Secrets of the Late Rebellion

Thus matters went on for weeks and months, until one day, when he was about passing a sentinel's post, the sentinel had the curiosity, not only to inquire, but to make a careful examination, of what he had in his wagon. He found barrels of sugar, bags of coffee, chests of tea, sacks of salt, barrels of whiskey, and such other articles as are usually kept and sold at country stores. The sentinel asked Mr. E. if he did not keep a store? Oh, no, he said, he bought these things all for his own use and for the use of his servants on the farm, of whom he had a large number. He never sold an ounce of anything to anybody, and kept his supplies so concealed that when rebels came to his house, as they did sometimes, they never could see anything. On no consideration would he sell or give anything to the rebels, and the Union soldiers, of course, never had occasion to buy anything outside of their lines.

His manner, as well as his words, still further excited the suspicion of the sentinel, and so soon as he was relieved he went to his captain and told him all that had occurred. The captain reported the facts to his colonel, and received orders from him to instruct the sentinel on that post that when Mr. E. next attempted to pass out of the lines with a load of groceries to halt him, and bring him and his wagon to the regimental headquarters. Only a few days elapsed, when Mr. E. again attempted to pass out with a heavier load than at any time previous. When he showed his pass, as usual, the sentinel replied that his orders were to halt him until he could call the corporal of the guard. Mr. E. protested against the unnecessary detention, but, as the sentinel would not yield, he could do nothing else than wait until the corporal came. The corporal informed him that he must turn his team about and accompany him to the regimental headquarters. Mr. E. was now more alarmed than ever, and tried first to cajole and then to bribe the corporal and the sentinel to let him pass, but they would not listen to his overtures. Finding no other way, he turned his team about and accompanied the corporal to the regimental headquarters. The colonel examined Mr. E.'s load and found that it consisted principally of groceries. In reply to the question, What he did with them? he answered the colonel, as he had before answered the sentinel, that he used them for himself and the servants on his farm; that he did not sell an ounce to the rebels; would not, under any circumstances, etc., etc. The colonel listened respectfully to all that Mr. E. said, but did not believe a word of it. When he had finished, the colonel replied, very calmly but very determinately, that as Mr. E. was a private citizen, and could not, therefore, be tried by a court-martial, he must accompany him next morning to Alexandria, that all the facts of the case might be laid before the Provost-Judge of that city for such action as he might think proper. Meanwhile, his team and his goods would be well taken care of, and he should regard himself as in arrest. Mr. E. protested, but soon became satisfied that he was in the hands of one who could not be cajoled or trifled with, and that submission was his only course.

Next morning the colonel, accompanied by Mr. E., the corporal, and the two sentinels – the one who had examined Mr. E.'s load the first time and the one who had detained him last – went to Alexandria, reaching there about nine o'clock. They went direct to the general, headquarters, and the colonel at once communicated all the facts to Judge Freese. He replied that the provost-court met at ten o'clock, and that so soon as all other cases had been adjudicated this case should be heard, and that the colonel, his prisoner, and his witnesses should be in attendance.

Promptly at ten o'clock the court opened. A dozen or more cases were heard and adjudicated, after which the case of Mr. E. was called. The first witness – the first sentinel – gave in his testimony just as detailed heretofore. The second sentinel and the corporal did the same. The colonel then related all that he knew about the case, and in the course of his testimony, said that he had known of Mr. E. ever since encamped where he then was; that he had frequently heard other officers speak of him; that he, with others, had often watched Mr. E.'s house through their field-glasses, and frequently seen rebel officers and privates coming and going; that for a week previous Mr. E. had gone backwards and forwards through the lines every day or two, usually in a two-horse covered wagon, and dressed as a hard-working farmer; that he always had with him a permit from the general commanding to pass in and out, and that his sentinels had never thought to question his right so to do until after the one sentinel took the liberty of looking in Mr. E.'s wagon, and found it filled with boxes and barrels; that since then he had talked the matter over with the general and several other officers, and all agreed in the opinion that Mr. E. was selling these supplies to the enemy; that, thereupon, he had directed the sentinel upon that post to be instructed to arrest him and bring him to his headquarters should he again attempt to pass with a loaded wagon; that his wagon, when so arrested, was loaded, as heavily as two horses could well draw, with groceries, liquors, etc., and that the team, wagon, groceries, and liquors were now in his camp subject to any order the court might make.

