"I halted at Bull Run to water my horses—then suffering—and to confer a moment or two with my gallant old commander, General Philip St. George Cocke.

"I passed on, ... when to my astonishment I saw the President near me in the orchard. I immediately rode up to him, and said that he was much farther forward than he should be; that the forces of the enemy were not entirely broken, and very few of our troops in front of the Run, and advised him to retire; that I was then about to charge....

"We made the charge; a small body of the enemy broke before we reached them, and scattered, and the larger body of troops beyond proved to be of our own troops rapidly advancing upon our left.... After parting from the President, I pushed on to Sudley Church, and far beyond. Sent my surgeon, Dr. Randolph Barksdale, to Captains Tillinghast, Ricketts, and other badly wounded United States officers, and was going on until a superior force should stop me, but was recalled by an order and returned over the field to my quarters at Manassas a little before daylight—I and my little gallant squadron—having been actively in the saddle, I think, more than twenty hours....

(Signed) "John F. Lay,

"Late Colonel of Cavalry, C. S. A.

"N.B.: It may be well to add that General R. Lindsey Walker (then Captain Walker, of the battery referred to) is now in my office, and confirms my recollection.... J. F. L."

The quartermaster-general of General Beauregard's command, W. L. Cabell, states in a letter written at Dallas, Texas, on the 16th of August, 1880, in regard to the field transportation of General Beauregard's forces before the battle of Manassas, that as nearly as he could remember it was as follows, viz.:

One four-horse wagon to each company. One " " " for field and staff (regimental). One " " " " ammunition. One " " " " hospital purposes. Two " " wagons " each battery of artillery. Twenty-five wagons in a train for depot purposes. One ambulance for each regiment.

Transportation belonging to General Johnston's army did not arrive until the day (or probably two days) after the battle.

If General Johnston, as stated, had nine thousand infantry, the field transportation reported above could surely have been distributed so as to supply this additional force, and have rendered, as General Early states, the pretense wholly untenable that the advance in July, 1861, was prevented by want of transportation.

The deep anxiety which had existed, and was justified by the circumstances, had corresponding gratification among all classes and in all sections of our country. On the day after the victory, the Congress, then sitting in Richmond, upon receiving the dispatch of the President from the field of Manassas, adopted resolutions expressive of their thanks to the most high God, and inviting the people of the Confederate States to offer up their united thanksgiving and praise for the mighty deliverance. The resolutions also deplored the necessity which had caused the soil of our country to be stained with the blood of its sons, and to their families and friends offered the most cordial sympathy; assuring them that in the hearts of our people would be enshrined "the names of the gallant dead as the champions of free and constitutional liberty."

If universal gratulation at our success inspired an overweening confidence, it also begat increased desire to enter the military service; and, but for our want of arms and munitions, we could have enrolled an army little short of the number of able-bodied men in the Confederate States.

I have given so much space to the battle of Manassas because it was the first great action of the war, exciting intense feeling, and producing important moral results among the people of the Confederacy; and further, because it was made the basis of misrepresentation, and unjust reflection upon the chief Executive, which certainly had no plausible pretext in the facts, and can not be referred to a reasonable desire to promote the successful defense of our country.

Impressed with the conviction that time would naturally work to our disadvantage, as training was more necessary to make soldiers of the Northern people than of our own; and further, because of their larger population, as well as their greater facility in obtaining recruits from foreign countries, the Administration continued assiduously to exert every faculty to increase the efficiency of the army by addition to its numbers, by improving its organization, and by supplying the needful munitions and equipments. Inactivity is the prolific source of evil to an army, especially if composed of new levies, who, like ours, had hurried from their homes at their country's call. For these, and other reasons more readily appreciated, it was thought desirable that all our available forces should be employed as actively as might be practicable.

On the 1st of August, 1861, I wrote to General J. E. Johnston, at Manassas, as follows:

"We are anxiously looking for the official reports of the battle of Manassas, and have present need to know what supplies and wagons were captured. I wish you would have prepared a statement of your wants in transportation and supplies of all kinds, to put your army on a proper footing for active operations....

"I am, as ever, your friend,

(Signed) "Jefferson Davis."

[Footnote 179: The foregoing was copied from "The Land we Love," for February, 1867 (vol. ii, No. 4).]

[Footnote 180: General Beauregard's report.]

[Footnote 181: General McDowell's return, July 16, 17, 1861.]



CHAPTER VIII.

The Kentucky Resolutions of 1798-'99.—Their Influence on Political Affairs.—Kentucky declares for Neutrality.—Correspondence of Governor Magoffin with the President of the United States and the President of the Confederate States.—Occupation of Columbus, Kentucky, by Major-General Polk.—His Correspondence with the Kentucky Commissioners.—President Lincoln's View of Neutrality.—Acts of the United States Government.—Refugees.—Their Motives of Expatriation.—Address of ex-Vice-President Breckinridge to the People of the State.—The Occupation of Columbus secured.—The Purpose of the United States Government.—Battle of Belmont.—Albert Sidney Johnston commands the Department.—State of Affairs.—Line of Defense.-Efforts to obtain Arms; also Troops.

Kentucky, the eldest daughter of Virginia, had moved contemporaneously with her mother in the assertion of the cardinal principles announced in the resolutions of 1798-'99. She then by the properly constituted authority did with due solemnity declare that the Government of the United States was the result of a compact between the States to which each acceded as a State; that it possessed only delegated powers, of which it was not the exclusive or final judge; and that, as in all cases of compact among parties having no common judge, "each party has an equal right to judge for itself as well of infractions as of the mode and measure of redress." Thus spoke Kentucky in the first years of her existence as a sovereign. The great truth announced in her series of resolutions was the sign under which the Democracy conquered in 1800, and which constituted the corner-stone of the political edifice of which Jefferson was the architect, and which stood unshaken for sixty years from the time its foundation was laid. During this period, the growth, prosperity, and happiness of the country seemed unmistakably to confirm the wisdom of the voluntary union of free sovereign States under a written compact confining the action of the General Government to the expressly enumerated powers which had been delegated therein. When infractions of the compact had been deliberately and persistently made, when the intent was clearly manifested to pervert the powers of the General Government from the purposes for which they had been conferred, and to use them for the injury of a portion of the States, which were the integral parties to the compact, some of them resolved to judge for themselves of the "mode and measure of redress," and to exercise the right, enunciated in the Declaration of Independence to be the unalienable endowment of every people, to alter or abolish any form of government, and to institute a new one, "laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." By no rational mode of construction, in view of the history of the Declaration of Independence, or of the resolutions of Kentucky, can it be claimed that the word "people" had any other meaning than that of a distinct community, such as the people of each colony who by their delegates in the Congress declared themselves to be henceforth a State; and that none other than the people of each State could, by the resolutions of 1798-'99, have been referred to as the final judge of infractions of their compact, and of the remedy which should be applied.

Kentucky made no decision adverse to this right of a State, but she declared, in the impending conflict between the States seceding from and those adhering to the Federal Government, that she would hold the position of neutrality. If the question was to be settled by a war of words, that was feasible; but, if the conflict was to be one of arms, it was utterly impracticable. To maintain neutrality under such circumstances would have required a power greater than that of both the contestants, or a moral influence commanding such respect for her wishes as could hardly have been anticipated from that party which had, in violation of right, inflicted the wrongs which produced the withdrawal of some of the States, and had uttered multiplied threats of coercion if any State attempted to exercise the rights defined in the resolutions of 1798-'99. If, however, any such hope may have been entertained, but few moons had filled and waned before the defiant occupation of her territory and the enrollment of her citizens as soldiers in the army of invasion must have dispelled the illusion.

The following correspondence took place in August, between Governor Magoffin, of Kentucky, and President Lincoln—also between the Governor and myself, as President of the Confederate States—relative to the neutrality of the State:

"Commonwealth of Kentucky, Executive Department,

"Frankfort, August 19,1861.

To his Excellency Abraham Lincoln, President of the United States.

"Sir: From the commencement of the unhappy hostilities now pending in this country, the people of Kentucky have indicated an earnest desire and purpose, as far as lay in their power, while maintaining their original political status, to do nothing by which to involve themselves in the war. Up to this time they have succeeded in securing to themselves and to the State peace and tranquillity as the fruits of the policy they adopted. My single object now is to promote the continuance of these blessings to this State.

"Until within a brief period the people of Kentucky were quiet and tranquil, free from domestic strife, and undisturbed by internal commotion. They have resisted no law, rebelled against no authority, engaged in no revolution, but constantly proclaimed their firm determination to pursue their peaceful avocations, earnestly hoping that their own soil would be spared the presence of armed troops, and that the scene of conflict would be kept removed beyond the border of their State. By thus avoiding all occasions for the introduction of bodies of armed soldiers, and offering no provocation for the presence of military force, the people of Kentucky have sincerely striven to preserve in their State domestic peace and avert the calamities of sanguinary engagements.

