USA > Delaware > History of Delaware : 1609-1888 > Part 87
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graduated at West Point in 1523. He was appointed captain in the r gular army September 23, Isti, and served in Thaida in 18.6-37 and 1 . 140. In July, 1935, he was appointed assistant adjutant-general with the rank of major. On September 24, 1sin, he was breveted lieutenant colonel for bravery at Monterrey and was assigned as mayor uf Fourth lufantry, January 1, 1-46. On July 18, 1x72, he was made as- s,statt .ulmutant-general with mank ot heut nant-colonel, and was pro- to des to audiutant general with tank of Mother -_ enend May, Isol. General Thomas we braved manter-setotal Much 13, Ist and re- Nyhed lebrunry 4, 1969. In Ists he was successful in organizing colored trongs in the West and superintended the free Ihr system on abandoned plantations. He was appunted ud undteras Sretrtart of War, February 21, 1968, by President Jolinson to succeed secretary Stanton, but the latter refused to be di- faced.
352
HISTORY OF DELAWARE.
open, but by marauding confederates, who, ander cover of darkness, threaten to destroy n4.
" The defence of your gott live in keeping open the door of commun- cation, through which re-intotcements can ha forwardl. The tre military line of this State is the bank of the Susquehanna The first effective way to prevent the -porliation of your house is to keep the ene. my outside of it.
" In this emergency un appeal was middle to the lovat man of Dla. ware. They have responded with a realities that challenge > an all- inm and a self -- arribeing spuit that extoits adnuration They have left their work-shops, their story and their fields. The plough sinnels in the furrow an I the reaper in the grain aheady wtute for the Harvest. They have ahandlourd their homes and comuntted their wives an 1 chtl- dren to your protection.
"I appeal to yon, citizens of Delaware, not to permit their devotion to be unarknowledged or their Meritices unrewarded. Save their crops till the fields sureor their families.
" May God have them in his holy keeping and incline your heatts tu acts of charity and duty."
On the 3d of July Gen. Schenck issued the follow- ing proclamation, placing the State under martial law :
" HEADQUARTERS MIDDLE DEPARTMENT, " EIGHTH ARMY CORPS. S " BALTIMORE, Md , July 2, 1983.
"By virtue of my authority as the General commanding this Depart- ment, and in view of the prosent existing necessity for providing with special care against armed rebellion, threatening invasion From withent and secret traitors, plotting against the public safety, within, I do here- by declare and establish Martial Law throughout the State of D Leware.
"The suspension of civil Government is not, however, intended to extend beyond what seems absolutely necessary for the objects in view. All the Courts, Tribunals and political functionaries of state, county and city anthority will continue in the dist harge of their duties as in time of peace ; only in no way interfering with the exeretses of the predom- inant power assumed and assorted by the military authorities. All peaceful citizens are required to remain quietly at their homes and io pursuit of their ordinary avocation-, except as they may be possibly sub- ject to call for personal service, or other necessary requisitions for mili- tary purposes or uses bereatter
" Seditions language, or mischievous practices, tending to the encour- agement of rebellion, are especially prohibited and will be promptly made the subject of observation and treatment. Traitorons and dan- gerous persons must expect to be dealt with as the public safety may require. 'To save the country is paramount to all other considerations '
" When the occasion for this proclamation passes by, no one will be more rejoiced than the undersigned to have the entire supremacy of the civil power restored and tax return to the normal condition of a country at peace and a government sustained by a umted people.
" RDET. C. SCHENCK, ". Major-General Commanding.
" Official, " W. W. ESTE, " Major and Aid-de-Camp."
At the same time the following order was promul- gated :
" HEADQUARTERS MIDDLE DEPARTMENT, * EIGHTH ARMY CORPS. S " BALTIMORE, Md., July 3, 1863. "Special Order No. 178.
"2. Brig .- General Daniel Tyler, U. S V .. is relieved from the cont- mand of the 1st Provisional Brigade at Baltimore, and is assigned to the charge as Commandant and Military Governor of a district to he com- posed of the State of Delaware, and to the command of all troops in the service of the United States, or that may be in any way called into service within such distru t.
" He is also charged with the military protection and defence of the Philadelphia, Wilmington and Baltimore Radroad, within the states of Delaware and Maryland and will assume command of all troops em- ployed on that duty.
" His Headquarters will be established at the city of W: nington. "By Command " MAJOR-GENERAL ROBT. C. SCHENCK. "W. H. CHESEDROUGH, A. A. G."
