horse, President Military Commission.

ROBERT A. HOWARD,

First Lieutenant, Merrill's Horse, Recorder Military Commission.

_______________

* Special Orders, No. 160, p. 448, convening and making detail for the commission.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 1 (Serial No. 114), p. 453-5

Diary of Gideon Welles: Tuesday, September 29, 1863

No matter of special importance; nothing but current business in Cabinet. Seward and Stanton were not present. The latter seems to make it a point recently not to attend. Others, therefore, run to him. I will not. Military operations are of late managed at the War Department, irrespective of the rest of the Cabinet, or of all who do not go there. This is not difficult, for the President spends much of his time there. Seward and Chase make daily visitations to Stanton, sometimes two or three times daily. I have not the time, nor do I want the privilege, though I doubtless could have it for Stanton treats me respectfully and with as much confidence as he does any one when I approach him, except Seward. But I cannot run to the War Department and pay court in order to obtain information that should be given. Chase does this, complains because he is compelled to do it, and then, when not bluffed, becomes reconciled. To-day he expressed great disgust towards Halleck; says Halleck has done nothing while the Rebels were concentrating, has sent no reinforcements to Rosecrans and did not propose to send any. Those that had gone were ordered by Stanton. Halleck, he said, was good for nothing, and everybody knew it but the President.

A large delegation of extreme party men is here from Missouri to see the President and Cabinet. So intense and fierce in their party animosities, that they would, if in their power, be more revengeful — inflict greater injury — on those Republicans, friends of the Administration, who do not conform to their extreme radical and fanatical views than on the Rebels in the field. The hate and narrow partisanship exhibited in many of the States, when there should be some forbearance, some tolerance, some spirit of kindness, are among the saddest features of the times.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 447-8

Speech of Senator Charles Sumner in the United States Senate, December 18, 1861

Some days ago I called the attention of the Senate to abuses in Missouri with reference to fugitive slaves. Since then I have received a great many communications from that State showing very great interest in the question, some of them in the nature of protest against the system which has been adopted there. One of these purports to come from a slave owner, himself educated in a slave State, and he speaks with great bitterness of the indignity that has been put upon the Army there, and of the injury that it has done to the cause of the Union. Another letter from another person contains a passage which I shall read:

“I wish to say in addition that I have lived twenty-four years in Missouri, that I know the people well, have served them in various offices, and let me assure you it is nonsense to try to save Missouri to the Union and the institution of slavery also. We must give up one or the other. Slavery ought to fall and Missouri be saved. Frémont's army struck terror into the secessionists. He made them feel it by taking their goods and chattels. Let our armies proclaim freedom to the slaves of the secessionists, and the rebellion will soon close. We can take care of the free negroes at a future day. Give General Lane ten thousand men, and he would establish peace in Missouri in thirty days.”

But, sir, my especial object now is not to call attention to this abuse in Missouri, but to call attention to this abuse here near at home. Brigadier General Stone, the well-known commander at Ball's Bluff, is now adding to his achievements there by engaging ably and actively in the work of surrendering fugitive slaves. He does this, sir, most successfully. He is victorious when the simple question is whether a fugitive slave shall be surrendered to a rebel.

Sir, besides my general interest in this question, besides my interest in the honor of the national Army, I have a special interest at this moment because Brigadier General Stone has seen fit to impose this vile and unconstitutional duty upon Massachusetts troops. The Governor of my State has charged me with a communication to the Secretary of War on this subject, complaining of this outrage, treating it as an indignity to the men, and as an act unworthy of our national flag. I agree with the Governor of Massachusetts; and when I call attention to this abuse now, I make myself his representative, as also the representative of my own opinions.

But there are others besides the Governor of Massachusetts who complain. There are two German companies in one of the Massachusetts regiments who, when they enlisted, entered into the public service with the positive understanding that they should not be put to any such discreditable and unconstitutional service. Sir, they complain, and with them their own immediate fellow-citizens at home, the German population generally throughout the country.

Nor is this all. The complaint extends to other quarters. I have here a letter from a citizen of Philadelphia, from which I shall read a short extract. The writer says:

“I have but one son, and he fought at Ball's Bluff, in the California regiment, where his bravery brought him into notice. He escaped, wounded, after dark. He protests against being made to return fugitive slaves, and if ordered to that duty will refuse obedience and take the consequences. I ask, sir, shall our sons, who are offering their lives for the preservation of our institutions, be degraded to slave-catchers for any persons, loyal or disloyal? If such is the policy of the Government, I shall urge my son to shed no more blood for its preservation.”

With these communications which I have received, some of an official character and others of a private character, I have felt that I should not do my duty if I did not call the attention of the Senate to this outrage. It must be arrested. I am glad to know that my friend and colleague, the chairman of the Committee on Military Affairs, promises us at once a bill to meet this grievance. It ought to be introduced promptly, and to be passed at once. Our troops ought to be saved from this shame.

SOURCE: John C. Rives, The Congressional Globe: Containing the Debates and Proceedings of the Second Session of the Thirty-Seventh Congress, p. 130

The Confederate Sequestration Act, August 30, 1861

AN ACT for the sequestration of the estates, property, and effects of alien enemies, and for the indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States.

Whereas, the Government and people of the United States have departed from the usages of civilized warfare in confiscating and destroying the property of the people of the Confederate States of all kinds, whether used for military purposes or not; and

Whereas, our only protection against such wrongs is to be found in such measures of retaliation as will ultimately indemnify our own citizens for their losses, and restrain the wanton excesses of our enemies: Therefore,

Be it enacted by the Congress of the Confederate States of America, That all and every the lands, tenements and hereditaments, goods and chattels, rights and credits within these Confederate States, and every right and interest therein held, owned, possessed, or enjoyed by or for any alien enemy since the twenty-first day of May, one thousand eight hundred and sixty-one, except such debts due to an alien enemy as may have been paid into the treasury of any one of the Confederate States prior to the passage of this law, be, and the same are hereby, sequestrated by the Confederate States of America, and shall be held for the full indemnity of any true and loyal citizen or resident of these Confederate States, or other person aiding said Confederate States in the prosecution of the present war between said Confederate States and the United States of America, and for which he may suffer any loss or injury under the act of the United States to which this act is retaliatory, or under any other act of the United States, or of any State thereof authorizing the seizure, condemnation, or confiscation of the property of citizens or residents of the Confederate States, or other person aiding said Confederate States, and the same shall be seized and disposed of as provided for in this act: Provided, however, When the estate, property, or rights to be affected by this act were, or are, within some State of this Confederacy, which has become such since said twenty-first day of May, then this act shall operate upon and as to such estate, property, or rights, and all persons claiming the same from and after the day such State so became a member of this Confederacy, and not before: Provided further, That the provisions of the act shall not extend to the stocks or other public securities of the Confederate Government, or of any of the States of this Confederacy held or owned by any alien enemy, or to any debt, obligation, or sum due from the Confederate Government, or any of the States, to such alien enemy: And provided also, That the provisions of this act shall not embrace the property of citizens or residents of either of the States of Delaware, Maryland, Kentucky, or Missouri, or of the District of Columbia, or the Territories of New Mexico, Arizona, or the Indian Territory south of Kansas, except such of said citizens or residents as shall commit actual hostilities against the Confederate States, or aid and abet the United States in the existing war against the Confederate States.