Mr. E. was then called upon by the court to present any witnesses he might have, or to offer himself as a witness, or to say anything he could in his own defence, or all together, if he chose.

Mr. E. replied that he had no witnesses to offer, but, if the court please, would like to make a statement. He then repeated about the same story he had told the sentinel and the colonel, and added, that in Sussex County, New Jersey, where he was well known, nobody doubted his loyalty; that his father had, at one time, been a member of Congress from that State, and that he himself would probably have raised a company or a regiment of volunteers when the war commenced had he not owned this plantation in Virginia and had it to look after. He insisted upon his loyalty, and strongly urged his immediate release from arrest.

The court replied that cases of this kind were exceedingly perplexing at all times, and he, the Judge, would only be too glad if there were some other tribunal to which they could be referred; but as there was not, he could not do less than hear them, and after hearing, if he found cause for action, he could not do less than act. "In this case it was perfectly plain to the court that, notwithstanding Mr. E.'s denial, he had been selling groceries, liquors, etc., to officers and privates of General Lee's army, and might, therefore, fairly be presumed to have given 'aid and comfort to the enemy.' But the court did not believe that it had been done with any such intent. On the contrary, the court believed that it was the love of money – which is said to be the 'root of all evil' – that had induced the defendant to do just what he had done. Mr. E. is one of the thousands and tens of thousands throughout the North who, while making loud professions of loyalty, are all the while looking out for the 'main chance;' whose loyalty goes no deeper than their pockets; whose self-interests so far overbalance any sentiment of patriotism or loyalty, that they would be Lincoln men, or Davis men, just as they thought the one or the other was likely to win; who, while claiming the protection of one government and getting from it all they could, were all the while profuse in promises to the other, and ready to do for it whatever they could, whereby to put dollars in their own pockets or honors upon their own heads or shoulders. Nor is this sentiment confined to farmers and merchants, but the court regrets to have to believe it is to be found in the army, in the navy, in the very presence-chamber of the chief executive, and what is true of the North, the court has no doubt is equally true of the South, though not probably to so great an extent.

"In this case the defendant, doubtless, excused himself somewhat on the ground that he was doing it upon his own property, and that he was doing it as a matter of self-preservation, which, as has been well said, is the 'first law of nature.' But while such pleas would be entirely valid in time of peace, they are not valid in time of war. At such a time, all private interests have to yield to the public good, and what may seem like the taking away of natural rights from the one, may be justice, only justice, to the many. The defendant, too, though a man of general intelligence, was probably not aware that he was violating any law, State or national, in doing what he did.

"Viewing the case from all these stand-points, the court has decided to suspend sentence upon this defendant until he shall be again found violating, or not fulfilling, the orders of the court. Meanwhile, the court orders that the goods now in Mr. E's wagon shall be brought back to Alexandria and returned to the parties from whom they were purchased; that, immediately after, whatever other goods may be found upon Mr. E.'s premises (other than enough to support the servants on the place for one month, if any servants at all be found there) shall be brought to this city and returned in like manner; that, after remaining one week longer on his farm, to 'put his house in order,' Mr. E. shall return to his home in Sussex County, New Jersey, and remain there until the war closes; that, if at any time after one week Mr. E. be found upon his farm, or in Alexandria, he be at once rearrested and brought before this court for sentence upon the charges now pending; and, if so brought, the defendant may rest assured that he will not have opportunity to give the enemy any aid and comfort after that.

"With you, Colonel W., the court leaves the execution of this order in all its details, and, while thanking you for what you have already done, will thank you still more when you have rendered this additional service for the government."

