Secrets of the Late Rebellion

It was not for show, by any means, that the Judge rode to the court in uniform, with loaded revolvers in his holsters; nor was it for show that he sat upon the bench in uniform, and had guards about him with loaded muskets and fixed bayonets. Almost from the day that the court commenced its sittings, the secessionists who remained in Alexandria began to sneer at the court, and some even went so far as to threaten the Judge with assassination.

These facts were communicated to the Judge by friends, and through secret detectives, whom the Provost-Marshal had employed to watch every movement in the city. It was, therefore, literally true that the Judge "carried his life in his hand" every moment, and was liable to assault and attempted assassination every time he rode to the court-room, every time he took his seat upon the bench, every time he walked the streets. But a still greater reason for this display of power, and of constant readiness to meet every emergency, was, that the inhabitants of the city might be impressed with the power of the court, and the source from which it derived that power – namely, the military. Without such impression of power among the citizens, the orders of the court would not have been respected and obeyed, and twice, if not four times, the number of guards would have been needed to enforce its orders and maintain quiet in the city. To relate a few of the cases which came before the court, under this particular head, will better illustrate the facts above stated than any amount of theorizing.

One day, the General informed the Judge that, as he was passing along King Street, two females, dressed as ladies, overtook and passed him, and, as they passed, they gathered up their skirts and held them from him, and made other signs of derision and contempt, as though he, the General, was the vilest of all vile creatures. After they had passed, he inquired of a citizen and learned that they were the wives of two noted secessionists, who still remained in the city.

About the same time several officers, and quite a number of the guards, told the Judge that, while the men of the city treated them with entire respect, the women and the children of secession citizens insulted them almost daily – the women by various acts of contempt, and the children by calling them vile names and throwing stones at them. They had borne, they said, these things a long time without seeming to notice them, and without complaint; but the longer and more they forbore, the oftener and viler became the insults, and they could stand it no longer without making complaint to the court.

The Judge thereupon announced in open court, that from thenceforth any woman, or any child, who offered an insult, or threw a stone or other missile at any officer or soldier upon the public streets, should be promptly arrested and inquired of as to who was their husband, father, brother, or other near male relative. That, if the guard making the arrest was not entirely satisfied as to the truthfulness of the answers made, the woman or child should be at once brought to the office of the Provost-Marshal or of the Judge, for such further questioning and disposition as either might deem proper in the case. That, upon ascertaining, without doubt, the name and whereabouts of the husband, father, or brother, the woman or child should be dismissed, and the husband, father, or brother of the one offending should be immediately arrested, locked up in jail until next day, and then brought before the court for trial and sentence. Or, if the woman arrested proved to be a courtesan, or, if the child had no father or adult brother who could answer for him or her, then the woman herself, or the child, should be locked up in jail until the next day, and then brought before the court for trial and sentence.

Within twenty-four hours after this order was promulgated from the bench, it was known to every man, woman, and half-grown child of the city. Of course, there were deep mutterings, some cursing, and not a few threats, especially against Judge Freese, but the effect was wonderful and immediate. So wholesome a dread did it produce on the minds of those who had been offering such insults, daily, and almost every hour of the day, that there was only one instance in which the order had to be executed. That was the case of a child, who called vile names and threw stones at one of the guards, while at his post. The child was promptly arrested, the name of his father ascertained, the child dismissed, and the father at once arrested and locked up until next day. When brought before the court, the father proved one of the most pronounced secessionists of the city, and, instead of apologizing for the rude acts of his son, rather approved of what he had done. The Judge tried to reason with him as to the impropriety of such conduct towards any one, and especially towards a guard, whose duty and business it was to protect the lives and property of secessionists no less than of Unionists. But the longer the Judge reasoned, the more obstinate the defendant became, until finally the Judge said he would have to make a slight example in his case, and thereupon sentenced him to ten days in the county jail – promising that the next person arrested for a like offence should receive a sentence doubly, if not quadruply, as great. The news of the arrest and sentence was speedily known in every house of the city, and from thenceforth no other arrest was necessary for a like offence. The recognized power of the court had done the work, with but one arrest and punishment as an example. But for this recognized power, at least a hundred arrests would have been needed before the evil could have been abated.