On the Ilth of July, 1864, the Governor was again constrained to issue a call to relieve the State from an emergency in which it was placed by the threaten- ing movements of the enemy. It was feared that the railway communication to Baltimore would be cut off either by external foes or by those who sought secretly to abet the enemy. The call was for men to
serve thirty days to protect the railways and was nade at the request of the general commanding the department, who realized the strength of the enemy and feared he might alvane, across the Peninsul i. Early on Band iv morning, July 10, 1864, many wild rumors reached Wilmington which caused the greatest excitement. AD the available soldiers were immediately hurtied to the scene of action and a special trin of ears hearing Secretary of State S. MI. Harrington was also ispat, hed to the lower part of the State to arouse the loyal people to a sense of their duty in this emergency. The effort was productive of inuich good. The train returned in the evening bringing upwards of three loindred men, at the head of whom was Governor Cannon himself. At Wil- mington a war meeting was called after the religious services in the torrunon, Mayor Turner presiding. A committee of one handred citizens was appointed to raise a fund to pay volunteers, which committee agreed to hold itself responsible for the pay of five hundred men for the term of one month. It was de- cided that each man should receive thirty-four dollars exclusive of the government pay and rations. Re- cruiting offices were opened and the work of enrolling men immediately begun. In the evening Captain Hugh Stirling's company arrived from Du Pont's, which was equipped and mustered into the service and by nine o'clock was awaiting transportation. On Monday night Captain Crossley's, Captain Gawthrop's and Captain Henry's companies were conveyed to Perryville, Captain Rice's and Captain Perry's com- panies remaining at Wilmington, The excitement continued and remained unabated, so that Mayor Turner felt called on to issue a proclamation, on the 13th, urging the citizens " to suspend their ordinary avocations, close their places of business and organize in the most effective manner for the defense of the government and the homes threatened by rebel in- vaders." Fortunately, the presence of a large body of armed men assured the people, and before the close of the week the ferment of excitement had subsided, business was resumed and the recruiting stations were closed. Thenceforth most of the periods of excitement were those of joy occasioned by the she- cess of the Union forces.
When the result of the battle of Gettysburg was known, on July 5th, the Ladies' Aid Society of Dela- ware sent a deputation of twenty-one men to the battle-field with bandages, lint, clothing and other supplies for the wounded soldiers of the Delaware regiments. The remains of Lieutenant William Smith, of the First Delaware Regiment, who wa- kilied at Gettysburg, arrived at Wilmington on the 15th of July, and after laying in state at the City HIall were buried with military honors. The remains of Captain M. W. B. Elligood, of the same regiment. who was killed in the same battle, were received for interment in Georgetown, Delaware, on July 17th.
On the 17th ant lath of November the First. Second, Third and Fourth Regiments of Infantry,
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353
THE CIVIL WAR.
First Delaware Battery and First Delaware Cavalry arrived in Wilmington and were disbanded, their term of enlistment having expired.1
During the perilous and unsettled period through which Delaware passed in 1863 there was less dis- position to enter the service of the country voluntar- ily than the preceding year, and it soon became evident that a draft would have to be ordered to fill up the quota. This announcement intensified the ex- eitement which prevailed in July, 1863, and the State was in a condition of ferment greater than at any other period during the war. The draft was ordered to take place at Smyrna, August 12, 1-63, and its proceedings were watched with anxious in- terest. The quota demanded one thousand six hundred and thirty-six men, and as fitty per cent. more were drawn, there was a total draft of two thou- sand four hundred and fifty-four men. These were allowed to commute at the rate of three hundred dol- lars per man. At this time Edwin Wilmer was the provost-marshal ; Leonard E. Wales, commissioner ; and Lawrence M. Cahall, surgeon. Drafted men were warned not to leave the State under penalty of arrest and confinement in Fort Delaware as deserters, and both the civil and military authorities were charged with the execution of General Order No. 6, issued by General Tyler, August 18, 1863. Relief was afforded to some of the drafted men by means of the bonus raised for this purpose, but its exaction was severely felt and gave the people a keen taste of the merciless demands of war.
William Temple, who had been elected to Congress in November, 1862, died at Smyrna, Delaware, on May 28, 1863, aged fifty-two years." On October 7th, Nathaniel B. Smithers, Secretary of State, was nomi- nated to fill the vacancy by the friends of the ad- ministration. The opposition nominated Charles Brown.
The day of eleetion was November 19th. On the 13th of November, General Schenck, in command of the Middle Department of the United States, issued the following general order :
" General Order, No. 59. .
" HEADQUARTERS MIDDLE DEPARTMENT, FIGHTH ARMY CORPS, } " BALTIMORE, Vd., November 11 ING3.