SEC. 2. And be it further enacted, That it is, and shall be, the duty of each and every citizen of these Confederate States speedily to give information to the officers charged with the execution of this law of any and every lands, tenements and hereditaments, goods and chattels, rights and credits within this Confederacy, and of every right and interest therein held, owned, possessed, or enjoyed by or for any alien enemy as aforesaid.

SEC. 3. Be it further enacted, That it shall be the duty of every attorney, agent, former partner, trustee, or other person holding or controlling any such lands, tenements or hereditaments, goods or chattels, rights or credits, or any interest therein of or for any such alien enemy, speedily to inform the receiver, hereinafter provided to be appointed, of the same and to render an account thereof, and so far as is practicable to place the same in the hands of such receiver; whereupon such persons shall be fully acquitted of all responsibility for property and effects so reported and turned over. And any such person willfully failing to give such information and render such account shall be guilty of a high misdemeanor, and upon indictment and conviction shall be fined in a sum not exceeding $5,000 and imprisoned not longer than six months, said fine and imprisonment to be determined by the court trying the case, and shall further be liable to be sued by said Confederate States and subjected to pay double the value of the estate, property, or effects of the alien enemy held by him or subject to his control.

SEC. 4. It shall be the duty of the several judges of this Confederacy to give this act specially in charge to the grand juries of these Confederate States, and it shall be their duty at each sitting well and truly to inquire and report all lands, tenements and hereditaments, goods and chattels, rights and credits, and every interest therein within the jurisdiction of said grand jury held by or for any alien enemy, and it shall be the duty of the several receivers, appointed under this act, to take a copy of such report and to proceed in obtaining the possession and control of all such property and effects reported and to institute proceedings for the sequestration thereof in the manner hereinafter provided.

SEC. 5. Be it further enacted, That each judge of this Confederacy shall as early as practicable appoint a receiver for each section of the State for which he holds a court, and shall require him before entering upon the duties of his office to give a bond in such penalty as may be prescribed by the judge, with good and sufficient security, to be approved by the judge, conditioned that he will diligently and faithfully discharge the duties imposed upon him by law. And said officer shall hold his office at the pleasure of the judge of the district or section for which he is appointed, and shall be removed for incompetency, or inefficiency, or infidelity in the discharge of his trust And should the duties of any such receiver at any time appear to the judge to be greater than can be efficiently performed by him, then it shall be the duty of the judge to divide the district or section into one or more other receivers' districts, according to the necessities of the ease, and to appoint a receiver for each of said newly created districts. And every such receiver shall also, before entering upon the duties of his office, make oath in writing before the judge of the district or section for which he is appointed, diligently, well, and truly to execute the duties of his office.

SEC. 6. Be it further enacted, That it shall be the duty of the several receivers aforesaid to take the possession, control, and management of all lands, tenements and hereditaments, goods and chattels, rights and credits of each and every alien enemy within the section for which he acts. And to this end he is empowered and required, whenever necessary for accomplishing the purposes of this act, to sue for and recover the same in the name of said Confederate States, allowing, in the recovery of credits, such delays as may have been, or may be, prescribed in any State as to the collection of debts therein during the war. And the form and mode of action, whether the matter be of jurisdiction in law or equity, shall be by petition to the court, setting forth, as best he can, the estate, property, right, or thing sought to be recovered, with the name of the person holding, exercising supervision over, in possession of, or controlling the same, as the case may be, and praying a sequestration thereof. Notice shall thereupon be forthwith issued by the clerk of the court, or by the receiver, to such person, with a copy of the petition, and the same shall be served by the marshal or his deputy and returned to the court as other mesne process in law cases; whereupon the cause shall be docketed and stand for trial in the court according to the usual course of its business, and the court or judge shall at any time make all orders of seizure that may seem necessary to secure the subject-matter of the suit from danger of loss, injury, destruction, or waste, and may, pending the cause, make orders of sale in cases that may seem to such judge or court necessary to preserve any property sued for from perishing or waste: Provided, That in any case when the Confederate judge shall find it to be consistent with the safe-keeping of the property so sequestered to leave the same in the hands and under the control of any debtor or person in whose hands the real estate and slaves were seized, who may be in possession of the said property or credits, he shall order the same to remain in the hands and under the control of said debtor or person in whose hands the real estate and slaves were seized, requiring in every such ease such security for the safe-keeping of the property and credits as he may deem sufficient for the purpose aforesaid, and to abide by such further orders as the court may make in the premises. But this proviso shall not apply to bank or other corporation stock, or dividends due, or which may be due thereon, or to rents on real estate in cities. And no debtor or other person shall be entitled to the benefit of this proviso unless he has first paid into the hands of the receiver all interests or net profits which may have accrued since the twenty-first of May, eighteen hundred and sixty-one; and in all cases coming under this proviso, such debtor shall be bound to pay over annually to the receiver all interest which may accrue as the same falls due; and the person in whose hands any other property may be left shall be bound to account for, and pay over annually to the receiver, the net income or profits of said property, and on failure of such debtor or other person to pay over such interest, net income, or profits as the same falls due, the receiver may demand and recover the debt or property. And wherever, after ten days' notice to any debtor or person in whose hands property or debts may be left, of all application for further security, it shall be made to appear to the satisfaction of the court that the securities of such debtor or person are not ample, the court may, on the failure of the party to give sufficient additional security, render judgment against all the parties on the bond for the recovery of the debt or property: Provided further, That said court may, whenever, in the opinion of the judge thereof, the public exigencies may require it, order the money due as aforesaid to be demanded by the receiver, and if upon demand of the receiver, made in conformity to a decretal order of the court requiring said receiver to collect any debts for the payment of which security may have been given under the provisions of this act, the debtor or his security shall fail to pay the same, then upon ten days' notice to said debtor and his security, given by said receiver, of a motion to be made in said court for judgment for the amount so secured, said court, at the next term thereof, may proceed to render judgment against said principal and security, or against the party served with such notice, for the sum so secured, with interest thereon, in the name of said receiver, and to issue execution therefor.

