USA > Illinois > Ninety-Second Illinois Volunteers > Part 5
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" Colonel: It having come to the knowledge of the General Commanding, that during the time you were stationed at Mt. Sterling, Ky., and subsequently, while upon the march from thence to this place, grave questions, with regard to the rendition of fugitive slaves, have arisen; and, also, that upon your march, your Regiment was subjected to insult by certain members of the 14th Kentucky Volunteers, combined with citizens and others, he directs that you furnish a full and complete report of all that transpired relative to that subject; and particularly, as to how may negroes may, at that time, have taken refuge in your camp, and the circumstances connected therewith. You will also state, in your report, whether you delivered over any of these persons to their claimants, and if so, under whose orders, and what circumstances.
"I am, Colonel, very respectfully, your obedient servant,
B. H. POLK, Capt. and A. A. A. G."
On the next day the Colonel replied to the communication of the Commander of the Division as follows:
" HEAD-QUARTERS 92d ILLINOIS, VOLUNTEERS, } NICHOLASVILLE, KY., Nov. 22, 1862. 1
"CAPT. B. H. POLK, A. A. A. G.,
"Sir: In compliance with your communication of yesterday, I have the honor to report :
"That, on the first day of November, inst, Saturday, I arrived, with my Regiment, at Mt. Sterling, Ky. On the road several negroes desired to accompany my Regiment, but I uniformly advised them not to do so.
"I had scarcely arrived in camp, when a man presented an order from Colonel Cochran, of the 14th Ky., commanding me to deliver up a fugitive slave, and, finding that the slave had got into my Regiment on the road, I ordered him put out of the lines, which was done. See exhibit 'A.'
" On Sunday, I issued General Order No. 1, assuming com- mand of the Post of Mt. Sterling and vicinity. Before printing it I read the order to some of the 'loyal ' citizens of Mt. Sterling. which order did not, at first, contain the last paragraph, relative
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to slaves. While reading it a person sought me out and pre- sented a written order from Colonel Cochran, commanding me to deliver up a slave, and said to me that Colonel Cochran had directed him to report me if I refused. I read the order, and told him that I did not wish to harbor the slave of any loyal man, but that as I understood the law, I had no right to deliver up fugitive slaves by taking them beyond my lines under guard, and that I would not, even under that written order of Colonel Cochran, hunt up any slave and send him beyond my lines, and within the lines of the enemy; that I was in command of Mt. Sterling and vicinity, and that to obey that order I might have to go as far as Abingdon, Va., with the fugitive; but that if he was a 'loyal' man, and his slave was within my lines, that I presumed that no opposition would be made by any one if he took him. The man claiming the fugitive, and the others whom I had before supposed to be ' loyal' men, seemed greatly gratified that I had refused to give up a fugitive slave upon the order of Colonel Cochran, and informed me that the matter could now be settled, making of it a test question; and told me that all the people of Montgomery County, Kentucky, would now be against me. My Regiment was stigmatised as 'nigger thieves' in my hearing, and Illinoisans declared worse enemies of Kentucky than the Rebels. After this exciting conversation, I added the last paragraph to my General Order No. I.
" At this time I am very certain that there were not six slaves within my Regimental lines.
" I cautioned my men against enticing any slave within my lines, and urged upon them the impolicy of, in any way, inter- fering with the slaves of loyal masters. My pickets would, how- ever, occasionally bring one in, all of whom claimed to be slaves of Rebels, and seeking protection. On receiving Colonel Granger's General Order No. 15, dated Nov. 4th, I ordered, in compliance with that order, that all persons, not enlisted men, or regularly employed, to be put out of my camp, and one colored person, and only one, was put out, and that included ALL within my Regimental lines at that time.
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"Colonel Cochran sent me repeated orders upon this subject. (See Exhibit ' C.') some of which I have preserved, and some of which I have lost, but none of which have I obeyed, except the first one, as above stated.
" I endeavored to adopt a conciliatory course ; did not permit 6
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my camp to be filled up with "hangers-on," and none to remain in after nightfall, except officers' servants, furnished with written certificates, as per Army Regulations, and trusted that time would allay the excitement. On Sabbath, the 8th, my camp was filled with negroes, sent in from miles around, to the number of five to eight hundred, in violation of my published order ; and the people seemed determined, by threatening my Regiment, and sending their slaves into camp, to raise the question, and force it to a violent issue.