Another instance of the recognition of the power of the court was as follows: One of the Episcopal ministers of the city was known to be in the habit of omitting the prayer for the President of the United States, found in the morning service of the Episcopal prayer-book. The fact was told to the Provost-judge, and he was asked by some over-zealous Unionists to send a note to the minister, requiring him to use the prayer, or be subject to arrest in case he refused. The Judge declined to do any such thing – telling his informants, that whether the minister used that prayer or not was purely a matter of conscience, and that it was no part of his business, or the business of his court, to interfere in matters of conscience; that he fully agreed with Roger Williams in the opinion, that the civil or military authorities of a town, city, or state, "have no more right to command over the souls and consciences of their subjects than the master of a ship has over those of his passengers or the sailors under him, although he may justly see to the labor of the one, and the civil behavior of all in the ship;" that so long as the Episcopal minister, and those who attended his church, deported themselves as quiet citizens, attending to their own affairs and not interfering with the affairs of others, no matter what might be their sentiments on religious or political affairs, they were entitled to protection in their persons and property, and should have it.

Those who reported the minister and desired his arrest were not at all pleased with Judge Freese's reply, and tried hard to get up some feeling against him among the Union men of the city; but utterly failed in the attempt. The Judge's Union sentiments were too well known, and had been too often tested, to allow any one who knew him to doubt him for a moment. Failing to make any impression against the Judge among the Union men of the city, these over-zealous busybodies next tried their hands among the officers of troops which lay about the city. It chanced, just at that time, that a regiment of Illinois cavalry was encamped on the outskirts of the city, whose officers were known to be among the most violent abolitionists of the country; men who believed, or pretended to believe, that no man who lived in a slave State had any rights which a Union man was bound to respect – not even the right of conscience. To these officers these busybodies told the story about the Episcopal minister omitting the prayer for the President in the morning service of the prayer-book; and also of their having told the whole thing to Judge Freese, and of his refusing to issue an order to the minister to use the prayer or be subject to arrest.

One of their listeners, the Lieutenant-Colonel of the regiment, became so interested in their story as to volunteer at once to bring the recusant minister to speedy justice; nor did he care "a snap of his finger for Judge Freese, or for any other judge." Several other officers of the regiment volunteered to join him, and the plan agreed upon was that, on the following Sabbath, they would all attend the Episcopal service, and when the Rev. Doctor came to the part where the prayer for the President occurs, in the "morning service," if he failed to read it, the Lieutenant-Colonel would arise in his seat and demand that it be read, and if the minister refused, then to arrest him, and take him to the general headquarters. According to appointment, the Lieutenant-Colonel and his friends were at the church on the following Sabbath morning. The congregation was not large, but those present seemed to be unusually devout. The sexton had given the Lieutenant-Colonel and his friends seats in about the centre of the church. The service was opened in the usual form. The "general confession" had been repeated, all kneeling; the "declaration of absolution" had been pronounced; the Lord's prayer said in a clear but subdued voice; the "Venite Exultemus Domino" had been sung by the choir; the portion of the Psalms appointed for the day read; the "Te Deum Laudamus" sung; the lesson from the New Testament, according to the calendar, read; the Apostles' Creed repeated; and the prayers were being read, when, all of a sudden, a stentorian voice was heard, saying, "I demand, sir, that you read the prayer for the President of the United States." Had a cannon-ball burst through the walls of the church and fallen upon the floor just at that instant, greater surprise would not have been created. For a moment the minister stopped in his prayers. Part of the congregation arose from their knees to their feet and looked wildly around. Some of the more nervous of the ladies burst into tears. Confusion worse confounded seemed to pervade the whole congregation. So soon as the minister recovered self-possession, he commenced to read the prayer "for the clergy and people," when again a voice, louder than before, sounded throughout the church, saying, "I demand, sir, that you read the prayer for the President of the United States." Again the minister stopped, and again confusion prevailed for some moments. When quiet again prevailed, the minister, without having made any answer whatever to the two former requests, commenced to read the prayer for "all conditions of men," when again the demand to read the prayer for the President was repeated in a still louder and more threatening tone. The minister then arose from his knees, and, looking towards the Lieutenant-Colonel, said, "My conscience will not allow me, at this time, to read that prayer, and the congregation who statedly worship in this church have requested that I should not read it while the war between the North and the South continues."