" It is known that there are many evil-disposed persone now at large in the State of Delaware, who have been engaged in rebellion against the law ful government, or have given and orcomfort of encouragement to other's so engaged, or who do not recognize their all gmuer to the L'oited States. and who may avail theniselv, s of the Indulgence of the authority which tolerates their pres ence to attempt to take part in or embarrass the special election in that State. It is therefore ord red :
1 The officers and privates of the Fourth Ddaware Volunteers before di banding presented V'ol. Grimshaw, their commander, with a -plendid sword. A number of the Ladies and gentlemen of Wilmington avea go and entertainment during the 20th and 21st of November to the vol- unteers of Ik-laware.
" Governor William Temple, for many years identified with the legis- lation of Delaware, was born in Queen Anne's County, Maryland, Feb- rntry 28, 1-15. After receiving a good gradeits education he rizaged in mercantile busthiess at Smyrna. In Istthe wiele teisjeeiker 4 the Delaware those of Representatives, and the auch the death of the Governor and the President of the somite, Iowane executive of the Mate for the uuexpired term. For the best ten years he was a state Senator and drelined re-election in 1-4. He was elected to the Thirty-eighth Congress, but died at Smyrna May 2, 1963, betore he took his sent.
" I. That all provost marshals and other milit iry affiers do prevent all disturboner and vad soe at orgbut the podle whether offered by such persons as above de- ribrd, or by any other person or persons whomsevel.
" II. That all pruvost marshals an ] other militaire officers command- it zin Delaware, shall support the julga of elettra on the 14th of November, INhet, in requiring an oath of alleztiner to the Unit al state4 patla best of citizenship of any one whose vil- may be challenged on the ground that he is not legal or Ias not adapt has all-wane . to the United States, which nith shill ba in the following farm atel ferins. ' I do sairmitily swwir thit I will support protect and detend the Con- stitution and Government of the United states again-t all enemies, whether domesticar freien, that I hereby pledge new alle_it . laith .nel loyalty to the sathe, any ordinance, resolution, of law of any state, Convention or State Legislature to the conti iry notwithstanding; that I will at all times yoly a hearty and willing ole dienice to the sand Constitution and Goveranw et, and will not, directly or indirectly, d> any act of histility to the sime, either by taking up arms agunst the m. or anding of abetting, or contenancing those in arms against them : that without pernn -- i'm from the lawful authority, I will have ho communwatton, dire tor nubroet, with the states in insurrection Minst the United states,her with either of them. or with any per-on or persons withnn sud insurrectionarv States ; and that I will in all things de port myself as a gou Land loyal citizen of the United states. This I do in good faith, with tull determination. ple lge and purpose to keep this. my sworn obligthon, and without any mental reservation or evasion whatsoever.'
"IlI Provest marshals and other military officers are directeil to report to these headquarters any judge of election who shall refuse his ari in carrying out this order, or who, on challenge of a vote being mable on the ground of disloyalty or hostihty to the Government, shall r fuse to require the wrath of illeg ance from such voter.
" By con maud of ". MAJOR-GENERAL SCRENCK. " W. HI. CHESEBOROUGH, Lieutenant-Colonel and Assistant Adjutant- General.
"E. L. TYLER, Aide-de-Camp"
Governor Cannon, at the same time, issued the fol- lowing appeal to the people :
" STATE OF DELAWARE. EXECUTIVE DEPARTMENT, ) " DOVER. November 13, 18f3. " All civil officers and gowdl citizens of this state ar- enjoined to obey the above military order, is-ned by the commuan ling general of the Middle Department, and to give all needful aid for the proper enforce- ment of the same.
" WILLI'M CANNON, Governor of Delaware "
On the next day the following order was issued by the general in command of the Delaware Distriet or Department :
"General Orders No. 14. "HEADQUARTERS, DELAWARE DEPARTMENT, ? " WILMINGTON, Del , November 14. 1~ 3. 7 ' The enforcement of General Orders No. 59, issued from Heddynar- ters Middle Department. November 13, 156;, by Myjor-'h ueral schenck , und confirmed by the order of his Excellency, Governor Cannon, is confided to the troops in this Department.
" The objects of this order, as construed by the General command- ing, are :
+ 1. To secure to every loyal citizen the right to vote as he pleases.
"Il. To protect the polls from that outsple violence which has heretofore, in some parts of the state, prevented loyal and peaceable citizens from voting.
