Major-General Henry W. Halleck to Major-General George B. McClellan, December 2, 1861

CONFIDENTIAL.]

SAINT LOUIS, MO., [December 2,] 1861.

Maj. Gen. GEORGE B. MCCLELLAN,

Commander-in- Chief, Washington, D.C.:

GENERAL: As stated in a former communication, Brig. Gen. W. T. Sherman, on reporting here for duty, was ordered to inspect troops (three divisions) at Sedalia and vicinity, and if, in the absence of General Pope, he deemed there was danger of an immediate attack, he was authorized to assume the command. He did so, and commenced the movements of the troops in a manner which I did not approve, and countermanded. I also received information from officers there that General S[herman] was completely "stampeded" and was "stampeding" the army. I therefore immediately ordered him to this place, and yesterday gave him a leave of absence for twenty days to visit his family in Ohio. I am satisfied that General S[herman's] physical and mental system is so completely broken by labor and care as to render him for the present entirely unfit for duty. Perhaps a few weeks' rest may restore him. I am satisfied that in his present condition it would be dangerous to give him a command here. Can't you send me a brigadier-general of high rank capable of commanding a corps d'armée of three or four divisions? Say Heintzelman, F. J. Porter, Franklin, or McCall. Those of lower grades would be ranked by others here. Grant cannot be taken from Cairo, nor Curtis from this place at present. Sigel is sick, and Prentiss operating against insurgents in Northern Missouri. I dare not intrust the "mustangs" with high commands in the face of the enemy.

Very respectfully, your obedient servant,

 H. W. HALLECK,               

Major-General.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 52, Part 1 (Serial No. 109), p. 198

Major-General William T. Sherman to Major-General Ulysses S. Grant, August 17, 1862

HEADQUARTERS FIFTH DIVISION,                 

Memphis, August 17, 1862.

Major-General GRANT, Corinth:

DEAR SIR: A letter from you of August 4, asking me to write more freely and fully on all matters of public interest, did not reach me till yesterday.

I think since the date of that letter you have received from me official reports and copies of orders telling almost everything of interest hereabouts; but I will with pleasure take every occasion to advise you of everything that occurs here.

Your order of arrest of newspaper correspondent is executed, and he will be sent to Alton by the first opportunity. He sends you by mail to-day a long appeal and has asked me to stay proceedings till you can be heard from. I have informed him I would not do so; that persons writing over false names were always suspected by honorable men, and that all I could hold out to him was that you might release him if the dishonest editor who had substituted his newspaper name to the protection of another would place himself in prison in his place. I regard all these newspaper harpies as spies and think they could be punished as such.

I have approved the arrest of the captain and seizure of the steamboat Saline for carrying salt down the river without permit and changing it off for cotton. I will have the captain tried by a military commission for aiding and abetting the public enemy by furnishing them salt wherewith to cure bacon, a contraband article; also for trafficking on the river without license or permit. I hope the court will adopt my views and stop this nefarious practice. What use in carrying on war while our people are supplying arms and the sinews of war? We have succeeded in seizing a good deal of Confederate clothing, percussion caps, &c., some mails, &c.

At our last regular muster I caused all absentees to be reported “deserted,” whereby they got no pay; but inasmuch as the order for the muster for to-morrow, August 18, is universal, I will have the muster to-morrow and all absent then will be treated as deserters, and I will remit the former penalties as they are incurred under my orders.

I have sent out several infantry parties, as also cavalry, and am certain there is nothing but guerrillas between this and Senatobia and Tallahatchie. All the people are now guerrillas, and they have a perfect understanding. When a small body gets out they hastily assemble and attack, but when a large body moves out they scatter and go home.

Colonel Jackson commands at Senatobia, Jeff. Thompson having been ordered away. Villepigue is at Abbeville Station, 18 miles south of Holly Springs. They have guards all along the railroad to Grenada and cavalry everywhere. I think their purpose is to hold us and Curtis here while they mass against you and Buell or New Orleans. Price has been reported coming here, but of this we know nothing. If he comes he can and will take care that we know nothing of it till the last moment. I feel certain that no force save guerrillas have thus far passed north toward McClernand.

All the people here were on the qui vive for Baton Rouge and Nashville, but there seems to be a lull in their talk. I find them much more resigned and less presumptuous than at first. Your orders about property and mine about "niggers" make them feel that they can be hurt, and they are about as sensitive about their property as Yankees. I believe in universal confiscation and colonization. Some Union people have been expelled from Raleigh. I have taken some of the richest rebels and will compel them to buy and pay for all the land, horses, cattle, and effects, as well as damages, and let the Union owner deed the property to one or more of them. This they don't like at all. I do not exact the oath universally, but assume the ground that all within our lines are American citizens, and if they do any act or fail in any duty required of them as such then they can and will be punished as spies.

Instead of furnishing a permanent provost guard I give Colonel Anthony two good officers to assist him and change the regiment weekly. All are in tents and have their transportation ready to move. I am also in tents. I think 4,000 men could land opposite Helena, march rapidly to Panola, destroy that bridge, then to Oxford and Abbeville and destroy that, thus making the Tallahatchie the northern limits of their railroad. Afterward, Grenada, Jackson, and Meridian must be attacked. Break up absolutely and effectually the railroad bridges, mills, and everything going to provide their armies and they must feel it. The maintenance of this vast army must soon reduce their strength.

The lines of the Mississippi must be under one command. As it is, Curtis and I are perfectly independent of each other. He was here the other day. I know him well; he is very jealous of interference and will do nothing at another's suggestion. If you want him to do anything you must get Halleck to order it. Fort progresses too slow; 1,300 negroes at work on it. One installment of guns received; balance expected every hour. Weather heretofore unbearably hot, but now pretty cool.

Yours, truly,

W. T. SHERMAN,                

Major-general.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 17, Part 2 (Serial No. 25), p. 178-9

The Victory on the Cumberland—The End in Sight

We have reason to believe, if not the certainty, that Fort Donelson has fallen.  After a struggle, desperate on both sides, and, as far as my be judged from the imperfect details which have reached us, creditable to the fighting qualities of both, the post capitulated, and the National colors took the place, on the ramparts, of the rebel rag.  The destruction of life and the lists of wounded are probably largely in excess of those of any previous contest of the war.  It could hardly be otherwise.  The opposing forces were strong in numbers, but while the assailants were more perilously exposed, the defenders, from their very numbers, cooped up as they were in lines where they were helpless to fight, and simply in the way of each other, must have suffered frightfully from the storm of shell and shot hurled upon them from that circumvallation of fire.  It was doubtless the terrible sacrifice of life to which they were subjected within the fort that prompted these daring sorties which the besiegers so gallantly repulsed.

Having this glorious result of the fight, we may well postpone the discussion of details.  With the capture of Fort Donelson, another of those mortal blows recently struck at the heart of the rebellion has been inflicted.  Nor are we to lose sight of the fact that nearly all of these victories come from the command of Gen. HALLECK.  Fort Henry captured, the loyalty of Tennessee brought to light, the surrender if Fort Donelson, the retreat of PRICE, from Springfield, and the report of this morning that CURTIS had overtaken his rear, had seized his baggage-train and more prisoners that he knew what to do with, show with what energy and how victoriously the commander of the Western Department is executing his part of the great programme.  These, with the retreat of JOHNSTON from before BUELL, relieve, practically, both Missouri and Kentucky from the rebel enemy, and lay bare the Tennessee  to the admission of these Union armies which shall bring liberation to its oppressed but loyal people.