"Then, sir, you shall read no others while the war continues, and I now arrest you on the charge of treason," said the Lieutenant-Colonel.

This, of course, still further increased the astonishment and confusion of the congregation. For a few moments every one seemed utterly dumbfounded. Meanwhile the Lieutenant-Colonel and his party left their seats, advanced near the altar, and told the minister he must accompany them to the general headquarters. The minister asked whether he might not first go to the vestry-room to lay aside his surplice and gown. The Lieutenant-Colonel answered, "No; come as you are." He then came out from the chancel, joined his arresters, and, in full canonicals, without hat or cap, marched with them through the streets, several squares, to the general headquarters.

All this had been done without any knowledge whatever on the part of General Montgomery or Judge Freese, nor could any two have been more astonished than they were on seeing the minister and hearing the story of his arrest. The General was annoyed beyond measure, and, for a time, hardly knew what to say or to do. The Judge was decidedly more self-possessed, but, of course, said nothing. The General, turning to the Judge, asked him if he had heard anything of the case before. The Judge then told the General all that he had known, and all that he had said about it, as has been heretofore detailed. As he, the Judge, had done nothing, and had refused to do anything, concerning it, of course he had made no report of it to the General, since there was nothing to report. The General, turning to the Lieutenant-Colonel and his party, said that he entirely agreed in sentiment with his Assistant Adjutant-General; that there was no reason, not the slightest, for the arrest of this minister; that every officer engaged in the arrest had made himself liable to be put in arrest, and tried by court-martial, for doing that which he had no right to do as a military man; and that the minister, upon complaint to the Provost-Judge, might have every one of them arrested and tried by the Provost-Court for assault and for a disturbance of public services. In conclusion, the General discharged the minister from arrest and told him that he might go to his own home, when, turning to the cavalry officers, he said, "The sooner you can get back to your own quarters, and the closer you remain there hereafter, the better will it be for you."

As might have been expected, all this created a great amount of excitement on the streets and about the headquarters. The minister in his white robes, in charge of several officers in full uniform, and with the entire congregation following after, was such a sight as had never been seen in Alexandria before. Everybody – men, women, and children – who saw it, followed after, until, when the headquarters were reached, there were several hundred persons present. When the General's decision in the case became known to the crowd, there was a general approval, as much among Unionists as among secessionists; but to this there were some exceptions. The officers and their informers, who had been balked in their mad purposes, felt chagrined and angry, and left the headquarters with scowling faces, as though still bent on mischief. The General and the Judge went to their private quarters, in a building across the street, nearly opposite to the general headquarters. They supposed the trouble ended, and that they should hear nothing more of it.

