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The general provisions of the law for the drafting were wise and well matured, and the rules for the subordinate details were well digested and admirably administered by Colonel Fry and his bureau. It was a delicate and difficult task, but it was carried out with such patience, honesty, and thoroughness that nothing better could be done than copy it, if a future necessity for like work should arise. There was no good ground for complaint, and in those cases where, as in New York, hostile political leaders raised the cry of unfairness and provoked collision between the mob and the National authorities, the victims were proved to be the dupes of ignorance and malice.

The administration of the law was thoroughly vindicated, and if there were to be a draft at all, it could not be more fairly and justly enforced. There was room for difference of opinion as to some of the provisions of the law regarding exemption and substitution, but the most serious question was raised by the section which applied to old regiments and which had nothing to do with the enrolment and draft. This section directed that when regiments had become reduced in numbers by any cause, the officers of the regiment should be proportionately diminished.

As new regiments were still received and credited upon the State's liability under the draft, it of course resulted that the old regiments continued to decay. A public sentiment had been created which looked upon the draft as a disgrace, and the most extraordinary efforts were made to escape it. Extra bounties for volunteering were paid by counties and towns, and the combination of influences was so powerful that it was successful in most localities, and very few men were actually put in the ranks by the draft.

The offer of extra bounties to induce volunteering brought into existence "bounty-jumping," a new crime analogous to that of "repeating" at elections. A man would enlist and receive the bounty, frequently several hundred dollars, but varying somewhat in different places and periods. He would take an early opportunity to desert, as he had intended to do from the first. Changing his name, he would go to some new locality and enlist again, repeating the fraud as often as he could escape detection. The urgency to get recruits and forward them at once to the field, and the wide country which was open to recruiting, made the risk of punishment very small.

Occasionally one was caught, and he would of course be liable to punishment as a deserter. The final report of the provost-marshal-general mentions the case of a criminal in the Albany penitentiary, New York, who confessed that he had "jumped the bounty" thirty-two times. It deranged the natural political balance of the country by sending the most patriotic young men to the field, and thus giving an undue power to the disaffected and to the opponents of the administration.

This led to the State laws for allowing the soldiers to vote wherever they might be, their votes being certified and sent home. In its very nature this was a makeshift and a very dubious expedient to cure the mischief. It would not have been necessary if we had had at an early day a system of recruiting that would have drawn more evenly from different classes into the common service of the country. The military officers of the department and district had nothing to do with the enrolment and drafting, unless resistance to the provost-marshals should make military support for these officers necessary.

We had hoped to have large camps of recruits to be organized and instructed, but the numbers actually drafted in Ohio, in , were insignificant, for reasons already stated. Three or four very small post garrisons were the only forces at my command, and these were reduced to the minimum necessary to guard the prison camps and the depots of recruiting and supply. General Burnside had not come West with a purpose to content himself with the retiracy of a department out of the theatre of actual war. His department included eastern Kentucky, and afforded a base for operations in the direction of East Tennessee.

Lincoln had never lost his eagerness and zeal to give assistance to the loyal mountaineers, and had arranged with Burnside a plan of co-operation with Rosecrans by which the former should move from Lexington, Ky. This was better than the impracticable plan of , which aimed at the occupation of East Tennessee before Chattanooga had been taken, and the task was at last accomplished by the method now used. It was by no means the best or most economical method, which would have been to have but one strong army till Chattanooga were firmly in our hands, and then direct a subordinate column upon the upper Holston valley.

It was utterly impossible to keep up a line of supply for an army in East Tennessee by the wagon roads over the mountains. The railroad through Chattanooga was indispensable for this purpose. But Mr. Lincoln had not fully appreciated this, and was discontented that both Buell and Rosecrans had in turn paid little attention, as it seemed, to his desire to make the liberation of East Tennessee the primary and immediate aim of their campaigns.

He had therefore determined to show his own faith in Burnside, and his approval of the man, by giving him a small but active army in the field, and to carry out his cherished purpose by having it march directly over the Cumberland Mountains, whilst Rosecrans was allowed to carry out the plan on which the commanders of the Cumberland army seemed, in the President's opinion, too stubbornly bent. Burnside's old corps, the Ninth, was taken from the Army of the Potomac and sent to Kentucky, and a new corps, to be called the Twenty-third, was soon authorized, to contain the Tennessee regiments which had been in General Morgan's command, and two divisions made up of new regiments organized in Ohio, Indiana, and Illinois under the last call for volunteers.