The court then adjourned, and, of the large number present, there was probably not one, save the extremists on either side, who might be counted on one's fingers who did not approve of the action of the court in the case. It need only be added that the orders of the court were carried out to the letter; that Mr. E. returned to his home in New Jersey and remained there until the war ended.

Another case, of altogether a different character, and yet involving the same principle – namely, that of disloyalty to the government by aiding the enemy in a surreptitious way – occurred not long after and was as follows:

The "Hutchinson Family," who had been giving a series of concerts in Washington, was invited by some New England regiments, encamped not far from Alexandria, to come to their encampments and give a series of concerts. The "Family" had accepted the invitation and given several concerts in pursuance thereof. Of course, their programme was made up largely of war lyrics – at that time by far the most popular songs with a Northern audience, and especially with soldiers – among which was that wonderful, soul-stirring poem by the Quaker poet, John G. Whittier, as follows:

"We wait beneath the furnace blastThe pangs of transformation;Not painlessly doth God recastAnd mould anew the nation.Hot burns the fireWhere wrongs expire;Nor spares the handThat from the landUproots the ancient evil.''The hand-breadth cloud the sages feared,Its bloody rain is dropping;The poison-plant the fathers sparedAll else is overtopping.East, West, South, North,It curses the earth:All justice dies,And fraud and liesLive only in its shadow."What gives the wheat-field blades of steel?What points the rebel cannon?What sets the roaring rabble's heelOn the old star-spangled pennon?What breaks the oathOf the men o' the South?What whets the knifeFor the Union's life? —Hark to the answer: Slavery!"Then waste no blows on lesser foes,In strife unworthy freemen;God lifts to-day the veil, and showsThe features of the demon'O North and South*Its victims both,Can ye not cry,'Let Slavery die!'And Union find in freedom?"What though the cast-out spirit tearThe nation in his going?We who have shared the guilt must shareThe pang of his o'erthrowing!Whate'er the loss,Whate'er the cross,Shall they complainOf present pain,Who trust in God's hereafter?"For who that leans on his right armWas ever yet forsaken?What righteous cause can suffer harm,If He its part has taken?Though wild and loud,And dark the cloud,Behind its foldsHis hand upholdsThe calm sky of to-morrow!"Above the maddening cry for blood,Above the wild war-drumming,Let Freedom's voice be heard, with goodThe evil overcoming.Give prayer and purseTo stay The Curse,Whose wrong we share,Whose shame we bear,Whose end shall gladden Heaven!"In vain the bells of war shall ringOf triumphs and revenges,While still is spared the evil thingThat severs and estranges.But blest the earThat yet shall hearThe jubilant bellThat rings the knellOf Slavery forever! -"Then let the selfish lip be dumb,And hushed the breath of sighing;Before the joy of peace must comeThe pains of purifying.God give us grace,Each in his placeTo bear his lot,And, murmuring not,Endure, and wait, and labor!"

To this was added another of Whittier's poems, called The Crisis, as follows:

"The crisis presses on us; face to face with us it stands,With solemn lips of question, like the Sphinx in Egypt's sands!'This day we fashion Destiny, our web of fate we spin;This day for all hereafter choose we holiness or sin;Even now from starry Gerizim, or Ebal's cloudy crown,We call the dews of blessing, or the bolts of cursing down!"By all for which the martyrs bore their agony and shame;By all the warning words of truth with which the prophets came;'By the future which awaits us; by all the hopes which cast'Their faint and trembling beams across the blackness of the past,'And in the awful name of Him who for earth's freedom died;O ye people, O my brothers! let us choose the righteous side!"So shall the Northern pioneer go joyfully on his way,To wed Penobscot's waters to San Francisco's bay;To make the rugged places smooth, and sow the vales with grain,'And bear, with Liberty and Law, the Bible in his train;The mighty West shall bless the East, and sea shall answer sea;'And mountain unto mountain call: Praise God, for we are free!"

