Diary of 2nd Lieutenant Luman Harris Tenney: October 8, 1863

Sergt. Beers worked on Quarterly Returns. Corp. Wood went out with detail and got potatoes and honey. Thede went for some apples, and took my washing. Orders came to make report or history of companies, all the details since their formation. A tedious duty with all books away. Wrote part of letter to Fannie. Rich prize. Captured Rebel train. Troops continually arriving. Forward movement soon.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 92

Diary of 2nd Lieutenant Luman Harris Tenney: October 9, 1863

Sent out with "C" and "E" companies for forage. An attack on train anticipated. Went where Co. I had scare the other day. Was touched by the mourning of a lady over the devastation the army was causing. I feel thankful that my best friends are far from the presence of war. Finished letters to Fannie and home.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 92

Diary of 2nd Lieutenant Luman Harris Tenney: October 10, 1863

Before breakfast was over, “Boots and Saddles” sounded. Packed up and moved to Blue Springs. Burnside up. Ordered to various parts of the field but always recalled till near night when the 9th A. corps charged and drove the enemy. Result of day's fighting, 60 wounded and 8 killed. Bivouacked where night found us. Troops moving up and taking positions. Big fight expected tomorrow.

SOURCE: Frances Andrews Tenney, War Diary Of Luman Harris Tenney, p. 92

Major-General Benjamin F. Butler to Lieutenant-General Winfield Scott, May 24, 1861

HEADQUARTERS DEPARTMENT OF VIRGINIA,

Fort Monroe, May 24, 1861.

Lieutenant-General WINFIELD SCOTT:

I have the honor to report my arrival at this post Wednesday morning at 8 o'clock. I found that no troops had arrived except some recruits for the Third and Fourth Massachusetts Regiments of three-months' men and two detached companies of three-years' men which have been temporarily annexed to those regiments. This morning the Second New York Volunteers have reported themselves in good condition, numbering 782 men. These I have encamped on the farm of Mr. Segar, which is at the end of Mill Creek Bridge toward Hampton, and have also ordered into camp in connection with them the First Vermont Regiment (militia), Colonel Phelps. The force at this post may be stated thus: Colonel Dimick, commanding U.S. Regulars, 415 men; Third Regiment Massachusetts Militia and one company three-years' men, 727 men; Fourth Massachusetts Militia and one company three-years' men, 783 men; First Vermont Militia, 779 men; Second New York Volunteers, three years, 782 men. As there is very little sickness, the effective force kill be probably 3,375 men. Of these, the New York and Vermont regiments only are furnished with camp equipage.

Upon my arrival I put myself in communication with Colonel De Russy, of the Engineers, and consulted him upon two subjects:

First, as to the supply of water. I found that on that day the Minnesota was supplying herself from a well or spring on land of Mr. Clark, near the end of Mill Creek Bridge, about a mile from the fort, and that after pumping 800 gallons the well was exhausted, but refilled itself during the night, and from personal examinations of its surroundings I think it may be trusted to supply 700 to 1,000 gallons daily with a little enlargement of the reservoir. The water is of the best quality, and as it is immediately under the guns of the heaviest battery of the fort on the land side, I have thought it proper, with the advice of Colonel De Russy, of the Engineer Corps, to direct that a pipe be put in to bring it into the fort along the bridge and causeway, first having a cistern excavated at the fountain which will contain the whole supply of the spring. I have also advised with Colonel De Russy of the propriety of finishing the artesian well which had been begun here, and he is now in communication with a contractor for that purpose. There is an appropriation, as I understand, of $14,000 made by Congress for that purpose.

On Thursday I directed Colonel Phelps, of the Vermont regiment, to make a reconnaissance in force in Hampton and its neighborhood within two miles of the fort, in order to examine its capabilities for en-camping the troops about to arrive, and at the same time I made personal examination of the ground, Colonel De Russy being of opinion that the wood suggested by the Lieutenant-General might be a little unhealthy, and I was further determined upon encamping in this direction by considerations of probable advances in this direction, to which I will take leave to call your attention soon. The rebels upon our approach attempted to burn the bridge over Hampton Creek, but the fire was promptly extinguished by the Vermonters, assisted by the citizens. Colonel Phelps passed into the village of Hampton, and found only a few citizens, who professed to be watching their negroes, in which occupation I have not as yet disturbed them. I therefore encamped Colonel Phelps' Vermont regiment and Colonel Carr's New York regiment on the point of land just above the spring, about half way between Fort Monroe and Hampton.

Saturday, May 25. — I had written thus far when I was called away to meet Major Cary, of the active Virginia volunteers, upon questions which have arisen of very considerable importance both in a military and political aspect, and which I beg leave to submit herewith.

