Diary of John Beauchamp Jones: December 11, 1862

Gen. Lee dispatched this morning early that the enemy were constructing three pontoon bridges, and that firing had commenced on both sides. At nine o'clock A.M. the firing increased, and Gen Lee dispatched for ammunition, looking to the contingency of a prolonged battle.

At three P.M., Gen. Lee says, the enemy had been repulsed in two of their attempts to throw bridges over the river; but the third attempt would probably succeed, as it was under cover of batteries which commanded the river, and where his sharpshooters could not reach the workmen. But, he says, his batteries command the plain where the enemy must debouch. We may speedily hear of a most sanguinary conflict.

Burnside must have greatly superior numbers, or else he is a great fool to precipitate his men into a plain, where every Southern soldier is prepared to die, in the event of failure to conquer! There is no trepidation here; on the contrary, a settled calm on the faces of the people, which might be mistaken for indifference. They are confident of the success of Lee, and really seem apprehensive that Burnside will not come over and fight him in a decisive battle. We shall soon see, now, of what stuff Burnside and his army are made. I feel some anxiety; because the destruction of our little army on the Rappahannock might be the fall of Richmond.

It is rumored that the President started two days ago for the West — Tennessee and Mississippi. No papers have been sent in by him since Tuesday, and it may be true. If so, he means to return speedily. I think we shall soon have news from the lower James River.

A letter from the Governor of Alabama calls urgently for heavy guns, and a reserve force, for the defense of Mobile.

Major Hause, the government's agent in Europe, has purchased, up to this time, 157,000 stand of arms, besides many cannon, much ammunition, quartermaster's stores, etc. A portion was lost in transitu, however, but not a large amount. Besides the large sums he has expended, he has obtained credit to the extent of $6,000,000!

They are calling for a guard at Petersburg against incendiaries. A factory was burned the other night. This is bad.

Scully and Lewis, condemned to die as spies, have been pardoned by the President, and are to be sent North.

Another dispatch from Gen. Lee, dated 3½ P.M., says the enemy has nearly completed his bridge, and will probably commence crossing this evening or in the morning. The bulletin boards in the city purport to give intelligence of the passage having been effected in part; but I do not see how the editors could have obtained their information.

At 6 P.M., passengers by the Fredericksburg train (which left, at 1 P.M.) report the shelling of the town, and a great battle in progress on this side of the river. I doubt both; and I saw but one excited man (a Jew) who said he was in Fredericksburg when the shelling began. I do not believe it. The cars were not within four miles of the town, and perhaps merely conjectured the cannonading they heard to be directed at the town. There were no ladies or children in the cars. But doubtless the enemy will cross the river, and there will be a battle, which must result in a great mortality.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 209-11

Diary of John Beauchamp Jones: November 23, 1862

The cars which came in from the North last night brought a great many women, children, and negroes from Fredericksburg and its vicinity. The benevolent and patriotic citizens here had, I believe, made some provision for their accommodation. But the enemy had not yet shelled the town.

There is a rumor that Jackson was to appear somewhere in the rear of the enemy, and that the Federal stores which could not be moved with the army had been burnt at Manassas.

Yesterday the President remitted the sentence of a poor lad, sentenced to ball-and-chain for six months, for cowardice, etc. He had endured the penalty three months. I like this act, for the boy had enlisted without the consent of his parents, and was only sixteen years of age.

J. R. Anderson & Co. (having drawn $500,000 recently on the contract) have failed to furnish armor for the gun-boats — the excuse being that iron could not be had for their rolling-mills. The President has ordered the Secretaries of the Navy and War to consult on the propriety of taking railroad iron, on certain tracks, for that purpose.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 195

Diary of Corporal Charles H. Lynch: February 21, 1865

Snow melting very fast. Must wade through the wet snow. Orders to fall in and to report at Bolivar Heights, near Harper's Ferry, a march of about four miles. When we arrived we were surprised to learn that we must witness the execution of two deserters. Strange that we must march so far to witness such a sad thing. Just before all things were ready, and in the nick of time, a pardon was received from President Lincoln. When it became known that a pardon was received there were a few faint cheers from some of the boys. For my part I was thankful that I did not have to witness the execution. Returned to camp late this afternoon.

SOURCE: Charles H. Lynch, The Civil War Diary, 1862-1865, of Charles H. Lynch 18th Conn. Vol's, p. 141

Diary of John Beauchamp Jones: October 4, 1862

A splendid aurora borealis last night.