SEC. 7. Any person in the possession and control of the subject-matter of any such suit, or claiming any interest therein, may, by order of the court, be admitted as a defendant and be allowed to defend to the extent of the interest propounded by him; but no person shall be heard in defense until he shall file a plea, verified by affidavit and signed by him, setting forth that no alien enemy has any interest in the right which he asserts, or for which he litigates, either directly or indirectly, by trust, open or secret, and that he litigates solely for himself or for some citizen of the Confederate States whom he legally represents; and when the defense is conducted for or on account of another, in whole or part, the plea shall set forth the name and residence of such other person, and the relation that the defendant bears to him in the litigation. If the cause involves matter which should be tried by a jury according to the course of the common law, the defendant shall be entitled to a jury trial. If it involves matters of equity jurisdiction the court shall proceed according to its usual mode of procedure in such cases; and the several courts of this Confederacy may from time to time establish rules of procedure under this act, not inconsistent with the act or other laws of these Confederate States.

SEC. 8. Be it further enacted, That the clerk of the court shall, at the request of the receiver, from time to time issue writs of garnishment, directed to one or more persons, commanding them to appear at the then sitting or at any future term of the court, and to answer under oath what property or effects of any alien enemy he had at the service of the process, or since has had under his possession or control belonging to or held for an alien enemy, or in what sum if any he is or was at the time of service of the garnishment, or since has been, indebted to any alien enemy; and the court shall have power to condemn the property or effects or debts, according to the answer, and to make such rules and orders for the bringing in of third persons claiming or disclosed by the answer to have an interest in the litigation as to it shall seem proper; but in no case shall any one be heard in respect thereto until he shall by sworn plea set forth substantially the matters before required of parties pleading. And the decree or judgment of the court rendered in conformity to this act shall forever protect the garnishee in respect to the matter involved. And in all cases of garnishment under this act the receiver may test the truth of the garnishee's answer by filing a statement, under oath, that he believes the answer to be untrue, specifying the particulars in which he believes the garnishee has, by omission or commission, not answered truly, whereupon the court shall cause an issue to be made between the receiver and garnishee, and judgment rendered as upon the trial of other issues. And in all cases of litigation under this act the receiver may propound interrogatories to the adverse party touching any matter involved in the litigation, a copy of which shall be served on the opposite party or his attorney, and which shall be answered under oath within thirty days of such service; and upon failure so to answer the court shall make such disposition of the cause as shall to it seem most promotive of justice, or should it deem answers to the interrogatories necessary in order to secure a discovery, the court shall imprison the party in default until full answers shall be made.

SEC. 9. It shall be the duty of the district attorney of the Confederate States diligently to prosecute all causes instituted under this act, and he shall receive as a compensation therefor 2 per cent. upon and from the fruits of all litigation instituted under this act: Provided, That no matter shall be called litigated except a defendant be admitted by the court and a proper plea be filed.

SEC. 10. Be it further enacted, That each receiver appointed under this act shall, at least every six months, and as much oftener as he may be required by the court, render a true and perfect account of all matters in his hands or under his control under the law, and shall make and state just and perfect accounts and settlements under oath of his collections of moneys and disbursements under this law, stating accounts and making settlements of all matters separately, in the same way as if he were administrator of several estates of deceased persons by separate appointments. And the settlements and decrees shall be for each case or estate separately, so that the transaction in respect to each alien enemy's property may be kept recorded and preserved separately. No settlement as above provided shall, however, be made until judgment or decree of sequestration shall have passed; but the court may at any time pending litigation require an account of matters in litigation and in the possession of the receiver, and may make such orders touching the same as shall protect the interest of the parties concerned.

SEC. 11. When the accounts of any receiver shall be filed respecting any matter which has passed sequestration, the court shall appoint a day for settlement, and notice thereof shall be published consecutively for four weeks in some newspaper near the place of holding the court, and the clerk of the court shall send a copy of such newspaper to the district attorney of the Confederate States for the court where the matter is to be heard, and it shall be the duty of said district attorney to attend the settlement and represent the Government and to see that a full, true, and just settlement is made. The several settlements preceding the final one shall be interlocutory only, and may be impeached at the final settlements, which latter shall be conclusive, unless reversed or impeached within two years for fraud.

SEC. 12. Be it further enacted, That the court having jurisdiction of the matter shall, whenever sufficient cause is shown therefor, direct the sale of any personal property, other than slaves, sequestered under this act, on such terms as to it shall seem best, and such sale shall pass the title of the person as whose property the same has been sequestered.

SEC. 13. All settlements of accounts of receivers for sequestered property shall be recorded and a copy thereof shall be forwarded by the clerk of the court to the Treasurer of the Confederate States within ten days after the decree, interlocutory or final, has been passed; and all balances found against the receiver shall by him be paid over into the court, subject to the order of the Treasurer of the Confederate States, and upon the failure of the receiver for five days to pay over the same execution shall issue therefor, and he shall be liable to attachment by the court and to suit upon his bond. And any one embezzling any money under this act shall be liable to indictment, and on conviction shall be confined at hard labor for not less than six months nor more than five years, in the discretion of the court, and fined in double the amount embezzled.

SEC. 14. Be it further enacted, That the President of the Confederate States shall, by and with the advice and consent of Congress, or of the Senate if the appointment be made under the permanent Government, appoint three discreet commissioners, learned in the law, who shall hold at the seat of Government two terms each year, upon notice given, who shall sit so long as the business before them shall require, whose duty it shall be, under such rules as they may adopt, to hear and adjudge such claims as may be brought before them by any one aiding this Confederacy in the present war against the United States, who shall allege that he has been put to loss under the act of the United States in retaliation of which this act is passed, or under any other act of the United States, or of any State thereof, authorizing the seizure, condemnation, or confiscation of the property of any citizen or resident of the Confederate States, or other person aiding said Confederate States in the present war with the United States, and the finding of such commissioners in favor of any such claim shall be prima facie evidence of the correctness of the demand, and whenever Congress shall pass the claim, the same shall be paid from any money in the Treasury derived from sequestration under this act: Provided, That said Board of Commissioners shall not continue beyond the organization of the Court of Claims provided for by the Constitution, to which Court of Claims the duties herein provided to be discharged by commissioners shall belong upon the organization of said court. The salaries of said commissioners shall be at the rate of $2,500 per annum, and shall be paid from the Treasury of the Confederacy. And it shall be the duty of the Attorney-General or his assistant to represent the interests of this Government in all cases arising under this act before said Board of Commissioners.

SEC. 15. Be it further enacted, That all expenses incurred in proceedings under this act shall be paid from the sequestered fund, and the judges, in settling accounts with receivers, shall make to them proper allowances of compensation, taking 2½ per cent. on receipts, and the same amount on expenditures, as reasonable compensation in all cases. The fees of the officers of court shall be such as are allowed by law for similar services in other cases, to be paid, however, only from the sequestered fund: Provided, That all sums realized by any receiver in one year for his services exceeding $5,000 shall be paid into the Confederate Treasury for the use of the Confederacy.