To these were added several Kentucky regiments of different ages in service. Hartsuff was assigned to the Twenty-third. In a former chapter I have spoken of Hartsuff's abilities as a staff officer in West Virginia. He was wounded at the beginning of the engagement at Antietam, where he commanded a brigade in Hooker's corps. My own expectation was that he would make an excellent reputation as a corps commander, but it was not his fortune to see much continuous field service. His health was seriously affected by his wounds, and after a short trial of active campaigning he was obliged to seek more quiet employment.

The establishment of my headquarters at Cincinnati threw me once more into close personal relations with Burnside, and enabled me to learn his character more intimately. His adjutant-general's office was on East Fourth Street, and most of the routine work was done there. The general had his own quarters on Ninth Street, where he had also an office for himself and his aides-de-camp.

My own office and the official headquarters of the district were on Broadway below Fourth, in the house now occupied by the Natural History Society. There was thus near half a mile between us, though I was but a little way from the adjutant-general of the department, through whose office my regular business with the general went. Burnside, however, loved to discuss department affairs informally, and with the perfect freedom of unrestrained social intercourse. When he gave his confidence he gave it without reserve, and encouraged the fullest and freest criticism of his own plans and purposes.

His decisions would then be put in official form by the proper officers of the staff, and would be transmitted, though I was nearly always personally aware of what was to be ordered before the formal papers reached me. He had very little pride of opinion, and was perfectly candid in weighing whatever was contrary to his predilections; yet he was not systematic in his business methods, and was quite apt to decide first and discuss afterward.

He never found fault with a subordinate for assuming responsibility or acting without orders, provided he was assured of his earnest good purpose in doing so. In such cases he would assume the responsibility for what was done as cheerfully as if he had given the order. In like manner he was careless of forms himself, in doing whatever seemed necessary or proper, and might pass by intermediate officers to reach immediately the persons who were to act or the things to be done.

There was no intentional slight to any one in this: it was only a characteristic carelessness of routine. Martinets would be exasperated by it, and would be pretty sure to quarrel with him. No doubt it was a bad business method, and had its mischiefs and inconveniences. A story used to go the rounds a little later that soldiers belonging to the little army in East Tennessee were sometimes arrested at their homes and sent back as deserters, when they would produce a furlough written by Burnside on a leaf of his pocket memorandum-book, which, as they said, had been given by him after hearing a pitiful story which moved his sympathies.

Such inventions were a kind of popular recognition of his well-known neglect of forms, as well as of his kind heart. There was an older story about him, to the effect that, when a lieutenant in the army, he had been made post-quartermaster at some little frontier garrison, and that his accounts and returns got into such confusion that after several pretty sharp reminders the quartermaster-general notified him, as a final terror, that he would send a special officer and subject him and his papers to a severe scrutiny.

As the story ran, Burnside, in transparent honesty, wrote a cordial letter of thanks in reply, saying it was just what he desired, as he had been trying hard to make his accounts up, but had to confess he could do nothing with them, but was sure such an expert would straighten them. In my own service under him I often found occasion to supply the formal links in the official chain, so that business would move on according to "regulations;" but any trouble that was made in this way was much more than compensated by the generous trust with which he allowed his name and authority to be used when prompt action would serve the greater ends in view.

My habit was to go to his private quarters on Ninth Street, when the regular business of the day was over, and there get the military news and confer with him on pending or prospective business affecting my own district. His attractive personality made him the centre of a good deal of society, and business would drop into the background till late in the evening, when his guests voluntarily departed. Then, perhaps after midnight, he would take up the arrears of work and dictate letters, orders, and dispatches, turning night into day.

It not unfrequently happened that after making my usual official call in the afternoon, I had gone to my quarters and to bed at my usual hour, when I would be roused by an orderly from the general begging that I would come up and consult with him on some matter of neglected business. He was always bright and clear in those late hours, and when he buckled to work, rapidly disposed of it. He did not indulge much in retrospect, and rarely referred to his misfortunes in the Army of the Potomac.

On one or two occasions he discussed his Fredericksburg campaign with me. The delay in sending pontoons from Washington to Falmouth, which gave Lee time to concentrate at Fredericksburg, he reasonably argued, was the fault of the military authorities at Washington; but I could easily see that if his supervision of business had been more rigidly systematic, he would have made sure that he was not to be disappointed in his means of crossing the Rappahannock promptly.

As to the battle itself he steadily insisted that the advance of Meade's division proved that if all the left wing had acted with equal vigor and promptness, Marye's heights would have been turned and carried. It is due to him to repeat that in such discussions his judgment of men and their motives was always kind and charitable. I never heard him say anything bitter, even of those whom I knew he distrusted. At the time I am speaking of, Cincinnati was in a curious political and social condition.