Yesterday, most of the delegation in Congress from Kentucky and Tennessee petitioned the President to order Gen. Breckinridge, at Knoxville, to march to the relief of Nashville, and expel the enemy, without waiting for orders from Gen. Bragg, now in Kentucky. The President considers this an extraordinary request, and will not, I suppose, grant it.

It is said Gen. Lee is advancing against Gen. McClellan at Martinsburg. If Lee attacks him, and beats him, he will probably be ruined, for the Potomac will be in his rear.

The enemy's paper, printed at Nashville, thinks Bragg has taken Louisville. I hope so. I think we shall get Nashville soon.

Gen. Butler, the Yankee commander in New Orleans, has issued an order to all the inhabitants of that city, sympathizing with the Southern Confederacy, to present themselves immediately, and take the oath of allegiance, when they will be recommended for pardon. If they do not comply with the order, they will be arrested by his police, cast into prison, and their property confiscated. These are the orders which rally our men and make them fight like heroes. How many Yankees will bleed and die in consequence of this order? And Lincoln's Emancipation Proclamation will seal the doom of one hundred thousand of his own people!

A letter from Gen. Lee, dated October 1st, says that McClellan has not crossed the Potomac. Some of his scouts have been at Martinsburg, or in its vicinity. It is not to be supposed that Lee can be, amused by McClellan, while a force of any magnitude is sent against Richmond. Some fear this, but I don't.

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 163-4

Francis Lieber to Senator Charles Sumner, August 4, 1865

New York, August 4, 1865.

I should have been in favor of strict justice, that is, death, for the worst, — not from revenge, but distinctly to stamp treason as treason, which has never yet been done in the United States, while in our country it is treason indeed. In fact, treason here is like those infamous conspiracies in the Middle Ages, of some bloodthirsty nobles — on a vast scale. But all this is out of the question. As to exile, we must not forget that we can only get at it by way of conditional pardon, not by a law; whence arises immediately the difficulty, what will you do with the traitors who do not apply for pardon, or who decline accepting it? In European countries, at least I believe in all European countries, a pardon is an official act – which the culprit cannot decline if he desires it. It is there as authoritative an act as the verdict of guilty. It has been decided differently in the United States, because, it is said, it implies an acknowledgment of guilt. Of course the matter would be still very difficult in case of death, for suppose a man sentenced to be hanged would not accept of pardon, he could not be executed. Be this as it may, in the present case of traitors, pardon cannot be forced upon a man. Now what is to be done with men of the worst kind who do not apply for pardon, like Hunter, and who decline your pardon on condition of exile? This is the only difficulty I see, and a very great one it seems to me. What if Mason and Slidell should quietly return and defy the Government? I really wish some six patriotic, calm, deep, and far-seeing men — some thorough lawyers, some statesmen, and judicious, plain citizens — could hold a consultation.

SOURCE: Thomas Sergeant Perry, Editor, The Life and Letters of Francis Lieber, p. 358

Francis Lieber to Senator Charles Sumner, April 4, 1865

New York, April 4,1865.

How do you feel now? was the constant question yesterday in the street, in the clubs, in the dwellings of the people, and I cannot help asking you the same question, even though the answer be known to me. I am sure the breaking up of the conspiracy, and settling some sort of order, — in short, the military action, will occupy us fully a year yet. In the mean time the question of admission comes nearer and nearer. Had we adopted the Amendment there would have been little difficulty, I take it. By a State-rebellion the States went out; by State-revolution, against the temporary de facto government, they might come back. But shall Virginia be readmitted “in thirty days,” as is intimated in the papers? A fine thing it would be! Vestigia nulla retrorsum was John Hampden's motto; let it be ours. Not a step backward. No slavery, no plenary pardon to all. It would be the ruin of the country. I very much wish I knew how the President thinks and feels on this subject; Mr. Seward, I suppose, is altogether for eau sucrée.

SOURCE: Thomas Sergeant Perry, Editor, The Life and Letters of Francis Lieber, p. 356-7

The Confiscation Act of 1862: July 17, 1862

AN ACT to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person who shall hereafter commit the crime of treason against the United States, and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free; or, at the discretion of the court, he shall be imprisoned for not less than five years and fined not less than $10,000, and all his slaves, if any, shall be declared and made free; said fine shall be levied and collected on any or all of the property, real and personal, excluding slaves, of which the said person so convicted was the owner at the time of committing the said crime, any sale or conveyance to the contrary notwithstanding.