On Thursday night, three negroes, field hands, belonging to Col. Charles Mallory, now in command of the secession forces in this district, delivered themselves up to my picket guard, and, as I learned from the report of the officer of the guard in the morning, had been detained by him. I immediately gave personal attention to the matter, and found satisfactory evidence that these men were about to be taken to Carolina for the purpose of aiding the secession forces there; that two of them left wives and children (one a free woman) here; that the other had left his master from fear that he would be called upon to take part in the rebel armies. Satisfied of these facts from cautious examination of each of the negroes apart from the others, I determined for the present, and until better advised, as these men were very serviceable, and I had great need of labor in my quartermaster's department, to avail myself of their services, and that I would send a receipt to Colonel Mallory that I had so taken them, as I would for any other property of a private citizen which the exigencies of the service seemed to require to be taken by me, and especially property that was designed, adapted, and about to be used against the United States.

As this is but an individual instance in a course of policy which may be required to be pursued with regard to this species of property, I have detailed to the Lieutenant-General this case, and ask his direction. I am credibly informed that the negroes in this neighborhood are now being employed in the erection of batteries and other works by the rebels, which it would be nearly or quite impossible to construct without their labor. Shall they be allowed the use of this property against the United States, and we not be allowed its use in aid of the United States?

Major Cary, upon my interview with him, which took place between this fort and Hampton, desired information upon several questions: First: Whether I would permit the removal through the blockade of the families of all persons who desired to pass southward or northward. In reply to this, I informed him that I could not permit such removal, for the reasons, first, that presence of the families of belligerents in a country was always the best hostage for the good behavior of the citizens; and, secondly, that one object of our blockade being to prevent the passage of supplies of provisions into Virginia so long as she remained in a hostile attitude, the reduction of the number of consumers would in so far tend to neutralize that effect.

He also desired to know if the transit of persons and families northward from Virginia would be permitted. I answered him that with the exception of an interruption at Baltimore there was no interruption of the travel of peaceable persons north of the Potomac, and that all the internal lines of travel through Virginia were at present in the hands of his friends, and that it depended upon them whether that line of travel was interrupted, and that the authorities at Washington could better judge of this question than myself, as necessary travel could go by way of Washington; that the passage through our blockading squadron would require an amount of labor and surveillance to prevent abuse which I did not conceive I ought to be called upon to perform.

Major Cary demanded to know with regard to the negroes what course I intended to pursue. I answered him substantially as I have written above, when he desired to know if I did not feel myself bound by my constitutional obligations to deliver up fugitives under the fugitive-slave act. To this I replied that the fugitive-slave act did not affect a foreign country, which Virginia claimed to be, and that she must reckon it one of the infelicities of her position that in so far at least she was taken at her word; that in Maryland, a loyal State, fugitives from service had been returned, and that even now, although so much pressed by my necessities for the use of these men of Colonel Mallory's, yet if their master would come to the fort and take the oath of allegiance to the Constitution of the United States I would deliver the men up to him and endeavor to hire their services of him if he desired to part with them. To this Major Cary responded that Colonel Mallory was absent.

This morning the steamer Alabama arrived, having on board Colonel Duryea's regiment of New York, 850 strong, fully equipped. I have caused them to be landed and encamped with the First Vermont. The steamer Pembroke, from Massachusetts, has arrived, having two unattached companies — one of rifles and the other of infantry, 101 men each, and without equipage — so that now the actual number of men ready for service may be set down at 4,400, but not very efficient, some being quite new recruits and others not fully equipped, two regiments being wholly without tents.

The rebels have built a very strong battery on Sewell's Point, at the entrance of Elizabeth River, about four miles from this post, and about two and one-half miles from the Ripraps, or Fort Calhoun, and supported in the rear, at the distance of about a mile across Tanner's Creek, by the rebel forces gathered about there, amounting, as nearly as I can ascertain, to some 3,000 or 4,000 men, it being understood from the attack of the Monticello on Sunday last that I intended to menace Norfolk in that direction. Of course I had not at my disposal any force sufficient to make such an attack and carry this battery with any hope of holding possession of it should it be taken. I had determined, however, upon consultation with Commodore Stringham, to engage the battery with the naval force, and to endeavor, under the cover of their fire, to land and at least destroy the guns and works, and such plan was arranged for this morning; but yesterday Commodore Stringham received orders from the Navy Department to sail at once for Charleston, so that our expedition was disorganized. As we had no sufficient force to make such an attack — in the absence of the flag-ship Minnesota and her guns at long range — as would give the movement that assurance of success which I understand you desire should seem to attend our operations, it has been abandoned. I have, however, directed Colonel De Russy to prepare to put some guns of long range upon the Ripraps, so as to prevent any further approach towards us from Sewell's Point or Willoughby's Spit.

In this connection I beg leave to suggest to the Lieutenant-General the necessity in coast operations for say fifty surf-beats, of such construction as he caused to be prepared for the landing at Vera Cruz, the adaptation and efficiency of which have passed into history. May I respectfully request and urge that such a flotilla be furnished for coast operations.

