USA > Kentucky > Collins historical sketches of Kentucky. History of Kentucky: Vol. I > Part 22
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ize or aid in organizing forces for the re- bellion, or guerrillas, or who harbor or conceal or give information or assistance to guerrillas, must be arrested and dealt with according to military law; 3. " For any thing said or done with the intent to excite to rebellion, the offender must be arrested and his conduct reported, that he may be dealt with according to law;" 4. " When damage shall be done to the person or property of loyal citizens by marauding bands of guerrillas, the disloyal of the neighborhood or county will be held re- sponsible, and a military commission- ap- pointed to assess damages and enforce com- pensation."
The following is the printed form of oath which all persons arrested as rebels, or as aiders and abettors of rebellion, or as sym- pathizers with it, are required to subscribe as a condition of their discharge :
" I do solemnly swear that I will bear true allegiance to the United States, and support and sustain the constitution and laws thereof; that I will maintain the national sovereignty paramount to that of all state, county, or Confederate powers ; that I will discountenance, discourage, and forever oppose secession, rebellion, and disintegration of the Federal Union; that I disclaim and denounce all faith and fel- lowship with the so-called Confederate armies ; and pledge my honor, my prop- erty, and my life to the sacred perform- ance of this my solemn oath of allegiance to the government of the United States of America."
This had to be subscribed and sworn to. Beneath it is printed-" The penalty for a violation of this oath is death."
June 6-Tax bill passes U. S. senate by 37 to 1 (Gov. Powell, of Ky.)
June 6-930 soldiers have died, in the military hospitals at Louisville, since Sept. 18, 1861-less than 9 months.
June 8-Gen. Geo. W. Morgan's Federal troops go from Cumberland Ford through Wilson's Gap to East Tennessee, to "flank" the Confederate forces at Cum- berland Gap, who evacuate the position.
June 11-Skirmish near Monterey, Owen co.
June 13-In U. S. Senate, Garret Davis introduces a resolution that Gen. Simon B. Buckner be delivered up to the civil au- thorities of Ky., to be tried for treason.
June 17-Gold at Louisville 7 to 8 per cent premium.
June 20-Provost marshals being ap- pointed in every county in the state, by military governor Boyle.
June 20-Grand jury in Fayette co. find 34 indictments for treason, 18 for invading Ky. to make war, and 1 for concealing state arms.
June 22-Federal cavalry " strike terror into the hearts of traitors," by making ar- rests in Morgan co.
June 29-Skirmish at Henderson, be- tween "rebel bushwhackers " and Capt. O. Dailey's company of Louisville Provost guards.
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July 1-Gen. Boyle inaugurates a war | on women, by issuing instructions to the provost marshals throughout Ky. "to fit up quarters for the imprisonment of such disloyal females as they may find it nec- essary to arrest."
July 1-John B. Temple, president of the Ky. Military Board, unites with the governors of 17 states in an appeal for more troops to President Lincoln-who issues his proclamation for a force of 300,000 men; Kentucky's quota is 4,000 infantry.
July 2-John Harman Dills, of Har- rison co., (son-in-law of Gen. Lucius Desha, ) tried at Frankfort for treason, and acquitted-the first trial for treason that ever occurred in Ky. The prosecution was conducted on the part of the United States by James Harlan, and the defense by Thos. N. Lindsey, A. Harry Ward, and Jas. F. Robinson. When the news reached Cynthiana, where Dills resides, a public meeting of citizens was called, which was addressed by Wm. W. Trimble, Col. Met- calfe and Col. Berry, and passed resolu- tions ordering Dills and other prominent rebels to leave the county ; "an order was served on men, indiscriminately, without any process except these resolutions," to leave.
July 3-Many citizens, first called " no- torious and dangerous rebels," then ar - rested and sent to the military prison at Louisville, to Newport barracks, or to Camp Chase at Columbus, Ohio. They are arrested in great numbers, and often treated very roughly and cruelly-the very exercise proving a valuable safety- valve for the pent-up valor and patriotism of provost marshals and squads of home guards and surplus soldiers. It was an- nounced from Henderson that "the work of arrest has already been commenced, and will be vigorously prosecuted until the last Jeff. Davis sympathizer is cleaned out." When the prisons were unexpect- edly filled, the device was invented of re- leasing some, after administering an oath and requiring $5,000 or $10,000 or $20,000 bonds with approved security-thus to some extent thinning out the number in prison. Daily reports of the arrivals at the prison in Louisville are published as "news."