SEC. 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court.

SEC. 3. And be it further enacted, That every person guilty of either of the offenses described in this act shall be forever incapable and disqualified to hold any office under the United States.

SEC. 4. And be it further enacted, That this act shall not be construed in any way to affect or alter the prosecution, conviction, or punishment of any person or persons guilty of treason against the United States before the passage of this act, unless such person is convicted under this act.

SEC. 5. And be it further enacted, That, to insure the speedy termination of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and use the same and the proceeds thereof for the support of the Army of the United States – that is to say:

First. Of any person hereafter acting as an officer of the army or navy of the rebels in arms against the Government of the United States.

Secondly. Of any person hereafter acting as President, Vice-President, member of Congress, judge of any court, cabinet officer, foreign minister, commissioner or consul of the so-called Confederate States of America.

Thirdly. Of any person acting as Governor of a State, member of a convention or Legislature, or judge of any court of any of the so-called Confederate States of America.

Fourthly. Of any person who, having held an office of honor, trust, or profit in the United States, shall hereafter hold an office in the so-called Confederate States of America.

Fifthly. Of any person hereafter holding any office or agency under the government of the so-called Confederate States of America, or under any of the several States of the said Confederacy, or the laws thereof, whether such office or agency be national, state, or municipal in its name or character: Provided, That the persons thirdly, fourthly, and fifthly above described shall have accepted their appointment or election since the date of the pretended ordinance of secession of the State, or shall have taken an oath of allegiance to, or to support the Constitution of, the so-called Confederate States.

Sixthly. Of any person who, owning property in any loyal State or Territory of the United States, or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion ; and all sales, transfers, or conveyances of any such property shall he null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

SEC. 6. And be it further enacted, That if any person within any State or Territory of the United States, other than those named, as aforesaid, after the passage of this act, being engaged in armed rebellion against the Government of the United States, or aiding or abetting such rebellion, shall not, within sixty days after public warning and proclamation duly given and made by the President of the United States, cease to aid, countenance, and abet such rebellion, and return to his allegiance to the United States, all the estate and property, money, stocks, and credits of such person shall be liable to seizure, as aforesaid, and it shall be the duty of the President to seize and use them as aforesaid or the proceeds thereof. And all sales, transfers, or conveyances of any such property after the expiration of the said sixty days from the date of such warning and proclamation shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

SEC. 7. And be it further enacted, That to secure the condemnation and sale of any of such property, after the same shall have been seized, so that it may be made available for the purpose aforesaid, proceedings in rein shall be instituted in the name of the United States in any district court thereof, or in any Territorial court or in the United States district court for the District of Columbia, within which the property above described, or any part thereof, may be found, or into which the same, if movable, may first be brought, which proceedings shall conform as nearly as may be to proceedings in admiralty or revenue cases; and if said property, whether real or personal, shall be found to have belonged to a person engaged in rebellion, or who has given aid or comfort thereto, the same shall be condemned as enemies' property and become the property of the United States, and may be disposed of as the court shall decree, and the proceeds thereof paid into the Treasury of the United States for the purposes aforesaid.

SEC. 8. And be it further enacted, That the several courts aforesaid shall have power to make such orders, establish such forms of decree and sale, and direct such deeds and conveyances to be executed and delivered by the marshals thereof where real estate shall be the subject of sale, as shall fitly and efficiently effect the purposes of this act, and vest in the purchasers of such property good and valid titles thereto. And the said courts shall have power to allow such fees and charges of their officers as shall be reasonable and proper in the premises.

SEC. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the Government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the Army; and all slaves captured from such persons or deserted by them and coming under the control of the Government of the United States, and all slaves of such persons found on [or] being within any place occupied by rebel forces and afterward occupied by the forces of the United States shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves.

SEC. 10. And be it further enacted, That no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime, or some offense against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military or naval service of the United States shall, under any pretense whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service.

SEC. 11. And be it further enacted, That the President of the United States is authorized to employ as many persons of African descent as he may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare.

SEC. 12. And be it further enacted, That the President of the United States is hereby authorized to make provision for the transportation, colonization, and settlement, in some tropical country beyond the limits of the United States, of such persons of the African race, made free by the provisions of this act, as may be willing to emigrate, having first obtained the consent of the government of said country to their protection and settlement within the same, with all the rights and privileges of freemen.