I have learned that the enemy are about to fortify a point at Newport News, about eleven miles from this place, at the mouth of the James River, and on the northerly side of it. They have already a battery at Pig Point, on the southerly and opposite side of the river, which commands the Nansemond River. I think it of the last importance that we should occupy Newport News, and I am now organizing an expedition consisting of two regiments for that purpose, unless I find unexpected obstacles. I purpose this afternoon, in the steamer Yankee, to make a personal reconnaissance of that point, and at once to occupy the same with that amount of force, intending to intrench there for the purpose of being in possession and command of the entrance to the James River myself, and from that position, by the aid of the naval force, to be in condition to threaten Craney Island and the approaches of Norfolk, and also to hold one of the approaches to Richmond. By a march of nine miles, at farthest, I can support the post at Newport News; by the sea, in two hours, I can afford it relief. There is water enough to permit the approach of the largest sized vessels--indeed the Lieutenant-General will recollect that Newport News Point was once counted upon as a naval depot instead of Norfolk.

Trusting that these dispositions and movements will meet the approval of the Lieutenant-General, and begging pardon for the detailed length of this dispatch, I have the honor to be, most respectfully, your obedient servant,

BENJ. F. BUTLER,

Major-General, Commanding.

[Indorsements.]

MAY 29, 1861

There is much to praise in this report, and nothing to condemn. It is highly interesting in several aspects, particularly in its relation to the slave question.

Respectfully submitted to the Secretary of War.

WINFIELD SCOTT.

I agree with the Lieutenant-General in his entire approval of the within report.

SIMON CAMERON.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 2 (Serial No. 2), p. 648-52

Official Reports: Expedition to and Occupation of Newport News, Va., May 27-29, 1861

Reports of Maj. Gen. B. F. Butler, U. S. Army, Commanding Department of Virginia.

• Major-General Benjamin F. Butler to Lieutenant-General Winfield Scott, May 27, 1861
• Major-General Benjamin F. Butler to Lieutenant-General Winfield Scott, May 29, 1861

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 2 (Serial No. 2), p. 52-4

Major-General Benjamin F. Butler to Lieutenant-General Winfield Scott, May 27, 1861

HEADQUARTERS DEPARTMENT OF VIRGINIA,

May 27, 1861.

SIR: The expedition (of which I gave you information in my former dispatch) to Newport News got off in fine style this morning about 7 o'clock. I have added to the expedition the Eighth New York Regiment, 780 strong, which came here on board the Empire City on Sunday afternoon, and they proceeded without debarking. I also added two 6-pounder and two 12-pounder guns, with a detachment of twenty-five men from Colonel Dimick's command, who are intended to act as drill-masters to the volunteers in the exercise of the guns. My purpose is to intrench and hold that point, and ultimately to mount a few heavy guns, which will command that channel of approach to James River.

Since I wrote my last dispatch the question in regard to slave property is becoming one of very serious magnitude. The inhabitants of Virginia are using their negroes in the batteries, and are preparing to send their women and children South. The escapes from them are very numerous, and a squad has come in this morning to my pickets, bringing with them their women and children. Of course these cannot be dealt with upon the theory on which I designed to treat the services of able-bodied men and women who might come within my lines, and of which I gave you a detailed account in my last dispatch. I am in the utmost doubt what to do with this species of property. Up to this time I have had come within my lines men and women with their children — entire families — each family belonging to the same owner. I have therefore determined to employ, as I can do very profitably, the able-bodied persons in the party, issuing proper food for the support of all, and charging against their services the expense of care and sustenance of the non-laborers, keeping a strict and accurate account as well of the services as of the expenditures, having the worth of the services and the cost of the expenditures determined by a board of survey, hereafter to be detailed. I know of no other manner in which to dispose of this subject and the questions connected therewith. As a matter of property to the insurgents it will be of very great moment, the number I now have amounting, as I am informed, to what in good times would be of the value of $60,000. Twelve of these negroes, I am informed, have escaped from the erection of batteries on Sewell's Point, which this morning fired upon my expedition as it passed by out of range. As a means of offense, therefore, in the enemy's hands, these negroes, when able-bodied, are of the last importance. Without them the batteries could not have been erected, at least for many weeks. As a military question, it would seem to be a measure of necessity to deprive their masters of their services. How can this be done? As a political question and a question of humanity, can I receive the services of the father and mother and not take the children? Of the humanitarian aspect I have no doubt. Of the political one I have no right to judge. I therefore submit all this to your better judgment; and as these questions have a political aspect, I have ventured — and I trust I am not wrong in so doing — to duplicate the parts of my dispatches relating to this subject, and forward them to the Secretary of War.