" When people came to my camp and furnished evidence of their loyalty, and any of my line officers had EMPLOYED their slaves, I introduced them to my officers; and in every instance where their loyalty has been undoubted, my officers have refused to longer employ their slaves as servants, and they have been permitted to take them. I uniformly refused to "order" my offi- cers to give them up; and I have as uniformly urged them not to employ slaves of loyal men. In at least ten instances, where the loyalty of the persons has been established to the satisfaction of my officers, they have refused longer to employ the slaves, and their masters have been permitted to take them away quietly without opposition.
" Two days before I was relieved of the command of the post at Mt. Sterling, the citizens informed me that the order relieving me had been made; and I often heard that the 14th Kentucky Infantry would join with the mob and the Rebels, and would " clean out" my Regiment. In marching through Mt. Sterling, no violence was offered but once, when a man said he would take a negro from between the sections; and I commanded my men, that if he did so to bayonet him. One or two people standing on the sidewalk drew pistols, but none were fired. All along the road, I was told that at Winchester the 14th Kentucky Infantry regiment (Colonel Cochran's), with the mob, would take every negro out of my Regiment, or kill every man in it. When at the edge of the town, I halted my command, ordered the men to load and fix bayonets, and march in sections. I commanded my Regiment to march silently, and in order, and under no circum- stances to provoke an attack, or to answer any insulting remark or questions; but if fired upon by any one, or if stones or club- were thrown, to fire in self-defense. The town was full of peo- ple and soldiers, the sidewalks lined on both sides, many armed with side arms, and, I am fully convinced, intended an attack, but were intimidated by my bayonets and loaded guns. Only
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one disturbance occurred, which is fully narrated in exhibit " D," to which I beg to refer.
" That night, while encamped at Pine Grove, west of Winches- ter, Lieutenant B. F. Sheets, of ist Battalion, Kentucky Cavalry, and an officer of the 14th Kentucky, came to the guard; but, as I then knew of their actions during the day, as stated in exhibit " D," I refused to admit them, but received from them a written communication signed by officers of the 14th Kentucky Infantry. marked exhibit " E," to which I beg to refer.
" While marching through Lexington, Kentucky, a crowd, armed with revolvers and stones, forcibly made an attempt to take a nego from between two of the sections of my Regiment. I was at once notified, and rode to the rear, and told the crowd that if the attempt was again made, the streets of Lexington would run with blood, as we could and would defend ourselves from any attack. No further resistance was offered.
" The next morning, the Sheriff of Lexington, Kentucky,came to my camp and desired to serve papers on me in civil suits, to which I made no resistance; and he left divers chancery sum- mons and orders of court with me, one of each of which I inclose as a specimen of all the others, marked exhibit " F."
" I was also complimented by a large batch of similar docu- ments at Winchester, Kentucky. The Sheriff of Lexington, Kentucky, also brought me a letter from Brigadier General Q. A. Gilmore, written, he said, at the request of the Judge of the Court, advising me to obey the summons and court orders, as, otherwise, I would be liable to severe punishment for contempt. I replied to him, that I was busy with the Rebellion, expecting soon to meet the enemy, and could not stop to hunt up negroes, or formally answer bills in chancery, or orders of court, but would be happy to spread upon the records of the court a com- plete defense after the war was over.
" Three colored persons have been taken from my camp, upon warrants charging them with crime-all that have been so claimed.
" There are yet fifteen men employed as servants by the com- missioned officers of my Regiment, some of whom I know to have been formerly the slaves of Rebels. There are none in my camp that are not so regularly employed as officers' servants.
"Countless rumors, to which I am unable to give any definite form, have come to my ears, like these : 'The Kentucky troops would annihilate the Ninety-Second Illinois.' 'The Governor of
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Kentucky would call out the militia, to suppress the Ninety- Second Illinois.' 'That the jails of Kentucky would be filled by the nigger thieves from Illinois,' &c .; all calculated to produce - excitement and collision, and evincing a determination, on the part of Kentucky soldiers and citizens, to force the question to a bloody issue.