The advance through Kentucky of Bragg and Kirby Smith in the preceding year had made it a centre for "rebel sympathizers. Now it seemed nearer to them, and the stimulus to personal activity was greater. There was always, in the city, a considerable and influential body of business men who were of Southern families; and besides this, the trade connections with the South, and the personal alliances by marriage, made a ground of sympathy which had noticeable effects.

There were two camps in the community, pretty distinctly defined, as there were in Kentucky. The loyal were ardently and intensely so. The disloyal were bitter and not always restrained by common prudence. A good many Southern women, refugees from the theatre of active war, were very open in their defiance of the government, and in their efforts to aid the Southern armies by being the bearers of intelligence. The "contraband mail" was notoriously a large and active one.

Burnside had been impressed with this condition of things from the day he assumed command. His predecessor had struggled with it without satisfactory results. It was, doubtless, impossible to do more than diminish and restrain the evil, which was the most annoying of the smaller troubles attending the anomalous half-military and half-civil government of the department. Within three weeks from his arrival in Cincinnati, Burnside was so convinced of the widespread and multiform activity of the disloyal element that he tried to subdue it by the publication of his famous General Order No.

The reading of the order gives a fair idea of the hostile influences he found at work, for of every class named by him there were numerous examples. The commanding general publishes, for the information of all concerned, that hereafter all persons found within our lines who commit acts for the benefit of the enemies of our country, will be tried as spies or traitors, and, if convicted, will suffer death.

This order includes the following classes of persons: Carriers of secret mails; writers of letters sent by secret mails; secret recruiting officers within the lines; persons who have entered into an agreement to pass our lines for the purpose of joining the enemy; persons found concealed within our lines, belonging to the service of the enemy; and, in fact, all persons found improperly within our lines who could give private information to the enemy; and all persons within our lines who harbor, protect, conceal, feed, clothe, or in any way aid the enemies of our country.

The habit of declaring sympathy for the enemy will not be allowed in this department. Persons committing such offences will be at once arrested with a view to being tried as above stated, or sent beyond our lines into the lines of their friends. It must be distinctly understood that treason, expressed or implied, will not be tolerated in this department. Quinine among drugs, and percussion caps among ordnance stores were the things they most coveted, and dealers in these carried on their trade under pretence of being spies for each side in turn.

But besides these who were merely mercenary, there were men and women who were honestly fanatical in their devotion to the Confederate cause. The women were especially troublesome, for they often seemed to court martyrdom. They practised on our forbearance to the last degree; for they knew our extreme unwillingness to deal harshly with any of their sex. Personally, I rated the value of spies and informers very low, and my experience had made me much more prone to contempt than to fear of them. But examples had to be made occasionally; a few men were punished, a few women who belonged in the South were sent through the lines, and we reduced to its lowest practical terms an evil and nuisance which we could not wholly cure.

The best remedy for these plots and disturbances at the rear always was to keep the enemy busy by a vigorous aggressive at the front.

We kept, however, a species of provost court pretty actively at work, and one or two officers were assigned to judge-advocate's duty, who ran these courts under a careful supervision to make sure that they should not fall into indiscretions. So long as the hand of military power was laid only on private persons who were engaged in overt acts of giving aid and comfort to the rebellion in the ways specified in Order No. But the time came when General Burnside seemed to be challenged by a public character of no little prominence to enforce his order against him.

The Vallandigham case became the sensation of the day, and acquired a singular historical importance. The noise which was made about it seemed to create a current opinion that Burnside's action was a new departure, and that his Order No. This was not so. In the preceding year, and about the time of his Emancipation Proclamation, the President had also proclaimed against treasonable practices in very emphatic terms.

He had declared that "all rebels and insurgents, their aiders and abettors, within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to rebels against the authority of the United States, shall be subject to martial law and liable to trial and punishment by courts-martial or military commission.

See also Order No. Official Records, vol. He was simply reiterating and carrying out in his department the declared purpose of the administration. Even in the matter of newspaper publications, his predecessor, General Wright, had felt obliged, upon Bragg and Kirby Smith's invasion of Kentucky, to put a stop to treasonable editorials and to the publication of military information likely to benefit the enemy. He issued a circular on September 13, , notifying the publishers of the Cincinnati papers that the repetition of such offence would be immediately followed by the suppression of the paper and the arrest and confinement of the proprietors and writers.

Freedom of speech and freedom of the press, precious relics of former history, must not be construed too largely. You must print nothing that prejudices government or excites envy, hatred, and malice in a community. Persons in office or out of office must not be flattered or abused. Don't publish an account of any skirmish, battle, or movement of an army, unless the name of the writer is given in full and printed. I wish you success; but my first duty is to maintain 'order and harmony. Clement L. Vallandigham had been representative in Congress of the Montgomery County district of Ohio, and lived at Dayton.