While the war in the West is thus drawing to a close, the signs are not less significant in the East.  There is little doubt that in North Carolina, South Carolina and Georgia, our forces are at this moment executing flank movements to the interior, which must effectually isolate the main rebel army in Eastern Virginia from its sources of supply.  It is clearly improbable for the rebels to hold their position at Manassas.  Their retreat must be a question of a few days—perhaps of a few hours.  There is but one reason for the evacuation of Bowling Green that is not valid for the evacuation of Manassas, and it is that no division of the Potomac army has been thrown forward to threaten an attack.  But such a threat is no longer necessary.  The news that Fort Donelson is in National hands; that the Tennessee river is open to our gunboats even to Muscle Shoals in Alabama; that the Cumberland can now be ascended to Nashville; that Memphis is in danger, and that the garrison of Columbus are for all practical purposes prisoners of war, must give that shock to the rebels near Washington which shall leave to its leaders an only alternative of withdrawing their army, or seeing it dissolve.  A retreat will be begun, but where will it end? Nowhere, we conceive short of the Gulf States.  The only pause at Richmond will probably be to witness the gloomy pageant of JEFF. DAVIS inaugurated as President, like a King crowned on his death-bed, or the succession of a Byzantine Emperor, when Byzantium itself was beleaguered and stormed by the Turks.  It will be in the Gulf States that the last stand of the rebels will be attempted.  But there our lines are already drawn tightly about them.  We hold the coast.  The blockade is pinchingly close.  What our gunboats and mortar-boats have done East and West they can do for every river and harbor on the Gulf.  Our troops will escape from the mud and the frosts of the Border States, to a theater of war, where for months to come the temperature is that of our Northern Summer, and where roads are settled, and military movements facile.  Indeed, of the resistance of the desperate traitors can be protracted through the Summer, a campaign in July and August would convey no discomfort to those who have experienced similar heats in our own latitudes; for the steady Southern Summer is far less intolerable that the varying temperatures of the North.

It is no extravagance, therefore, to say the rebellion has culminated.  Its settling must be as the flash of a meteor.  Had the illusory stimulus of the apparent victories of Bull Run and Ball’s Bluff been wanting; and had the certainty of the non-interference of France and England been earlier attained, the result must have been early reached.  After this, it certainly can[no]t be materially postponed.  The monster is already clutched and in his death struggle.

SOURCE: “The Victory on the Cumberland—The End in Sight,” The New York Times, New York, New York, Monday, February 17, 1862, p. 4.

Diary of Edward Bates: Tuesday, October 22, 1861

Cabinet Council

Present all. Capt Cravens¹¹ U. S. N. commanding Flotilla in the Potomac, reports great progress made by the rebels with their batteries along the river — stretching from Matthias’ point¹² up — at intervals, for more than 25 miles, and having at the different places, at least 40 heavy guns — so as, in fact to command the river. Two of his vessels are between their strongest batteries, and opposite Acquia Creek.¹³

The Capt says — judging by the camp fires — that the enemy is increasing his force below, near the batteries, every day — Each night there are more and more fires, and less in the region of Occoquan.¹⁴ He thinks they are preparing to pass over into Maryland.

If that be so, they are growing desperate in their present position; and if we let them cross it is our folly and crime. The fact that we allow them to obstruct the river is our deep disgrace.

There was some discussion about the battle near Leesburg¹⁵ yesterday and last night — a most unsatisfactory affair.

Baker's¹⁶ brigade was driven back with great loss. Baker and several other high officers were killed — the total loss not known but supposed from 2 to 300. McClellan¹⁷ was to go up in person.

< I hear tonight that a large part of our force has passed the river— both Banks¹⁸ and Stone¹⁹ are on the Va. side and I do and [sic] not doubt that the most strenuous efforts will be made to press the enemy, for our Generals are I think by this time, (besides other motives) heartily ashamed of inaction and inefficiency — the weather is very bad for active operations, by reason of constant rain last night and today, still I expect hard fighting. >

Another subject in C.[abinet] C.[ouncil] was the vexed question of the recall of Genl. Fremont. The report of Adj't. Genl. Thomas,²⁰ made by direction of the Sec of War put it, I thought, beyond all question that the removal must be made and instantly — The President seemed to think so, and said it was now clear that Fremont was not fit to for the command — that Hunter²¹ was better — Still, at the very pinch, the Sec of State, came again, as twice before, to the rescue — and urged delay — “not today, put it off a little” — The idea (gotten by Mr. Chase from Dr. Eliot²²) seemed to be that the Army was devoted to Fremont and had full confidence in him! while the evidence to the contrary is overwhelming — Hunter and Curtis²³ openly declared it — as stated in Adjutant Genl. Thomas' report, and as far as I know, none actively support him, but his own pet officers and contractors — Yet strange! both Cameron and Chase gave in and timidly yielded to delay; and the President still hangs in painful and mortyfying [sic] doubt. His suffering is evidently great, and if it were not connected with a subject so momentous, would be ludicrous.

I spoke as heretofore, plainly, urging the Prest. to avoid the timorous and vacillating course that could but degrade the Adm[inistratio]n. and make it weak and helpless — to assume the powers of his place and speak in the language of command. Not to send an order clogged with conditions and provisos — send a positive order or none at all. To leave him there now would be worse than prompt removal — for you have degraded him before the world and thereby unfitted him for the command, if otherwise capable — You have countermanded his orders,²⁴ repudiated his contracts and denounced his contractors, suspended his officers and stopped the progress of his

fortifications — If under these circumstances we still keep him in command, the public will attribute the fact to a motive no higher than our fears. For me — I think too well of the soldiers and the people, to be afraid of any Major General in the Army. I protested against having my State sacrificed on such motives and in such a cause.

Still I fear he will be allowed to hang on until he drops in very rottenness. And if we persist in this sort of impotent indecision, we are very likely to share his fate — and, worse than all, deserve it.

_______________

¹² Spelled “Mathias.” A village thirty miles below Washington.

¹³ A river-port at the outlet of a deep tidal channel about fifty-five miles below Washington. It was the terminus of a railroad from Richmond.

¹⁴ A village about six miles up the Occoquan River from where it flows into the Potomac not far below Mount Vernon.

¹⁵ The Battle of Ball's Bluff where the Union force was disastrously defeated when General Stone, under misinformation about the enemy, actually crossed the Potomac into Virginia instead of making a feint of doing so.

¹⁶ Supra, Oct. 12, 1859, note 9. He had raised a regiment of volunteers and, though still senator, had led a brigade at Leesburg.

¹⁷ George B. McClellan, West Point graduate of 1846, served in Mexico, on the Pacific Coast, and in Europe, but resigned in 1857 to become chief engineer and later vice-president of the Illinois Central Railroad. When the War came, he was given command of the Department of the Ohio with the rank of major-general. After the Battle of Bull Run he commanded the Army of the Potomac until political considerations and his constitutional unwillingness to attack led Lincoln to remove him in November, 1862. He became the candidate of the combined opposition to Lincoln in 1864 and ran for the Presidency as a man who could secure both peace and union — Lincoln seemed to have sacrificed both — but he ran on a platform that seemed to urge peace even at the cost of union, and was defeated.

¹⁸ See supra, July 27, 1859, note 57. At this time Banks was serving as major-general of volunteers in the Department of the Shenandoah.

¹⁹ Charles P. Stone, graduate of West Point in 1845, had served in the Mexican War and on the Pacific Coast until he resigned in 1856. At the outbreak of the War he was put in command of the District of Columbia. His disaster at Balls Bluff led him to ask a Court of Inquiry, but McClellan exonerated him and the matter was dropped until he was suddenly arrested in February, 1862. See infra, Nov. 1, 1861, note 28.

²⁰ Supra, Oct. 1, 1861, note 9.

²¹ David Hunter, graduate of West Point in 1822, had served in Mexico and on the frontier, had commanded the main column at Bull Run, and was now serving as major-general of volunteers in Missouri under Fremont whom he succeeded on November 2.

²² Supra, Feb. 22, 1860, note 79.

²³ Samuel R. Curtis: West Point graduate of 1831; civil engineer in the West; lawyer of Keokuk, Iowa, 1855-1861; Republican congressman, 1857-1861 ; member of the Peace Convention of 1861; at this time brigadier-general in the Department of the West. He commanded the Department of the Missouri, 1862-1863, the Department of Kansas, 1864-1865, the Department of the Northwest, 1865.

²⁴ Lincoln, after first giving Fremont a chance to recall it himself, had countermanded his order of emancipation of the slaves and confiscation of the property of all Missourians who took up arms against the United States. Lincoln also forbade him to carry out his order to shoot as traitors, after a trial by court martial, all Missourians found with arms in their hands.