SEC. 16. Be it further enacted, That the Attorney-General shall prescribe such uniform rules of proceeding under this law, not herein otherwise provided for, as shall meet the necessities of the case.

SEC. 17. Be it further enacted, That appeals may lie from any final decision of the court under this law, in the same manner and within the same time as is now or hereafter may be by law prescribed for appeals in other civil cases.

SEC. 18. Be it further enacted, That the word “person” in this law includes all private corporations, and in all cases when corporations become parties and this law requires an oath to be made it shall be made by some officer of such corporation.

SEC. 19. Be it further enacted, That the courts are vested with jurisdiction and required by this act to settle all partnerships heretofore existing between a citizen and one who is an alien enemy; to separate the interest of the alien enemy, and to sequestrate it; and shall also sever all joint rights when an alien enemy is concerned, and sequestrate the interest of such alien enemy.

SEC. 20. Be it further enacted, That in all cases of administration of any matter or thing under this act, the court having jurisdiction may make such orders touching the preservation of the property or effects under the direction or control of the receiver, not inconsistent with the foregoing provisions, as to it shall seem proper. And the receiver may at any time ask and have the instructions of the court, or judge, respecting his conduct in the disposition or management of any property or effects under his control.

SEC. 21. That the Treasury notes of this Confederacy shall be receivable in payment of all purchases of property or effects sold under this act.

SEC. 22. Be it further enacted, That nothing in this act shall be construed to destroy or impair the lien or other rights of any creditor, a citizen or resident of either of the Confederate States, or of any other person, a citizen or resident of any country, State, or Territory with which this Confederacy is in friendship, and which person is not in actual hostility to this Confederacy. And any lien or debt claimed against any alien enemy, within the meaning of this act, shall be propounded and filed in the court in which the proceedings of sequestration are had within twelve months from the institution of such proceedings for sequestration; and the court shall cause all proper parties to be made and notices to be given, and shall hear and determine the respective rights of all parties concerned: Provided, however, That no sales or payments over of money shall be delayed for or by reason of such rights or proceedings; but any money realized by the receiver, whether paid into the court or Treasury, or still in the receiver's hands, shall stand in lieu of that which produced said money, and be held to answer the demands of the creditors aforesaid, in the same manner as that which produced such money was. And all claims not propounded and filed as aforesaid, within twelve months as aforesaid, shall cease to exist against the estate, property, or effects sequestrated, or the proceeds thereof.

Approved August 30, 1861.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series IV, Volume 1 (Serial No. 127), 586-92

Senator Charles Sumner to Governor John A. Andrew, January 26, 1861

Washington, January 26, 1861.

My Dear Andrew, — Yesterday I was with the Attorney-General,¹ an able, experienced, Northern Democratic lawyer, with the instincts of our profession on the relation of cause and effect. He drew me into his room, but there were clerks there; opening the door into another room, there were clerks there, too; and then traversing five different rooms, he found them all occupied by clerks; when, opening the door into the entry, he told me he was “surrounded by Secessionists,” who would report in an hour to the newspapers any interview between us, — that he must see me at some other time and place, — that everything was bad as could be, — that Virginia would certainly secede,—that the conspiracy there was the most wide-spread and perfect, — that all efforts to arrest it by offers of compromise, or by the circulation of Clemens's speech, were no more than that (snapping his fingers), — that Kentucky would surely follow, and Maryland, too. “Stop, Mr. Attorney,” said I, “not so fast. I agree with you to this point, — Maryland would go, except for the complication of the National Capital, which the North will hold, and also the road to it.”

Of course you will keep Massachusetts out of all these schemes. If you notice the proposition for a commission, say that it is summoned to make conditions which contemplate nothing less than surrender of cherished principles, so that she can have nothing to do with it.

My opinion has been fixed for a long time. All the Slave States will go, except Delaware, and perhaps Maryland and Missouri, — to remain with us Free States.

The mistake of many persons comes from this, — they do not see that we are in the midst of a revolution, where reason is dethroned, and passion rules instead. If this were a mere party contest, then the circulation of speeches and a few resolutions might do good. But what are such things in a revolution? As well attempt to hold a man-of-war in a tempest by a little anchor borrowed from Jamaica Pond; and this is what I told the Boston Committee with regard to their petition .

I have but one prayer: Stand firm, keep every safeguard of Human Rights on our statute-book, and save Massachusetts glorious and true.

Ever yours,

Charles Sumner.

_______________

¹ Hon. Edwin M. Stanton.

SOURCE: Charles Sumner; His Complete Works, Volume 7, p. 191-3

Diary of Gideon Welles: Saturday, August 15, 1863

Certain persons in Boston have an innate conviction that they can improve the administration of the Navy Department. They are never united among themselves as to how this is to be effected, but all are fond of criticism. They always claim that they expected this thing would fail or that would succeed after the event occurred. I must do them the justice to say, however, that with all their grumbling and faultfinding they have generally given me a fair support. In special cases, where I have been lectured, I have invariably found there was an axe to grind, a purpose to be accomplished. Some one, or more, important personage has had suggestions to make, and for a consideration — never omitting that — would consent to help along the work of putting down the Rebellion. These have been the captious ones.

A man by the name of Weld has written a long letter to Governor Andrew. He wants the Governor to aid the Navy Department by writing to the President to form a Naval Board in Massachusetts, with authority to build vessels, fast steamers, such as Massachusetts can build, steamers which will capture or destroy the Alabama, and allow the Massachusetts Board to commission the officers. If there is no appropriation, says good Mr. Weld, take the necessary funds from the Secret Service money. Mr. Weld informs Governor Andrew he is ready to be employed. Governor Andrew indorses over the letter. He also indorses Mr. Weld, who is, he says, one of the most eminent shipbuilders in Massachusetts, and he (Governor A.) is ready to cooperate with Mr. Weld in his patriotic suggestions, etc., etc., etc. This is Boston all over. I have had it from the beginning and periodically. The Welds, etc., from the commencement of hostilities, have prompted and promised almost anything, only requiring the Government to give them power and foot the bills.

I had to-day a very full and interesting account of the campaign and fall of Vicksburg from General F. P. Blair, who has done good service in the field and in politics also. He was a fearless pioneer in the great cause of the Union and breasted the storm in stormy Missouri with a bold front. Of the factions and feuds in St. Louis I pretend to no accurate knowledge, and am no partisan of or for either. Frank is as bold in words as in deeds, fearless in his utterances as in his fights; is uncalculating, — impolitic, it would be said, — rash, without doubt, but sincere and patriotic to the core. I detect in his conversation to-day a determination to free himself from personal and local complications, and if possible to reconcile differences. It is honorable on his part, but I apprehend he has materials to deal with that he cannot master.