" Special instructions will be isened to the officers in command of de- ta .hments which will lw fingdiently obeyed, and for the enforcement of which every o heer will be hell strictly responsible. " By order of
+. BRIGADIER-GENERAL TYLER. ". F. L. TYLER, Acting Assistant Adjutant-General."
On the next day the following order containing instructions was issued :
"ITFADET ARTERS DESTEHT OF DELAWARE, " MIDDLE DEPARTMENT. WILMINGTON, Del , Nav -mber 15, 1863. )
" The following instructions have been received from the General CommunItas, and will be sirit's and carefully deerval by all de- tu liments of officers and sal hers within the . In-trist of Itwire.' while carrying out the 1.3. song of Department General Orders, No. 30, Inin_ the election to t, held on the 19th instant .
" Every effect of sar omanewhedefler in command of a detach- ment will be held strictly accountable for the good to modnet au lohe- dr. ner of the men in h's Phar _..
"Officers and soldiers must be strictly saber, and while preventing distinhanes by others, minst aser I all disturbance themselves, and are required not to hang around the pulls nor engage in political discus-
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354
HISTORY OF DELAWARE.
" It will be borne in mind that the whole ol.ject of the ur ler of the Commanding General is to preserve peace at the places et voting. to gustain the judges or inspectors of electron, to protect losai vuers, and to prevent from vating disloyal and trustulously dispersed persons who remise to take the oath of allegatice.
" In enforcing paragraph I. of the General Order. to prevent viu- lence and disturbauer at the polls, care will be taken that wishyal citizens of rther Einte- do not, as it is apprehended they will attempt to du, intrude themselves at the pho ry of voting aud endeavor to ratimi- date the lawful and loyal voters at Delaware.
" DANIEL TYLER, Brig .- Gen. Commanding "
On the 17th of November a public meeting of the opposition was held at New Castle, at which a reso- lution was passed, " that the following address be is- sued to the Democrats of the county."
" NEW CASTIF, DELAWARE. November IV. 1963.
" To the Democrats of Newousthe County, Deluidire; " The undersigned, Dem eratie voters if Newcastle Coanty, romie.ert : " That at the Democratic State Convention held at Dover. September is, 1863, to ponunate at candidate to fill the rhce of Representative in UD gress, made vacant by the death of the Hon, William Temple, the Con- vention unaminionsly nonnoated the Hon. Charles Brown, of Dever Hundred, in the County of Kent. for the .the designated: and ever since the adjournment of the sad Convention the cany :ss bas duly and quietly proceeded with every reasonalde prespret for the success of our candidate, all of which isits are of public knowledge.
" Toour astonishment and regiet, however, we are informed by arcolic military and civil order, dated November 1. 1963, and madr known to us on the 16th of the san.e month. that the constitutional and legal rights of the citizens of the state of Delaware to regulate their own elections. and make and prescribe all qualifications forr votery at che ensuing special election on the 19th instant, have been utterly subverted, and new qualifications and tests. unauthorized by the Constitution of the United State-, and contrary to the constitution and laws of the e ate of Delaware, nupored upon her citizens by military power.
". With the several aud collective knowledge and belief of the nader- signed, they utterly ileny the existence within this State, now or In auy past time. of associations of individuals hostile to the welfare of the government of the I'mited States and of its Constitution and laws; and considering the sand military order (to which the nuauthorized retoqui- tion of the Exeentive of Delaware gives to sanctioni as uncalled tor, illegal, and unjust. do earnestly protest against the same-and against the interference of the Federal Government in the election held within our State, and in view of the presence nud intimid itam of a large nah- tary force of the United States in our State, and the indisposition of uur people to produce collision with the aroned forers of the General Goveth- ment-do hereby recommend to the Democrats of Newcastle County, whether officers of election or voters. to submit to their ilsnanelse- ment and take no part in the sand special elretton, Int to rely upon the official oaths and consciences of the next House of Representatives in the Congress of the United States, to declare unll and void an election so held, and conducted contrary to the laws of the State of Delaware in that behalf, and controlled by a power unknown to the constitution and ling of our State."
The address was signed by a considerable number of citizens. The result of this address was that the opposition or Democrats declined to vote, and on the day of election Mr. Smithers received 8220 votes, and Mr. Brown, 13.