It was understood when I left Washington that the three Massachusetts regiments, two of which are at the Relay House, should be forwarded to me here, and also Cook's light battery, of which I have the utmost need, if I am expected even to occupy an extended camp with safety. May I ask the attention of the Commanding General to this subject, and inquire if the exigencies of the service will permit these troops to be sent to me immediately? I have to report the arrival of no more troops except the New York Eighth since my last dispatch. The steamship Wabash, which was expected here to take the place of the Minnesota, has not yet reported herself. The Harriet Lane has reported herself here from Charleston, and is employed in convoying the Newport News expedition. I find myself extremely short of ammunition, having but a total in magazine of 85,000 rounds, (if which 5,000 rounds only are for the smooth-bore musket, and the major part of my command are provided with that arm. May I desire the attention of the Lieutenant-General to this state of facts, and ask that a large amount of ammunition for that arm — I would suggest “buck and ball” — be ordered forward from the Ordnance Department? The assistant adjutant-general has made a requisition for this purpose. I will endeavor to keep the Lieutenant-General informed daily of any occurrences of interest, provided I am not interfered with by the irregularity of the mails and modes of conveyance.

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

BENJ. F. BUTLER,

Major-General, Commanding.

 Lieutenant-General SCOTT.

SOURCES: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 2 (Serial No. 2), p. 52-4

Major-General Benjamin F. Butler to Lieutenant-General Winfield Scott, May 29, 1861

HEADQUARTERS DEPARTMENT OF VIRGINIA,

May 29, 1861.

SIR: The expedition to Newport News, of which I spoke in my last, eight miles from this place, landed without opposition. 1 have caused an intrenched camp to be made there, which, when completed, will be able to hold itself against any force that may be brought against it, and afford even a better depot from which to advance than Fortress Monroe. The advantages of the News are these: There are two springs of very pure water there; the bluff is a fine, healthy location. It has two good, commodious wharves, to which steamers of any draught of water may come up at all stages of the tide; it is as near any point of operation as Fortress Monroe, where we are obliged to lighter all vessels of draught over ten feet, and have but one wharf. The News, upon which I propose to have a water battery of four 8-inch guns, commands the ship channel of James River, and a force there is a perpetual threat to Richmond.

My next point of operation I propose shall be Pig Point, which is exactly opposite the News, commanding Nansemond River. Once in command of that battery, which I believe may be easily turned, I can then advance along the Nansemond River and easily take Suffolk, and there either hold or destroy the railroad both between Richmond and Norfolk, and also between Norfolk and the South. With a perfect blockade of Elizabeth River, and taking and holding Suffolk and perhaps York, Norfolk will be so perfectly hemmed in, that starvation will cause the surrender, without risking an attack on the strongly-fortified intrenchments around Norfolk, with great loss and perhaps defeat.

If this plan of operations does not meet the approval of the Lieutenant-General I would be glad of his instructions specifically. If it is desirable to move on Richmond, James and York Rivers, both thus held, would seem to be the most eligible routes.

I have no co-operation substantially by the Navy, the only vessels here now being the Cumberland and Harriet Lane, the former too unwieldy to get near shore to use her heavy guns, the other so light in her battery as not to be able to cope with a single battery of the rebels.

I have yet need of surf-boats for sea-coast and river advances, and beg leave to suggest this matter again to you.

This evening the First New York Regiment, three years' men, came in on board the State of Georgia. It is in a most shameful state as regards camp equipage, camp kettles, &c.

Another matter needs pressing attention. The bore of a majority of the muskets in my command is smooth, of the issue of '48, and I have only 5,000 rounds of buck and ball and no other ammunition to fit this arm. Might I request immediate action upon this vital subject!

I have the honor to be, your obedient servant,

BENJ. F. BUTLER.

Major-General, Commanding.

General WINFIELD SCOTT.

SOURCES: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 2 (Serial No. 2), p. 54

Simon Cameron to Major-General Benjamin F. Butler, May 30, 1861

WAR DEPARTMENT,

Washington, May 30, 1861.

Major-General BUTLER:

SIR: Your action in respect to the negroes who came in your lines from the service of the rebels is approved.*

The Department is sensible of the embarrassment which must surround officers conducting military operations in a State by the laws of which slavery is sanctioned. The Government cannot recognize the rejection by any State of its federal obligations nor can it refuse the performance of the federal obligations resting upon itself. Among these federal obligations, however, none can be more important than that of suppressing and dispersing armed combinations formed for the purpose of overthrowing its whole constitutional authority. While therefore you will permit no interference by the persons under your command with the relations of persons held to service under the laws of any State you will on the other hand so long as any State within which your military operations are conducted is under the control of such armed combinations refrain from surrendering to alleged masters any persons who may come within your lines. You will employ such persons in the service to which they may be best adapted, keeping an account of the labor by them performed, of the value of it and of the expense of their maintenance. The question of their final disposition will be reserved for future determination. †

Very Respectfully,

SIMON CAMERON,

Secretary of War.

_______________

* See Butler to Scott, May 24 and 27, 1861, Series 1, Vol. 2, pp. 52, 648

† Copies of this and Cameron to Butler, August 8, 1861, on same subject furnished to Brig. Gen. T. W. Sherman (commanding expedition to the coast of South Carolina), October 14, 1861. See Series I, Vol. VI.