G. W. Blunt came to see me. Ridicules Barney and all the government officials in New York but Wakeman. Says old General Wool made himself ridiculous in the mob difficulties. Calls him a weak old man. If weak, it is from age, for there is no one more patriotic. At eighty he was not the proper man to quell an outbreak. Blunt and others are sore over the removal of General Harvey Brown. He is earnest to have the draft go forward, but says it will be followed by incendiarism. It may be so. Blunt is ardent, impulsive, earnest, and one-sided.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 404-6

John Brown to His Family, January 11, 1859

Osawatomie, Kansas, Jan. 11, 1859.

Dear Children, All, — I have but a moment in which to tell you that I am in middling health; but have not been able to tell you as yet where to write me. This I hope will be different soon. I suppose you get Kansas news generally through the papers.¹ May God ever bless you all!

Your affectionate father,

John Brown.

______________

¹ They would thus learn that he had made his foray, and that both Governor Medary of Kansas and President Buchanan had set a price on his head. Charles Robinson's account of this foray (published twenty years later in the “Topeka Commonwealth”) is characteristic: “Brown and his heroes went over the line into Missouri, killed an old peaceable citizen, and robbed him of all the personal effects they could drive or carry away. Such proceedings caused the Free-State men to organize to drive him from the Territory; and he went to Harper's Ferry, where he displayed his wonderful generalship in committing suicide.”

SOURCE: Franklin B. Sanborn, The Life and Letters of John Brown, p. 489-90

Gerrit Smith to Franklin B. Sanborn, January 22, 1859

Peterboro’, Jan. 22, 1859.

My Dear Sir, — I have yours of the 19th. I am happy to learn that the Underground Railroad is so prosperous in Kansas. I cannot help it now, in the midst of the numberless calls upon me. But I send you twenty-five dollars, which I wish you to scud to our noble friend John Brown. Perhaps you can get some other contributions to send along with it. He is doubtless in great need of all be can get. The topography of Missouri is unfavorable. Would that a spur of the Alleghany extended from the east to the west borders of the State! Mr. Morton has not yet returned. We hope he may come to-night.

In haste, your friend,

Gerrit Smith.

P. S. Dear Theodore Parker! May Heaven preserve him to us!

SOURCE: Franklin B. Sanborn, The Life and Letters of John Brown, p. 483

John Brown to his Family, September 9, 1858

Osawatomie, Kansas, Sept . 9, 1858.

Dear Wife And Children, All, — I received Henry's letter of the 21st July a long time ago, but was too sick to answer it at the time, and have been ever since till now. I am still very weak, but gaining pretty well. I was never any more sick. I left the Missouri line about six weeks since; soon after, I was taken down. Things are now very quiet, so far as I know. What course I shall next take, I cannot tell, till I have more strength. I have learned with pain that the flour did not go on, and shall try to send you some money instead of it, so that Mr. Allen may be well paid for the barrel he lent. I can write you no more now, but I want to know how you all get along. Enclose everything to Augustus Wattles, Moneka, Linn County, Kansas, in sealed envelope, with my name only on it. God bless you all!

Your affectionate husband and father.

 [JOHN BROWN.]

SOURCE: Franklin B. Sanborn, The Life and Letters of John Brown, p. 478

John Brown to Franklin B. Sanborn et al, July 23, 1858

July 23. Since the previous date another Free-State Missourian has been over to see us, who reports great excitement on the other side of the line, and that the house of Mr. Bishop (the man who fled to us) was beset during the night after he left, but on finding he was not there they left. Yesterday a proslavery man from West Point, Missouri, came over, professing that he wanted to buy Bishop's farm. I think he was a spy. He reported all quiet on the other side. At present, along this part of the line, the Free-State men may be said, in some sense, to “possess the field;” but we deem it wise to “be on the alert.” Whether Missouri people are more excited through fear than otherwise, I am not yet prepared to judge. The blacksmith (Snyder) has got his family back; also some others have returned, and a few new settlers are coming in. Those who fled or were driven off will pretty much lose the season. Since we came here about twenty-five or thirty of Governor Denver's men have moved a little nearer to the line, I believe.

SOURCE: Franklin B. Sanborn, The Life and Letters of John Brown, p. 476

Diary of John Hay: October 7, 1864

I showed Bates the letter to-day. He said some friends of his had previously spoken to him in the same sense; that he was friendly to Grover; thought well of him as a gentlemam and a lawyer, and knew of no one whom he would sooner see appointed. That he would not take the office himself in any case. That he had earnest antagonisms in that State; he was fighting those radicals there that stood to him in the relation of enemies of law and order. “There is no such thing as an honest and patriotic American radical. Some of the transcendental, red-Republican Germans were honest enough in their moon-struck theorising; but the Americans imprudently and dishonestly arrogate to themselves the title of unconditional loyalty, when the whole spirit of the faction is contempt of, and opposition to law While the present state of things continues in Missouri, there is no need of a Court, — so says Judge Treat, and I agree with him."

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 232-3; Michael Burlingame and John R. Turner Ettlinger, Editors, Inside Lincoln’s White House: The Complete Civil War Diary of John Hay, p. 235.

1st Lieutenant Charles Wright Wills: February 9, 1862

Cape Girardeau, February 9, 1862.