He was a man of intense and saturnine character, belligerent and denunciatory in his political speeches, and extreme in his views. He was the leader in Ohio of the ultra element of opposition to the administration of Mr. Lincoln, and a bitter opponent of the war. He would have prevented the secession of the Southern States by yielding all they demanded, for he agreed with them in thinking that their demands for the recognition of the constitutional inviolability of the slave system were just. After the war began he still advocated peace at any price, and vehemently opposed every effort to subdue the rebellion.

To his mind the war was absolutely unconstitutional on the part of the national government, and he denounced it as tyranny and usurpation. His theory seemed to be that if the South were "let alone," a reconstruction of the Union could be satisfactorily effected by squelching the anti-slavery agitation, and that the Western States, at any rate, would find their true interest in uniting with the South, even if the other Northern States should refuse to do so. Beyond all question he answered to the old description of a "Northern man with Southern principles," and his violence of temper made it all a matter of personal hatred with him in his opposition to the leaders of the party in power at the North.

His denunciations were the most extreme, and his expressions of contempt and ill-will were wholly unbridled. He claimed, of course, that he kept within the limits of a "constitutional opposition," because he did not, in terms, advise his hearers to combine in armed opposition to the government. About the first of May he addressed a public meeting at Mount Vernon in central Ohio, where, in addition to his diatribes against the Lincoln administration, he denounced Order No. His words were noted down in short-hand by a captain of volunteers who was there on leave of absence from the army, and the report was corroborated by other reputable witnesses.

The Private Life of Napoleon Bonaparte, v1 by Constant

He charged the administration with designing to erect a despotism, with refusing to restore the Union when it might be done, with carrying on the war for the liberation of the blacks and the enslavement of the whites. He declared that the provost-marshals for the congressional districts were intended to restrict the liberties of the people; that courts-martial had already usurped power to try citizens contrary to law; that he himself would never submit to the orders of a military dictator, and such were Burnside and his subordinates; that if those in authority were allowed to accomplish their purposes, the people would be deprived of their liberties and a monarchy established.

Such and like expressions, varied by "trampling under his feet" Order No. When the report was made to Burnside and he had satisfied himself of its substantial truth, he promptly accepted the challenge to test the legality of his order, and directed the arrest of Mr.

It was characteristic of him that he did not consult with his subordinates or with lawyers. He did not even act through my district organization, but sent his own aide-de-camp with a guard to make the arrest at Dayton. My recollection is that I did not know of the purpose till it was accomplished. His reason for direct action, no doubt, was that if there were many links in the chain of routine, there were multiplied chances of failure. He did not want to be baffled in the arrest, or to give the opportunity for raising a mob, which there would be if his purposes were to become known in advance, The arrest was made in the early morning of the 5th of May, before dawn, and the prisoner was brought to Cincinnati.

He was at first taken under guard to the Burnet House, where he breakfasted, and was then put in the military prison connected with the houses used as barracks for the troops in the city. A military commission had been ordered on the 21st of April from Department Headquarters for the trial of the classes of offenders named in Order No. Potter of the Ninth Corps was President. General Potter was a distinguished officer throughout the war. He was a brother of Clarkson N. Potter, the prominent lawyer and Democratic member of Congress later, and both were sons of the Episcopal Bishop Potter of Pennsylvania.

The character of the whole court was very high for intelligence and standing. Before this court Mr.


Vallandigham was arraigned on the charge of publicly expressing sympathy with those in arms against the government, and uttering disloyal sentiments and opinions with intent to weaken the power of the government in its efforts to suppress the rebellion. Vallandigham consulted with the Hon. George E.

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Pugh and others as his counsel, and then adopted the course of protesting against the jurisdiction of the court and against the authority for his arrest. His grounds were that he was not amenable to any military jurisdiction, and that his public speech did not constitute an offence known to the Constitution and laws. To avoid the appearance of waiving the question of jurisdiction, his counsel did not appear, though offered the opportunity to do so, and Mr.

Vallandigham cross-examined the witnesses himself, and called those who testified for him. The question of fact raised by him was that he had not advised forcible resistance to the government, but had urged action at the elections by defeating the party in power at the polls. That he did not in terms advocate insurrection was admitted by the judge advocate of the court, but the commission were persuaded that the effect of his speech was intended and well calculated to be incendiary, and to arouse any kind of outbreak in sympathy with the armed enemies of the country.

The finding of the court was that the prisoner was guilty, as charged, and the sentence was close confinement in Fort Warren, Boston harbor, during the continuance of the war. On the 9th of May Mr. Vallandigham's arrest and trial might be tested. The court directed notice of the application to be given to the general, and set the 11th for the hearing.