In about an hour thereafter, when the General and the Judge had just risen from their mess-table, an orderly came rushing into their quarters, to say that a large crowd of cavalry officers, soldiers, and citizens were gathered about the Episcopal church, on E Street (the one in which the minister had been arrested), and that they were threatening to burn it. The General at once buckled on his sword, and told his Adjutant to do the same. Both put their revolvers in their belts. The Judge then told the orderly to hasten to the Provost-Marshal's office, and tell him to come himself, and bring as many officers and men with him as possible to the Episcopal church on E Street,'and there await further orders from the General or himself. The General and the Judge then went to the church in all possible haste, and found, as had been told them, several hundred soldiers and citizens gathered about it. In a little while after, the Provost-Marshal, with a considerable number of his guard, appeared on the ground. "Burn it! burn it! burn it!" with intermingling oaths, could be heard every now and then from the mouths of half-crazed cavalry soldiers. The General and the Judge worked their way through the crowd, and took their stations directly in front of the church. The Provost-Marshal and his guard also worked their way through the crowd to the same place. The General then told the Judge to command the peace, in as loud a voice as he could. The Judge did so, and then added, "If any one attempts to set fire to this church, he will be shot down at once – and all persons, whether soldiers or citizens, who are found within five hundred yards of this church building after thirty minutes shall have expired, will be arrested by the provost-guard, put in jail until to-morrow, and then brought before the Provost-Court for disturbing the peace and violating the sanctity of the Sabbath." Scarcely had the Judge finished his proclamation, before the crowd commenced to move off, and before the thirty minutes had expired not a soldier or citizen could be seen on the street, save the General and his party. Guards were then stationed at every approach to the church, with orders that they should be regularly relieved and the stations maintained until otherwise ordered.

There was no other attempt to set fire to that church, nor to any other in Alexandria, after that, so long as "Judge Freese's bayonet court" continued to have an existence – nor could there have been a more signal instance to exemplify the acknowledged power of the court than the one just related. The cavalry regiment spoken of numbered over one thousand officers and men, nearly every one of whom held sentiments much the same, if not precisely the same, as the Lieutenant-Colonel. Within a circle of a few miles were dozens of other regiments, nearly all of whom held similar sentiments. Had that one church been burned on that day, probably every other church and two-thirds of all the buildings in the city would have been burned during the following thirty days. To prevent that church from being burned, there were present not more than fifty officers and men, as against at least one thousand of an opposite sentiment. In physical power the one was as nothing to the other; but, after the Judge had finished his announcement, there was not one of the thousand who stopped for a moment to question the power of which the Judge was the representative. Had a like power existed, and had a like power been exercised in other cities of the South occupied by Union troops, how many millions upon millions of dollars' worth of property might have been saved from the flames!

We will give only one other instance under this head, though, if time and space permitted, it would be easy to give scores.

Mr. D. lived upon one of the most fashionable streets of Alexandria, and his family had long been regarded as among the F. F. V.'s of the State. He owned lands in other parts of Virginia on which he had a large number of slaves, and always kept a few at his Alexandria residence to wait upon his family. For some cause Mr. D. did not leave Alexandria when other secessionists left, though he took the precaution to send all his slaves away except two, both females – mother and daughter – the one about forty, the other about twenty years of age.

Mr. H. lived next door to Mr. D., and though a Northern man by birth, had long been a resident and merchant of Alexandria. He had always been conscientiously opposed to owning slaves, though he had hired them of others as family servants ever since his residence in the city. The families of Messrs. D. and H. had long been on the most friendly terms, and continued so, notwithstanding the war, up to the very day on which the incident occurred which we are now about to relate.

For some weeks previous to this day, Mrs. H. had occasionally heard terrible, unearthly screams next door, and had wondered again and again what on earth it could mean. She had mentioned the fact to her husband, and he had suggested that it was probably the cry of servants being punished; but being upon the most friendly terms, as before stated, with their neighbors, they could not, and did not, say a word about it to others. Thus matters went on until the day in question. Again Mrs. H. heard the same fearful, heart-rending cries, and they continued on and on until her very heart grew sick and faint. Just then she heard some one calling her name loudly from the back yard of the next building, and, stepping to the window, saw the elder of Mrs. D.'s two servants wringing her hands and crying out:

"Oh, come, Mrs. H., come quickly! come quickly! They are killing my child! they are killing my child!"