SOURCE: Howard K, Beale, Editor, The Diary of Edward Bates, 1859-1866, p. 197-9

1st Lieutenant Charles Wright Wills: May 11, 1862

Corinth and Hamburg Road, Miss., May 11, 1862.

You remember that in my last I spoke of a reconnoisance our people made on the 8th inst. On the 9th Beauregard returned it with interest, driving our advance back some two miles and almost scaring this wing of the Eagle. He appeared on our left flank, where I think Pope thought it impossible for him to reach, and drove Paine's division from the front like a drove of sheep. Tis said that a charge made by the 2d Iowa Cavalry was the salvation of both of Paine's brigades. The charge, if we hear correctly, was one of the most gallant things of the war. One of our battalions was out yesterday examining our left to see if the Rebels were still there. They found no signs of them, but on their return to camp were fired into by some of General Buford's artillery, and one man killed by a 6-pound solid shot from Company A. There is almost incessant firing along the front but too light and scattering to forbode an immediate fight of itself, although 'twould surprise no one to hear of the dance commencing at any hour. Corinth is a tremendously strong place, very difficult to approach, and holding a force that our officers think much superior to our own. This is kept from the army, though I don't think now that we have more than 80,000 fighting men here. They must have over 100,000, and this conscription act is pouring in reinforcements to them by thousands. But, notwithstanding this, I think the superior discipline of our men will give us a victory when the fight does come. The strongest evidence that I see of Halleck's weakness is his delaying the battle so long We are in distance to strike any day; roads splendid, army in better condition every day than it will be the next day, weather becoming too hot for men to endure much longer, and yet we wait. What for, I don't know, unless 'tis for reinforcements. They say Curtis and Siegel are coming. I hope they'll get here to-night and finish the thing up to-morrow. The weather is taking the vim out of the men remarkably. To-day there is a good stray breeze, and yet a man can hardly get enough of the rarified stuff they call air here to fill his lungs. Plenty of chestnuts in this country. Plenty of hills and plenty of woods but a great scarcity of about everything else. There is no more soil on the earth here than you'll find on any Illinois school house floor, and 'tis a question which would grow the best crops.

The colonel is anxious to have the regiment in the battle when it comes off, while your brother thinks if they can do the work without us he won't be at all angry. I like skirmishing pretty well but am dubious about the fun showing itself so strongly in a battle. I guess I had a dozen shots thrown at me individually on the 8th at from 100 to 450 yards, and I got my return shot nearly every time and some extra ones, but rather think they all got off as well as I did. The carbines are not very correct shooters, and your brother is a ditto, so I have the satisfaction of knowing that I haven’t killed anybody yet.

SOURCE: Charles Wright Wills, Army Life of an Illinois Soldier, p. 88-9

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 Luman Harris Tenney: Tuesday, October 28, 1862

Reveille at three. Breakfasted and were on the move at 6 in the advance — bound for Maysville. Capt. kept me running a good deal. Passed through Bentonville about noon. Saw several whom I had seen on my other visit there. Passed along two miles. Got plenty of rambow apples at an orchard. Encamped in an orchard. Had to go two miles for water. An old man showed us protection papers, signed by Curtis, given because he went for the old Constitution.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 39

Diary of 2nd Lieutenant George G. Smith: April 13, 1864

We found Bank's whole army here having been badly defeated at Pleasant Hill, forty miles above on the nineth and tenth instant and had retreated back to this place with his whole army. The story of the battle so far as I could learn from those who participated in it, was as follows: The objective point was Shrievesport on this river about sixty miles above. General Curtis from Arkansas and General Banks from New Orleans were both marching upon it intending to form a junction there. But Banks did not take the wiley rebel General Green into the account. With a strong force of Texas troops he stepped between the approaching armies first attacking Curtis and driving him back towards Arkansas and then turning upon Banks. South of Shrievsport is a dense forest through which the road passes. In this forest Green placed his troops disposing them in the form of the letter A with the apex towards the city where he planted a battery in the road. The Union cavalry was in the advance followed by the baggage train. As soon as the head of the column reached the battery they opened fire. The wings closed upon the baggage train, shot the mules and drivers, piling up the wagons in terrible confusion making the road utterly impassable, while the forest was so dense a rabbit could hardly crawl through; the enemy had it pretty much all his own way. The long baggage train was all captured with its valuable stores besides most of the cavalry was either killed or captured. The remaining few that escaped fell back on the infantry support which was a day's march in the rear. Of course the enemy pursued them until they met the infantry and then it was their turn to retreat; which they did without stopping to fight long. The infantry pursued them about eight miles, but it was a useless chase as their commissary stores were all gone and they were compelled to retreat. They fell back to Grand Ecore and threw up entrenchments and this is where we found them.

SOURCE: Abstracted from George G. Smith, Leaves from a Soldier's Diary, p. 95-7

Hawkins Taylor to Abraham Lincoln, February 25, 1860

State of Iowa

Senate Chamber,

Des Moines, Iowa, Feb 25, 1860.

Dear Sir

I wrote you immediately after the Convention. As near as I can tell, I wrote you that our Delegates were not instructed but left free to act as they might think best when in Conventions at Chicago. I am not a Delegate but I probably had as much to do with making them as them any one else and am Satisfied that a large Maj of them would vote for Seward if their vote would elect him not that personally he is their special choice but because of the locofoco abuse of him but I do not think that any of the Delegate think that he ought to be the nominee of the Chicago Convention. If a vote had been taken by the Delegates when appointed, a large Maj of them with the lights then before them a large Maj would have voted for Cameron for President and Your Self for Vice President This vote would have been given under the impression that Cameron Could Carry Pa and that probably no other Person could. Now I hope in this we are Mistaken. And I hope that before the Convention Comes off Such will be Made Manifest. Our Delegates I am sure would rather vote for you than any other Man in the U. S. especially if the Arch Demagogue Douglass should be the Nominee of the South.

I received a letter from Col Curtis who thinks your chance for nomination as good at leat as Any other Man. But all will depend on Pa. New Jersey Ill & Ia At least I think so. Our Delegation will be influenced more by Col Warren than any other man in Iowa. Polatics change – and the influence of Men change. the Cols star is now in the ascendant. I hope that you will correspond with him if you have not already done so. Have you Seen his Article on Edward Bates address to the “Springfield Republican”? If you have not hunt it up. It was copied into the “Hawk Eye” and probably by other papers. If it does not use up Bates’ prospect I am mistaken.

I wish that you could write me the prospects of your Nomination for President. I shall be at the Chicago Convention.

I want you to be sure and correspond with Warren He will contribute a large a large Share towards the nomination of Some one. his acquaintance is extensive & he will take an active part in the canvass He will be one of the State Electors for Iowa

I have confidence to believe that no one in our State has more influence with him than I have. I go to Chicago as his guest And if there is any thing that I can do for you I am ready to do it all that I want is to know how to serve you

Please write to me and you had better direct to Keokuk as I will leave here in a few days

Yours truly

Hawkins Taylor

SOURCE: Abraham Lincoln Papers at the Library of Congress, Washington, D. C.

Diary of Lieutenant-Colonel Rutherford B. Hayes: Wednesday, March 12, 1862

A bright warm day. I go to Raleigh, bidding good-bye to Fayetteville. We entered Fayetteville either the 13th or 14th of November; four months in one home, not unpleasant months, considering the winter weather of this region. Rode to Fayetteville [slip of pen for Raleigh] on my new bright bay — a good ride. Reached Fayetteville [Raleigh] just as our regiment was forming for dress parade. Eight companies in line looked large. Was greeted warmly. I gave them the news of the evacuation of Manassas and the victory in Arkansas. Three cheers given for the news; three more for General Curtis, and three for the colonel! All seemed pleased to be again together. How well they looked. The band is in capital condition. How I love the Twenty-third. I would rather command it as lieutenant-colonel than to command another regiment as colonel.

SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 2, p. 205-6

Pacific Railroad Act of 1862: July 1, 1862

An Act to aid in the Construction of a Railroad and Telegraph Line from the Missouri River to the Pacific Ocean, and to secure to the Government the Use of the same for Postal, Military, and Other Purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Walter S. Burgess, William P. Blodgett, Benjamin H. Cheever, Charles Fosdick Fletcher, of Rhode Island; Augustus Brewster, Henry P. Haven, Cornelius S. Bushnell, Henry Hammond, of Connecticut; Isaac Sherman, Dean Richmond, Royal Phelps, William H. Ferry, Henry A. Paddock, Lewis J. Stancliff, Charles A. Secor, Samuel R. Campbell, Alfred E. Tilton, John Anderson, Azariah Boody, John S. Kennedy, H. Carver, Joseph Field, Benjamin F. Camp, Orville W. Childs, Alexander J. Bergen, Ben. Holliday, D. N. Barney, S. De Witt Bloodgood, William H. Grant, Thomas W. Olcott, Samuel B. Ruggles, James B. Wilson, of New York; Ephraim Marsh, Charles M. Harker, of New Jersey; John Edgar Thompson, Benjamin Haywood, Joseph H. Scranton, Joseph Harrison, George W. Cass, John H. Bryant, Daniel J. Morell, Thomas M. Howe, William F. Johnson, Robert Finney, John A. Green, E. R. Myre, Charles F. Wells, Jr., of Pennsylvania; Noah L. Wilson, Amasa Stone, William H. Clement, S. S. L’Hommedieu, John Brough, William Dennison, Jacob Blickinsderfer, of Ohio; William M. McPherson, R. W. Wells, Willard P. Hall, .Armstrong Beatty, John Corby, of Missouri ; S. J. Hensley, Peter Donahue, C. P. Huntington, T. D. Judah, James Bailey, James T. Ryan, Charles Hosmer, Charles Marsh, D. O. Mills, Samuel Bell, Louis McLane, George W. Mowe, Charles McLaughlin, Timothy Dame, John R. Robinson, of California; John Atchison and John D. Winters, of the Territory of Nevada; John D. Campbell, R. N. Rice, Charles A. Trowbridge, and Ransom Gardner, Charles W. Penny, Charles T. Gorham, William McConnell, of Michigan; William F Coolbaugh, Lucius H. Langworthy, Hugh T. Reid, Hoyt Sherman, Lyman Cook, Samuel R. Curtis, Lewis .A. Thomas, Platt Smith, of Iowa; William B. Ogden, Charles G. Hammond, Henry Farnum, Amos C. Babcock, W. Seldon Gale, Nehemiah Bushnell and Lorenzo Bull, of Illinois; William H. Swift, Samuel T. Dana, John Bertram, Franklin S. Stevens, Edward R. Tinker, of Massachusetts; Franklin Gorin, Laban J. Bradford, and John T. Levis, of Kentucky; James Dunning, John M. Wood, Edwin Noyes, Joseph Eaton, of Maine; Henry H. Baxter, George W. Collamer, Henry Keyes, Thomas H. Canfield, of Vermont; William S. Ladd, .A. M. Berry, Benjamin F. Harding, of Oregon; William Bunn, Jr., John Catlin, Levi Sterling, John Thompson, Elihu L. Phillips, Walter D. McIndoe T. B. Stoddard, E.H. Brodhead, A. H. Virgin, of Wisconsin; Charles Paine, Thomas A. Morris, David C. Branham, Samuel Hanna, Jonas Votaw, Jesse L. Williams, Isaac C. Elston, of Indiana; Thomas Swan, Chauncey Brooks, Edward Wilkins, of Maryland; Francis R. E. Cornell, David Blakely, A. D. Seward, Henry A. Swift, Dwight Woodbury, John McKusick, John R. Jones, of Minnesota ; Joseph A. Gilmore, Charles W. Woodman, of New Hampshire; W. H. Grimes, J. C. Stone, Chester Thomas, John Kerr, Werter R. Davis, Luther C. Challiss, Josiah Miller, of Kansas; Gilbert C. Monell and Augustus Kountz, T. M. Marquette, William H. Taylor, Alvin Saunders, of Nebraska; John Evans, of Colorado; together with commissioners to be appointed by the Secretary of the Interior, and all persons who shall or may be associated with them, and their successors, are hereby created and erected into a body corporate and politic in deed and in law, by the name, style, and title of “The Union Pacific Railroad Company;” and by that name shall have perpetual succession, and shall be able to sue and to be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States, and may make and have a common seal; and the said corporation is hereby authorized and empowered to layout, locate, construct, furnish, maintain, and enjoy a continuous railroad and telegraph, with the appurtenances, from a point on the one hundredth meridian of longitude west from Greenwich, between the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, to the western boundary of Nevada Territory, upon the route and terms hereinafter provided, and is hereby vested with all the powers, privileges, and immunities necessary to carry into effect the purposes of this act as herein set forth. The capital stock of said company shall consist of one hundred thousand shares of one thousand dollars each, which shall be subscribed for and held in not more than two hundred shares by anyone person, and shall be transferable in such manner as the by-laws of said corporation shall provide. The persons hereinbefore named, together with those to be appointed by the Secretary of the Interior, are hereby constituted and appointed commissioners, and such body shall be called the Board of Commissioners of the Union Pacific Railroad and Telegraph Company, and twenty-five shall constitute a quorum for the transaction of business. The first meeting of said board shall be held at Chicago at such time as the commissioners from Illinois herein named shall appoint, not more than three nor less than one month after the passage of this act, notice of which shall be given by them to the other commissioners by depositing a call thereof in the post office at Chicago, post paid, to their address at least forty days before said meeting, and also by publishing said notice in one daily newspaper in each of the cities of Chicago and Saint Louis. Said board shall organize by the choice from its number of a president, secretary, and treasurer, and they shall require from said treasurer such bonds as may be deemed proper, and may from time to time increase the amount thereof as they may deem proper. It shall be the duty of said board of commissioners to open books, or cause books to be opened, at such times and in such principal cities in the United States as they or a quorum of them shall deter- mine, to receive subscriptions to the capital stock of said corporation, and a cash payment of ten per centum on all subscriptions, and to receipt therefor. So soon as two thousand shares shall be in good faith subscribed for, and ten dollars per share actually paid into the treasury of the company, the said president and secretary of said board of commissioners shall appoint a time and place for the first meeting of the subscribers to the stock of said company, and shall give notice thereof in at least one newspaper in each State in which subscription books have been opened at least thirty days previous to the day of meeting, and such subscribers as shall attend the meeting so called, either in person or by proxy, shall then and there elect by ballot not less than thirteen directors for said corporation; and in such election each share of said capital shall entitle the owner thereof to one vote. The president and secretary of the board of commissioners shall act as inspectors of said election, and shall certify under their hands the names of the directors elected at said meeting; and the said commissioners, treasurer, and secretary shall then deliver over to said directors all the properties, subscription books and other books in their possession, and thereupon the duties of said commissioners, and the officers previously appointed by them shall cease and determine forever, and thereafter the stockholders shall constitute said body politic and corporate. At the time of the first and each triennial election of directors by the stockholders two additional directors shall be appointed by the President of the United States, who shall act with the body of directors, and to be denominated directors on the part of the government; any vacancy happening in the government directors at any time may be filled by the President of the United States. The directors to be appointed by the President shall not be stockholders in the Union Pacific Railroad Company. The directors so chosen shall, as soon as may be after their election, elect from their own number a president and vice-president, and shall also elect a treasurer and secretary. No person shall be a director in said company unless he shall be a bona fide owner of at least five shares of stock in the said company, except the two directors to be appointed by the President as aforesaid. Said company, at any regular meeting of the stockholders called for that purpose, shall have power to make by-laws, rules, and regulations as they shall deem needful and proper, touching the disposition of the stock, property, estate, and effects of the company, not inconsistent herewith, the transfer of shares, the term of office, duties, and conduct of their officers and servants, and all matters whatsoever which may appertain to the concerns of said company; and the said board of directors shall have power to appoint such engineers, agents, and subordinates as may from time to time be necessary to carry into effect the object of this act, and to do all acts and things touching the location and construction of said road and telegraph. Said directors may require payment of subscriptions to the capital stock, after due notice, at such times and in such proportions as they shall deem necessary to complete the railroad and telegraph within the time in this act prescribed. Said president, vice-president, and directors shall hold their office for three years, and until their successors are duly elected and qualified, or for such less time as the by-laws of the corporation may prescribe; and a majority of said directors shall constitute a quorum for the transaction of business. The secretary and treasurer shall give such bonds, with such security, as the said board shall from time to time require, and shall hold their offices at the will and pleasure of the directors. Annual meetings of the stockholders of the said corporation, for the choice of officers (when they are to be chosen) and for the transaction of annual business, shall be holden at such time and place and upon such notice as may be prescribed in the by-laws.