I, like a good boy, wrote you a long letter yesterday, and, like a careless fellow, lost it. I told you in it how we “300” of us, left here in the p. m. of last Monday, rode all night and at daylight made a desperate charge into Bloomfield where we found and captured nothing. How a little party of 15 of our boys were surprised some eight miles beyond Bloomfield by 80 Rebels and one of them captured, one badly wounded and another's horse shot and he at last accounts running in the swamps. How the major got together his men and went out and captured some 20 of the bushwhackers and killed five and how he returned to the Cape, etc. You have read about this riding and marching all night until I expect you hardly think of its being fatiguing and somewhat wearing on the human system, etc., but allow me to assure you that it is. Novice as I am in riding, the cold and fatigue were so severe on me that I slept like a top horseback, although I rode with the advance guard all the time and through country the like of which I hope you'll never see. There is a swamp surrounding every hill and there are hills the whole way. Damn such a country. We passed, a small scouting party of us, the bones of seven Union men. They were all shot at one time. I didn't go with the party to see them. One of our guards went out with a party of nine of the 17th Infantry boys and captured some 20 secesh and brought in, in a gunny sack, the bones of five other Union men. I noticed there were no skulls and asked the guide where they were. He said that “as true as truth the secesh who murdered them had taken the skulls to use for soup bowls.” I was talking with a man to-night who had his two sons shot dead in the house by his side last week. A gang of fellows came to the house while he was eating supper and fired through between the logs. He burst open the door and escaped with but one shot in him after he saw that his sons were killed. I can hardly believe that these things are realities, although my eyes and cars bear witness. In my reading I can remember no parallel either in truth or fiction for the state of things we have in this southeastern portion of Missouri. Anyone can have his taste for the marvelous, however strong, glutted by listening to our scouts and the refugees here. I thank God from my heart that dear old Illinois knows nothing of the horrors of this war. The 17th left here yesterday for Fort Henry. The boys were very glad to start. The old 8th was there with the first. I almost wish I had stayed with her. Without bragging or prejudice I am satisfied that the 8th is the best in every respect of the whole 100 regiments I have seen and has the best colonel. Colonel Kellogg is now commanding the post and Sid. is “A. A. A. General,” and I am “A Regimental Adjutant.” My duties are light, though, and I am in tip-top health. That ride didn't hurt me at all. I can stand riding with the best of them. I suppose that Sam will be with us soon. I hope our regiment will be ordered to Kentucky. I believe I'd rather be shot there than to bushwhack around in Missouri much longer. The major and I will get along capitally. He stands fatigue equal to any of us. He and I took a ride of 30 miles alone through the swamps the other day. Send my watch the first chance you have.

SOURCE: Charles Wright Wills, Army Life of an Illinois Soldier, p. 60-1

3rd Sergeant Charles Wright Wills: November 11, 1861

Cape Girardeau, November 11, 1861.

We have just arrived here after a week's absence from any sign of civilized life. Saturday the 2d we (our company) went out six or seven miles from the Point to guard a bridge on the Cairo and Fulton Railroad. Sunday we came back to the Point, and found the tents of our regiment all struck and everything prepared for a march. By dark we were all safely stowed on the “Aleck Scott,” and also five companies of the 11th Illinois. At 10 p. m. the boat shoved out, but had to tie to all night about 10 miles up the river on account of the fog. Monday at 10 a. m. we landed at Commerce between Cape Girardeau and Cairo and stayed there all night. Up to this time we had not the most distant idea of where we were going, but here we began to guess that we were after Jeff Thompson and company. Tuesday morning we started back into the country and camped for the night on Colonel Hunter's farm, a distance of 18 miles. (I forgot to mention that the 18th and 22d Illinois with three companies, cavalry and two pieces artillery joined us before we started from Commerce, making a total of some 2,200 men.) This Colonel Hunter is in the Rebel Army When we stopped at his farm there was a large flock of sheep, at least 40 goats and pigs, turkey, geese, chickens and ducks without number. After we had been there a half hour I don't believe there was a living thing on the farm that did not come with our train. I never saw a slaughterhouse on as large a scale before. The next day the boys made an awful uproar on the road, playing that the sheep, hogs, geese, etc., inside of them were calling for their comrades. Wednesday night we stopped at Little Water River and the slaughtering commenced immediately. All along the road up to this place every horse or mule that showed himself was gobbled instanter, a bridle cramped, and some footman made happy. It was hard to tell whether our force was infantry or cavalry that night. This was too much for the colonel, so next morning he drew the brigade up in column of company and gave us fits. He made the men turn every horse loose; told us that the next man that cramped anything without permission would be dealt with as severely as the regulations would allow. That suited me. I never have been disgusted with soldiering save in those two days, and I tell you that I did then feel like deserting. When we are marching through a country as thoroughly secesh as this is, I think that the men should be allowed fresh meat at the expense of the natives; but there is a proper and soldier-like way to get it. We can send our foraging party ahead and have all we want at camp when we halt, but to allow men to butcher everything they see is mob-like. Wednesday night Jeff's men tried to burn a bridge a short distance from us and this led to a little brush, but the cavalry only were engaged. Thursday we marched all day and went into camp at night without seeing a horse. The march was through the “Black Swamp.” The ground was covered with this black moss four inches deep and so thick that 'tis like a carpet. That was an awful gloomy road and I was glad enough to land at a nice clear stream and have orders to pitch tents. That night not a thing was pressed. The next day we got into Bloomfield about 9 a. m. and found Jeff gone. For the third time we pitched tents on one of his deserted camps. I have just now heard that we started with orders to push on down to New Madrid, but here the orders were countermanded and we were started to Cape Girardeau. This Bloomfield is a rank Rebel hole. The first Rebel company in Missouri was raised here. It is the county seat of Stoddard or Scott, and a very fine place. Here the boys got the understanding that we were to be allowed some liberties and take them they did. They broke open four or five stores whose owners had left, and helped themselves. Colonel Dick (Oglesby) thought this was going too far, so he stopped it and sent a police force around to collect the stolen (pressed rather) property. I walked around and took a look at the pile they collected. There were lots of women's bonnets, girl's hats, mallets, jars of medicine, looking glasses three feet long, boys' boots, flat irons, a nice side table and I don't know what wasn't there. It beat anything I ever saw. The men had no way to carry these things but on their backs, and what the devil they stole them for is more than I know. Well, the colonel divided the stuff out again among the men, but stopped stealing entirely for the future. We have been a respectable regiment since then. On the march back to the Cape, the 10th Iowa was ahead of us and they fired several houses. We (our regiment) saved one of the houses but the rest burned down. The march back to the Cape was a fast one but quiet. We arrested some 20 or 30 of Jeff's men but released them all again. At Bloomfield my tent was pitched under a tree on which we saw the marks of three ropes to the ends of which Colonel Lowe attached three men not very long since. The ropes had cut through the moss on the tree and the marks will be visible a long time. We also arrested a number of men that had been concerned in hanging Union men through the country, At Round Pond an intelligent man told us that 17 men (Union) had been hung and shot inside of three days and he saw their bodies in one pile lying in the woods. We have marched over 100 miles this trip, and we have not seen a mile of prairie. I haven't been 20 feet from a tree for three months. The 17th are going into winter quarters here. Our regiment will certainly be in the next fight at Columbus. We start back to the Point at 3 to-morrow morning.

SOURCE: Charles Wright Wills, Army Life of an Illinois Soldier, p. 39-42

Private Charles Wright Wills: Late September 1861

Norfolk [date torn off.]