"I have the honor to be, Captain, very respectfully, your obedient servant, SMITH D. ATKINS, " Colonel 92d Illinois Volunteers." EXHIBIT " A."
" FAYETTEVILLE COUNTY, KENTUCKY, ) November Ist, 1862. S "Colonels Cochran and Atkins:
"Gentlemen: . My brother-in-law, Mr. Graves, informs me that one of his servants has left, and may be following your com- mand. Mr. Graves has had a great deal of trouble during the Rebel raid, they having taken sixty odd of his cattle, and one of his best horses. I feel satisfied that Mr. Graves has notaided the Rebellion; he is a pacifier man, stays at home attending to his farm. You will confer a special favor on me, by granting any aid Mr. Graves asks in regaining his servant, which may be com- patible with your stations.
" Very Respectfully Yours, " HOWARD SHAFFER, " JACOB HOUGHS." " WINCHESTER, KY., Nov. Ist, 1862.
" Colonel ATKINS, Comd'g 92d Illinois Volunteers :
" I am satisfied, by the statement of the above gentlemen, as well as other evidence I have, that Mr. Graves is a loyal citizen. He informs me that he has a Boy within your lines; if so, have him put outside of the lines. Yours Truly, " J. C. COCHRAN, " Col. Comd'g Demi-Brigade."
" HEAD-QUARTERS 92D ILLINOIS VOLUNTEERS, 1 CAMP DICK YATES, MT. STERLING, KY., November Ist, IS62. )
" The within named servant has been taken without the lines, by order of S. D. Atkins, Col. 92d Ill. Vol.
" JOHN H. BOHN,. " Major 92d Reg. Ill. Vol."
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EXHIBIT "C."
" WINCHESTER, Nov. Ist, 1862.
"Colonel ATKINS, Comd'g 92d Ill. Vol .:
" Sir: Mr. James Ballurd informs me he has a Boy within your lines. He is reported by the Union men here as being a good Union man. He has in his possession a pass from the Pro- vost Marshal of this place to that effect. If his Boy is inside of your lines, have him put outside.
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" Yours Truly, J. C. COCHRAN, " Col. Comd'g Demi-Brigade "
" HEAD-QUARTERS DEMI-BRIGADE, 1
WINCHESTER, Nov. Ist, 1862. )
"Colonel ATKINS, Comd'g 92d Ill. Reg. Vol .:
" Hiram Barclay, an undoubted Union man, of this county, has a Boy within your lines. You will cause him to be put out- side of your lines, agreeably to General Gilmore's General Order. J. C. COCHRAN, "Col. Comd'g Demi-Brigade."
EXHIBIT " D."
" Nov. 17th, 1862.
"The 92d Ills. Vols., in marching from Mt. Sterling, Ky., to Nicholasville, passed through Winchester, by sections, and had command of the second section of Co. E; and as I gave the com- mand, 'Right wheel,' three men came in on the right, and one of them, who said he was a Lieutenant in the 14th Ky., (I think he said the 14th Kentucky,) came into my section, and said to a negro marching near me, 'Come out of there, you - thick - lipped son of a -' I brought my gun to the position of 'charge bayonet,' and told him that I had command of that sec- tion, and would not be interrupted by any man. He asked me if · I intended to defend the -- nigger. I told him I did. He said, ' I have come for him, and will have him or die. The Ninety-Second is good for nothing but to steal niggers. I am an officer in the Union Army; that nigger belongs to a Union man,
· and we will have him, if we follow the Regiment to - . ' 1 then said, 'Get out of this section, or I will run you through with my bayonet.' He stepped out to the right of the section, and drew his revolver; each of the others also drew revolvers,
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and he said, 'I will shoot the - cuss.' (I do not know whether he meant me or the negro.) I told them that if they leveled or cocked their revolvers, they would be dead men, and they had better put them up, and that if they did not, I would order my section to charge. They then put up their pistols, and the Lieutenant of the 14th Kentucky said, 'If you don't give up that Boy, I will go to my regiment, and bring it up, and clean your -- Regiment out.' I told him that we were ready at any moment. He said, 'Are you going to give him up or not?' I said, 'Never.' He said, 'Do you claim him?' I said, 'No, the Second Lieutenant has hired him, and if you want to ask any more questions, go to the Colonel.' For I had disobeyed my orders for the first time, by answering him a question. He said, ' It will do no good to go to him, for he is as big a thief as the rest of you, and he will give me no satisfaction ; but I will go and see the - cuss.' And he went off, and when he came back, he said, 'The Colonel says I can take him.' I said, ' You can, it you have force enough.' He started back toward town, after fol- lowing us about a mile, and said as he left, 'You may look for a warm time.' I told him, ' That is just what we came for.' This is a true statement of the conversation I had with the Lieutenant of the 14th Kentucky, and I am willing to testify to it at any time.