The case was elaborately argued by Mr. Pugh for the prisoner, and by Mr. Aaron F. The hearing occupied several days, and the judgment of the court was given on the morning of the 16th. Judge Leavitt refused the writ on the ground that, civil war being flagrant in the land, and Ohio being under the military command of General Burnside by appointment of the President, the acts and offences described in General Order No.

General Burnside had awaited the action of the court, and now promulgated the sentence under the judgment of the military commission. Three days later May 19th the President commuted the sentence by directing that Mr. Vallandigham be sent "under secure guard, to the headquarters of General Rosecrans, to be put by him beyond our military lines, and that in case of his return within our line, he be arrested and kept in close custody for the term specified in his sentence. The Confederate officials adopted a careful policy of treating him courteously without acknowledging that he was one of themselves, and facilities were given him for running the blockade and reaching Canada.

There he established himself on the border and put himself in communication with his followers in Ohio, by whom he was soon nominated for the Governorship of the State. The case, of course, excited great public interest, and was, no doubt, the occasion of considerable embarrassment to the administration. Lincoln dealt with it with all that shrewd practical judgment for which he was so remarkable, and in the final result it worked to the political advantage of the National cause.

Sending Vallandigham beyond the lines took away from him the personal sympathy which might have been aroused had he been confined in one of the casemates of Fort Warren, and put upon him an indelible badge of connection with the enemies of the country. The cautious action of the Confederates in regard to him did not tend to remove this: for it was very apparent that they really regarded him as a friend, and helped him on his way to Canada in the expectation that he would prove a thorn in Mr.

Lincoln's side. The President's proposal to the leading politicians who applied to him to rescind the sentence, that as a condition of this they should make certain declarations of the duty to support the government in a vigorous prosecution of the war, was a most telling bit of policy on his part, and took the sting entirely out of the accusations of tyranny and oppression.

It must be admitted, however, that the case was one in which the administration ought to have left Burnside wholly untrammelled in carrying out the proclamation of September 25, , or should have formulated a rule for its military officers, so that they would have acted only in accordance with the wishes of the government, and in cases where the full responsibility would be assumed at Washington.

When Burnside arrested Mr. Vallandigham, the Secretary of War telegraphed from Washington his approval, saying, "In your determination to support the authority of the government and suppress treason in your department, you may count on the firm support of the President. He read to me on June 7th a letter from Mr. Stanton, which practically revoked the whole of his Order No. This would have been very well if it had been done at the beginning; but to have it come after political pressure from the outside, and in so marked contradiction to the approval first expressed, shows that there was no well-considered policy.

It put Burnside himself in an intolerable position, and, of course, made him decline further responsibility for such affairs in his department. Stanton above referred to; but I speak of it from a written memorandum I made at the time. Had I been consulted before Burnside took action, I should have advised him to collect carefully the facts and report them to Washington, asking for specific instructions. The subject called for directions which would be applicable in all the military departments which included States out of the theatre of active warlike operations; and such general directions should be given by the government.

But Burnside was apt to act impulsively, and his impulse was to follow the bent of his ardent patriotism. He was stirred to burning wrath by what seemed to him an intent to give aid and comfort to the rebellion, and meant to punish such conduct without stopping to ask what complications might come of it.

I had found it desirable to form a judgment of my own with reference to the extent or limitation of military authority in the actual circumstances, and I quote the form in which I then cast it, so that I may not seem to be giving opinions formed after my own military duties were ended. Second; That when the struggle is in the nature of a revolution, and so long as the attempted revolution is in active progress, no definite limits can be given to the 'theatre of operations,' but the administration must be regarded as possessing a limited discretionary power in the use of martial law.

In a State or portion of the country not the theatre of actual fighting, and where the civil courts are actually organized and working, there must be some strong reason for sending criminals or State prisoners before a military tribunal; such as that the government had reason to believe that a conspiracy was so powerful as to make an actual present danger of its overthrowing the loyal governments in some of the States before the civil courts could act in the ordinary process of business.

In such a case, the arrest and admission to bail of the conspirators might be only the signal for their adherents to seize the reins of civil power, overthrow the courts, and consummate a revolution. The quick and summary action of military power would then be the only thing which could avert the danger. The justification of the use of a military tribunal depends on the existence of 'probable cause' for believing the public danger to be great.

The limitations given it seem sufficient to secure proper caution in applying it, and will show that I thought then, as I do now, that the administration ought to have laid down rules by which the commandants of military departments could be guided, and which would have saved us from the weakness of acting with seeming vigor on one day, only to retreat from our position the next. In Vallandigham's case the common argument was used by his friends that he was not exceeding a lawful liberty of speech in political opposition to the administration.