July 8-Brig. Gen. John H. Morgan, with his Confederate cavalry or rangers, 816 strong, on his "first Kentucky raid." At Tompkinsville, Monroe co., defeats 250 of the 3d Pennsylvania cavalry-loss 4 killed, 6 wounded, and 19 prisoners, in- cluding Maj. Jordan, the commander ; several Confederates wounded, of whom Col. Hunt, of Georgia, died ... .. Mor- gan's operator taps the telegraph line at Bear Wallow, by connecting his own in- strument and wire with it, and takes off, or sends and receives, dispatches ... 11-While destroying the railroad at New Hope, Nelson co., a train of Federal troops comes up and drives off the Con- federates, worsting them ; but after a short
skirmish, the train goes back towards Louisville ......... 12-Morgan captures Leb- anon, after defeating and taking prisoners Lieut. Col. Ab. Y. Johnson and a small force of the 28th Ky. stationed there, and burns the U. S. government warehouse with $60,000 of stores .. . Passes through Springfield. .... Some of his scouts en- gage the Home Guards at Macksville, Washington co., and have 3 wounded and 2 captured, but they are released on nego- tiation. 13-At Harrodsburg ; Mor- gan detaches Col. Gano to burn railroad bridges, to prevent troops being sent from Louisville and Cincinnati to intercept him .15-At Midway, while the railway track was being torn up, his telegraph oper- ator, G. A. Ellsworth, captures Woolum, the local operator, with his office and signal book ; and by telegraph "strategy" changes the plans of Brig. Gen. Wm. T. Ward, at Lexington head quarters, prevents troops being sent against the raiders, and prepares for a pleasant two-days' sojourn in Seott county ... .. 17 - At Georgetown. Col. Gano puts under arrest J. Stoddard Johns- ton (afterwards lieutenant colonel on Gen. John C. Breckinridge's staff ) and other Southern "sympathizers."
July 12, 13-Immense excitement and alarm at Louisville and Cincinnati, from exaggerated reports of Morgan's force and exploits. Late Saturday night, Gen. Boyle telegraphs to Mayor Hatch, of Cin- cinnati : " A regiment from Indiana will arrive here on Sunday morning. We will have to defend this city, and Cincinnati must defend Lexington. Morgan, with 1,500 men, has burned Perryville, and is is marching on Danville." Maj. F. G. Bracht telegraphs from Lexington, on 13th : "Some of Morgan's men, 400 strong, are now near Nicholasville ; our pickets are falling back ; we shall have hot work to- night; Morgan is evidently coming by two or three roads." Other dispatches. of even more alarming tenor, came in from several places. At 912 P. M., 13th, the mayor of Cincinnati received a dis- patch, purporting to be from Gen. Doyle, stating that Morgan was moving upon Louisville, and asking that all available assistance be sent there. Thus mystery was added to terror, and terror increased the mystery. At Lexington, all able- bodied citizens of the city and county were ordered to report at the court house forth with, to be armed for the defense of the city ; "the drinking saloons were all closed ;" 1,000 horses were impressed ; Gen. Ward was reported to be "terribly in earnest." The Frankfort banks re- moved their money to Louisville. Col. J. W. Dudley, with 112 policemen from Cin- cinnati, hastened to Lexington, and Capt. Wm. II. Glass with a brass 12-pounder and 4 fire-engine horses to the aid of Cyn- thiana ; while Col. Wm. Henry Wadsworth, with 85 men, from Maysville and Wash- ington, hastened gallantly to the relief of Paris.
July 12-Skirmish at Camden, Anderson
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co., between Dr. Tom Allen, of Taylors- | 300 muskets were burned, Camp Frazier ville, with 70 men, and the Shelbyville and a large amount of government stores destroyed. home guards under Mr. Elder; the latter lost 2 men killed and a few prisoners. Elder was making arrests, and was resisted by Allen.
July 13-Gen. Boyle, at his Louisville headquarters, issues an order " that every able-bodied man take arms and aid in re- pelling the marauders; every man who does not join will remain in his house 48 hours, and be shot down if he leaves it." Maj. Bracht, provost marshal at Lexing- ton, re-publishes the order, saying it " will be rigidly enforced, and those not uniting with us will confine themselves to their houses from 212 p. M." " The effect of the proclamation is to keep the secessionists housed up, for fear of being shot; they cannot procure arms ; every white man on the street is armed to the teeth; every thing here seems stagnant; three-fourths of the stores and manufactories are closed ; every face wears a siekly, frightened look ; men speak to each other of Morgan, as though his name were to them what that of Richard of the Lion Heart was to the Saracens."
July 16-Arrests of citizens charged with " disloyalty " inereasing; 27 of "the wealthiest and most influential citizens (rebels) of Grant and Pendleton counties captured and taken to Camp Chase ;" "a fine haul of 35 secesh prisoners picked up in Grant, Pendleton, Owen and Harrison, quartered temporarily in Newport bar- racks ;" 13 "placed in the military prison at Louisville, to-day, 7 of them from Hopkins co .; " 11 " admitted " on yesterday ; 18th, 8 " lodged " in the same prison, and 33 re- moved from it to the Indiana penitentiary at Jeffersonville. [Such are the daily re- ports in the Louisville papers.]
July 16-Adam R. Johnson, with 2 men, crosses the Ohio river, and captures Newburgh, Warrick co., Indiana, 14 miles above Evansville, paroles 85 Federal sol- diers, sick in hospital, and takes with him 200 guns.