"Recently a large body of soldiers have been enlisted in the United States army and collected in military camps in the central portion of Kentucky. This movement was preceded by the active organization of companies, regiments, etc., consisting of men sworn into the United States service, under officers holding commissions from yourself. Ordnance, arms, munitions, and supplies of war are being transported into the State, and placed in large quantities in these camps. In a word, an army is now being organized and quartered within the State, supplied with all the appliances of war, without the consent or advice of the authorities of the State, and without consultation with those most prominently known and recognized as loyal citizens. This movement now imperils that peace and tranquillity which from the beginning of our pending difficulties have been the paramount desire of this people, and which, up to this time, they have so secured to the State.

"Within Kentucky there has been, and is likely to be, no occasion for the presence of military force. The people are quiet and tranquil, feeling no apprehension of any occasion arising to invoke protection from the Federal arm. They have asked that their territory be left free from military occupation, and the present tranquillity of their communication left uninvaded by soldiers. They do not desire that Kentucky shall be required to supply the battle-field for the contending armies, or become the theatre of the war.

"Now, therefore, as Governor of the State of Kentucky, and in the name of the people I have the honor to represent, and with the single and earnest desire to avert from their peaceful homes the horrors of war, I urge the removal from the limits of Kentucky of the military force now organized and in camp within the State. If such action as is here urged be promptly taken, I firmly believe the peace of the people of Kentucky will be preserved, and the horrors of a bloody war will be averted from a people now peaceful and tranquil.

"I am, very respectfully, your obedient servant,

"B. Magoffin."

"Washington, August 24, 1861.

"To his Excellency B. Magoffin, Governor of the State of Kentucky.

"Sir: Your letter of the 19th instant, in which you 'urge the removal from the limits of Kentucky of the military force now organized and in camp within that State,' is received.

"I may not possess full and precisely accurate knowledge upon this subject; but I believe it is true that there is a military force in camp within Kentucky, acting by authority of the United States, which force is not very large, and is not now being augmented.

"I also believe that some arms have been furnished to this force by the United States.

"I also believe this force consists exclusively of Kentuckians, having their camp in the immediate vicinity of their own homes, and not assailing or menacing any of the good people of Kentucky.

"In all I have done in the premises, I have acted upon the urgent solicitation of many Kentuckians, and in accordance with what I believed, and still believe, to be the wish of a majority of all the Union-loving people of Kentucky.

"While I have conversed on this subject with many of the eminent men of Kentucky, including a large majority of her members of Congress, I do not remember that any one of them, or any other person except your Excellency and the bearers of your Excellency's letter, has urged me to remove the military force from Kentucky, or to disband it. One very worthy citizen of Kentucky did solicit me to have the augmenting of the force suspended for a time.

"Taking all the means within my reach to form a judgment, I do not believe it is the popular wish of Kentucky that this force shall be removed beyond her limits; and, with this impression, I must respectfully decline to so remove it.

"I most cordially sympathize with your Excellency in the wish to preserve the peace of my own native State, Kentucky. It is with regret I search for, and can not find, in your not very short letter, any declaration or intimation that you entertain any desire for the preservation of the Federal Union.

"Your obedient servant, A. Lincoln."

"Commonwealth of Kentucky, Executive Department,

"Frankfort, August 24, 1861.

"Hon. Jefferson Davis, Richmond, Virginia.

"Sir: Since the commencement of the unhappy difficulties pending in the country, the people of Kentucky have indicated a steadfast desire and purpose to maintain a position of strict neutrality between the belligerent parties. They have earnestly striven by their policy to avert from themselves the calamity of war, and protect their own soil from the presence of contending armies. Up to this period they have enjoyed comparative tranquillity and entire domestic peace.

"Recently a military force has been enlisted and quartered by the United States authorities within this State. I have on this day addressed a communication and dispatched commissioners to the President of the United States, urging the removal of these troops from the soil of Kentucky, and thus exerting myself to carry out the will of the people in the maintenance of a neutral position. The people of this State desire to be free from the presence of the soldiers of either belligerent, and to that end my efforts are now directed.

"Although I have no reason to presume that the Government of the Confederate States contemplate or have ever proposed any violation of the neutral attitude thus assumed by Kentucky, there seems to be some uneasiness felt among the people of some portion of the State, occasioned by the collection of bodies of troops along their southern frontier. In order to quiet this apprehension, and to secure to the people their cherished object of peace, this communication is to present these facts and elicit an authoritative assurance that the Government of the Confederate States will continue to respect and observe the position indicated as assumed by Kentucky.

"Very respectfully, your obedient servant,

"B. Magoffin."

"Richmond, August 28, 1861.

"To Hon. B. Magoffin, Governor of Kentucky, etc.

"Sir: I have received your letter informing me that 'since the commencement of the unhappy difficulties pending in the country, the people of Kentucky have indicated a steadfast desire to maintain a position of strict neutrality between the belligerent parties.' In the same communication you express your desire to elicit 'an authoritative assurance that the Government of the Confederate States will continue to respect and observe the neutral position of Kentucky.'

"In reply to this request, I lose no time in assuring you that the Government of the Confederate States neither desires nor intends to disturb the neutrality of Kentucky. The assemblage of troops in Tennessee, to which you refer, had no other object than to repel the lawless invasion of that State by the forces of the United States, should their Government seek to approach it through Kentucky, without respect for its position of neutrality. That such apprehensions were not groundless has been proved by the course of that Government in the States of Maryland and Missouri, and more recently in Kentucky itself, in which, as you inform me, 'a military force has been enlisted and quartered by the United States authorities.'

"The Government of the Confederate States has not only respected most scrupulously the neutrality of Kentucky, but has continued to maintain the friendly relations of trade and intercourse which it has suspended with the United States generally.

"In view of the history of the past, it can scarcely be necessary to assure your Excellency that the Government of the Confederate States will continue to respect the neutrality of Kentucky so long as her people will maintain it themselves.

"But neutrality, to be entitled to respect, must be strictly maintained between both parties; or, if the door be opened on the one side for the aggressions of one of the belligerent parties upon the other, it ought not to be shut to the assailed when they seek to enter it for purposes of self-defense.

"I do not, however, for a moment believe that your gallant State will suffer its soil to be used for the purpose of giving an advantage to those who violate its neutrality and disregard its rights, over others who respect both.

"In conclusion, I tender to your Excellency the assurance of my high consideration and regard, and am, sir, very respectfully,

"Yours, etc., Jefferson Davis."

Movements by the Federal forces in southwestern Kentucky revealed such designs as made it absolutely necessary that General Polk, commanding the Confederate forces in that section, should immediately occupy the town of Columbus, Kentucky; a position of much strategic importance on the shore of the Mississippi River.

That position was doubly important, because it commanded the opposite shore in Missouri, and was the gateway on the border of Tennessee.

Two States of the Confederacy were therefore threatened by the anticipated movement of the enemy to get possession of Columbus.

Major-General Polk, therefore, crossed the State line, took possession of Hickman on September 3d, and on the 4th secured Columbus. General Grant, who took command at Cairo on September 2d, being thus anticipated, seized Paducah, at the mouth of the Tennessee River, and occupied it in force on the 5th and 6th.

After the occupation, under date of September 4th, I received the following dispatch from Major-General Polk: "The enemy having descended the Mississippi River some three or four days since, and seated himself with cannon and entrenched lines opposite the town of Columbus, Kentucky, making such demonstrations as left no doubt upon the minds of any of their intention to seize and forcibly possess said town, I thought proper, under the plenary power delegated to me, to direct a sufficient portion of my command both by the river way and land to concentrate at Columbus, as well to offer to its citizens that protection they unite to a man in accepting, as also to prevent, in time, the occupation by the enemy of a point so necessary to the security of western Tennessee. The demonstration on my part has had the desired effect. The enemy has withdrawn his forces even before I had fortified my position. It is my intention to continue to occupy and hold this place." On the same day I sent the following reply to Major-General Polk: "Your telegram received; the necessity must justify the action."

The Legislature of Kentucky passed resolutions and appointed a committee to inquire into the action of General Polk, from which the annexed correspondence resulted:

CORRESPONDENCE BETWEEN MAJOR-GENERAL POLK AND THE AUTHORITIES OF KENTUCKY.

Resolutions of the Kentucky Senate relative to the Violation of the Neutrality of Kentucky.

"Resolved by the Senate, That the special committee of the Senate, raised for the purpose of considering the reported occupation of Hickman and other points in Kentucky by Confederate troops, take into consideration the occupation of Paducah and other places in Kentucky by the Federal authorities, and report thereon when the true state of the case shall have been ascertained. That the Speaker appoint three members of the Senate to visit southern Kentucky, who are directed to obtain all the facts they can in reference to the recent occupation of Kentucky soil by Confederate and Federal forces, and report in writing at as early a day as practicable.

"In Senate of Kentucky, Saturday, September 7, A. D. 1861.

"Twice read and adopted.

"Attest: (Signed) J. H. Johnson, S. S.

"In accordance with the foregoing resolution, the Speaker appointed as said committee Messrs. John M. Johnson, William B. Read, and Thornton F. Marshall.

"Attest: (Signed) J. H. Johnson, S. S."