SEC. 2. And he it further enacted, That the right of way through the public lands be, and the same is hereby, granted to said company for the construction of said railroad and telegraph line; and the right, power, and authority is hereby given to said company to take from the public lands adjacent to the line of said road, earth, stone, timber, and other materials for the construction thereof; said right of way is granted to said railroad to the extent of two hundred feet in width on each side of said railroad where it may pass over the public lands, including all necessary grounds for stations, buildings, workshops, and depots, machine shops, switches, side tracks, turntables, and, water stations. The United States shall extinguish as rapidly as may be the Indian titles to all lands falling under the operation of this act and required for the said right of way and; grants hereinafter made.

SEC 3. And be it further enacted, That there be, and is hereby , granted to the said company, for the purpose of aiding in the construction , of said railroad and telegraph line, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores thereon, every alternate section of public land, designated by odd numbers, to the amount of five alternate sections per mile on each side of said railroad, on the line thereof, and within the limits often miles on each side of said ro1ld, not sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached, at the time the line of said road is definitely fixed : Provided, That all mineral lands shall be excepted from the operation of this act; but where the same shall contain timber, the timber thereon is hereby granted to said company. And all such lands, so granted by this section, which shall not be sold or disposed of by said company within three years after the entire road shall have been completed, shall be subject to settlement and preemption, like other lands, at a price not exceeding one dollar and twenty-five cents per acre, to be paid to said company.

SEC. 4. And be it further enacted, That whenever said company shall have completed forty consecutive miles of any portion of said railroad and telegraph line, ready for the service contemplated by this act, and supplied with all necessary drains, culverts, viaducts, crossings, sidings, bridges, turnouts, watering places, depots, equipments, furniture, and all other appurtenances of a first class railroad, the rails and all the other iron used in the construction and equipment of said road to be American manufacture of the best quality, the President of the United States shall appoint three commissioners to examine the same and report to him in relation thereto; and if it shall appear to him that forty consecutive miles of said railroad and telegraph line have been completed and equipped in all respects as required by this act, then, upon certificate of said commissioners to that effect, patents shall issue conveying the right and title to said lands to said company, on each side of the road as far as the same is completed, to the amount aforesaid; and patents shall in like manner issue as each forty miles of said railroad and telegraph line are completed, upon certificate of said commissioners. Any vacancies occurring in said board of commissioners by death, resignation, or otherwise, shall be filled by the President of the United States: Provided, however, That no such commissioners shall be appointed by the President of the United States unless there shall be presented to him a statement, verified on oath by the president of said company, that such forty miles have been completed, in the manner required by this act, and setting forth with certainty the points where such forty miles begin and where the same end; which oath shall be taken before a judge of a court of record.

SEC. 5. And be it further enacted, That for the purposes herein mentioned the Secretary of the Treasury shall, upon the certificate in writing of said commissioners of the completion and equipment of forty consecutive miles of said railroad and telegraph, in accordance with the provisions of this act, issue to said company bonds of the United States of one thousand dollars each, payable in thirty years after date, bearing six per centum per annum interest (said interest payable semi-annually,) which interest may be paid in United States treasury notes or any other money or currency which the United States have or shall declare lawful money and a legal tender, to the amount of sixteen of said bonds per mile for such section of forty miles; and to secure the repayment to the United States, as hereinafter provided, of the amount of said bonds so issued and delivered to said company, together with all interest thereon which shall have been paid by the United States, the issue of said bonds and delivery to the company shall ipso facto constitute a first mortgage on the whole line of the railroad and telegraph, together with the rolling stock, fixtures and property of every kind and description, and in consideration of which said bonds may be issued; and on the refusal or failure of said company to redeem said bonds, or any part of them, when required so to do by the Secretary of the Treasury, in accordance with the provisions of this act the said road, with all the rights, functions, immunities, and appurtences thereunto belonging, and also all lands granted to the said company by the United States, which, at the time of said default, shall remain in the ownership of the said company, may be taken possession of by the Secretary of the Treasury, for the use and benefit of the United States: Provided, this section shall not apply to that part of any road now constructed.

SEC. 6. And be it further enacted, That the grants aforesaid are made upon condition that said company shall pay said bonds at maturity, and shall keep said railroad and telegraph line in repair and use, and shall at all times transmit despatches over said telegraph line, and transport mails, troops, and munitions of war, supplies, and public storage upon said railroad for the government, whenever required to do so by any department , thereof, and that the government shall at all times have the preference in the use of the same for all the purposes aforesaid, (at fair and reasonable rates of compensation, not to exceed the amounts paid by private parties for the same kind of service;) and all compensation for services rendered for the government shall be applied to the payment of said bonds and interest until the whole amount is fully paid. Said company may also pay the United States, wholly or in part, in the same or other bonds, treasury notes, or other evidences of debt against the United States, to be allowed at par; and after said road is completed, until said bonds and interest are paid, at least five per centum of the net earnings of said road shall also be annually applied to the payment thereof.

SEC. 7. And be it further enacted, That said company shall file their assent to this act, under the seal of said company, in the Department of the Interior, within one year after the passage of this act, and shall complete said railroad and telegraph from the point of beginning as herein provided, to the western boundary of Nevada Territory before the first day of July, one thousand eight hundred and seventy-four: Provided, That within two years after the passage of this act said company shall designate the general route of said road, as near as may be, and shall file a map of the same in the Department of the Interior, whereupon the Secretary of the Interior shall cause the lands within fifteen miles of said designated route or routes to be withdrawn from preemption, private entry, and sale; and when any portion of said route shall be finally located, the Secretary of the Interior shall cause the said lands hereinbefore granted to be surveyed and set off as fast as may be necessary for the purposes herein named: Provided, That in fixing the point of connection of the main trunk with the eastern connections, it shall be fixed at the most practicable point for the construction of the Iowa and Missouri branches, as hereinafter provided.

SEC. 8. And be it further enacted, That the line of said railroad and telegraph shall commence at a point on the one hundredth meridian of a longitude west from Greenwich, between the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska, at a point to be fixed by the President of the United States, after actual surveys; thence running westerly upon the most direct, central, and practicable route, through the territories of the United States, the western boundary of the Territory of Nevada, there to meet and connect with the line of the Central Pacific Railroad Company of California.