When, however, a civil war is in progress, it is simply a question of fact whether words used are intended to give aid and comfort to the enemy and are evidence of conspiracy with the public enemy. If so, it is too clear for argument that the overt acts of the enemy are brought home to all who combine and confederate with them, and all are involved in the same responsibility.

This question of fact and intent was officially settled by the findings of the military court. But there was another connection of the speech with overt acts, which the public mind took firm hold of. Among the most incendiary of Vallandigham's appeals had been those which urged the people to resist the provost-marshals in the several districts.

It is nonsense to say that resisting the draft or the arrest of deserters only meant voting for an opposition party at the elections. There had been armed and organized resistance to arrest of deserters in Noble County just before his speech, and soon after it there was a still more formidable armed organization with warlike action against the enrolling officers in Holmes County, in the same region in which the speech was made. This last took the form of an armed camp, and the insurgents did not disperse till a military force was sent against them and attacked them in fortified lines, where they used both cannon and musketry.

It did not seem plausible to the common sense of the people that we could properly charge with volleying musketry upon the barricades of the less intelligent dupes, whilst the leader who had incited and counselled the resistance was to be held to be acting within the limits of proper liberty of speech.

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Law and common sense are entirely in harmony in regarding the conspiracy as a unit, the speech at Mount Vernon and the armed collision on the Holmes County hill being parts of one series of acts in which the instigator was responsible for the natural consequences of the forces he set in motion. To complete the judicial history of the Vallandigham case, it may be said that he applied to the Supreme Court of the United States a few months afterward for a writ to revise and examine the proceedings of the military commission and to determine their legality.

The court dismissed his application on the ground that the writ applied for was not a legal means of bringing the proceedings of the military court under review. The charges and specifications and the sentence were all set forth in the application, so that the court was made officially aware of the full character of the case. This was naturally accepted at the time as practically sustaining the action of the President and General Burnside.

When, however, the war was over, there was taken up to the Supreme Court the case of Milligan from Indiana, who had been condemned to death for treasonable conduct in aid of the rebellion, done as a member of the Knights of the Golden Circle, an organization charged with overt acts in attempting to liberate by force the Confederate prisoners of war in the military prisons, and otherwise to assist the rebellion.

The current public sentiment in regard to executive power had unquestionably changed with the return to peace, and Lincoln having been assassinated and Johnson being in the presidential chair, the tide was running strongly in favor of congressional rather than executive initiative in public affairs. It cannot be denied that the court responded more or less fully to the popular drift, then as in other important historical junctures. In the opinion as delivered by Judge Davis, it went all lengths in holding that the military commission could not act upon charges against a person not in the military service, and who was a citizen of the State where tried, when in such State the civil courts were not actually suspended by the operations of war.

Chief Justice Chase and three of the justices thought this was going too far, and whilst concurring in discharging Milligan, held that Congress could authorize military commissions to try civilians in time of actual war, and that such military tribunals might have concurrent jurisdiction with the civil courts. Jefferson, Jackson, and Lincoln in turn found themselves in exigencies where they held it to be their duty to decide for themselves on their high political responsibility in matters of constitutional power and duty.

When Congress passed a regulating act on the subject which seemed to him sufficient, he signed the statute because he was quite willing to limit his action by the provisions embodied in it, and not because he thought the act necessary to confer the power. An incident in the history of the treasonable organizations believed to exist in Indiana emphasizes the change of mental attitude of Judge Davis between and During the progress of the Vallandigham case, General Burnside conceived a distrust of the wisdom of the course pursued by Brigadier-General Carrington, who commanded at Indianapolis, and sent Brigadier-General Hascall there to command that district.

Carrington had been the right hand of Governor Morton in ferreting out the secrets of the Golden Circle, and applying Order No, 38 to them, but Burnside's lack of confidence in the cool-headed caution and judgment of his subordinate led him to make the change.

Hascall was a brave and reliable Indiana officer, who had seen much active field service, and with whom I was associated in the Twenty-third Corps during the Atlanta campaign. He was ardently loyal, but an unexcitable, matter-of-fact sort of person. He did not suit Governor Morton, who applied to the Secretary of War to have him removed from command, declaring that immediate action was important. Judge Davis, who was in Indianapolis, was induced to co-operate with the governor in the matter, and telegraphed to Mr.