Letter of Hon. J. M. Johnson, Chairman of the Committee of the Kentucky Senate, to General Polk.

"Columbus, Kentucky, September 9, 1861.

"To Major-General Polk, commanding forces, etc.

"Sir: I have the honor to inclose herewith a resolution of the Senate of Kentucky, adopted by that body upon the reception of the intelligence of the military occupation of Hickman, Chalk Bank, and Columbus, by the Confederate troops under your command. I need not say that the people of Kentucky are profoundly astonished that such an act should have been committed by the Confederates, and especially that they should have been the first to do so with an equipped and regularly organized army.

"The people of Kentucky, having with great unanimity determined upon a position of neutrality in the unhappy war now being waged, and which they had tried in vain to prevent, had hoped that one place at least in this great nation might remain uninvaded by passion, and through whose good office something might be done to end the war, or at least to mitigate its horrors, or, if this were not possible, that she might be left to choose her destiny without disturbance from any quarter.

"In obedience to the thrice-repeated will of the people, as expressed at the polls, and in their name, I ask you to withdraw your forces from the soil of Kentucky.

"I will say, in conclusion, that all the people of the State await, in deep suspense, your action in the premises.

"I have the honor to be, your obedient servant, etc.,

(Signed) "John M. Johnson,

"Chairman of Committee."

Letter from General Polk to the Kentucky Commissioners.

Columbus, Kentucky, September 9, 1861.

To J. M. Johnson, Chairman of Committee, Senate of Kentucky.

"Sir: I have the honor to acknowledge the receipt of your letter of this date, conveying to me a copy of a resolution of the Senate of Kentucky, under which a committee (of which you are chairman) was raised 'for the purpose of considering the reported occupation of Hickman and other points in Kentucky by the Confederate troops, and that they take into consideration the reported occupation of Paducah and other points in Kentucky by the Federal authorities, and report thereon'; also, that they be 'directed to obtain all the facts they can in reference to the recent occupation of Kentucky soil by the Confederate and Federal forces, and report, in writing, at as early a day as practicable.'

"From the terms of the resolution, it appears your office, as committee-men, was restricted merely to collecting the facts in reference to the recent occupation of Kentucky soil by the Confederate and Federal forces, and to report thereon in writing, at as early a day as possible. In answer to these resolutions, I have respectfully to say that, so far as the Confederate forces are concerned, the facts are plain, and shortly stated. The Government which they represent, recognizing as a fundamental principle the right of sovereign States to take such a position as they choose in regard to their relations with other States, was compelled by that principle to concede to Kentucky the right to assume the position of neutrality, which she has chosen in the passing struggle. This it has done on all occasions, and without an exception. The cases alluded to by his Excellency, Governor Magoffin, in his recent message, as 'raids,' I presume, are the cases of the steamers Cheney and Orr. The former was the unauthorized and unrecognized act of certain citizens of Alabama, and the latter the act of citizens of Tennessee and others, and was an act of reprisal. They can not, therefore, be charged, in any sense, as acts of the Confederate Government.

"The first and only instance in which the neutrality of Kentucky has been disregarded is that in which the troops under my command, and by my direction, took possession of the place I now hold, and so much of the territory between it and the Tennessee line as was necessary for me to pass over in order to reach it. This act finds abundant justification in the history of the concessions granted to the Federal Government by Kentucky ever since the war began, notwithstanding the position of neutrality which she had assumed, and the firmness with which she proclaimed her intention to maintain it. That history shows the following among other facts: In January, the House of Representatives of Kentucky passed anti-coercion resolutions—only four dissenting. The Governor, in May, issued his neutrality proclamation. The address of the Union Central Committee, including Mr. James Speed, Mr. Prentice, and other prominent Union men, in April, proclaimed neutrality as the policy of Kentucky, and claimed that an attempt to coerce the South should induce Kentucky to make common cause with her, and take part in the contest on her side, 'without counting the cost.' The Union speakers and papers, with few exceptions, claimed, up to the last election, that the Union vote was strict neutrality and peace. These facts and events gave assurance of the integrity of the avowed purpose of your State, and we were content with the position she assumed.

"Since the election, however, she has allowed the seizure in her port (Paducah) of property of citizens of the Confederate States; she has, by her members in the Congress of the United States, voted supplies of men and money to carry on the war against the Confederate States; she has allowed the Federal Government to cut timber from her forests for the purpose of building armed boats for the invasion of the Southern States; she is permitting to be enlisted in her territory, troops, not only of her own citizens, but of the citizens of other States, for the purpose of being armed and used in offensive warfare against the Confederate States. At Camp Robinson, in the county of Garrard, there are now ten thousand troops, if the newspapers can be relied upon, in which men from Tennessee, Ohio, Indiana, and Illinois are mustered with Kentuckians into the service of the United States, and armed by that Government for the avowed purpose of giving aid to the disaffected in one of the Confederate States, and of carrying out the designs of that Government for their subjugation. Notwithstanding all these and other acts of a similar character, the Confederate States have continued to respect the attitude which Kentucky had assumed as a neutral, and forborne from reprisals, in the hope that Kentucky would yet enforce respect for her position on the part of the Government of the United States.

"Our patient expectation has been disappointed, and it was only when we perceived that this continued indifference to our rights and our safety was about to culminate in the seizure of an important part of her territory by the United States forces for offensive operations against the Confederate States, that a regard for self-preservation demanded of us to seize it in advance. We are here, therefore, not by choice, but of necessity, and as I have had the honor to say, in a communication addressed to his Excellency Governor Magoffin, a copy of which is herewith inclosed and submitted as a part of my reply, so I now repeat in answer to your request, that I am prepared to agree to withdraw the Confederate troops from Kentucky, provided she will agree that the troops of the Federal Government be withdrawn simultaneously, with a guarantee (which I will give reciprocally for the Confederate Government) that the Federal troops shall not be allowed to enter nor occupy any part of Kentucky for the future.

"In view of the facts thus submitted, I can not but think the world at large will find it difficult to appreciate the 'profound astonishment' with which you say the people of Kentucky received the intelligence of the occupation of this place.

"I have the honor to be, respectfully,

"Your obedient servant, etc.,

"Leonidas Polk,

"Major-General commanding."

Letter from General Polk to Governor Magoffin.

"Columbus, Kentucky, September 3, 1861.

"Governor Magoffin, Frankfort, Kentucky.

"I should have dispatched to you immediately, as the troops under my command took possession of this position, the very few words I addressed to the people here; but my duties since that time have so preoccupied me, that I have but now the first leisure moment to communicate with you. It will be sufficient for me to inform you (as my short address herewith will do) that I had information, on which I could rely, that the Federal forces intended, and were preparing to seize Columbus. I need not describe to you the danger resulting to western Tennessee from such occupation.

"My responsibility could not permit me quietly to lose to the command intrusted to me so important a position. In evidence of the accuracy of the information I possessed, I will state that, as the Confederate force approached this place, the Federal troops were found in formidable numbers in position upon the opposite bank, with their cannon turned upon Columbus. The citizens of the town had fled with terror, and not a word of assurance of safety or protection had been addressed to them. Since I have taken possession of this place, I have been informed by highly respected citizens of your State that certain representatives of the Federal Government are seeking to take advantage of its own wrong, are setting up complaints against my acts of occupation, and are making it a pretest for seizing other points. Upon this proceeding I have no comments to make. But I am prepared to say that I will agree to withdraw the Confederate troops from Kentucky, provided that she will agree that the troops of the Federal Government be withdrawn simultaneously, with a guarantee (which I will give reciprocally for the Confederate Government) that the Federal troops shall not be allowed to enter or occupy any part of Kentucky in the future.

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

(Signed)

"Leonidas Polk,

"Major-General commanding."

However willing the government of Kentucky might have been to accede to the proposition of General Polk, and which from his knowledge of the views of his own Government he was fully justified in offering, the State of Kentucky had no power, moral or physical, to prevent the United States Government from using her soil as best might suit its purposes in the war it was waging for the subjugation of the seceded States. President Lincoln, in his message of the previous July, had distinctly and reproachfully spoken of the idea of neutrality as existing in some of the border States. He said: "To prevent the Union forces passing one way, or the disunion the other, over their soil, would be disunion completed.... At a stroke it would take all the trouble off the hands of secession, except only what proceeds from the external blockade."