Though the regiments to which they sang were made up principally of anti-slavery men, yet there were a few proslavery men among them, and these objected, loudly and vehemently, to introducing or stimulating anti-slavery sentiments among the soldiers. Especially did they object to those lines by Whittier. This caused considerable discussion among both officers and men, which, through one of the pro-slavery officers, finally reached the ears of General McClellan, then in command of the forces south of the Potomac. The General, for reasons best known to himself, thereupon issued an order to the "Hutchinson Family" to sing no more in the camps, and retire at once.

In obedience to this order, the "Family" left the camps and came to Alexandria, on their way to Washington. The reason for their leaving the camps had reached Alexandria before the coming of themselves, and had produced a very strong feeling among the Union men of the city against General McClellan, and in favor of the Hutchinsons.

On reaching there, they were called upon by a number of leading citizens, among whom was Hon. Louis McKenzie, afterwards a member of Congress from that district, and then and always a consistent Union man. They requested the Hutchinsons to give a concert in the city before leaving, and promised them a large and sympathizing audience. The Hutchinsons were entirely willing to give a concert, provided they could be assured of protection; but, having just been ordered by General McClellan to leave his command, they feared to sing again south of the Potomac, unless they had permission, and promise of protection, from the local authorities. This the callers promised to procure, and at once went to the general headquarters for that purpose.

They at first called upon General Montgomery. He, while entirely sympathizing with their wishes, hesitated about giving such formal permission, or promising any such protection, for the reason, that, being within General McClellan's command, the General might regard it as a contempt of his order to the Hutchinsons; nevertheless he would impose no objections of any kind, and recommended the applicants to see Judge Freese about it. General Montgomery really desired to do all that the committee requested; but, for the reasons above stated, preferred that Judge Freese should do it, by virtue of his milito-civic authority as judge of the provost-court.

The committee next called upon the Provost-Judge and laid all the facts before him, stating that General Montgomery had suggested that they call upon him. They urgently requested Judge Freese to grant the needed permission, with promise of personal protection. The Judge did not hesitate a moment to grant both requests. He told the committee that if the court, backed by the provost-guard, was not strong enough to protect peaceable citizens in the giving of a concert, no matter what was sung, the sooner the people knew it the better, and he was ready to test the matter at once. As to General McClellan's order, he regarded it as wholly unreasonable, and the army regulations required no officer to obey an "unreasonable" order. While he had a very high regard personally for General McClellan, he thought, in this matter, he had given too much heed to the enemies, and too little heed to the friends, of the government; and, whatever might be the consequences to himself, he had no hesitancy in granting the asked-for permission and promise of protection, even though General McClellan or his friends should regard it in direct contumacy of his order to the Hutchinsons. The Judge further said to the committee, that he "particularly desired Whittier's great poem to be sung, nor need the singers hesitate to introduce other war lyrics of like character – the more the better."

The committee then procured one of the churches in which to hold the concert, and fixed upon the evening of the next day as the time. Meanwhile the Provost-Judge directed the Provost-Marshal to double the number of guards throughout the city for that night, from eight to twelve o'clock, and to have all who were not on post at the church while the concert was being held – each with loaded musket and fixed bayonet.

The news of the proposed concert spread rapidly through the city, and when the evening and hour arrived, every seat in the church was filled, while hundreds were gathered outside. The windows of the church were thrown wide open, that the citizens and soldiers outside might the better hear the words and music. The Provost-judge and Provost-Marshal took seats near the outer door, and it was observed that while they seemed to give one ear to the music, the other was given outside, to catch the first note of alarm, should any occur. General Montgomery expressed a very strong desire to attend the concert, but, out of courtesy to General McClellan, his commanding officer, thought he had better not, and therefore stayed away. The concert proceeded without an iota of disturbance, and gave great pleasure to the many hundreds present. Whittier's poem, and several others of like character, were so encored that the singers were obliged to repeat them. When the concert had ended, the Provost-judge and Provost-Marshal, with the guard which had been stationed about the church, accompanied the Hutchinsons to their lodgings, and left them in care of trusted friends. They were not disturbed through the night, and left next morning for Washington, well pleased with their stop-over at Alexandria.