"JAMES O'KANE, " Orderly Sergeant Co. E, 92d Ill. Vol." EXHIBIT " E." " WINCHESTER, KY., Nov. 17th, 1862. "Colonel ATKINS, Comd'g 92d Ill. Vol .:
" Dear Sir: There are several negroes within your lines. The fact of their being so is causing intense excitement, and wounding the feelings of men who are unswerving in their loy- alty and patriotism to our common cause. You have slaves with you that belong to men who have had all their stock and what property could be moved, taken from them by the Rebels. They think this Government they support should protect thein in their rights and property. If the negro is to be freed, let it be done by the National Legislatures. If we understand the policy of the General Government, it is not proposed to take the slaves of either Rebels or loyal citizens without some formality of law. The fact of your taking the slaves you have with you off, only confirms the charges made by the Rebels, that we would deprive
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the citizens of their slave property. For the good of our com. mon cause, we expect you to turn them out of your lines.
" Yours Respectfully, "GEORGE W. GALLUPP, Lt. Col. 14th Ky. " R. M. THOMAS, Capt. 14th Ky. "J. C. COLLINS, Capt. 14th Ky. " JAMES H. DAVIDSON, Capt. 14th Ky. "H. G. GARDNER, Capt. Co. I, 14th Ky. "J. B. BUCHANAN, Capt. Ist Batt., Ky. "D. L. Cook, Lt. Co. A, Ist Batt., Ky. " B. F. SHEETS, Lieut. "ISAAC TAYLOR, Lieut." " WINCHESTER, KY., Nov. 17, 1862.
"COL. ATKINS: You are a stranger to me, but I like you for your cause. I have labored in it, and suffered for it. I am not negro crazy. The course of some of your Regiment, in regard to slaves, has done us much harm, and, if persisted in, will do more. You will personally get yourself into danger, all of which I greatly regret. Just turn the slaves out of your camp-don't give them up to any one-but turn them out. I ask this for the sake of the cause. I have no interest in it beyond the purposes expressed. You may find out who I am, if desired to, from any one.
Yours, &c., JOHN B. HUSTON."
EXHIBIT " F."
" (SUMMONS EXTRAORDINARY.)
" THE COMMONWEALTH OF KENTUCKY.
" To the Sheriff of Fayette County-Greeting :
" You are commanded to summon Smith D. Atkins to an- swer on the first day of the next February term of the Fayette Circuit Court, a petition filed against him in said Court by Wil- liam Hickman, and warn him that, upon his failure to answer, the petition will be taken for confessed, or he will be proceeded against for contempt, and you will make due return of this sum- mons, on the first day of the next February term of this Court.
" Witness, JOHN B. NORTON, Clerk of said Court, this 18th day of November, 1862. " Att. :
JOHN B. NORTON, C. F. C. C."
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" (ORDER FOR DELIVERY OF PROPERTY.) " (Section 231.)
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" WILLIAM HICKMAN, Plaintiff, against ORDER OF DELIVERY.
SMITH D. ATKINS, Defendant.
" THE COMMONWEALTH OF KENTUCKY.
" To the Sheriff of Fayette County: You are commanded to take the slave Sylvester, about 38 years old, and of black com- plexion, and of the value of Five Hundred Dollars, from the possession of the Defendant, Smith D. Atkins, and deliver him to the Plaintiff, William Hickman, upon his giving the Bond required by law; and you will make due return of this Order on the first day of the next February Term of the Fayette Circuit Court.