The acts of the Federal Government corresponded with the views announced by its President. Briefly, but conclusively, General Polk showed in his answer that the United States Government paid no respect to the neutral position which Kentucky wished to maintain; that it was armed, but not neutral, for the arms and the troops assembled on her soil were for the invasion of the South; and that he occupied Columbus to prevent the enemy from taking possession of it. When our troops first entered Columbus they found the inhabitants had been in alarm from demonstrations of the United States forces, but that they felt no dread of the Confederate troops. As far as the truth could be ascertained, a decided majority of the people of Kentucky, especially its southwestern portion, if left to a free choice, would have joined the Confederacy in preference to remaining in the Union. Could they have foreseen what in a short time was revealed, there can be little doubt that mule contracts, and other forms of bribery, would have proved unavailing to make her the passive observer of usurpations destructive of the personal and political rights of which she had always been a most earnest advocate. With the slow and sinuous approach of the serpent, the General Government, little by little, gained power over Kentucky, and then, throwing off the mask, proceeded to outrages so regardless of law and the usages of English-speaking people, as could not have been anticipated, and can only be remembered with shame by those who honor the constitutional Government created by the States. While artfully urging the maintenance of the Union as a duty of patriotism, the Constitution which gave the Union birth was trampled under foot, and the excesses of the Reign of Terror which followed the French Revolution were reenacted in our land, once the vaunted home of law and liberty. Men who had been most honored by the State, and who had reflected back most honor upon it, were seized without warrant, condemned without trial, because they had exercised the privilege of free speech, and for adhering to the principles which were the bed-rock on which our fathers builded our political temple. Members of the Legislature vacated their seats and left the State to avoid arrest, the penalty hanging over them for opinion's sake. The venerable Judge Monroe, who had presided over the United States District Court for more than a generation, driven from the land of his birth, the State he had served so long and so well, with feeble step, but upright conscience and indomitable will, sought a resting place among those who did not regard it a crime to adhere to the principles of 1776 and of 1787, and the declaratory affirmation of them in the resolutions of 1793-'99. About the same time others of great worth and distinction, impelled by the feeling that "where liberty is there is my country," left the land desecrated by despotic usurpation, to join the Confederacy in its struggle to maintain the personal and political liberties which the men of the Revolution had left as an inheritance to their posterity. Space would not suffice for a complete list of the refugees who became conspicuous in the military events of the Confederacy; let a few answer for the many: J. C. Breckinridge, the late Vice-President of the United States, and whose general and well-deserved popularity might have reasonably led him to expect in the Union the highest honors the States could bestow; William Preston, George W. Johnston, S. B. Buckner, John H. Morgan, and a host of others, alike meritorious and alike gratefully remembered. When the passions of the hour shall have subsided, and the past shall be reviewed with discrimination and justice, the question must arise in every reflecting mind, Why did such men as these expatriate themselves, and surrender all the advantages which they had won by a life of honorable effort in the land of their nativity? To such inquiry the answer must be, the usurpations of the General Government foretold to them the wreck of constitutional liberty. The motives which governed them may best be learned from the annexed extracts from the statement made in the address of Mr. Breckinridge to the people of Kentucky, whom he had represented in both Houses of the United States Congress, with such distinguished ability and zeal for the general welfare as to place him in the front rank of the statesmen of his day:

"Bowling Green, Kentucky, October 8,1861.

"In obedience, as I supposed, to your wishes, I proceeded to Washington, and at the special session of Congress, in July, spoke and voted against the whole war policy of the President and Congress; demanding, in addition, for Kentucky, the right to refuse, not men only, but money also, to the war, for I would have blushed to meet you with the confession that I had purchased for you exemption from the perils of the battle-field, and the shame of waging war against your Southern brethren, by hiring others to do the work you shrunk from performing. During that memorable session a very small body of Senators and Representatives, even beneath the shadow of a military despotism, resisted the usurpations of the Executive, and, with what degree of dignity and firmness, they willingly submit to the judgment of the world.

"Their efforts were unavailing, yet they may prove valuable hereafter, as another added to former examples of many protest against the progress of tyranny.

"On my return to Kentucky, at the close of the late special session of Congress, it was my purpose immediately to resign the office of Senator. The verbal and written remonstrances of many friends in different parts of the State induced me to postpone the execution of my purpose; but the time has arrived to carry it into effect, and accordingly I now hereby return the trust into your hands.... In the House of Representatives it was declared that the South should be reduced to 'abject submission,' or their institutions be overthrown. In the Senate it was said that, if necessary, the South should be depopulated and repeopled from the North; and an eminent Senator expressed a desire that the President should be made dictator. This was superfluous, since they had already clothed him with dictatorial powers. In the midst of these proceedings, no plea for the Constitution is listened to in the North; here and there a few heroic voices are feebly heard protesting against the progress of despotism, but, for the most part, beyond the military lines, mobs and anarchy rule the hour.

"The great mass of the Northern people seem anxious to sunder every safeguard of freedom; they eagerly offer to the Government what no European monarch would dare to demand. The President and his generals are unable to pick up the liberties of the people as rapidly as they are thrown at their feet.... In every form by which you could give direct expression to your will, you declared for neutrality. A large majority of the people at the May and August elections voted for the neutrality and peace of Kentucky. The press, the public speakers, the candidates—with exceptions in favor of the Government at Washington so rare as not to need mention—planted themselves on this position. You voted for it, and you meant it. You were promised it, and you expected it.... Look now at the condition of Kentucky, and see how your expectations have been realized—how these promises have been redeemed.... General Anderson, the military dictator of Kentucky, announces in one of his proclamations that he will arrest no one who does not act, write, or speak in opposition to Mr. Lincoln's Government. It would have completed the idea if he had added, or think in opposition to it. Look at the condition of our State under the rule of our new protectors. They have suppressed the freedom of speech and of the press. They seize people by military force upon mere suspicion, and impose on them oaths unknown to the laws. Other citizens they imprison without warrant, and carry them out of the State, so that the writ of habeas corpus can not reach them.

"Every day foreign armed bands are making seizures among the people. Hundreds of citizens, old and young, venerable magistrates, whose lives have been distinguished by the love of the people, have been compelled to fly from their homes and families to escape imprisonment and exile at the hands of Northern and German soldiers, under the orders of Mr. Lincoln and his military subordinates. While yet holding an important political trust, confided by Kentucky, I was compelled to leave my home and family, or suffer imprisonment and exile. If it is asked why I did not meet the arrest and seek a trial, my answer is, that I would have welcomed an arrest to be followed by a judge and jury; but you well know that I could not have secured these constitutional rights. I would have been transported beyond the State, to languish in some Federal fortress during the pleasure of the oppressor. Witness the fate of Morehead and his Kentucky associates in their distant and gloomy prison.

"The case of the gentleman just mentioned is an example of many others, and it meets every element in a definition of despotism. If it should occur in England it would be righted, or it would overturn the British Empire. He is a citizen and native of Kentucky. As a member of the Legislature, Speaker of the House, Representative in Congress from the Ashland district, and Governor of the State, you have known, trusted, and honored him during a public service of a quarter of a century. He is eminent for his ability, his amiable character, and his blameless life. Yet this man, without indictment, without warrant, without accusation, but by the order of President Lincoln, was seized at midnight, in his own house, and in the midst of his own family, and led through the streets of Louisville, as I am informed, with his hands crossed and pinioned before him—was carried out of the State and district, and now lies a prisoner in a fortress in New York Harbor, a thousand miles away....

"The Constitution of the United States, which these invaders unconstitutionally swear every citizen whom they unconstitutionally seize to support, has been wholly abolished. It is as much forgotten as if it lay away back in the twilight of history. The facts I have enumerated show that the very rights most carefully reserved by it to the States and to individuals have been most conspicuously violated.... Your fellow-citizen,

(Signed) "John C. Breckinridge."

Such was the "neutrality" suffered by the Confederacy from governments both at home and abroad.

The chivalric people of Kentucky showed their sympathy with the just cause of the people of the Southern States, by leaving the home where they could not serve the cause of right against might, and nobly shared the fortunes of their Southern brethren on many a blood-dyed field. In like manner did the British people see with disapprobation their Government, while proclaiming neutrality, make new rules, and give new constructions to old ones, so as to favor our enemy and embarrass us. The Englishman's sense of fair-play, and the manly instinct which predisposes him to side with the weak, gave us hosts of friends, but all their good intentions were paralyzed or foiled by their wily Minister for Foreign Affairs, and his coadjutor on this side, the artful, unscrupulous United States Secretary of State.

I have thus presented the case of Kentucky, not because it was the only State where false promises lulled the people into delusive security, until, by gradual approaches, usurpation had bound them hand and foot, and where despotic power crushed all the muniments of civil liberty which the Union was formed to secure, but because of the attempt, which has been noticed, to arraign the Confederacy for invasion of the State in disregard of her sovereignty.

The occupation of Columbus by the Confederate forces was only just soon enough to anticipate the predetermined purpose of the Federal Government, all of which was plainly set forth in the letter of General Polk to the Governor of Kentucky, and his subsequent letter to the Kentucky commissioners.

Missouri, like Kentucky, had wished to preserve peaceful relations in the contest which it was foreseen would soon occur between the Northern and the Southern States. When the Federal Government denied to her the privilege of choosing her own position, which betokened no hostility to the General Government, and she was driven to the necessity of deciding whether or not her citizens should be used for the subjugation of the Southern States, her people and their representative, the State government, repelled the arbitrary assumption of authority by military force to control her government and her people.