Tears were pouring in a stream from the poor mothers eyes, and it seemed as though her very heart would break from anguish. Mrs. H. could stand it no longer, and stepping out on her own back porch, which adjoined that of Mrs. D.'s, called out for Mrs. D., and when she appeared, asked her what was the cause of such awful screaming.

"Oh, nothing, nothing," answered Mrs. D. "It's only Jane, whom Mr. D. is punishing for looking out of the windows at the soldiers as they pass. I have told her again and again that she should not do it, and yet she will persist in it."

"But," said Mrs. H., "was that all? Surely a young girl like her could hardly do otherwise than look out of the windows when she heard music and saw soldiers passing? Did she do nothing else, Mrs. D.?"

"No, nothing else," answered Mrs. D.; "but Mr. D. says if she and her mother are allowed to look out of the windows at the soldiers, they will soon be wanting to run away, and therefore we must not allow them to look out."

"They don't neglect their work, do they, Mrs. D.?" asked Mrs. H.

"Oh, no," answered Mrs. D. "They are both most excellent servants, and never neglect their work; but hav-ing these Yankee soldiers in the city will, we fear, make them want to run away, and it is only to prevent them from getting any such foolish notion in their heads that we have forbid them to look out at the windows."

"Have you had to punish them often for disobeying the order?" asked Mrs. H.

"Oh, no, not often," answered Mrs. D. "This is only the fifth time, I think, that Mr. D. has had to whip Jane since the Yankee soldiers came into the city, and her mother has only needed three punishments for the same offence. Take them all in all, there are, I think, few better servants in Alexandria than Jane and Mary."

This ended the conversation between the two ladies at that time, and Mrs. H. returned to her own parlors a sadder, if not a wiser, woman. Within a half hour Mrs. H. heard still louder and more piercing cries, and the voice this time was plainly that of Jane's mother. Stepping to and opening one of her back parlor-windows, she could distinctly hear the conversation between Mr. D. and Mary, which seemed to come from the garret of the house, the back dormer-windows of which chanced to be open.

"Oh, don't kill me, Mr. D., don't kill me! I only called Mrs. H. because I thought you was killing my child – she screamed so terribly! Oh, please don't whip me any more this time, please! My back is still sore from the last whipping you gave me, and every stroke you now give me seems to cut into the flesh like a knife. Oh, please don't whip me any more! please don't! please! please!"

These words from Mary's lips Mrs. H. distinguished as plainly as though they had been spoken at her side, for both Jane and her mother spoke most excellent English, having always been brought up as house servants, and never having imbibed the habit of using the negro dialect. Indeed, in their habits and manners they were quite as ladylike as their mistress, nor could it hardly be otherwise, since both from childhood had been made to wait upon ladies of education and refinement, and could scarcely have failed to imbibe their language and manners. Pathetic as Mary's pleadings were, however, they failed to reach Mr. D.'s heart, for in a moment after Mrs. H. heard the lash again applied, and this time Mary screamed still louder than before. Again and again she could hear the lash descend upon poor Mary's back, and again and again came from her lips the most horrid screechings and the most piteous moans. Finally, Mrs. H. could listen no longer, but, returning to her sitting-room, threw herself upon a lounge and wept as if her very heart would break. Then and there she made a most solemn vow to God that she would give herself no rest until she had rescued Jane and her mother from their heartless, cruel master, nor would she ever try again to live on terms of friendship, much less of intimacy, with Mr. and Mrs. D.

When Mr. H. came home to tea, he observed that his wife had been weeping, and inquired the cause. She then told him all that she had seen and heard during the afternoon, and begged of him, for her sake, for Mary and Jane's sake, for God's sake, to go, immediately after tea, to Judge Freese's quarters and tell him all that had occurred. She was sure, she said, from what she had heard of his court, that he would not permit such heartless barbarities to continue in Alexandria. The husband was deeply impressed with his wife's story, and still more so by the pathetic appeal which she had made to him in behalf of the two servants, and promised to do as she requested, notwithstanding his very great reluctance to break friendship with Mr. and Mrs. D.