SOURCES: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series III, Volume 1 (Serial No. 122), p. 243; The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series II, Volume 1 (Serial No. 114), p. 754-5

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

Simon Cameron to Major-General Nathaniel P. Banks, September 11, 1861

WAR DEPARTMENT,

Washington, September 11, 1861.

 Maj. Gen. N. P. BANKS, Commanding near Darnestown, Md.:

GENERAL: The passage of any act of secession by the legislature of Maryland must be prevented. If necessary, all or any part of the members must be arrested. Exercise your own judgment as to the time and manner, but do the work effectively.

Very respectfully, your obedient servant,

SIMON CAMERON,

Secretary of War,

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series I, Volume 5 (Serial No. 5), p. 193

Diary of William Howard Russell: June 22, 1861

An active man would soon go mad if he were confined in Cairo. A mudbank stretching along the course of a muddy river is not attractive to a pedestrian; and, as is the case in most of the Southern cities, there is no place round Cairo where a man can stretch his legs, or take an honest walk in the country. A walk in the country! The Americans have not an idea of what the thing means. I speak now only of the inhabitants of the towns of the States through which I have passed, as far as I have seen of them. The roads are either impassable in mud or knee-deep in dust. There are no green shady lanes, no sheltering groves, no quiet paths through green meadows beneath umbrageous trees. Off the rail there is a morass — or, at best, a clearing — full of stumps. No temptations to take a stroll. Down away South the planters ride or drive; indeed in many places the saunterer by the wayside would probably encounter an alligator, or disturb a society of rattlesnakes. .

To-day I managed to struggle along the levee in a kind of sirocco, and visited the works at the extremity, which were constructed by an Hungarian named Waagner, one of the emigres who came with Kossuth to the United States. I found him in a hut full of flies, suffering from camp diarrhea, and waited on by Mr. O'Leary, who was formerly petty officer in our navy, served in the Furious in the Black Sea, and in the Shannon Brigade in India, now a lieutenant in the United States' army, where I should say he feels himself very much out of place. The Hungarian and the Milesian were, however, quite agreed about the utter incompetence of their military friends around them, and the great merits of heavy artillery. “When I tell them here the way poor Sir William made us rattle about them sixty-eight-pounder guns, the poor ignorant creatures laugh at me — not one of them believes it,” “It is most astonishing,” says the colonel, “how ignorant they are; there is not one of these men who can trace a regular work. Of West Point men I speak not, but of the people about here, and they will not learn of me — from me who know.” However, the works were well enough, strongly covered, commanded both rivers, and not to be reduced without trouble.

The heat drove me in among the flies of the crowded hotel, where Brigadier Prentiss is planning one of those absurd expeditions against a Secessionist camp at Commerce, in the State of Missouri, about two hours steaming up the river, and some twelve or fourteen miles inland. Cairo abounds in Secessionists and spies, and it is needful to take great precautions lest the expedition be known; but, after all, stores must be got ready, and put on board the steamers, and preparations must be made which cannot be concealed from the world. At dusk 700 men, supported by a six-pounder field-piece, were put on board the “City of Alton,” on which they clustered like bees in a swarm, and as the huge engine labored up and down against the stream, and the boat swayed from side to side, I felt a considerable desire to see General Prentiss chucked into the stream for his utter recklessness in cramming on board one huge tinder-box, all fire and touchwood, so many human beings, who, in event of an explosion, or a shot in the boiler, or of a heavy musketry fire on the banks, would have been converted into a great slaughter-house. One small boat hung from her stern, and although there were plenty of river flats and numerous steamers, even the horses belonging to the field-piece were crammed in among the men along the deck.

In my letter to Europe I made, at the time, some remarks by which the belligerents might have profited, and which at the time these pages are reproduced may strike them as possessing some value, illustrated as they have been by many events in the war. “A handful of horsemen would have been admirable to move in advance, feel the covers, and make prisoners for political or other purposes in case of flight; but the Americans persist in ignoring the use of horsemen, or at least in depreciating it, though they will at last find that they may shed much blood, and lose much more, before they can gain a victory without the aid of artillery and charges after the retreating enemy. From the want of cavalry, I suppose it is, the unmilitary practice of ‘scouting,’ as it is called here, has arisen. It is all very well in the days of Indian wars for footmen to creep about in the bushes, and shoot or be shot by sentries and pickets; but no civilized war recognizes such means of annoyance as firing upon sentinels, unless in case of an actual advance or feigned attack on the line. No camp can be safe without cavalry videttes and pickets; for the enemy can pour in impetuously after the alarm has been given, as fast as the outlying footmen can run in. In feeling the way for a column, cavalry are invaluable, and there can be little chance of ambuscades or surprises where they are judiciously employed; but ‘scouting’ on foot, or adventurous private expeditions on horseback, to have a look at the enemy, can do, and will do, nothing but harm. Every day the papers contain accounts of ‘scouts’ being killed, and sentries being picked off. The latter is a very barbarous and savage practice; and the Russian, in his most angry moments, abstained from it. If any officer wishes to obtain information as to his enemy, he has two ways of doing it. He can employ spies, who carry their lives in their hands, or he can beat up their quarters by a proper reconnoissance on his own responsibility, in which, however, it would be advisable not to trust his force to a railway train.”