Among other acts of invasion, the Federal troops had occupied Belmont, a village in Missouri opposite to Columbus, and with artillery threatened that town, inspiring terror in its peaceful inhabitants. After the occupation of Columbus, under these circumstances of full justification, a small Confederate force, Colonel Tappan's Arkansas regiment, and Beltzhoover's battery, were thrown across the Mississippi to occupy and hold the village, in the State of Missouri, then an ally, and soon to become a member, of the Confederacy. On the 6th of November General Grant left his headquarters at Cairo with a land and naval force, and encamped on the Kentucky shore. This act and a demonstration made by detachments from his force at Paducah were probably intended to induce the belief that he contemplated an attack on Columbus, thus concealing his real purpose to surprise the small garrison at Belmont. General Polk on the morning of the 7th discovered the landing of the Federal forces on the Missouri shore, some seven miles above Columbus, and, divining the real purpose of the enemy, detached General Pillow with four regiments of his division, say two thousand men, to reenforce the garrison at Belmont. Very soon after his arrival, the enemy commenced an assault which was sternly resisted, and with varying fortune, for several hours. The enemy's front so far exceeded the length of our line as to enable him to attack on both flanks, and our troops were finally driven back to the bank of the river with the loss of their battery, which had been gallantly and efficiently served until nearly all its horses had been killed, and its ammunition had been expended. The enemy advanced to the bank of the river below the point to which our men had retreated, and opened an artillery-fire upon the town of Columbus, to which our guns from the commanding height responded with such effect as to drive him from the river bank. In the mean time General Polk had at intervals sent three regiments to reenforce General Pillow. Upon the arrival of the first of these, General Pillow led it to a favorable position, where it for some time steadily resisted and checked the advance of the enemy. General Pillow, with great energy and gallantry, rallied his repulsed troops and brought them again into action. General Polk now proceeded in person with two other regiments. Whether from this or some other cause, the enemy commenced a retreat. General Pillow, whose activity and daring on the occasion were worthy of all praise, led the first and second detachments, by which he had been reenforced, to attack the enemy in the rear, and General Polk, landing further up the river, moved to cut off the enemy's retreat; but some embarrassment and consequent delay which occurred in landing his troops caused him to be too late for the purpose for which he crossed, and to become only a part of the pursuing force.

One would naturally suppose that the question about which there would be the greatest certainty would be the number of troops engaged in a battle, yet there is nothing in regard to which we have such conflicting accounts. It is fairly concluded, from the concurrent reports, that the enemy attacked us on both flanks, and that in the beginning of the action we were outnumbered; but the obstinacy with which the conflict was maintained and the successive advances and retreats which occurred in the action indicate that the disparity could not have been very great, and therefore that, after the arrival of our reenforcements, our troops must have become numerically superior. The dead and wounded left by the enemy upon the field, the arms, ammunition, and military stores abandoned in his flight, so incontestably prove his defeat, that his claim to have achieved a victory is too preposterous for discussion. Though the forces engaged were comparatively small to those in subsequent battles of the war, six hours of incessant combat, with repeated bayonet-charges, must place this in the rank of the most stubborn engagements, and the victors must accord to the vanquished the meed of having fought like Americans. One of the results of the battle, which is at least significant, is the fact that General Grant, who had superciliously refused to recognize General Polk as one with whom he could exchange prisoners, did, after the battle, send a flag of truce to get such privileges as are recognized between armies acknowledging each other to be "foemen worthy of their steel."

General Polk reported as follows: "We pursued them to their boats, seven miles, and then drove their boats before us. The road was strewed with their dead and wounded, guns, ammunition, and equipments. The number of prisoners taken by the enemy, as shown by their list furnished, was one hundred and six, all of whom have been returned by exchange. After making a liberal allowance to the enemy, a hundred of their prisoners still remain in my hands, one stand of colors, and a fraction over one thousand stand of arms, with knapsacks, ammunition, and other military stores. Our loss in killed, wounded, and missing, was six hundred and forty one; that of the enemy was probably not less than twelve hundred."

Meanwhile, Albert Sidney Johnston, a soldier of great distinction in the United States Army, where he had attained the rank of brigadier-general by brevet, and was in command of the Department of California, resigned his commission, and came overland from San Francisco to Richmond, to tender his services to the Confederate States. Though he had been bred a soldier, and most of his life had been spent in the army, he had not neglected such study of political affairs as properly belongs to the citizen of a republic, and appreciated the issue made between States claiming the right to resume the powers they had delegated to a general agent and the claims set up by that agent to coerce States, his creators, and for whom he held a trust.

He was a native of Kentucky, but his first military appointment was from Louisiana, and he was a volunteer in the war for independence by Texas, and for a time resided in that State. Much of his military service had been in the West, and he felt most identified with it. On the 10th of September, 1861, he was assigned to command our Department of the West, which included the States of Tennessee, Missouri, Arkansas, the Indian country, and the western part of Mississippi.

General Johnston, on his arrival at Nashville, found that he lacked not only men, but the munitions of war and the means of obtaining them. Men were ready to be enlisted, but the arms and equipments had nearly all been required to fit out the first levies. Immediately on his survey of the situation, he determined to occupy Bowling Green in Kentucky, and ordered Brigadier-General S. B. Buckner, with five thousand men, to take possession of the position. This invasion of Kentucky was an act of self-defense rendered necessary by the action of the government of Kentucky, and by the evidences of intended movements of the forces of the United States. It was not possible to withdraw the troops from Columbus in the west, nor from Cumberland Ford in the east, to which General Felix K. Zollicoffer had advanced with four thousand men. A compliance with the demands of Kentucky would have opened the frontiers of Tennessee and the Mississippi River to the enemy; besides, it was essential to the defense of Tennessee.

East of Columbus, Fort Henry, Fort Donelson, and Hopkinsville were garrisoned with small bodies of troops; and the territory between Columbus and Bowling Green was occupied by moving detachments which caused the supposition that a large military force was present and contemplated an advance. A fortified camp was established at Cumberland Gap as the right of General Johnston's line, and an important point for the protection of East Tennessee against invasion. Thus General Johnston located his line of defense, from Columbus on the west to the Cumberland Mountains on the east, with his center at Bowling Green, which was occupied and intrenched. It was a good base for military operations, was a proper depot for supplies, and, if fortified, could be held against largely superior numbers.

On October 28th General Johnston took command at Bowling Green. He states his force to have been twelve thousand men, and that the enemy's force at that time was estimated to be double his own, or twenty-four thousand. He says: "The enemy's force increased more rapidly than our own, so that by the last of November it numbered fifty thousand, and continued to increase until it ran up to between seventy-five and one hundred thousand. My force was kept down by disease, so that it numbered about twenty-two thousand."

The chief anxiety of the commander of the department was to procure arms and men. On the next day after his arrival at Nashville, he wrote to the Governor of Alabama, "I shall beg to rely on your Excellency to furnish us as rapidly as possible, at this point, with every arm it may be in your power to provide—I mean small-arms for infantry and cavalry." The Governor replied, "It is out of the power of Alabama to afford you any assistance in the way of arms." The Governor of Georgia replied to the same request on September 18th, "It is utterly impossible for me to comply with your request." General Bragg, in command at Pensacola, writes in reply on September 27th: "The mission of Colonel Buckner will not be successful, I fear, as our extreme Southern country has been stripped of both arms and men. We started early in this matter, and have wellnigh exhausted our resources." On September 19th General Johnston telegraphed to me: "Thirty thousand stand of arms are a necessity to my command. I beg you to order them, or as many as can be got, to be instantly procured and sent with dispatch." The Secretary of War replied: "The whole number received by us, by that steamer, was eighteen hundred, and we purchased of the owners seventeen hundred and eighty, making in all thirty-five hundred Enfield rifles, of which we have been compelled to allow the Governor of Georgia to have one thousand for arming troops to repel an attack now hourly threatened at Brunswick. Of the remaining twenty-five hundred, I have ordered one thousand sent to you, leaving us but fifteen hundred for arming several regiments now encamped here, and who have been awaiting their arms for several months.... We have not an engineer to send you. The whole engineer corps comprises only six captains together with three majors, of whom one is on bureau duty. You will be compelled to employ the best material within your reach, by detailing officers from other corps, and by employing civil engineers."

These details are given to serve as an illustration of the deficiencies existing in every department of the military service in the first years of the war. In this respect much relief came from the well-directed efforts of Governor Harris and the Legislature of Tennessee. A cap-factory, ordnance-shops, and workshops were established. The powder-mills at Nashville turned out about four-hundred pounds a day. Twelve or fourteen batteries were fitted out at Memphis. Laws were passed to impress and pay for the private arms scattered throughout the State, and the utmost efforts were made to collect and adapt them to military uses. The returns make it evident that, during most of the autumn of 1861, fully one half of General Johnston's troops were imperfectly armed, and whole brigades remained without weapons for months.

No less energetic were the measures taken to concentrate and recruit his forces. General Hardee's command was moved from northeastern Arkansas, and sent to Bowling Green, which added four thousand men to the troops there. The regiment of Texan rangers was brought from Louisiana, and supplied with horses and sent to the front. Five hundred Kentuckians joined General Buckner on his advance, and five regiments were gradually formed and filled up. A cavalry company under John H. Morgan was also added. At this time (September, 1861), General Johnston, under the authority granted to him by the Government, made a requisition for thirty thousand men from Tennessee, ten thousand from Mississippi, and ten thousand from Arkansas. The Arkansas troops were directed to be sent to General McCulloch for the defense of their own frontier. The Governor of Mississippi sent four regiments, when this source of supply was closed.