The colonel talks some to-night about a forward movement, and two regiments have come across the river from the Kentucky side this evening, the Iowa 2d and 7th. The 17th are still opposite us and I have seen none of them yet. Our cavalry scouts are fighting now more or less every day. Yesterday a party of the Iowa 7th were out hunting bushwhackers when they were attacked by a company of horsemen of whom they killed four. One of our men was shot while returning from a scout. They routed the enemy but came back and reported four of their men missing, but the lost four have all come in to-day. Our men think they finished a couple at least but 'tis questionable. We are all again bored to death with lying still, but patience and we'll get what we want in time. We have the report here to-day that Colonel Mulligan has capitulated to Price, Jackson & Co. at Lexington. This, if true, will certainly retard our movement down the Mississippi. I'm getting perfectly indifferent about Fremont's being superseded or as to who has the command. It seems to me that none of our commanders are doing anything. With at least 75,000 troops at Paducah, Cairo and in Missouri to allow the gallant Mulligan to be forced to surrender is perfectly shameful. It's disheartening to a soldier, I tell you. Let them go on, if this war goes against us 'twill be the fault of our commanders and not of the men, sure. Yesterday information was brought our colonel that a battery was in course of erection on the Kentucky shore six miles below us. We were put on steamboats 2,000 or 2,500 strong and preceded by two gunboats scooted down, when within a mile of the place our regiment was landed and we marched down but of course found no battery.

SOURCE: Charles Wright Wills, Army Life of an Illinois Soldier, p. 32-3

Diary of Private Charles Wright Wills: June 23, 1861

Cairo. Camp is very dull now, and we are more closely confined in it than ever. Not a soldier goes out now except in company with a commissioned officer or on a pass from the general. The latter not one in a thousand can get and the former maybe one in five hundred.

We have no drilling now between 8 a. m. and 7 p. m. on account of the heat; so we have plenty of spare time. If I only had some good books! But I can't send for them now for our colonel keeps us about half excited all the time with a prospect of a move. He says we have two chances: First, if General McClellan suffers anything like a serious repulse in Western Virginia, our whole brigade will move out on two hours' notice. Second, if any reliable reports come of Arkansas troops moving into Missouri, we will double quick over the river and leave the Point to some other troops. The last is the most likely chance. A thousand of our boys went off on the “City of Alton” at dark last night. We don't know where to, but 'tis rumored that they went up the Mississippi 25 miles and then marched back into Missouri 30 miles to intercept a train of wagons loaded with provisions going south. The colonel made them a speech; told them they were sure to have a brush and asked them if they would sustain the credit of the 8th. You should have heard them shout! Only two companies went from our regiment under Lieutenant Colonel Rhoads. The Battallion was under Colonel Morgan. The three year question causes more excitement than every thing else now. Nearly our whole company will go. The most worthless fellows are the ones that will go home. I feel as if my place is here. I know I could not content myself at home, and if I could, every young man with no one depending upon him is needed in the army more than anywhere else. I know I have your approval in this resolve, but I would like to have you tell me so. The Americans in our company think some of seceding, filling up from home with American boys and letting the Dutch now in the company paddle their own canoe. I wonder if we could not get a dozen good strong fellows from Canton. We don't want any poorer men than I am, for we are going to make a crack company.

SOURCE: Charles Wright Wills, Army Life of an Illinois Soldier, p. 19-20

Diary of Private Charles Wright Wills: May 11, 1861

Camp Defiance. We have been seeing and feeling the roughest side of camp life, ever since my last. Rain in double-headed torrents; lightning that will kill easily at five miles; thundering thunder; and wind from away back. But the mud dries like water on a hot brick, and six hours sun makes our parade ground fit for drill. Afternoon when the sun is out its hot enough to scorch a phoenix; yesterday we drilled from 1 to 3. I was almost crisped, and some of the boys poured a pint of grease out of each boot after we finished. Up to 10 last night when I went to sleep it was still boiling, but at five this morning, when we got up, we shivered in coat, vest and blankets. Bully climate! And then the way that the rain patters down through the roof, now on your neck; move a little and spat it goes, right into your ear, and the more you try to get away from it the more you get, until disgusted, you sit up and see a hundred chaps in the same position. A good deal of laughing, mixed with a few swears follows, and then we wrap our heads in the blankets, straighten out, “let her rip.” I never was in better health, have gained four pounds since we started, and feel stronger and more lively than I have for a coon's age. Health generally excellent in our company, because we are all careful. There has not been a fight yet in the whole camp. A man was shot dead last night by one of the guards by accident. We have a fellow in the guardhouse whom we arrested a couple of days since as a spy. He is almost crazy with fear for his future. His wife is here and has seen him. His trial comes off this p. m. We all hope that he will be hung, for he laid forty lashes on the back of a man down south a few weeks since, who is now a volunteer in our camp. The boys would hang him in a minute but for the officers.

The news of the fuss in St. Louis has just reached us. We suppose it will send Missouri kiting out of the Union. General Prentiss has some information (don't know what it is) that makes our officers inspect our arms often and carefully. I know that he expects a devil of a time here shortly, and preparations of all kinds are making for it .

The boys are just now having a big time over a letter in the Transcript of the 10th, signed W. K. G. Of course it is a bundle of lies. We have given nine groans and three tiger tails for the writer W. K. G. A man just from Mobile is in camp now. He landed this morning. He took off his shirt and showed a back that bore marks of 30 strokes. They laid him across a wooden bench and beat him with a paling. His back looks harder than any one I ever saw. He says that nine men were hung the day before he left, good citizens, and men whose only crime was loyalty to the United States Government. They would not volunteer under the snake flag. He reports 1,500 men at Memphis, a few at Columbus, only 50 at Mobile, and none worth mentioning at other points. A man has been here this morning from 20 miles up the river In Missouri. He wants arms for four companies of Union men that have formed there, and who are expecting an attack from the secessionists. The Union men have but 20 shotguns now. A boat came up yesterday crowded with passengers. Looked as though she might have a thousand on her. All Northerners.

One of the boys has just come in with a report that there are “to a dead certainty” 5,000 men now at Columbus (20 miles below) who have just arrived this morning. They are after Cairo. The boys are all rumor proof, though, and the above didn’t get a comment. One of the boys has just expressed my feelings by saying: “I don't believe anything, only that Cairo is a damned mud hole.” I have not stood guard yet a minute. Have been on fatigue duty is the reason. A general order was given last night for every man to bathe at least twice a week. Most of us do it every day. The Ohio is warm enough and I swim every night now. There were over 2,000 of us in at once last night. We had a candy pulling this p. m. There was an extra gallon in to-day's rations, and we boiled it and had a gay time. Our company is, I believe, the orderly one here. We have lots of beer sent us from Peoria, and drink a half barrel a day while it lasts. (Do those two statements tally?)

SOURCE: Charles Wright Wills, Army Life of an Illinois Soldier, p. 11-13

Diary of John Hay: December 13, 1863

The President, speaking to-day about Missouri matters, said he had heard some things of Schofield which had very much displeased him: — That while Washburne was in Missouri, he saw or thought he saw that Schofield was working rather energetically in the politics of the State, and that he approached Schofield and proposed that he should use his influence to harmonize the conflicting elements so as to elect one of each wing, Gratz Brown and Henderson. Schofield’s reply was that he would not consent to the election of Gratz Brown.