At night there was a kind of émeute in camp. The day, as I have said, was excessively hot, and on returning to their tents and huts from evening parade the men found the contractor who supplies them with water had not filled the barrels; so they forced the sentries, broke barracks after hours, mobbed their officers, and streamed up to the hotel, which they surrounded, calling out, “Water, water,” in chorus. The General came out, and got up on a rail: “Gentlemen,” said he, “it is not my fault you are without water. It's your officers who are to blame; not me.” (“Groans for the Quartermaster,” from the men.) “If it is the fault of the contractor, I’ll see that he is punished. I’ll take steps at once to see that the matter is remedied. And now, gentlemen, I hope you'll go back to your quarters;” and the gentlemen took it into their heads very good-humoredly to obey the suggestion, fell in, and marched back two deep to their huts.

As the General was smoking his cigar before going to bed, I asked him why the officers had not more control over the men. “Well,” said he, “the officers are to blame for all this. The truth is, the term for which these volunteers enlisted is drawing to a close; and they have not as yet enrolled themselves in the United States army. They are merely volunteer regiments of the State of Illinois. If they were displeased with anything, therefore, they might refuse to enter the service or to take fresh engagements; and the officers would find themselves suddenly left without any men; they therefore curry favor with the privates, many of them, too, having an eye to the votes of the men when the elections of officers in the new regiments are to take place.”

The contractors have commenced plunder on a gigantic scale; and their influence with the authorities of the State is so powerful, there is little chance of punishing them. Besides, it is not considered expedient to deter contractors, by too scrupulous an exactitude, in coming forward at such a trying period; and the Quartermaster's department, which ought to be the most perfect, considering the number of persons connected with transport and carriage, is in a most disgraceful and inefficient condition. I told the General that one of the Southern leaders proposed to hang any contractor who was found out in cheating the men, and that the press cordially approved of the suggestion. “I am afraid” said he, “if any such proposal was carried out here, there would scarcely be a contractor left throughout the States.” Equal ignorance is shown by the medical authorities of the requirements of an army. There is not an ambulance or cacolet of any kind attached to this camp; and, as far as I could see, not even a litter was sent on board the steamer which has started with the expedition.

Although there has scarcely been a fought field or anything more serious than the miserable skirmishes of Shenck and Butler, the pressure of war has already told upon the people. The Cairo paper makes an urgent appeal to the authorities to relieve the distress and pauperism which the sudden interruption of trade has brought upon so many respectable citizens. And when I was at Memphis the other day, I observed a public notice in the journals, that the magistrates of the city would issue orders for money to families left in distress by the enrolment of the male members for military service. When General Scott, sorely against his will, was urged to make preparations for an armed invasion of the seceded States in case it became necessary, he said it would need some hundreds of thousands of men and many millions of money to effect that object. Mr. Seward, Mr. Chase, and Mr. Lincoln laughed pleasantly at this exaggeration, but they have begun to find by this time the old general was not quite so much in the wrong.

In reference to the discipline maintained in the camp, I must admit that proper precautions are used to prevent spies entering the lines. The sentries are posted closely and permit no one to go in without a pass in the day and a countersign at night. A conversation with General Prentiss in the front of the hotel was interrupted this evening by an Irishman, who ran past us towards the camp, hotly pursued by two policemen. The sentry on duty at the point of the lines close to us brought him up by the point of the bayonet. “Who goes tere?” “A friend, shure your honor; I'm a friend.” “Advance three paces and give the countersign.” “I don't know it, I tell you. Let me in, let me in.” But the German was resolute, and the policemen now coming up in hot pursuit, seized the culprit, who resisted violently, till General Prentiss rose from his chair and ordered the guard, who had turned out, to make a prisoner of the soldier and hand him over to the civil power, for which the man seemed to be most deeply grateful. As the policemen were walking him off, he exclaimed, “Be quiet wid ye, till I spake a word to the Giniral,” and then bowing and chuckling with drunken gravity, he said, “an’ indeed, Giniral, I'm much obleeged to ye altogither for this kindness. Long life to ye. We've got the better of that dirty German. Hoora' for Giniral Prentiss.” He preferred a chance of more whiskey in the police office and a light punishment to the work in camp and a heavy drill in the morning. An officer who was challenged by a sentry the other evening, asked him, “Do you know the countersign yourself?” “No, sir, it's not nine o'clock, and they have not given it out yet.” Another sentry stopped a man because he did not know the countersign. The fellow said, “I dare say you don't know it yourself.” “That's a lie,” he exclaimed; “it’s Plattsburgh.” “Pittsburgh it is, sure enough,” said the other, and walked on without further parley.