SEC. 9. And be it further enacted, That the Leavenworth, Pawnee, and Western Railroad Company of Kansas are hereby authorized to construct a railroad and telegraph line, from the Missouri River, at the mouth of the Kansas River, on the south side thereof, so as to connect with the Pacific railroad of Missouri, to the aforesaid point, on the one hundredth meridian of longitude west from Greenwich, as herein provided, upon the same terms and conditions in all respects as are provided in this act for the construction of the railroad and telegraph line first mentioned, and to meet and connect with the same at the meridian of longitude aforesaid ; and in case the general route or line of road from the Missouri River to the Rocky Mountains should be so located as to require a departure northwardly from the proposed line of said Kansas railroad before it reaches the meridian of longitude aforesaid, the location of said Kansas road shall be made so as to conform thereto; and said railroad through Kansas shall be so located between the mouth of the Kansas River, as aforesaid, and the aforesaid point, on the one hundredth meridian of longitude, that the several railroads from Missouri and Iowa, herein authorized to connect with the same, can make connection within the limits prescribed in this act, provided the same can be done without deviating from the general direction of the whole line to the Pacific coast. The route in Kansas, west of the meridian of Fort Riley, to the aforesaid point, on the one hundredth meridian of longitude, to be subject to the approval of the President of the United States, and to be determined by him on actual survey. And said Kansas company may proceed to build said railroad to the aforesaid point, on the one hundredth meridian of longitude west from Greenwich, in the territory of Nebraska. The Central Pacific Railroad Company of California, a corporation existing under the laws of the State of California, are hereby authorized to construct a railroad and telegraph line from the Pacific coast, at or near San Francisco, or the navigable waters of the Sacramento River, to the eastern boundary of California, upon the same terms and conditions, in all respects, as are contained in this act for the construction of said railroad and telegraph line first mentioned, and to meet and connect with the first mentioned railroad and telegraph line on the eastern boundary of California. Each of said companies shall file their acceptance of the conditions of this act in the Department of the Interior within six months after the passage of this act.

SEC. 10. And be it further enacted, That the said company chartered, by the State of Kansas shall complete one hundred miles of their said road, commencing at the mouth of the Kansas River as aforesaid, within two years after filing their assent to the conditions of this act, as herein provided, and one hundred miles per year thereafter until the whole is completed; and the said Central Pacific Railroad Company of California shall complete fifty miles of their said road within two years after filing their assent to the provisions of this act, as herein provided, and fifty miles per year thereafter until the whole is completed; and after completing their roads, respectively, said companies, or either of them, may unite upon equal terms with the first-named company in constructing so much of said railroad and telegraph line and branch railroads and telegraph lines in this act hereinafter mentioned, through the Territories from the State of California to the Missouri River, as shall then remain to be constructed, on the same terms and conditions as provided in this act in relation to the said Union Pacific Railroad Company. And the Hannibal and St. Joseph Railroad, the Pacific Railroad Company of Missouri, and the first-named company, or either of them, on filing their assent to this act, as aforesaid, may unite upon equal terms, under this act, with the said Kansas company, in constructing said railroad and telegraph, to said meridian of longitude, with the consent of the said State of Kansas; and in case said first-named company shall complete their line to the eastern boundary of California before it is completed across said State by the Central Pacific Railroad Company of California, said first-named company is hereby authorized to continue in constructing the same through California, with the consent of said State, upon the terms mentioned in this act, until said roads shall meet and connect, and the whole line of said railroad and telegraph is completed; and the Central Pacific Railroad Company of California, after completing its road across said State, is authorized to continue the construction of said railroad and telegraph through the Territories of the United States to the Missouri River, including the branch roads specified in this act, upon the routes hereinbefore and hereinafter indicated, on the terms and conditions provided in this act in relation to the said Union Pacific Railroad Company, until said roads shall meet and connect, and the whole line of said railroad and branches and telegraph is completed.

SEC. 11. And be it further enacted, That for three hundred miles of said road most mountainous and difficult of construction, to wit: one hundred and fifty miles westwardly from the eastern base of the Rocky Mountains, and one hundred and fifty miles eastwardly from the western , base of the Sierra Nevada mountains, said points to be fixed by the President of the United States, the bonds to be issued to aid in the construction thereof shall be treble the number per mile hereinbefore provided, and the same shall be issued, and the lands herein granted be set apart, upon the construction of every twenty miles thereof, upon the certificate of the commissioners as aforesaid that twenty consecutive miles of the same are completed. and between the sections last named of one hundred and fifty miles each, the bonds to be issued to aid in the construction thereof shall be double the number per mile first mentioned, and the same shall be issued, and the lands herein granted be set apart, upon the construction of every twenty miles thereof, upon the certificate of the commissioners as aforesaid that twenty consecutive miles of the same are completed: Provided, That no more than fifty thousand of said bonds shall be issued under this act to aid in constructing the main line of said railroad and telegraph.

SEC. 12. And be it further enacted, That whenever the route of said railroad shall cross the boundary of any State or Territory, or said meridian of longitude, the two companies meeting or uniting there shall agree upon its location at that point, with reference to the most direct and practicable through route, and in case of difference between them as to said location the President of the United States shall determine the said location; the companies named in each State and Territory to locate the road across the same between the points so agreed upon, except as herein provided. The track upon the entire line of railroad and branches shall be of uniform width, to be determined by the President of the United States, so that, when completed, cars can be run from the Missouri River to the Pacific coast; the grades and curves shall not exceed the maximum grades and curves of the Baltimore and Ohio railroad; the whole line of said railroad and branches and telegraph shall be operated and used for all purposes of communication, travel, and transportation, so far as the public and government are concerned, as one connected, continuous line; and the companies herein named in Missouri, Kansas, and California, filing their assent to the provisions of this act, shall receive and transport all iron rails, chairs, spikes, ties, timber, and all materials required for constructing and furnishing said first-mentioned line between the aforesaid point, on the one hundredth meridian of longitude and western boundary of Nevada Territory, whenever the same is required by said first-named company, at cost, over that portion of the roads of said companies constructed under the provisions of this act.

SEC. 13. And be it further enacted, That the Hannibal and Saint Joseph Railroad Company of Missouri may extend its roads from Saint Joseph, via Atchison, to connect and unite with the road through Kansas, upon filing its assent to the provisions of this act, upon the same terms and conditions, in all respects for one hundred miles in length next to the Missouri River, as are provided in this act for the construction of the railroad and telegraph line first mentioned, and may for this purpose use any railroad charter which has been or may be granted by the legislature of Kansas; Provided, That if actual survey shall render it desirable, the said company may construct their road, with the consent of the Kansas legislature, on the most direct and practicable route west from St. Joseph, Missouri, so as to connect and unite with the road leading from the western boundary of Iowa at any point east of the one hundredth meridian of west longitude, or with the main trunk road at said point; but in no event shall lands or bonds be given to said company, as herein directed, to aid in the construction of their said road for a greater distance than one hundred miles. And the Leavenworth, Pawnee, and Western Railroad Company of Kansas may construct their road from Leavenworth to unite with the road through Kansas.

SEC. 14. And be it further enacted, That the said Union Pacific Railroad Company is hereby authorized and required to construct a single line of railroad and telegraph from a point on the western boundary of the State of Iowa, to be fixed by the President of the United States, upon the most direct and practicable route, to be subject to his approval, so as to form a connection with the lines of said company at some point on the one hundredth meridian of longitude aforesaid, from the point of commencement on the western boundary of the State of Iowa, upon the same terms and conditions, in all respects, as are contained in this act for the construction of the said railroad and telegraph first mentioned; and the said Union Pacific Railroad Company shall complete one hundred miles of the road and telegraph in this section provided for, in two years after filing their assent to the conditions of this act, as by the terms of this act required, and at the rate of one hundred miles per year thereafter, until the whole is completed: Provided, That a failure upon the part of said company to make said connection in the time aforesaid, and to perform the obligations imposed on said company by this section and to operate said road in the same manner as the main line shall be operated, shall forfeit to the government of the United States all the rights, privileges, and franchises granted to and conferred upon said company by this act. And whenever there shall be a line of railroad completed through Minnesota or Iowa to Sioux City, then the said Pacific Railroad Company is hereby authorized and required to construct a railroad and telegraph from Said Sioux City upon the most direct and practicable route to a point on, and so as to connect with, the branch railroad and telegraph in this section hereinbefore mentioned, or with the said Union Pacific Railroad, said point of junction to be fixed by the President of the United States, not further west than the one hundredth meridian of longitude aforesaid, and on the same terms and conditions as provided in this act for the construction of the Union Pacific Railroad as aforesaid, and to complete the same at the rate of one hundred miles per year; and should said company fail to comply with the requirements of this act in relation to the said Sioux City railroad and telegraph, the said company shall suffer the same forfeitures prescribed in relation to the Iowa branch railroad and telegraph hereinbefore mentioned.