Up to the middle of November only three regiments were mustered in under this call from Tennessee, but, by the close of December, the number of men who joined was from twelve to fifteen thousand. Two regiments, fifteen hundred strong, had joined General Polk.

In Arkansas, five companies and a battalion had been organized, and were ready to join General McCulloch.

A speedy advance of the enemy was now indicated, and an increase of force was so necessary that further delay was impossible. General Johnston, therefore, determined upon a levy en masse in his department. He made a requisition on the Governors of Tennessee, Alabama, and Mississippi, to call out every able-bodied member of the militia into whose hands arms could be placed, or to provide a volunteer force large enough to use all the arms that could be procured. In his letters to these Governors, he plainly presents his view of the posture of affairs on December 24th, points out impending dangers, and shows that to his applications the response had not been such as the emergency demanded. He says:

"It was apprehended by me that the enemy would attempt to assail the South, not only by boats and troops moving down the river, to be assembled during the fall and winter, but by columns marching inland, threatening Tennessee, by endeavoring to turn the defenses of Columbus. Further observation confirms me in this opinion; but I think the means employed for the defense of the river will probably render it comparatively secure. The enemy will energetically push toward Nashville the heavy masses of troops now assembled between Louisville and Bowling Green. The general position of Bowling Green is good and commanding; but the peculiar topography of the place and the length of the line of the Barren River as a line of defense, though strong, require a large force to defend it. There is no position equally defensive as Bowling Green, nor line of defense as good as the Barren River, between the Barren and the Cumberland at Nashville; so that it can not be abandoned without exposing Tennessee, and giving vastly the vantage-ground to the enemy. It is manifest that the Northern generals appreciate this; and, by withdrawing their forces from western Virginia and east Kentucky, they have managed to add them to the new levies from Ohio, Indiana, and Illinois, and to concentrate a force in front of me variously estimated at from sixty to one hundred thousand men, and which I believe will number seventy-five thousand. To maintain my position, I have only about seventeen thousand men in this neighborhood. It is impossible for me to obtain additions to my strength from Columbus; the generals in command in that quarter consider that it would imperil that point to diminish their force, and open Tennessee to the enemy. General Zollicoffer can not join me, as he guards the Cumberland, and prevents the invasion and possible revolt of East Tennessee."

On June 5th General Johnston was reenforced by the brigades of Floyd and Maney from western Virginia. He also sent a messenger to Richmond to ask that a few regiments might be detached from the several armies in the field, and sent to him to be replaced by new levies. He said: "I do not ask that my force shall be made equal to that of the enemy; but, if possible, it should be raised to fifty thousand men." Meantime such an appearance of menace had been maintained as led the enemy to believe that our force was large, and that he might be attacked at any time. Frequent and rapid expeditions through the sparsely settled country gave rise to rumors which kept alive this apprehension.



CHAPTER IX.

The Coercion of Missouri.—Answers of the Governors of States to President Lincoln's Requisition for Troops.—Restoration of Forts Caswell and Johnson to the United States Government.— Condition of Missouri similar to that of Kentucky.— Hostilities, how initiated in Missouri.—Agreement between Generals Price and Harney.—Its Favorable Effects.—General Harney relieved of Command by the United States Government because of his Pacific Policy.—Removal of Public Arms from Missouri.—Searches for and Seizure of Arms.—Missouri on the Side of Peace.—Address of General Price to the People.— Proclamation of Governor Jackson.—Humiliating Concessions of the Governor to the United States Government, for the sake of Peace.—Demands of the Federal Officers.—Revolutionary Principles attempted to be enforced by the United States Government.—The Action at Booneville.—The Patriot Army of Militia.—Further Rout of the Enemy.—Heroism and Self-sacrifice of the People.—Complaints and Embarrassments—Zeal: its effects.—Action of Congress.—Battle of Springfield.—General Price.—Battle at Lexington.—Bales of Hemp.—Other Combats.

To preserve the Union in the spirit and for the purposes for which it was established, an equilibrium between the States, as grouped in sections, was essential. When the Territory of Missouri constitutionally applied for admission as a State into the Union, the struggle between State rights and that sectional aggrandizement which was seeking to destroy the existing equilibrium gave rise to the contest which shook the Union to its foundation, and sowed the seeds of geographical divisions, which have borne the most noxious weeds that have choked our political vineyard. Again, in 1861, Missouri appealed to the Constitution for the vindication of her rights, and again did usurpation and the blind rage of a sectional party disregard the appeal, and assume powers, not only undelegated, but in direct violation of the fourth section of the fourth article of the Constitution, which every Federal officer had sworn to maintain, and which secured to every State a republican government, and protection against invasion.

If it be contended that the invasion referred to must have been by other than the troops of the United States, and that their troops were therefore not prohibited from entering a State against its wishes, and for purposes hostile to its policy, the section of the Constitution referred to fortifies the fact, heretofore noticed, of the refusal of the Convention, when forming the Constitution, to delegate to the Federal Government power to coerce a State. By its last clause it was provided that not even to suppress domestic violence could the General Government, on its own motion, send troops of the United States into the territory of one of the States. That section reads thus:

"The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or of the executive (when the Legislature can not be convened), against domestic violence."

Surely, if Federal troops could not be sent into a State without its application, even to protect it against domestic violence, still less could it be done to overrule the will of its people. That, instead of an obligation upon the citizens of other States to respond to a call by the President for troops to invade a particular State, it was in April, 1861, deemed a high crime to so use them: reference is here made to the published answers of the Governors of States, which had not seceded, to the requisition made upon them for troops to be employed against the States which had seceded.

Governor Letcher, of Virginia, replied to the requisition of the United States Secretary of War as follows:

"I am requested to detach from the militia of the State of Virginia the quota designated in a table which you append, to serve as infantry or riflemen, for the period of three months, unless sooner discharged.

"In reply to this communication, I have only to say that the militia of Virginia will not be furnished to the powers at Washington for any such use or purpose as they have in view. Your object is to subjugate the Southern States, and a requisition made upon me for such an object—an object, in my judgment, not within the purview of the Constitution, or the Act of 1795—will not be complied with."

Governor Magoffin, of Kentucky, replied:

"Your dispatch is received. In answer, I say emphatically, Kentucky will furnish no troops for the wicked purpose of subduing her sister Southern States."

Governor Harris, of Tennessee, replied:

"Tennessee will not furnish a single man for coercion, but fifty thousand, if necessary, for the defense of our rights, or those of our Southern brothers."

Governor Jackson, of Missouri, answered:

"Requisition is illegal, unconstitutional, revolutionary, inhuman, diabolical, and can not be complied with."

Governor Rector, of Arkansas, replied:

"In answer to your requisition for troops from Arkansas, to subjugate the Southern States, I have to say that none will be furnished. The demand is only adding insult to injury."

Governor Ellis, of North Carolina, responded to the requisition for troops from that State as follows:

"Your dispatch is received, and, if genuine—which its extraordinary character leads me to doubt—I have to say, in reply, that I regard the levy of troops made by the Administration, for the purpose of subjugating the States of the South, as in violation of the Constitution, and a usurpation of power. I can be no party to this wicked violation of the laws of the country, and to this war upon the liberties of a free people. You can get no troops from North Carolina."

Governor Ellis, who had lived long enough to leave behind him an enviable reputation, was a fair representative of the conservatism, gallantry, and tenacity in well-doing, of the State over which he presided. He died too soon for his country's good, and the Confederacy seriously felt the loss of his valuable services. The prompt and spirited answer he gave to the call upon North Carolina to furnish troops for the subjugation of the Southern States, was the fitting complement of his earlier action in immediately restoring to the Federal Government Forts Johnson and Caswell, which had been seized without proper authority. In communicating his action to President Buchanan, he wrote:

"My information satisfies me that this popular outbreak was caused by a report, very generally credited, but which, for the sake of humanity, I hope is not true, that it was the purpose of the Administration to coerce the Southern States, and that troops were on their way to garrison the Southern ports, and to begin the work of subjugation.... Should I receive assurance that no troops will be sent to this State prior to the 4th of March next, then all will be peace and quiet here, and the property of the United States will be fully protected, as heretofore. If, however, I am unable to get such assurances, I will not undertake to answer for the consequences.

"The forts in this State have long been unoccupied, and their being garrisoned at this time will unquestionably be looked upon as a hostile demonstration, and will in my opinion certainly be resisted."

The plea so constantly made by the succeeding Administration, as an excuse for its warlike acts, that the duty to protect the public property required such action, is shown by this letter of Governor Ellis to have been a plea created by their usurpations, but for which there might have been peace, as well as safety to property, and, what was of greater worth, the lives, the liberties, and the republican institutions of the country.