The Americans, Irish, and Germans, do not always coincide in the phonetic value of each letter in the passwords, and several difficulties have occurred in consequence. An incautious approach towards the posts at night is attended with risk; for the raw sentries are very quick on the trigger. More fatal and serious injuries have been inflicted on the Federals by themselves than by the enemy. “I declare to you, sir, the way the boys touched off their irons at me going home to my camp last night, was just like a running fight with the Ingins. I was a little ‘tight,’ and didn't mind it a cuss.”

SOURCE: William Howard Russell, My Diary North and South, Vol. 1, p. 341-5

The Confederate Sequestration Act, August 30, 1861

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Approved August 30, 1861.

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

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

Washington, January 26, 1861.

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

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

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

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

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

Ever yours,

Charles Sumner.

_______________

¹ Hon. Edwin M. Stanton.

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

Senator Charles Sumner to Governor John A. Andrew, January 28, 1861

Senate Chamber, January 28, 1861.

My Dear Andrew, — I did not unite with the delegation yesterday in recommending commissioners, and I think they signed without much reflection, certainly without any general conference.

My disposition in any matter not involving principle is to keep the delegation a Unit, and I certainly would not stand in the way now. Two things have been pressed, both entitled to consideration: first, in the absence of commissioners duly appointed, certain “Union-savers” from Massachusetts, accidentally here, will work into the Convention, and undertake to represent Massachusetts; and, secondly, it is important that Massachusetts should not be kept insulated. Both you can judge, and I shall defer to your judgment.

Preston King concurred with me as to the true policy of our States; but he did not think it worth while to interfere positively by writing to the Governor of New York.

Should you conclude to move, let two things be guarded: first, the principles, by having it known that Massachusetts has taken no step towards any acceptance of the resolutions which are made the implied basis of the proposed Convention; and, secondly, the men, by designating only the firmest, in whom there is no possibility of concession or compromise, like —, —, —, —, —, —; but you know the men better than I do.

Last evening the Attorney-General was with me for a long time, till after midnight. I know from him what I cannot communicate. Suffice it to say, he does not think it probable — hardly possible — that we shall be here on the 4th of March. The President has been wrong again, and a scene has taken place which will be historic, but which I know in sacred confidence. General Scott is very anxious. It is feared that the department will be seized and occupied as forts. What then can be done by the General, surgeons, and flying artillery?

Ever yours,

Charles Sumner.

SOURCE: Charles Sumner; His Complete Works, Volume 7, p. 193-4

An Additional Resolution to The Crittenden Compromise, Offered by Senator John J. Crittenden, January 3, 1861

Whereas, The Union is in danger, and, owing to the unhappy divisions existing in Congress, it would be difficult, if not impossible, for that body to concur in both its branches by the requisite majority, so as to enable it either to adopt such measures of legislation, or to recommend to the states such amendments to the Constitution, as are deemed necessary and proper to avert that danger; and

Whereas, In so great an emergency, the opinion and judgment of the people ought to be heard, and would be the best and surest guide to their representatives; therefore,

Resolved, That provision ought to be made by law, without delay, for taking the sense of the people and submitting to their vote the following resolutions (above quoted as "V") as the basis for the final and permanent settlement of those disputes that now disturb the peace of the country and threaten the existence of the Union.

SOURCES: George Ticknor Curtis, Constitutional History of the United States from Their Declaration of Independence to the Close of Their Civil War, Volume 2 , p. 528

The Crittenden Compromise, December 18, 1860

[in United States Senate, December 18, I860.]

A joint resolution (§ 50) proposing certain amendments to the Constitution of the United States.

Whereas, Serious and alarming dissensions have arisen between the Northern and Southern States concerning the rights and security of the rights of the slaveholding states, and especially the rights in the common territory of the United States; and

Whereas, It is eminently desirable and proper that these dissensions, which now threaten the very existence of this Union, should be permanently quieted and settled by constitutional provisions which shall do equal justice to all sections, and thereby restore to the people that peace and good-will which ought to prevail between all citizens of the United States; therefore,

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two thirds of both houses concurring), That the following articles he and are hereby proposed and submitted as Amendments to the Constitution of the United States, which shall be valid to all intents and purposes as part of said Constitution, when ratified by conventions of three fourths of the several states:

Article 1. In all the territory of the United States now held, or hereafter acquired, situate north of latitude 36° 30', slavery or involuntary servitude, except as a punishment for crime, is prohibited while such territory shall remain under territorial government. In all the territory south of said line of latitude slavery of the African race is hereby recognized as existing and shall not be interfered with by Congress, but shall be protected as property by all the departments of the territorial government during its continuance. And when any territory north or south of said line, within such boundaries as Congress may prescribe, shall contain the population requisite for a member of Congress according to the then federal ratio of representation of the people of the United States, it shall, if its form of government be republican, be admitted into the Union on an equal footing with the original states, with or without slavery, as the constitution of such new state may provide.