SEC. 15. And be it further enacted, That any other railroad company now incorporated, or hereafter to be incorporated, shall have the right to connect their road with the road and branches provided for by this act, at such places and upon such just and equitable terms as the President of the United States may prescribe. Wherever the word company is used in this act it shall be construed to embrace the words their associates, successors, and assigns, the same as if the words had been properly added thereto.

SEC. 16. And be it further enacted, That at any time after the passage of this act all of the railroad companies named herein, and assenting hereto, or any two or more of them, are authorized to form themselves into one consolidated company; notice of such consolidation, in writing, shall be filed in the Department of the Interior, and such consolidated company shall thereafter proceed to construct said railroad and branches and telegraph line upon the terms and conditions provided in this act.

SEC. 17. And be it further enacted, That in case said company or companies shall fail to comply with the terms and conditions of this act, by not completing said road and telegraph and branches within a reasonable time, or by not keeping the same in repair and use, but shall permit the same, for an unreasonable time, to remain unfinished, or out of repair, and unfit for use, Congress may pass any act to insure the speedy completion of said road and branches, or put the same in repair and use, and may direct the income of said railroad and telegraph line to be thereafter devoted to the use of the United States, to repay all such expenditures caused by the default and neglect of such company or companies: Provided, That if said roads are not completed, so as to form a continuous line of railroad, ready for use, from the Missouri River to the navigable waters of the Sacramento River, in California, by the first day of July, eighteen hundred and seventy-six, the whole of all of said railroads before mentioned and to be constructed under the provisions of this act, together with all their furniture, fixtures, rolling stock, machine shops, lands, tenements, and hereditaments, and property of every kind and character, shall be forfeited to and be taken possession of by the United States: Provided, That of the bonds of the United States in this act provided to be delivered for any and all parts of the roads to be constructed east of the one hundredth meridian of west longitude from , Greenwich, and for any part of the road west of the west foot of the Sierra Nevada mountain, there shall be reserved of each part and installment twenty-five per centum, to be and remain in the United States treasury, undelivered, until said road and all parts thereof provided for in this act are entirely completed; and of all the bonds provided to be delivered for the said road, between the two points aforesaid, there shall be reserved out of each installment fifteen per centum, to be and remain in the treasury until the whole of the road provided for in this act is fully completed; and if the said road or any part thereof shall fail of completion at the time limited therefor in this act, then and in that case the said part of said bonds so reserved shall be forfeited to the United States.

SEC. 18. And be it further enacted, That whenever it appears that the net earnings of the entire road and telegraph, including the amount allowed for services rendered for the United States, after deducting all, expenditures, including repairs, and the furnishing, running, and managing of said road, shall exceed ten per centum upon its cost, exclusive of the five per centum to be paid to the United States, Congress may reduce the rates of fare thereon, if unreasonable in amount, and may fix and establish the same by law. And the better to accomplish the object of this act, namely, to promote the public interest and welfare by the construction of said railroad and telegraph line, and keeping the same in working order, and to secure to the government at all times (but particularly in time of war) the use and benefits of the same for postal, military and other purposes, Congress may, at any time, having due regard for the rights of said companies named herein, add to, alter, amend, or repeal this act.

SEC. 19. And be it further enacted, That the several railroad companies herein named are authorized to enter into an arrangement with the Pacific Telegraph Company, the Overland Telegraph Company, and the California State Telegraph Company, so that the present line of telegraph between the Missouri River and San Francisco may be moved upon or along the line of said railroad and branches as fast as said roads and branches are built; and if said arrangement be entered into and the transfer of said telegraph line be made in accordance therewith to the line of said railroad and branches, such transfer shall, for all purposes of this act, be held and considered a fulfillment on the part of said railroad companies of the provisions of this act in regard to the construction of said line of telegraph. And, in case of disagreement, said telegraph companies are authorized to remove their line of telegraph along and upon the line of railroad herein contemplated without prejudice to the rights of said railroad companies named herein.

SEC. 20. And he it further enacted, That the corporation hereby created and the roads connected therewith, under the provisions of this act, shall make to the Secretary of the Treasury an annual report wherein shall be set forth –

First. The names of the stockholders and their places of residence, so far as the same can be ascertained;

Second. The names and residences of the directors, and all other officers of the company;

Third. The amount of stock subscribed, and the amount thereof actually paid in;

Fourth. A description of the lines of road surveyed, of the lines thereof fixed upon for the construction of the road, and the cost of such surveys;

Fifth. The amount received from passengers on the road;

Sixth. The amount received for freight thereon;

Seventh. A statement of the expense of said road and its fixtures;

Eighth. A statement of the indebtedness of said company, setting forth the various kinds thereof. Which report shall be sworn to by the president of the said company, and shall be presented to the Secretary of the Treasury on or before the first day of July in each year.

APPROVED, July 1, 1862.

SOURCE: Annual Report of the Secretary of the Interior on the Operations of the Department for the Year Ended June 30, 1879, Volume 2, p. 107-15

Diary of Judith W. McGuire: July 23, 1862

Letters and papers to-day. It is reported that Hindman has captured Curtis and his whole command in Arkansas. Delightful, if true. The army in Virginia. and our dear ones, well.

SOURCE: Judith W. McGuire, Diary of a Southern Refugee, During the War, p. 128

Diary of Judith W. McGuire: July 28, 1862

The report of Hindman's having captured Curtis untrue; but our army is doing well in the West. Murfreesboro', in Tennessee, has been captured by Confederates — a brigade, two brigadiers, and other officers, taken. “Jack Morgan” is annoying and capturing the Kentucky Yankees.

The true Southerners there must endure an almost unbearable thraldom!

A long letter from S. S., describing graphically their troubles when in Federal lines. Now they are breathing freely again. A number of servants from W. and S. H., and indeed from the whole Pamunky River, went off with their Northern friends. I am sorry for them, taken from their comfortable homes to go they know not where, and to be treated they know not how. Our man Nat went, to whom I was very partial, because his mother was the maid and humble friend of my youth, and because I had brought him up. He was a comfort to us as a driver and hostler, but now that we have neither home, carriage, nor horses, it makes but little difference with us; but how, with his slow habits, he is to support himself, I can't imagine. The wish for freedom is natural, and if he prefers it, so far as I am concerned he is welcome to it. I shall be glad to hear that he is doing well. Mothers went off leaving children — in two instances infants. Lord have mercy upon these poor misguided creatures! I am so thankful that the scurf of the earth, of which the Federal army seems to be composed, has been driven away from Hanover. I would that "Clarke" were as free.

SOURCE: Judith W. McGuire, Diary of a Southern Refugee, During the War, p. 128

Diary of Gideon Welles: Sunday, August 24, 1862

Have a dispatch from General Burnside at Falmouth, calling earnestly for five or six gunboats in the Potomac at Acquia Creek. Mentions having made a personal application at the Navy Department. Nothing has been said to me by him or any one, nor has any requisition been made. I find, however, on inquiry, that in a general conversation in the room of the Chief Clerk he expressed something of the kind. The General feels that a heavy responsibility is upon him, and in case of disaster desires like others the protection of the gunboats. It is honorable to him that, unlike some other generals, he willingly gives credit to the Navy. The protection he now seeks is a wise precaution, perhaps, but, I apprehend, wholly unnecessary. I have, however, ordered Wilkes to send round five gunboats from James River. The War Department sends me a letter from Major-General Curtis to General Halleck, requesting more gunboats on the Western rivers. Wrote Admiral Davis that the navigation of the Mississippi should be kept unobstructed, not only between Memphis and Arkansas River but elsewhere, and to cooperate with and assist the army.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 91

Diary of Salmon P. Chase: Thursday August 7, 1862

Very little accomplished as yet, though much, I hope, in the train of accomplishment. Engaged nearly all day on selections for recommendations of Collectors and Assessors. Prepared letter to President, containing names etc. etc. of candidates, with my recommendations, for Connecticut; made up in very small part on my own personal knowledge, but mainly on the representations and advice — sometimes agreeing and sometimes not — of the Senators, Representatives, State officers and Secretary Wells.