There was great similarity in the condition of Missouri to that of Kentucky. They were both border States, and, by their institutions and the origin of a large portion of their citizens, were identified with the South. Both sought to occupy a neutral position in the impending war, and offered guarantees of peace and order throughout their territory if left free to control their own affairs. Both refused to furnish troops to the United States Government for the unconstitutional purpose of coercing the Southern States. Both, because of their stronger affinity to the South than to the North, were the objects of suspicion, and consequent military occupation by the troops of the United States Government. At the inception of this unwarrantable proceeding, an effort was made by the Governor of Missouri to preserve the rights of the State without disturbing its relations to the United States Government. If it had been the policy of the Government to allow to Missouri the control of her domestic affairs, and an exemption from being a party to the violation of the Constitution in making war against certain of the States, the above-described effort of the Governor might and probably would have been successful. The form and purpose of that effort appear in the compact entered into between Major-General Price, commanding the militia or "Missouri State Guard," and General Harney, of the United States Army, commanding the Department of the West, a geographical division which included the State of Missouri.

During a temporary absence of General Harney, Captain Lyon, commanding United States forces at St. Louis, initiated hostilities against the State of Missouri under the following circumstances:

In obedience to the militia law of the State, an annual encampment was directed by the Governor for instruction in tactics. Camp Jackson, near St. Louis, was designated for the encampment of the militia of the county in 1861. Here for some days companies of State militia, amounting to about eight hundred men, under command of Brigadier-General D. M. Frost, were being exercised, as is usual upon such occasions. They presented no appearance of a hostile camp. There were no sentinels to guard against surprise; visitors were freely admitted; it was the picnic-ground for the ladies of the city, and everything wore the aspect of merry-making rather than that of grim-visaged war.

Suddenly, Captain (afterward General) Nathaniel Lyon appeared with an overwhelming force of Federal troops, surrounded this holiday encampment, and demanded an unconditional surrender. Resistance was impracticable, and none was attempted; the militia surrendered, and were confined as prisoners; but prisoners of what? There was no war, and no warrant for their arrest as offenders against the law. It is left for the usurpers to frame a vocabulary suited to their act.

After the return of General Harney, Brigadier-General D. M. Frost, of the Missouri militia, appealed to him from his prison, the St. Louis Arsenal, on May 11, 1861, representing that, "in accordance with the laws of the State of Missouri, which have been existing for some years, and in obedience to the orders of the Governor, on Monday last I entered into an encampment with the militia force of St. Louis County for the purpose of instructing the same in accordance with the laws of the United States and of this State." He further sets forth that every officer and soldier of his command had taken an oath to sustain the Constitution and laws of the United States and of the State of Missouri, and that while in the peaceable performance of their duties the encampment was surrounded by the command of Captain N. Lyon, United States Army, and a surrender demanded, to which General Frost replied as follows:

"Camp Jackson, May 10, 1861.

"Sir: I, never for a moment having conceived the idea that so illegal and unconstitutional a demand as I have just received from you would be made by an officer of the United States Army, am wholly unprepared to defend my command from this unwarranted attack, and shall therefore be forced to comply with your demand.

"I am sir, very respectfully, your obedient servant,

"D. Frost,

"Brigadier-General, commanding Camp Jackson, M. M.

"Captain N. Lyon, commanding United States troops."

General Frost's letter to General Harney continues: "My command was, in accordance with the above, deprived of their arms, and surrendered into the hands of Captain Lyon; after which, while thus disarmed and surrounded, a fire was opened on a portion of it by his troops, and a number of my men put to death, together with several innocent lookers-on, men, women, and children." On the occasion of the attack upon Camp Jackson, "a large crowd of citizens, men, women, and children, were gathered around, gazing curiously at these strange proceedings, when a volley was fired into them, killing ten and wounding twenty non-combatants, mostly women and children. A reign of terror was at once established, and the most severe measures were adopted by the Federals to overawe the excitement and the rage of the people."[182]

The massacre at Camp Jackson produced intense excitement throughout the State. The Legislature, upon receipt of the news, passed several bills for the enrollment and organization of the militia, and to confer special powers upon the Governor of the State. By virtue of these, general officers were appointed, chief of whom was Sterling Price.

Because of the atrocities at St. Louis, and the violent demonstrations consequent upon them, not only in St. Louis but elsewhere in the State, General Price, well known to be what was termed "a Union man," and not only by his commission as commander-in-chief of the militia of the State, but also, and even more, because of his influence among the people, was earnestly solicited by influential citizens of St. Louis to unite with General Harney in a joint effort to restore order and preserve peace. With the sanction of Governor Jackson he proceeded to St. Louis, the headquarters of the Department of the West, and, after some preliminary conference, entered into the following agreement, which, being promulgated to the people, was received with general satisfaction, and for a time allayed excitement. The agreement was as follows:

"St. Louis, May 21, 1861.

"The undersigned, officers of the United States Government and of the government of the State of Missouri, for the purpose of removing misapprehension and of allaying public excitement, deem it proper to declare publicly that they have this day had a personal interview in this city, in which it has been mutually understood, without the semblance of dissent on either part, that each of them has no other than a common object, equally interesting and important to every citizen of Missouri—that of restoring peace and good order to the people of the State in subordination to the laws of the General and State governments.

"It being thus understood, there seems no reason why every citizen should not confide in the proper officers of the General and State governments to restore quiet, and, as among the best means of offering no counter-influences, we mutually commend to all persons to respect each other's rights throughout the State, making no attempt to exercise unauthorized powers, as it is the determination of the proper authorities to suppress all unlawful proceedings which can only disturb the public peace. General Price, having by commission full authority over the militia of the State of Missouri, undertakes with the sanction of the Governor of the State, already declared, to direct the whole power of the State officers to maintaining order within the State among the people thereof. General Harney publicly declares that, this object being assured, he can have no occasion, as he has no wish, to make military movements that might otherwise create excitement and jealousy, which he most earnestly desires to avoid.

"We, the undersigned, do therefore mutually enjoin upon the people of the State to attend to their civil business, of whatever sort it may be, and it is hoped that the unquiet elements which have threatened so seriously to disturb the public peace may soon subside, and be remembered only to be deplored.

"W. S. Harney,

"Brigadier-General commanding.

"Sterling Price,

"Major-General Missouri State Guard."

The distinct position of General Harney, that the military force of the United States should not be used in Missouri except in case of necessity, together with the emphatic declaration of General Price that he had the power and would use it to preserve peace and order in Missouri, seemed to remove all danger of collision in that State between the Federal and local forces. In conformity with this understanding, General Price returned to the capital of the State, and sent to their homes the militia who had been assembled there by the Governor for the defense of the capital against an anticipated attack by the troops of the United States.

Those who desired to preserve peace in Missouri had just cause to be gratified at the favorable prospect now presented. Those who desired war had equal ground for dissatisfaction. A few days after the promulgation of the agreement between General Price and General Harney, the latter was removed from command, as many believed, because of his successful efforts to allay excitement and avoid war. Rumors had been in circulation that the Missourians were driving the "Union men" from their homes, and many letters purporting to be written in different parts of the State represented the persecution of Union men. It was suspected that many of them were written in St. Louis, or inspired by the cabal. An incident related in confirmation of the justice of this suspicion is, that General Harney received a letter from St. Joseph, stating that ex-Governor Stewart and a number of the most respectable men in St. Joseph had been driven from their homes, and that, unless soldiers were soon sent, the Union men would all have to leave. He called upon the Hon. F. P. Blair, an influential citizen of St. Louis, and asked him if he knew the writer of the letter. The reply was: "Oh, yes, he is perfectly reliable; you can believe anything he says."[183] General Harney said he would write immediately to General Price. Dissatisfaction was then manifested at such delay; but, two or three days later, a letter from ex-Governor Stewart was published in the "St. Joseph News," in which was a marked paragraph of the copy sent to General Harney: "Neither I nor any other Union man has been driven out of St. Joe."[184] An attempt has been made to evade the conclusion that General Harney was relieved from command because of his pacific policy. The argument is, that the order was dated the 16th of May, and his agreement with General Price was on the 21st of the same month, an argument more specious than fair, as it appears from the letter of President Lincoln of May 18, 1861, to Hon. F. P. Blair, that the order sent from the War Department to him was to be delivered or withheld at his discretion, and that it was not delivered until the 30th of the month, and until after General Harney had not only entered into his agreement with General Price, but had declined to act upon sensational stories of persecution, on which applications were made to send troops into the interior of Missouri. During the days this order was held for his removal, with discretionary power to deliver or withhold it, the above-recited events occurred, and they may fairly be considered as having decided the question of his removal from that command.

The principal United States arsenal at the West was that near to St. Louis. To it had been transferred a large number of the altered muskets sent from Springfield, Massachusetts, so that in 1861 the arms in that arsenal were, perhaps, numerically second only to those at Springfield. These arms, by a conjunction of deceptive and bold measures, were removed from the arsenal in Missouri and transported to Illinois. To whom did those arms belong? Certainly to those whose money had made or purchased them. That is, to the States in common, not to their agent the General Government, or to a portion of the States which might be in a condition to appropriate them to their special use, and in disregard of the rights of their partners.