Stanton that Hascall's removal was demanded by the honor and interests of the government. In the continued investigation and prosecution of the Golden Circle, and finally in the trial of Milligan, General Carrington was, under Governor Morton, the most active instrument; and it was, of course, to keep him at work on that line that the changes in command were secured. Yet it was the fruit of this very work of Carrington that was so strongly and sweepingly declared to be illegal by the Supreme Court, Judge Davis himself delivering the opinion and going beyond the chief-justice and others in denying all power and authority to military courts in such cases.

Had Mr. Lincoln lived, he would no doubt have avoided any question before the Supreme Court in regard to his authority, by pardoning Milligan as he granted amnesty to so many who had been active in the rebellion. Johnson was so much hampered by his quarrel with Congress over reconstruction that he was disposed to avoid interference with criminal cases where his action could subject him to the charge of sympathy with the accused.

Fegelein’s Horsemen and Genocidal Warfare

He carefully abstained from meddling with Jefferson Davis as he did with Milligan, and left the responsibility with the courts. The final development of the investigation of the Society of the Golden Circle took place after I had again obtained a field command, and I was glad to have no occasion to form a personal judgment about it. The value of evidence collected by means of detectives depends so greatly on the character of the men employed and the instructions under which they act, that one may well suspend judgment unless he has more than ordinarily full knowledge on these points.

I have mentioned the open resistance to the draft and to the arrest of deserters in Noble and in Holmes counties. The first of these was scarcely more than a petty riotous demonstration, which melted away before the officers as soon as they were able to show that they were backed by real power. The second looked for a time more formidable, and assumed a formal military organization. Governor Tod issued a proclamation warning the offenders of the grave consequences of their acts, and exhorting them for their own sake and the sake of their families to disperse and obey the laws.

I directed General Mason at Columbus to be sure, if military force had to be used, that enough was concentrated to make stubborn resistance hopeless. The insurgents maintained a bold face till the troops were close upon them; but when they saw a strong line of infantry charging up toward the stone fences on the hillside where they had made their camp, and heard the whistling of bullets from the skirmishers, their courage gave way and they fled, every man for himself.

Only two or three were seriously wounded, and comparatively few arrests were made. The fear of further prosecutions operated to preserve the peace, and the men who had been allowed to go at large were a guaranty, in effect, for the good behavior of the community. Before dropping the subject, I may properly add that the arrest of Mr. Vallandigham very naturally raised the question how far we were willing to go in bringing disloyal men before the military courts. Prominent citizens, and especially men in official position, often found themselves urged to ask for the arrest of the more outspoken followers of Vallandigham in every country neighborhood.

In answer to inquiries which had come through the Hon. District Court for northern Ohio. Judge Welker had served as Judge Advocate on my staff in the three months' service in the spring of , and my intimacy with him made me speak as to our policy without reserve. If such shall be the result we can afford to overlook bygones, and I am inclined to await the development of public sentiment before following up Vallandigham's arrest by many others.

Burnside's action in suppressing disloyal newspapers was not peculiar to himself. General Wright, his predecessor, had done the same, and other military commandants, both before and after and in other parts of the country, had felt obliged to take the same course. These facts only make more clear the desirability of a well-considered system of action determined by the government at Washington, and applicable to all such cases. Burnside was not a man to be satisfied with quasi-military duty and the administration of a department outside of the field of active warfare.

He had been reappointed to the formal command of the Ninth Corps before he came West, and the corps was sent after him as soon as transportation could be provided for it. He reached Cincinnati in person just as a raid into Kentucky by some Confederate cavalry under Brigadier-General John Pegram was in progress. He spread reports that he was the advance-guard of a large force of all arms intending a serious invasion of the State. These exaggerations had their effect, and the disturbance in the Department of the Ohio was out of proportion to the strength of the hostile column.

They saved the railway bridge from destruction, and Brigadier-General Quincy A. Gillmore, who commanded the District of Central Kentucky with headquarters at Lexington, was able to concentrate there a sufficient force to resume the offensive against Pegram. Burnside ordered reinforcements to Gillmore from the other parts of Kentucky, and Pegram, whose report indicates that a foray for beef, cattle, and horses was the principal object of his expedition, commenced his retreat.

Gillmore followed him up vigorously, recapturing a considerable part of the cattle he had collected, and overtaking his principal column at Somerset, routed him and drove him beyond the Cumberland River. The month of March had begun with pleasant spring weather, and on the 15th General Wright had written to Halleck that an invasion of Kentucky was probable, especially as Rosecrans showed no signs of resuming the aggressive against Bragg's army in middle Tennessee.

He recommended building block-houses to protect the principal bridges on the railroads, where very small garrisons could give comparative security to our lines of communication. This plan was ultimately carried out on a large scale, and was the necessary condition of Sherman's Atlanta campaign of Taken as a whole, Halleck's instructions to Burnside presented no definite objective, and were a perfunctory sort of introduction to his new command, which raises a doubt whether the organization of a little army in the Department of the Ohio met his approval.