In the evening, went to War Department, where I saw Curtis' dispatch from Helena, urging the clearing out of the Mississippi before attempting inland operations; and McClellan's announcing advance of the enemy on Malvern Hill, and his purpose to order the retirement of Hooker's Division; and those of various Governors, and announcing progress of volunteering and preparations for drafting — on the whole very encouraging and denoting the greatest possible earnestness and determination among the people.

Home. Taylor, Davis, and Hopper (all blacks) called. —  Wrote my friend E. and sent some pencil scribblings. — Mr. Gest called, but not able to see him.

SOURCE: Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 58

Diary of Salmon P. Chase: Sunday August 3, 1862

Genl. Shields came to breakfast and to visit the Ohio men of his command in the Cliffburne Hospital. He told me he desired greatly to have a command of 5000 men and be allowed to dash as he could, breaking the lines and communications of the enemy. My daughters went with him to the Hospital.

Soon after they left, I received a summons to a Cabinet meeting. The President spoke of the Treaty said to have been formed between the Cherokees and Confederates, and suggested the expediency of organizing a force of whites and blacks, in separate Regiments, to invade and take possession of their country. Statistics of the Indians were sent for, from which it appeared that the whole fighting force of the Cherokees could hardly exceed 2500 men. Mr. Usher, Assistant Secretary of the Interior was not in favor of the expedition. He thought it better to deal indulgently with deluded Indians, and make their deluders feel the weight of the Federal authority. Most, on the whole, seemed to concur with him.

Mr. Usher mentioned a report that the Louisville Democrat had come out openly for disunion, saying that it was now manifest that the Government was in the hands of the Abolitionists. The President said, this was equivalent to a declaration of hostility by the entire Douglas Party of Kentucky, and manifested much uneasiness.

There was a good deal of conversation on the connection of the Slavery question with the rebellion. I expressed my conviction for the tenth or twentieth time, that the time for the suppression of the rebellion without interference with slavery had passed; that it was possible, probably, at the outset, by striking the insurrectionists wherever found, strongly and decisively; but we had elected to act on the principles of a civil war, in which the whole population of every seceding state was engaged against the Federal Government, instead of treating the active secessionists as insurgents and exerting our utmost energies for their arrest and punishment; — that the bitternesses of the conflict had now substantially united the white population of the rebel states against us;—that the loyal whites remaining, if they would not prefer the Union without Slavery, certainly would not prefer Slavery to the Union; that the blacks were really the only loyal population worth counting; and that, in the Gulf States at least, their right to Freedom ought to be at once recognized, while, in the Border States, the President's plan of Emancipation might be made the basis of the necessary measures for their ultimate enfranchisement; — that the practical mode of effecting this seemed to me quite simple; — that the President had already spoken of the importance of making of the freed blacks on the Mississippi, below Tennessee, a safeguard to the navigation of the river; — that Mitchell, with a few thousand soldiers, could take Vicksburgh; — assure the blacks freedom on condition of loyalty; organize the best of them in companies, regiments etc. and provide, as far as practicable for the cultivation of the plantations by the rest; — that Butler should signify to the slaveholders of Louisiana that they must recognize the freedom of their workpeople by paying them wages; — and that Hunter should do the same thing in South-Carolina.

Mr. Seward expressed himself as in favor of any measures likely to accomplish the results I contemplated, which could be carried into effect without Proclamations; and the President said he was pretty well cured of objections to any measure except want of adaptedness to put down the rebellion; but did not seem satisfied that the time had come for the adoption of such a plan as I proposed.

There was also a good deal of conversation concerning the merits of Generals. I objected pretty decidedly to the policy of selecting nearly all the highest officers from among men hostile to the Administration, and continuing them in office after they had proved themselves incompetent, or at least not specially competent, and referred to the needless defeat of McClellan and the slowness of Buell. Seward asked what I would do. I replied, Remove the men who failed to accomplish results, and put abler and more active men in their places. He wished to know whom I would prefer to Buell. I answered that if I were President, or Secretary of War authorized to act by the President, I would confer with the General in Chief; require him to name to me the best officers he knew of; talk the matter over with him; get all the light I could; and then designate my man.

As much as any thing, the clearing of the Mississippi by the capture of Vicksburgh was discussed. I reminded the President that after the evacuation of Corinth it would have been an easy matter to send down a few thousand men and complete our possession of the river; and of his own plan of putting Genl. Mitchell at the head of his own division and Curtis' army, and sending him to take Vicksburgh, almost adopted more than two weeks ago. Mr. Usher suggested that since Genl. Halleck had decided against this plan, on the ground that Mitchell's division could not be spared from Buell's command, and Curtis' army was needed to prevent a foray from Arkansas into Missouri, it might be well to raise a special force by volunteering for this one object of taking Vicksburgh, opening the Mississippi and keeping it open. I heartily seconded this idea and it was a good deal talked over.

At length, the President determined to send for Genl. Halleck and have the matter discussed with him. The General came, and the matter was fully stated to him both by Gov. Seward and myself. He did not absolutely reject the idea, but thought the object could be better accomplished by hastening the new levies; putting the new troops in the position now occupied by the old regiments; and setting the last to the work of opening the Mississippi. He expressed the strongest convictions as to the importance of the work, and his desire to see it accomplished at the earliest possible period. At this moment, however, the necessary troops could not be spared for the purpose. Taking into consideration the delay incident to raising a special force, equal, perhaps, to that demanded by Genl. Halleck's plan, and the other disadvantages it was thought best to drop the idea.

In connection with this subject, Genl. Halleck spoke of the distribution of troops in the West. He said that Hardee had broken up his camp south of Corinth, and transferred his army to Chattanooga, where he now had probably 40 or 50,000 men; that Price had attempted to cross the river into Arkansas, but had as yet failed to accomplish his purpose; that a considerable force was, however, advancing northward into Missouri; and that he had sent a division and brigade, say 7,000 men, to Curtis (making his whole force about 17,000) and instructed him to prevent the invasion of Missouri; that he had also detached from Grant about 15,000 men, say three divisions, to take position at Decatur to support Buell if necessary; that Grant had still under his command about 43,000, of whom 7,000 under Jackson had been ordered to the to watch Price; that Buell had 60,000, with which force he was approaching Chattanooga. These numbers give the whole force in the West, exclusive of troops occupying St. Louis and various Posts and Camps north of the Ohio; — Buell, 60,000 — Grant including detachments, except Curtis', 58,000 — Curtis, 17,000 — in all, 135,000 men, excellent troops. He stated McClellan's army at present and fit for duty at 88,000; absent on leave 33,000; absent without leave, 3,000; present but sick, 16,000 — in all, say, 140,000. Another statement makes the number fit for duty 91,000, and the total 143,000.

The President read a communication from Genl. H. proposing that 200,000 militia should be drafted for 9 months, and that the 300,000 men to fill old and form new regiments should be obtained without delay; and to prevent the evil of hasty and improper appointments and promotions, that a Board of Officers should be organized, to which all proposed action of that sort should be referred. The General condemned, respectfully but as decidedly, the inconsideration which has hitherto marked the action of the Government in this respect, and stated one case where a Colonel had been tried and convicted of gross misconduct and was on the point of being dismissed, when he came on to Washington and returned with a Brigadier's Commission.

The General commanded my sincere respect by the great intelligence and manliness he displayed, and excited great hopes by his obvious purpose to allow no lagging and by his evident mastery of the business he had taken in hand. I cannot agree with him as to the expediency of retaining Buell and McClellan in their important commands; and I was sorry to hear him say, in reply to a question of the President, as to what use could be made of the black population of the borders of the Mississippi, “I confess, I do not think much of the negro.”

Neither Mr. Stanton nor Mr. Blair were present at the meeting to-day.

When the Cabinet Council broke up, I proposed to Mr. Usher, who made a most favorable impression on me, to ride home in my carriage but he was called back by the President, and I finding my carriage had not come, rode home with Mr. Bates.

SOURCE: Annual Report of the American Historical Association for the Year 1902, Vol. 2, p. 53-7