This was not only a triumph over disloyalty, but another instance strongly illustrating the restraining power which the provost-court held in that community. The day preceding the concert, and the day of the evening on which it was held, there were loud threats not only among avowed secessionists, but among anti-administration men, that the concert should not be given. Their own personal and political prejudices had been so aroused, backed and stimulated by General McClellan's order, that a single spark would have ignited their whole magazine of passion; and but for the wholesome dread which they had of Judge Freese's "Bayonet Court," as they were then in the habit of calling it, that spark would undoubtedly have been applied.

The love of money, old political prejudices, and inordinate ambition, were the three vile roots from which most of disloyalty sprang during the late war, both in the North and in the South; and the illustrations given in this chapter are but two of hundreds which might be given, if the proposed limits of this volume would allow.

CHAPTER XIV. DISLOYALTY AS AFFECTING THE RIGHTS OF PROPERTY. ERROR AND PREJUDICE PROMPTING THE ACTORS

ANOTHER class of cases brought before the provost-court at Alexandria related to disloyalty as affecting the property-rights of individuals. In the hasty evacuation of the city, when the Union troops were about coming in, many had left their carpets, furniture, pianos, bed? and bedding, cooking utensils, everything, indeed, except the clothing upon their persons and such few things as they could pack in trunks. In some cases, persons remaining in Alexandria had been given the keys of abandoned houses and stores and the goods within left in their charge; but in other cases, so great had been the fright and haste of the occupants, that even this precaution had not been observed. What was true of Alexandria was no less true of the country for several miles around. As regiment after regiment came over from Washington and encamped at points from one to five miles west and south of Alexandria, they found many farm-houses and gentlemen's residences abandoned, in which had been left the furniture, the pianos, the beds and bedding, and whatever else could not be carried away in trunks. Of course, all such abandoned residences were appropriated for headquarters of divisions, brigades, and regiments, so far as they were needed for such purposes; and, in Alexandria, such residences as were not needed for headquarters were quickly applied for (or taken possession of in many cases without any application to the General commanding) by those who came to the city for purposes of trade, and for other purposes.

Thus far everything progressed with what seemed to be a sort of general consent; but pretty soon a new class of questions arose, in which there was a decided difference of opinion, not only as between Union citizens and secessionists, but between Union officers and Union soldiers as well. These questions arose from an assumed right, upon the part of some, to appropriate for their own individual use and profit whatever had been abandoned by those who had gone into the Confederate lines, and who thereby had openly declared themselves not only disloyal, but hostile, to the United States government.

Those who assumed such right, attempted to justify their opinions and their acts by referring to the Act of the United States Congress of August, 1861, by which all property used for insurrectionary purposes was made liable to confiscation; and they further claimed that it was but a fair retaliation to the Act of the Confederate Congress, by which the property of all Union men, living within the Confederate lines, was made liable to sequestration.

General Montgomery was among those who believed that, while the army, as an army, had a right to make use of property abandoned by an enemy, individuals, whether as officers, soldiers, or citizens, had no such right; and among his first acts, after being appointed Military Governor of Alexandria, was to direct his Assistant Adjutant-General to issue an order forbidding the use of abandoned property, without permission first had from general headquarters; and when the provost-court was established, he directed Judge Freese to see that that order be in no way violated or evaded. In every case reported to the Judge, where an attempt was made to take an article from an abandoned house and appropriate it to the private use of the taker, whether officer, soldier, or citizen, the party was directed to refrain, or, if already taken, to return it at once, under the penalty of arrest and punishment. This soon became so generally understood in Alexandria that no further attempt was made to appropriate abandoned property for private use and profit there; but, after a time, a case arose from the country, which required the interposition of the court, a trial of the case, and a judgment; and it is this case which we now propose to relate.