" Witness, JOHN B. NORTON, Clerk of said Court, this ISth day of November, 1862.
" JOHN B. NORTON, C. F. C. C."
It may be mentioned that the Sheriff did not find the slave "Sylvester" in the possession of the Colonel; and whether the Court took the petition for " confessed," or proceeded against the Colonel for "contempt," has never been known to any member of the Ninety-Second. An examination of these exhibits reveals the usual Kentucky swagger ; first, attempting to intimidate, and afterward ,an argumentative communication in writing. And Mr. Huston, who liked the Colonel for his cause, could not write him a letter without intimating to the Colonel that he was per- sonally in danger.
On Sunday, the twenty-third of November, all the regiments in General Baird's division were inspected and reviewed by General Baird. On the twenty-sixth, the Regiment took up its line of march, in a snow-storm, for Danville, and, after marching seven miles, went into camp. It is a necessary rule in army life.
. that at " taps" every light be extinguished in the men's quarters, and perfect silence be maintained until " reveille" breaks the stillness. In an army of forty thousand men, dead silence is maintained, save the foot-fall of the line guards. On this night. some of the soldiers were hilarious after " taps," but their prompt arrest was the result. The march was resumed at daylight, and the broad pike road wound around among the hills bordering the Kentucky River, passing through the ancient hunting grounds of Daniel Boone, the famous Kentucky back-woodsman. A soldier
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writes of this day's march: " At the Kentucky River, some of the Western boys got a fair sight of mountain scenery for the first time in their lives, and stood aghast, looking down over per- pendicular rocks for hundreds of feet below, over and through which the pike is cut, while upon the opposite side of the road it was equally as wild; and looming high up in the air stood the sturdy pines and gentle cedars. For miles on this march, our minds were relieved of the dull monotony of the 'route-step.' Now we pass a great, high, cone-shaped mountain, around the base of which we wind, until we have made two-thirds of its circle. This mountain is celebrated as the place where Daniel Boone tossed a 'Red-skin' heels over head off from the cliffs into the great abyss below. Daniel did a good thing that time, for which we will remember him. Pity that Daniel don't live now to try his hand on a few of the Rebels who still infest these hills. If the Rebels desired, or, rather, if they had the 'vim,' our passage could have been disputed here for months, but they 'don't stay about as thick as they used to.'" Camp Dick Rob- inson was the next point of interest. Here we found the first sad havoc of war. The fences were gone, timber cut, houses de- serted, and everything in confusion. The Rebels, in their flight, left several pieces of artillery, all dismounted but one fine, brass, Spanish six-pounder, which the Ninety-Second took charge of. There were fifteen hundred stand of small arms, badly smashed and cut into pieces; one thousand five hundred barrels of salt pork, and many tents, and other things. Captain Dennis, with Company B, was detailed to take charge of the plunder. The Regiment pushed on through Danville to the Fair Grounds be- yond. Here was found a quard of the 96th Illinois Volunteers, holding the grounds for a camp for that regiment. The Colonel marched the Ninety Second in, and placed the mien in one half of the buildings and stables, reserving the other half for the 96th, and invited the officers of that regiment to share with him his head-quarters in the principal building. It was the first time the regiments had met since the difficulty at Rockford ; but the thought- ful courtesy of the Colonel healed the breach, and it was never mentioned again by officer or soldier. The next day, both regi- men's moved nearer the town, and camped side by side. . \ sol- dier, writing from camp, says: "Danville is the prettiest place we have seen in Kentucky. It is famous for its churches, semi- naries, and asylums, as well as for being the residence of the celebrated Divine, Dr. Robert J. Breckenridge, General Boyle,
