Major-General John A. Dix to Edwin M. Stanton, December 17, 1864

Head-quarters, Department of the East, New York City,

December 17,1864.

Hon. E. M. Stanton, Secretary of War:

Sir, — I have just received your letter of the 15th instant, advising me that the President does not approve that part of my General Order No. 97 “which instructs all military commanders on the frontier, in certain cases therein specified, to cross the boundary between the United States and Canada, and directs pursuit into neutral territory.” I shall immediately revoke the portion of the Order thus disapproved.

I beg leave most respectfully to represent that the revocation of this direction to military commanders on the frontier removes all hope of capturing marauders who cross the boundary-line for the purpose of committing depredations on our side. When St. Alban's was attacked, the banks robbed, and several of the citizens shot — one of them mortally — a telegraphic despatch was immediately sent to me, and was promptly answered by me; and yet, so rapid were the movements of the marauders, that before my Order reached the pursuers the guilty parties had been arrested and delivered up, with the stolen property, amounting to several hundred thousand dollars, to the Canadian authorities. When it is considered that St. Alban's is several miles within the boundary-line, it will be perceived that the pursuit of marauders will be wholly unavailing from points directly on the frontier, if authority to pursue is to be waited for.

When I issued Order No. 97 I had satisfactory information from Toronto that a predatory expedition had been organized against Ogdensburg, separated from Canada by the River St. Lawrence, less than a mile in width. If the local commander, in case of an attack on the place, is required to telegraph for orders to me, it is quite manifest that the marauders will be beyond his reach before he will receive my answer.

There are strong manifestations of a purpose on the part of our citizens on the frontier to take the pursuit and capture of marauders into their own hands; and a desire to prevent these unauthorized acts of individuals was one of my motives in giving the authority in question to the local commanders.

I do not state these considerations with the expectation of inducing the President to review his decision, which has, no doubt, been well considered, but that he may understand my reasons for giving a direction which has incurred his disapproval.

I have the honor to be, very respectfully, your obedient servant,

John A. Dix, Major-general.

SOURCE: Morgan Dix, Memoirs of John Adams Dix, Volume 2, p. 114

Edwin M. Stanton to Major-General John A. Dix, December 15, 1864

War Department, Washington City, December 15,1864.

General,—Your General Order No. 97, telegraphed to this Department, has been submitted to the President, who directs me to inform you that he approves prompt and vigilant action, within proper limits, to protect your Department and its inhabitants against hostile aggression; and that, in view of the recent action by a local British tribunal in turning loose the marauders who were guilty of murder and robbery at St. Alban's, every effort should be made to secure the citizens of the United States on the frontier, in their persons and property, against future outrages. But it remains to be seen whether the Executive authorities in Canada will sanction the action of their judicial officer; and the President does not approve that part of your Order which instructs “all military commanders on the frontier” in certain cases therein specified to cross the boundary between the United States and Canada, and directs pursuit into neutral territory. The act of invading neutral territory by military commanders is, in the opinion of the President, too grave and serious to be left to the discretion or will of subordinate commanders, where the facility of communication with superior authority is so speedy, as it always may be with the chief authority in your Department, and even with the President at Washington. The President, therefore, does not think the portion of your Order referred to required by any public necessity, or compatible with proper military subordination or the public peace and security. Subordinate military authorities, when left to their own will or discretion, are too prone to act upon views of military necessity where none really exists, to be intrusted with the power of crossing neutral territory without specific authority. If circumstances shall require military commanders to cross into Canada, or to pursue marauders, thieves, or murderers of any description into neutral territory, proper authority can be applied for, without any delay prejudicial to the public welfare.

Your obedient servant,

Edwin M. Stanton, Secretary of War.

Major-general John A. Dix,

Commanding the Department of the East, New York.

SOURCE: Morgan Dix, Memoirs of John Adams Dix, Volume 2, p. 113

General News

Washington Dec., 15. – The Supreme Court Chamber was filled this morning with ladies and gentleman, to witness the installation of Chief Justice Chase, which too place at a few minutes past 11 o’clock.

A company is being organized at Oskaloosa to bore for coal oil in the spring.

Gen. Davidson with a force of 5,000 cavalry has been making a raid eastward from Baton Rouge. He reached Hungeppapo on the 30th, burned a conscript camp captured a large number of horses and an immense number of negroes. Mobile papers of the 4th say he was marching on that city.

The St. Albians Raiders, who, our readers will remember, committed some depredations in northern Vermont under confederate authority recently, and who were captured and sent to Montreal for trial, were recently discharged by Mr. Justice Courant for the alleged want of jurisdiction, which has called forth a very spicy order from Gen. Dix in which all military companies on the border are directed to shoot down, if possible, all depredators while in the commission of their crimes, or if it be necessary, with a view of their capture, to cross the boundary , and to pursue them wherever they may take refuge, and send them to his headquarters. The President has however disapproved of the order, and gen. Dix has [modified] his order accordingly. There is reported to be a perfect panic among railroad men in Canada for fear of non-intercourse with the United States. It is reported that a portion of the raiders have since been re-arrested by the Canadian authorities, who seem to be repenting their late action in discharging them. They are offering a reward for three still at large.

A large fleet consisting of [62] vessels carrying 507 guns accompanied by land forces started on an expedition from Hampton Roads on the 12th, commanded by Rear Admiral Porter. [His] destination is supposed to be Wilmington harbor, its object, the capture of Wilmington, and the reductions of the fort in the vicinity.

Board and lodging are advertized in Richmond at $25 per day.

The recent incendiary fires in N. Y. and the St. Albians raid have made it expedient to keep a sharp lookout for southerners at N.Y. Accordingly Gen. Dix has ordered that all men arriving at N.Y. from insurgent districts shall register their names. The rebel papers express much satisfaction at this order and hope that we shall make the North too hot for southern refugees.

The Commercial says there is to be no winter quarters for any of the armies except that before Richmond and Petersburg.

An Augusta (Ga.) paper of the 7th says that Yankee persons report that Gen. Kilpatrick was mortally wounded in the fight on Sunday at Walker’s Bridge.

Our Minister to France, Mr. Dayton, died at Paris on the 2d Inst., of apoplexy. Fessenden, Blair and Stanton are mentioned as candidates for the vacancy.

Congress has created the rank of Vice Admiral of the Navy.

A General Bankrupt law has passed the House.

The State Register says there is considerable excitement in that section relative to the discovery of oil springs near Des Moines. It is believed petroleum exists in unlimited quantities beneath the soil of Polk county.

– Published in The Union Sentinel, Osceola, Iowa, Friday, December 23, 1864