The fact was that Burnside was acting on an understanding with President Lincoln himself, whose ardent wish to send a column for the relief of the loyal people of East Tennessee never slumbered, and who was already beginning to despair of its accomplishment by Rosecrans's army. The uneasiness at Washington over Rosecrans's inaction was becoming acute, and Mr. Lincoln was evidently turning to Burnside's department in hope of an energetic movement there.

In this hope Burnside was sent West, and the Ninth Corps was detached from the Army of the Potomac and sent after him. The project of following up his advance by the construction of a railroad from Danville, then the terminus of the railway line reaching southward from Cincinnati, was discussed, and the President recommended it to Congress, but no appropriation of money was made.

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The scheme was hardly within the limits of practicable plans, for the building of a railway through such difficult country as the Cumberland mountain region implied laborious engineering surveys which could only be made when the country was reduced to secure possession, and the expenditure of time as well as of money would be likely to exceed the measure of reasonable plans for a military campaign. The true thing to do was to push Rosecrans's army to Chattanooga and beyond. With the valley of the Tennessee in our possession, and Chattanooga held as a new base of supply for a column in East Tennessee as well as another in Georgia, the occupation of Knoxville and the Clinch and Holston valleys to the Virginia line was easy.

Without it, all East Tennessee campaigns were visionary. It was easy enough to get there; the trouble was to stay. Buell's original lesson in logistics, in which he gave the War Department a computation of the wagons and mules necessary to supply ten thousand men at Knoxville, was a solid piece of military arithmetic from which there was no escape. He began at once an engineering reconnoissance of the country south of Lexington and Danville, as far as it was within our control, and employed an able civil engineer, Mr.

Gunn, to locate the preliminary line for a railway. Burnside also urged that the troops in Kentucky, exclusive of the Ninth Corps, be organized into a new corps with General Hartsuff as its commander. As soon as Hartsuff assumed command of the new Twenty-third Corps, Burnside sent him, on May 3d, to visit Rosecrans in person, giving him authority to arrange an aggressive campaign.

Rosecrans hesitated to decide, and called a council of his principal officers. He suggested that the Ninth Corps be sent down the Louisville and Nashville Railroad to Glasgow, near the Tennessee line, but did not indicate any immediate purpose of advancing. Johnston a force with which to relieve Pemberton at Vicksburg, and he became urgent for both Rosecrans and Burnside to advance. Burnside hastened in good faith his preparations for movement. He was collecting a pack mule train to supply the lack of wagons, and put his detachments in motion to concentrate.

He begged for the third division of his corps Getty's , which had been detained in the Army of the Potomac and could not yet be spared, but did not wait for it. There he was met by an order from Halleck to send men at once to reinforce General Grant at Vicksburg.

Burnside never hesitated in obedience. The two divisions of the Ninth Corps made about the number required, and they were immediately turned back and ordered to the Ohio River to be shipped on steamboats. Sorely disappointed, Burnside asked that he might go with his men, but was told that his departmental duties were too important to spare him from them.

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Burnside returned to Cincinnati, grieving at the interruption of his plans, yet hoping it would not be for long. There would be a "Please Convert" link for unconverted manuscripts in Gutenburg, et al. This is the only interface that makes sense. The inherent nature of cost-efficiency is the re-use of information and it's packaging into a user friendly format. The inherent costs of scanning, vetting, legal clearing, and other numerous trivialities have prevented a usability philosophy in public domain content.

Consistent formatting and portrayal enables future exploitation without re-architecting; just re-implementing. But in the conversations on this microscopic issue I detect the inherent creep of bureaucratic mentality and stagnation. This is exhibited by a mind-set that focuses on established process and ignores potential interoperability. At one point I envisioned being able to help with architecture and inter-activity of Wiki systems and external providers, but I detect the same "built-here" mentality and technical naivete that pervades the public domain providers.

The best to you in your endevors. Ghost Out. CrankyLibrarian project [ edit ] CrankyLibrarian has kindly decided to assist us pull his collection into Wikisource.

  • Table of contents;
  • Havering History Cameos.
  • Copyright:.
  • The SS Cavalry Brigade in the Soviet Union.
  • Too bad there aren't pagescans to go with it, but oh well. It's going to take forever to do those author pages, I must say. Then we could have a "notes" column, or an "action" column to record whether we want to import it or not, or whether it needs to be manually merged into our copy. Simple notes after each entry should suffice. I presume that this is all happening because he wants to get out of the text hosting business.