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and Colonel Frey; the latter being the individual who, through his carelessness in handling a pistol, took the wind out of the Rebel General Zollicoffer at Mill Spring. There is a strong Union sentiment here-plenty of pretty Union girls, who are polite and hospitable to the 'Yanks,' and the town is full of Union wounded soldiers from the battle of Perryville, nearly all the churches being occupied as hospitals. Lieutenant Colonel Sheets is commanding the Regiment, Colonel Atkins being in command of the Post, having, as a garrison, the Ninety-Second Illinois, the 96th Illinois, and six hundred cavalry." Very strin- gent orders relating to guard duty were issued. Captain Albert Woodcock, of Company K, Ninety-Second Illinois Volunteers, was detailed as Provost Marshal. A Kentucky lady came into his head-quarters, and desired a pass for her servants to go outside of the lines to obtain fuel. The Captain told her it would be necessary for her first to take the Oath of Allegiance. She in- dignantly declined, and swept out of the Captain's presence very haughtily. A day or two afterward, she came again, saying she was nearly out of fuel, and would take the oath, but that she was a Rebel, and would not regard it. " Madam," said the Captain, in his solemnly impressive tone, " I cannot administer the oath to you. According to your own statement, you would be com- mitting perjury. I cannot permit so fine a lady to commit per- jury in my presence, and imperil her immortal soul." The Captain's impressive tone, stern morality, and unanswerable logic, astonished the Kentucky matron, and she withdrew in con- sternation. A few days afterward she again appeared, contrite and in tears, and declared she was freezing for want of fuel. The Captain explained the Oath of Allegiance to her, and said that, if she took it at all, it must be of her own free will, without evasion or mental reservation, when she subscribed her name, and swore by " the ever-living God" to maintain her allegiance to the United States. On another occasion, an old, gray-haired, colored man . applied to Captain Woodcock for a pass; but the Captain had pre- viously been informed that the colored man himself was a slaveholder and a Rebel. He was a free negro, and free negroe- sometimes owned slaves in Kentucky. So the Captain told him that he must first establish his loyalty. The old, colored man took off his hat, and took out a copy of the New York Tribune. and said: " For twelve years I have been a subscriber to that paper. Would any but a loyal man take the New York Tri- bune?" The Captain was convinced of his loyalty : and the old,
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gray-haired subscriber to the New York Tribune obtained the desired pass. The weather was very cold and changeable, alter- nating rapidly between snow, rain, and sunshine, and the morning sick call brought crowds upon crowds to the surgeons. One of the large seminary buildings in the town was taken as a regi- mental hospital,and every attention bestowed upon the sick that was possible; but deaths were frequent. Colonel Sheets drilled the Regiment whenever the weather would permit of it; and one of the soldiers, in his diary, writes: " He is getting to be a splendid drill-master." On the seventh of December, it was so cold that ice was frozen on the creek so solid that nearly all the Regi- ment went sliding, with merry shouts, like a district school let . out. One of the boys' diaries says, "But it is rather cold lying on the ground, with a little straw for a bed, and a slimpsy army blanket for a cover, and one thickness of cotton cloth for a house." It was Sabbath; and at two o'clock P. M., the Rev. Dr. Robert J. Breckenridge preached a sermon on the camp ground. The ninth was a beautiful day, and hundreds of ladies and gentlemen visited the camp at dress parade. On the tenth, a slave auction was held near the camp, and five slaves were sold under the ham- mer, a very strange sight to most of the men. On the eleventh, two more regiments of infantry arrived; and on the thirteenth, two more regiments of infantry and a battery arrived, accompa- nied by General Baird, who assumed command of the Post. Ou Sunday, the fourteenth, a negro preacher held services on the camp grounds. In the afternoon, Company I was marching through the town, accompanying to its last resting-place the re- mains of one of their comrades, when a bevy of Secesh women made insulting remarks as the funeral cortege passed. It was reported to General Baird, who promptly turned the family into the street, and occupied their residence as his head-quarters. A storm of sleet and snow set in, and continued for several days. The men resorted to all sorts of contrivances to make their cot- ton houses comfortable. A favorite plan was to remove the earth from the inside of the tent to the depth of three feet, piling the removed earth around the tent on the outside; a fire-place was then constructed in the earth wall, just beyond the line of the tent, and on the earth outside a rude chimney was constructed of empty barrels or cracker boxes reaching above the top of the tent : they were constructed with great skill, and usually had a good draft, and a cheerful fire blazed and crackled in the earthen fire. places. It was a pleasing sight to step down into one of the tents
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