Again when Gratz Brown was about coming to Washington, he sent a friend to Schofiled to say that he would not oppose his confirmation, if he (S.) would, so far as his influence extended, agree to a Convention of Missouri to make necessary alterations in her State Constitution. Schofield’s reply, as reported by Brown to the President was that he would not consent to a State Convention. These things, the President says, are obviously transcendent of his instructions and must not be permitted. He has sent for Schofiled to come to Washington and explain these grave matters.

The President is inclined to put Rosecrans in Schofield’s place, and to give to Gen. Curtis the Department of Kansas. But Halleck and Stanton stand in his way, and he has to use the strong hand so often with those impractical gentlemen that he avoids it when he can.

To-night Hackett arrived and spent the evening with the President. The conversation at first took a professional turn, the President showing a very intimate knowledge of those plays of Shakespeare where Falstaff figures. He was particularly anxious to know why one of the best scenes in the play — that where Falstaff and Prince Hal alternately assume the character of the king — is omitted in the representation. Hackett says it is admirable to read, but ineffective on stage; — that there is generally nothing sufficiently distinctive about the actor who plays Henry to make an imitation striking.

Hackett plays with stuffing of india-rubber; — says Shakespeare refers to it when he says: “How now! blown Jack!” Hackett is a very amusing and garrulous talker. He had some good reminiscences of Houston, Crockett (the former he admires, the latter he thinks a dull man), McCarty and Prentiss. . . .

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 139-40; For the whole diary entry see Tyler Dennett, Editor, Lincoln and the Civil War in the Diaries and letters of John Hay, p. 137-9.

Diary of John Hay: December 10, 1863

. . . . Sumner speaks of the Message with great gratification. It satisfies his idea of proper reconstruction without insisting on the adoption of his peculiar theories. The President repeated, what he has often said before, that there is no essential contest between loyal men on this subject, if they consider it reasonably. The only question is: — Who constitute the State? When that it is decided, the solution of subsequent questions is easy.

He says that he wrote in the Message originally that he considered the discussion as to whether a State has been at any time out of the Union, as vain and profitless. We know that they were — we trust they shall be — in the Union. It does not greatly matter whether, in the meantime, they shall be considered to have been in or out. But he afterwards considered that the 4th Section, 4th Article of the Constitution, empowers him to grant protection to States in the Union, and it will not do ever to admit that these States have at any time been out. So he erased that sentence as possibly suggestive of evil. He preferred, he said, to stand firmly based on the Constitution rather than work in the air.

Talking about the Missouri matter, he said these radical men have in them the stuff which must save the State, and on which we must mainly rely. They are absolutely uncorrosive by the virus of secession. It cannot touch or taint them. While the conservatives, in casting about for votes to carry through their plans, are tempted to affiliate with those whose record is not clear. If one side must be crushed out and the other cherished, there could be no doubt which side we would choose as fuller of hope for the future. We would have to side with the radicals.

“But just there is where their wrong begins. They insist that I shall hold and treat Governor Gamble and his supporters — men appointed by loyal people of Mo. as rep’^s of Mo. loyalty, and who have done their whole duty in the war faithfully and promptly, — who, even when they have disagreed with me, have been silent and kept about the good work, — that I shall treat these men as copperheads and ruinous to the Government. This is simply monstrous.”

“I talked to these people in this way, when they came to me this fall. I saw that their attack on

Gamble was malicious. They moved against him by flank attacks from different sides of the same question. They accused him of enlisting rebel soldiers among the enrolled militia; and of exempting all the rebels, and forcing Union men to do the duty; all this in the blindness of passion. I told them they were endangering the election of Senators; that I thought their duty was to elect Henderson and Gratz Brown;and nothing has happened in our politics which has pleased me more than that incident.”

He spoke of the newborn fury of some of these men, — of Drake stumping against Rollins in '56 on the ground that Rollins was an abolitionist; — of ci-devant rebels coming here in the radical Convention. Not that he objected; he was glad of it; but fair play! let not the pot make injurious reference to the black base of the kettle; he was in favor of short statutes of limitations.

In reply to a remark of Arnold’s about the improved condition of things in Kentucky, and the necessity of still greater improvement, and the good disposition of the Kentucky congressmen, the President said he had for a long time been aware that the Kentuckians were not regarding in good faith the Proclamation of Emancipation and the laws of Congress, but were treating as slaves the escaped freedmen from Alabama and Mississippi; that this must be ended as soon as his hands grew a little less full. . . . .

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 135-8; For the whole diary entry see Tyler Dennett, Editor, Lincoln and the Civil War in the Diaries and letters of John Hay, p. 134-7.

Diary of John Hay: November 2, 1863

The President says Butler has been tendered Foster’s department, while Foster goes to relieve Burnside, who resigns. It is not yet known whether Butler will accept.

I asked about Rosecrans. The President says he sees no immediate prospect of assigning him to command; — that he had thought, when the trouble and row of this election in Missouri is over, and the matter will not be misconstrued, of sending Rosecrans to Missouri and Schofield into the field. He says that it was because of Grant’s  opposition that Rosecrans is not in the Army of the Cumberland. When it was decided to place Grant in command of the whole Military Division, two sets of orders were made out, one contemplating Rosecrans’s retention of the command of his own army, and the other his relief. Grant was to determine the question for himself. He said at once that he preferred Rosecrans should be relieved, — that he (Rosecrans) never would obey orders. This consideration of course involves a doubt as to whether Rosecrans should be placed in command of a district from which Grant must, to a certain extent, derive supplies and reinforcements on occasion.

To-night Schenck sent for copies of the correspondence between the President and Bradford. The Tycoon came into my room with the despatch in his hands, clad in an overcoat, pure and simple, reaching to his knees, and sleepily fumbled for the papers in his desk till he found them, and travelled back to bed. . . .

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 117-8; For the whole diary entry see Tyler Dennett, Editor, Lincoln and the Civil War in the Diaries and letters of John Hay, p. 114-5.

Diary of John Hay: October 28, 1863

The President to-day wrote a letter to Schofield in relation to his alleged army of returned rebels in Missouri. . . . The President added: — “I believe, after all, those radicals will carry the State, and I do not object to it. They are nearer to me than the other side, in thought and sentiment, though bitterly hostile personally. They are utterly lawless — the unhandiest devils in the world to deal with — but after all, their faces are set Zionwards.” . . .

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 112; For the whole diary entry see Tyler Dennett, Editor, Lincoln and the Civil War in the Diaries and letters of John Hay, p. 108