SEC. 13. And be it further enacted, That the President is hereby authorized, at any time hereafter, by proclamation, to extend to persons who may have participated in the existing rebellion in any State or part thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare.

SEC. 14. And be it further enacted, That the courts of the United States shall have full power to institute proceedings, make orders and decrees, issue process, and do all other things necessary to carry this act into effect.

Approved July 17, 1862.

SOURCE: SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series III, Volume 2 (Serial No. 123), p. 275-6

General Robert E. Lee’s General Orders No. 2, February 14, 1865

HEADQUARTERS ARMIES OF THE CONFEDERATE STATES,

14th February, 1865.

General Orders, No. 2.

In entering upon the campaign about to open the General-in-Chief feels assured that the soldiers who have so long and so nobly borne the hardships and dangers of the war require no exhortation to respond to the calls of honor and duty.

With the liberty transmitted by their forefathers they have inherited the spirit to defend it.

The choice between war and abject submission is before them.

To such a proposal brave men with arms in their hands can have but one answer. They cannot barter manhood for peace nor the right of self-government for life or property.

But justice to them requires a sterner admonition to those who have abandoned their comrades in the hour of peril.

A last opportunity is afforded them to wipe out the disgrace and escape the punishment of their crimes.

By authority of the President of the Confederate States a pardon is announced to such deserters and men improperly absent as shall return to the commands to which they belong within the shortest possible time, not exceeding twenty days from the publication of this order, at the headquarters of the department in which they may be.

Those who may be prevented by interruption of communication may report within the time specified to the nearest enrolling officer or other officer on duty, to be forwarded as soon as practicable, and upon presenting a certificate from such officer showing compliance with the requirement will receive the pardon hereby offered.

Those who have deserted to the service of the enemy, or who have deserted after having been once pardoned for the same offense, and those who shall desert or absent themselves without authority after the publication of this order, are excluded from its benefits. Nor does the offer of pardon extend to other offenses than desertion and absence without permission.

By the same authority it is also declared that no general amnesty will again be granted, and those who refuse to accept the pardon now offered, or who shall hereafter desert or absent themselves without leave, shall suffer such punishment as the courts may impose, and no application for clemency will be entertained.

Taking new resolution from the fate which our enemies intend for us, let every man devote all his energies to the common defense.

Our resources, wisely and vigorously employed, are ample, and with a brave army, sustained by a determined and united people, success with God's assistance cannot be doubtful.

The advantage of the enemy will have but little value if we do not permit them to impair our resolution. Let us then oppose constancy to adversity, fortitude to suffering, and courage to danger, with the firm assurance that He who gave freedom to our fathers will bless the efforts of their children to preserve it.

R. E. LEE,

General.

SOURCE: John William Jones, Life and Letters of Robert Edward Lee: Soldier and Man, p. 353-4

Major General William T. Sherman to Senator John Sherman, “a few days” after August 9, 1865

[ST. LOUIS, MISSOURI, “a few days” after August 9, 1865]

We cannot keep the South out long, and it is a physical impossibility for us to guard the entire South by armies; nor can we change opinions by force; nor can the President pass on the merits of all pardons, but must delegate it, when the power will be corrupted or gradually embrace all exempts, for the class exempted is the vital part of the South. I would have used it and had it subservient to the uses of Government. The poor whites and negroes of the South have not the intelligence to fill the offices of governors, clerks, judges, etc., etc., and for some time the marching of state Governments must be controlled by the same class of whites as went into the Rebellion against us. . . .

SOURCE: Rachel Sherman Thorndike, Editor, The Sherman Letters: Correspondence Between General and Senator Sherman from 1837 to 1891, p. 254

Philadelphia papers of the 1st announce . . .

. . . the receipt of the pardon of Judge Vondersmith convicted in 1859 of forging applications for pensions, and sentenced to pay a fine of five thousand dollars and to undergo an imprisonment of twenty years.  Before the expiration of President Buchanan’s term of office he commuted the sentence to three years which would have expired in May next.  The pardon of President Lincoln is unconditional, and relieves him from the payment of five thousand dollars.  Since the incarceration of Vondersmith, his wife has died and this is urged as a reason for his pardon.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, February 8, 1862, p. 2