In the United States Senate, on the 221 of Deeem- ber, 1863, Mr. Saulsbury offered the following reso- lution :
" Resolved, That the Secretary of War be, and is hereby directed to in- form the Senate whether armed soldiers were sent antu the state of Dela- ware, to be present at the polls on the 4th day of November last, the day of the general election in said state; and if so. by whose anders. upon whose application, the necessity, nauy, for their bring so gent. for what purpose they were sent, to whit places by nathis they were sent. how many were sent, how many to , ach of such places, the names of the regiments or compantes se ut, the names of the othert, commanding such reginients and companies; and whether any, and, if so, how many pro- vost-marshals were or have been apjeanted. and at what places, in sarl State, with their hands. the necessity, if any, for their apquantment, and the powers conferred upon them : and that he communicate to the Senate all papers and or bere in his Deparinwent relating to the seeding of such euldiers into said Sta e."
In support of his resolution, Mr. Saulsbury said :
" Sir, in a Stato where everything was perfectly calm and quiet, where there loul been no attempt since the commencement of this revolution to take sides with the States iu tevolt, military were sent on the day of
the general election to every voting place in the two lower country that Stat. rxrene two. I atide to tlo Senate and to the country went know t. be free, and what I can prove that pescealle citizens atgestern Jul of the county si no plans; that it in the voting jour . 1 . citizens, war . wege making no di-en baum, doing nothing ilend of pituper, wein artested aod ; leed in confinement in a room , thit rother plice praccible citizens, bbie they attived on the gr. before they had được n; sối may thing on the clo tion good, v. taken from finir w. cons shot Histoired pp hva house, and som of !! . deprived of the right to vote. I state another het which it ! prove ': at mouth Toutes place [ con were intimidated from bor. there were compelled to take what they believed to be illegaly ! at other voltunk places, per-was having a clear legal right to your web-
"N'ai, 8, I do not say that the General Government desires this to . cons. Gen. Wesly ft his headquarters, went to the town of Seaford. my State, andi stayed there nutil after the election. I believe, is het is Apn. Wiel was Concern d. if as far as the election was cobrerir . .. that plare, there whav re Inttl: wrong done-nothing finther than whit would be the matural flere of having soldiers at a poll. the natur .. intimidation which it se sioned. I will state also that where there we're regular soldiers, unde officers of character, there was not go I. r- era lyst mich wrong love as at other places. But. sir, where Mus- hvad home guards were statamed, ontinges of a grows character were committed nip in cor citizens. I want to know-atu that is the object of this resolution -- what were the reasons for the sending of these non Hito the State of Delaware, what arpresentations have been made to the ' eneral Government."
3Tr. Bayard, of Delaware, said :
" I hope the resolution will be a luptal. I do not desire to debate it, but I desire the information. I think we are entitled to it. The Guy- arinu ent of the United States having sent into the state of Delaw.ir-, under the command of a major-general of the army of the United states summe three the usand troops, on the day before the election, and dis tributed them throughout the State-a State which has at no time whit- evo either by hei proition. her conise it condnet, or the action of her people, offered any resistance to the authority of the United States-we have a right to know the reasons for such actions. It may be, aud profully it will be shown, that some of our own citizens, in the helt of political excitement and partisan resentment, have made improper, erroneous and false statements to the secretary of War. If thit is .o, we have a right to know it. We have a right to know who these recent suus of Drinware are, The people of Delaware have a nicht to know who it was that they attempted to cause civil strife and military rule to be established in the state. We do not want to tugite into the lot of whether the army was out there and whether they were distributed at the polls-that is botarions; but we want the reasons which justify an art wirch certouly is an nitraction of the rights of the people of D. L.t. Watre, and an infraction which, carried out in other States-1 am net speiking of what the destan was. for I do not know what the group's were: I want to know-would enable any existing Administration to ka pitsell in power and control the G wernment of this country just as long as it had the military force to do 80. That would be the effect of submitting to such action. I want to know the grounds and the reasons, to see whether their was any justification for this action. It is not. 744 the honorable senator from Low. supposes, with any desire for judnul inquiry against nelividuals there ; nothing of the kind, It would not be evidence for the purpose of subjecting them to judicial inquiry."
The resolution was finally referred to the Commit- tee on Military Affairs, which was the last heard of it.
On the 18th of December, 1863, the resolution in- troduced in the United States Senate by Charles Sumner, requiring the "iron-clad oath" to be taken and subscribed by every Senator in the Senate before entering upon his duties, was taken up. When this oath was offered to Mr. Bayard, who had grown gray in his country's service, he felt it as an insult and an outrage. At the previous session of Congress he ap- peared in the Senate, took the constitutional oath and entered upon his duties as a Senator. On the 19th of January: in a speech of great force and power, this eminent statesman proved that the oath was unconstitutional. He said :
" As I am the ofily member of the Senate present at this session who has but taken the bath, it is but a ranohal inGyenge that the mu's www proposed is intended to create personale agon me, although I was
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