Not satisfied with removing the public arms from the limits of Missouri, the next step was that, in total disrespect of the constitutional right of the citizens to bear arms for their own defense, and to be free from searches and seizures except by warrants duly issued, the officers of the General Government proceeded to search the houses of citizens in St. Louis, and to seize arms wherever they were found.

Missouri had refused to engage in war against her sister States of the South; therefore she was first to be disarmed, and then to be made the victim of an invasion characterized by such barbarous atrocities as shame the civilization of the age. The wrongs she suffered, the brave efforts of her unarmed people to defend their hearthstones and their liberties against the desecration and destruction of both, form a melancholy chapter in the history of the United States, which all who would cherish their fair fame must wish could be obliterated.

These acts of usurpation and outrage, as well upon the political as personal rights of the people of Missouri, aroused an intense feeling in that State. It will be remembered that Governor Jackson had responded to the call of Mr. Lincoln upon him for troops with the just indignation of one who understood the rights of the State, and the limited powers of the General Government. His stern refusal to become a party to the war upon the South made him the object of special persecution. By his side in this critical juncture stood the gallant veteran, General Price. To the latter was confided the conduct of the military affairs of the State, and, after exhausting every effort to maintain order by peaceful means, and seeing that the Government would recognize no other method than that of force, he energetically applied himself to raise troops, and procure arms so as to enable the State to meet force by force. During this and all the subsequent period, the Governor and the General were ably seconded by the accomplished, gallant, and indefatigable Lieutenant-Governor, Reynolds.

The position of Missouri in 1860-'61 was unquestionably that of opposition to the secession of the State. The people generously confided in the disposition of the General Government to observe their rights, and continued to hope for a peaceful settlement of the questions then agitating the country. This was evinced by the fact that not a single secessionist was elected to the State Convention, and that General Price, an avowed "Union man," was chosen as President of the Convention. Hence the general satisfaction with the agreement made between Generals Harney and Price for the preservation of peace and non-intervention by the army of the United States. General Harney, the day before the order for his removal was communicated to him, wrote to the War Department, expressing his confidence in the preservation of peace in Missouri, and used this significant expression: "Interference by unauthorized parties as to the course I shall pursue can alone prevent the realization of these hopes."[185] The "unauthorized parties" here referred to could not have been the people or the government of Missouri. Others than they must have been the parties wishing to use force, provocative of hostilities.

As has been heretofore stated, after his agreement with General Harney at St. Louis, General Price returned to the capital and dismissed to their homes the large body of militia that had been there assembled.

After the removal of General Harney, believed to be in consequence of his determination to avoid the use of military force against the people of Missouri, reports were rife of a purpose on the part of the Administration at Washington to disarm the citizens of Missouri who did not sympathize with the views of the Federal Government, and to put arms into the hands of those who could be relied on to enforce them. On the 4th of June General Price issued an address to the people of Missouri, and in reference to that report said: "The purpose of such a movement could not be misunderstood; and it would not only be a palpable violation of the agreement referred to, and an equally plain violation of our constitutional rights, but a gross indignity to the citizens of this State, which would be resisted to the last extremity."

The call of President Lincoln for seventy-five thousand volunteers removed any preexisting doubt as to the intent to coerce the States which should claim to assert their right of sovereignty. Missouri, while avowing her purpose to adhere to the Union, had asserted her right to exercise supreme control over her domestic affairs, and this put her in the category of a State threatened by the proceedings of the United States Government. To provide for such contingency as might be anticipated, Governor Jackson, on the 13th of June, issued a call for fifty thousand volunteers, and Major-General Price took the field in command. In this proclamation Governor Jackson said:

"A series of unprovoked and unparalleled outrages has been inflicted on the peace and dignity of this Commonwealth, and upon the rights and liberties of its people, by wicked and unprincipled men professing to act under the authority of the Government of the United States."

In his endeavor to maintain the peace of the State, and to avert, if possible, from its borders a civil war, he caused the aforementioned agreement to be made with the commander of the Northern forces in the State, by which its peace might be preserved. That officer was promptly removed by his Government. The Governor then, upon the increase of hostile actions, proposed, at an interview with the new officer commanding the forces of the United States Government, to disband the State Guard, and break up its organization; to disarm all companies that had been armed by the State; to pledge himself not to organize the militia under the military bill; that no arms or munitions of war should be brought into the State; that he would protect the citizens equally in all their rights, regardless of their political opinions; that he would repress all insurrectionary movements within the State; would repel all attempts to invade it, from whatever quarter, and by whomsoever made; and would maintain a strict neutrality and preserve the peace of the State. And, further, if necessary, he would invoke the assistance of the United States troops to carry out the pledges. The only conditions to this proposition made by the Governor were that the United States Government should undertake to disarm the "Home Guard" which it had illegally organized and armed throughout the State, and pledge itself not to occupy with its troops any localities in the State not occupied by them at that time.

The words of a Governor of a State who offered such truly generous terms deserve to be inserted: "Nothing but the most earnest desire to avert the horrors of civil war from our beloved State could have tempted me to propose these humiliating terms. They were rejected by the Federal officers."

These demanded not only the disorganization and disarming of the State militia and the nullification of the military bill, but they refused to disarm their own "Home Guard," and insisted that the Government of the United States should enjoy an unrestricted right to move and station its troops throughout the State whenever and wherever it might, in the opinion of its officers, be necessary either for the protection of its "loyal subjects" or for the repelling of invasion; and they plainly announced that it was the intention of the Administration to take military occupation of the whole State, and to reduce it, as avowed by General Lyon, to the "exact condition of Maryland."

We have already stated that the revolutionary measures which the United States Government had undertaken to enforce involved the subjection of every State, either by voluntary submission or subjugation. However much a State might desire peace and neutrality, its own will could not elect. The scheme demanded the absolute sovereignty of the Government of the United States, or, in other words, the extinguishment of the independence and sovereignty of the State. Human actions are not only the fruit of the ruling motive, but they are also the evidence of the existence of that motive. Thus, when we see the Governor of the State of Missouri offering such generous terms to the government of the United States in order to preserve peace and neutrality, and the latter, rejecting them, avow its intention to do its will with the authorities, the property, and the citizens of the State, and proceed with military force to do it, its actions are both the evidence and the fruit of its theory. These measures were revolutionary in the extreme. They involved the entire subversion of those principles on which the American Union was founded, and of the compact or Constitution of that Union. The Government of the United States, in the hands of those who wielded its authority, was made the bloody instrument to establish these usurpations on the ruins of the crushed hopes of mankind for permanent freedom under constitutional government. For the justness and truthfulness of these allegations I appeal to the impartial and sober judgment of posterity.

The volunteers who were assembled under this proclamation of Governor Jackson, of June 13th, had few arms except their squirrel-rifles and shot-guns, and could scarcely be said to have any military equipments. The brigadier-generals who were appointed were assigned to geographical divisions, and, with such men as they could collect, reported in obedience to their orders at Booneville and Lexington. On the 20th of June, 1861, General Lyon and Colonel F. P. Blair, with an estimated force of seven thousand well-armed troops, having eight pieces of artillery, ascended the Missouri River, and debarked about five miles below Booneville. To oppose them, the Missourians had there about eight hundred men, poorly armed, without a piece of artillery, and but little ammunition. With courage which must be commended at the expense of their discretion, they resolved to engage the enemy, and, after a combat of an hour and a half or more, retired, having inflicted heavy loss upon the enemy, and suffering but little themselves. This first skirmish between the Federal troops and the Missouri militia inspired confidence in their fellow-citizens, and checked the contemptuous terms in which the militia had been spoken of by the enemy. Governor Jackson, with some two hundred and fifty to three hundred of the militia engaged in the action at Booneville, started toward the southwestern portion of the State. He marched in the direction of a place called Cole Camp, and, when within twelve or fifteen miles of it, learned that a force of seven hundred to one thousand of the enemy had been sent to that point by General Lyon and Colonel Blair, with the view of intercepting his retreat. The design, however, was frustrated by an expedition consisting of about three hundred and fifty men, commanded by Colonel O'Kane, who had assembled them in a very few hours in the neighborhood south of the enemy's camp. There were no pickets out except in the neighborhood of Jackson's forces, and Colonel O'Kane surprised the enemy where they were asleep in two large barns. The attack was made at daybreak, the enemy routed after suffering the heavy loss of two hundred and six killed and more wounded, and more than a hundred prisoners. Three hundred and sixty-two muskets with bayonets were captured. The Missourians lost four killed and fifteen or twenty wounded.

General Price, with a view to draw his army from the baseline of the enemy, the Missouri River, ordered his troops to the southwestern portion of the State. The column from Lexington marched without transportation, without tents or blankets, and relied for subsistence on the country through which it passed, being in the mean time closely pursued by the enemy. The movement was successfully made, and a junction effected in Cedar County with the forces present with Governor Jackson. The total when assembled was about thirty-six hundred men.