Article 2. Congress shall have no power to abolish slavery in places under its exclusive jurisdiction, and situate within the limits of states that permit the holding of slaves.

Article 3. Congress shall have no power to abolish slavery within the District of Columbia so long as it exists in the adjoining states of Virginia and Maryland, or either, nor without the consent of the inhabitants, nor without just compensation first made to such owners of slaves as do not consent to such abolishment. Nor shall Congress at any time prohibit officers of the Federal Government, or members of Congress, whose duties require them to be in said district, from bringing with them their slaves, and holding them as such during the time their duties may require them to remain there, and afterwards taking them from the district.

ARTICLE 4. Congress shall have no power to prohibit or hinder the transportation of slaves from one state to another, or to a territory in which slaves are by law permitted to he held, whether that transportation be by land, navigable rivers, or by the sea.

Article 5. That in addition to the provisions of the third paragraph of the second section of the fourth article of the Constitution of the United States, Congress shall have power to provide by law, and it shall he its duty so to provide, that the United States shall pay to the owner who shall apply for it the full value of his fugitive slave in all cases when the marshal or other officer whose duty it was to arrest said fugitive was prevented from so doing by violence or intimidation, or when, after arrest, said fugitive was rescued by force, and the owner thereby prevented and obstructed in the pursuit of his remedy for the recovery of his fugitive slave under the said clause of the Constitution, and the laws made in pursuance thereof. And in all such cases, when the United States shall pay for such fugitive, they shall have the right, in their own name, to sue the county in which said violence, intimidation, or rescue was committed, and to recover from it, with interest and damages, the amount paid by them for said fugitive slave. And the said county, after it has paid said amount to the United States, may, for its indemnity, sue and recover from the wrong-doers or rescuers by whom the owner was prevented from the recovery of his fugitive slave, in like manner ns the owner himself might have sued and recovered.

Article 6. No future amendment of the Constitution shall affect the five preceding articles; nor the third paragraph of the second section of the fourth article of said Constitution; and no amendment shall be made to the Constitution which shall authorize or give to Congress any power to abolish or interfere with slavery in any of the states by whose laws it is, or may be, allowed or permitted.

And Whereas, also, besides those causes of dissension embraced in the foregoing amendments proposed to the Constitution of the United States, there are others which come within the jurisdiction of Congress, and may be remedied by its legislative power; and

Whereas, It is the desire of Congress, as far as its power will extend, to remove all just cause for the popular discontent and agitation which now disturb the peace of the country and threaten the stability of its institutions; therefore,

1. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the laws now in force for the recovery of fugitive slaves are in strict pursuance of the plain and mandatory provisions of the Constitution, and have been sanctioned as valid and constitutional by the judgment of the Supreme Court of the United States; that the slave-holding states are entitled to the faithful observance and execution of those laws, and that they ought not to be repealed or so modified or changed as to impair their efficiency; and that laws ought to be made for the punishment of those who attempt, by rescue of the slave or other illegal means, to hinder or defeat the due execution of said laws.

2. That all state laws which conflict with the fugitive-slave acts of Congress, or any other constitutional acts of Congress, or which, in their operation, impede, hinder, or delay the free course and due execution of any of said acts, are null and void by the plain provisions of the Constitution of the United States; yet those state laws, void as they are, have given color to practices, and led to consequences, which have obstructed the duo administration and execution of acts of Congress, and especially the acts for the delivery of fugitive slaves, and have thereby contributed much to the discord and commotion now prevailing. Congress, therefore, in the present perilous juncture, does not deem it improper respectfully and earnestly to recommend the repeal of those laws to the several states which have enacted them, or such legislative corrections or explanations of them as may prevent their being used or perverted to such mischievous purposes.

3. That the act of September 18, 1850, commonly called the Fugitive-slave Law, ought to be so amended as to make the fee of the commissioner, mentioned in the eighth section of the act, equal in amount in the cases decided by him, whether his decision be in favor of or against the claimant. And to avoid misconstruction, the last clause of the fifth section of said act, which authorizes the person holding a warrant for the arrest or detention of a fugitive slave to summon to his aid the posse comitatus, and which declares it to be the duty of all good citizens to assist him in its execution, ought to be so amended as to expressly limit the authority and duty to cases in which there shall be resistance, or danger of resistance, or rescue.

4. That the laws for the suppression of the African slave-trade, and especially those prohibiting the importation of slaves in the United States, ought to be made effectual, and ought to be thoroughly executed; and all further enactments necessary to those ends ought to be promptly made.

SOURCES: George Ticknor Curtis, Constitutional History of the United States from Their Declaration of Independence to the Close of Their Civil War, Volume 2 , p. 525-8 which sites as its source Congressional Globe, Part I., Second Session, Thirty-sixth Congress, p. 114, Dec. 18, 1860.