July 17-President Lincoln sends to congress his message vetoing the " Act to suppress treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, " but nevertheless signs the bill because of an "explanatory resolution " passed by congress.
July 17-Battle at Cynthiana, Harrison co. Gen. John H. Morgan's Confederate rangers defeat a detachment of the 18th Ky., the home-guards, Capt. Arthur's com- pany from Newport, and Billy Glass' 16 Cincinnati firemen and 12-pounder, nearly 500 troops, under Lieut. Col. John J. Lan- dram. The contest continued very bravely and desperately for about two hours ; a few citizens quietly explored cellars, while the fight in the street was so hot. Col. Landram escaped, with a few men. Gen. Duke says 420 prisoners were taken and paroled. 16 Federals and 14 Confederates were killed, and about 40 wounded on each side. The railroad depot and about
July 18-About sundown, Morgan's cav- alry reached Paris, which had already been surrendered by a deputation sent out to meet them. About 8 o'clock, next morn- ing, they resumed their march for Rich- mond, greatly hastened by the approach of Gen. Green Clay Smith, with over 1,200 men, who killed 2, wounded 6, and took a few prisoners from the retreating body. Morgan reached Winchester about 12 M., and Richmond at + next A. M., having rested 4 hours at the former place. 20th, at 4 P. M., he left Richmond, at 11 A. M., was at Crab Orchard, and at sundown at Somerset-at which two places he de- stroyed 130 government wagons and many army stores ; thence, through Monticello, to Tennessee. His official report says :
" I left Knoxville, July 4th, with about 900 men, and returned to Livingston, Tenn., on the 28th, with nearly 1,200 men ; having been absent just 24 days- during which I traveled over 1,000 miles, captured 17 towns, destroyed all the gov- ernment supplies and arms in them, cap- tured 300 government horses at Cynthiana, dispersed about 1,500 home guards, and paroled nearly 1,200 regular troops. I lost, in killed, wounded and missing, of the number that I carried into Ky., about 90."
July 18-Congress adjourned yesterday, after appropriating about $800,000,000, of which $660,000,000 for carrying on the war. . Made post-office stamps a legal tender [owing to the great scarcity of small change caused by hoarding silver] .... Postponed action on the bill, recom- mended by President Lincoln, appropri- .. ating $200,000,000 for the border slave states' emancipation, and for colonization Senate failed to act on a bill which passed the house, providing for the trial or discharge of state prisoners ; and re- pealed the bill for a military railroad through Ky. into East Tennessee.
July 21-Gen. Boyle issues the follow- ing :
HEADQUARTERS U. S. FORCES IN KY., Louisville, July 21, 1862. General Order No. 5.
The following general order is issued, to be enforced by military commanders in the district of Ky .:
No person hostile in opinion to the gov- ernment and desiring its overthrow, will be allowed to stand for office in the dis- trict of Ky. The attempt of such a per- son to stand for office will be regarded as in itself sufficient evidence of his treason- able intent to warrant his arrest. He who desires the overthrow of the government can seek office under the government only to promote its overthrow. In seeking of- fice he becomes an active traitor, if he has never become one otherwise; and is liable both in reason and in law to be treated accordingly. All persons of this descrip- tion who persist in offering themselves as
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candidates for office will be arrested and | sent to these headquarters.
By command of Brig. Gen. Boyle.
JOHN BOYLE, Capt. and A. A. G.
July 21-An order issued yesterday (Sunday) by Gen. Boyle, in Louisville, re- quiring secessionists and suspected persons to give up such arms as they had in their possession, is faithfully executed by the provost guard.
July 22-Gold in Louisville 19@20 per cent premium.
July 22-Two Louisville religious news- papers, The True Presbyterian, edited by Rev. Stuart Robinson, D. D., and The Baptist Recorder, edited by Rev. Mr. Dun- can, suppressed by military order, and the latter gentleman sent to the military prison in Louisville.
July 22-1,000 Federal troops from Ev- ansville, Ind., at 1 A. M., cross the Ohio river, march to and surround Henderson, but the Confederate troops who had held that town for some days had prudently slipped away.
July 23-Several "secesh " houses in Newport searched, and the following rebel music found and seized : " John Morgan's Schottische, " "Jeff. Davis' March, " "Beauregard's March," " Bonnie Blue Flag, " "Southern Marseillaise, " and " Maryland, my Maryland."
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July 26-Rev. Thos A. Hoyt, of Louis- ville, and Rev. Jas. H. Brooks, of St. Louis-both Presbyterian clergymen-ar- rested in Cincinnati for supposed disloy- alty, their persons and baggage searched, and they imprisoned in Newport barracks. Rev. S. D. Baldwin, Rev. R. Ford, and Rev. E. D. Elliott, from Nashville, shipped to Camp Chase, on same charge. Rev. Thos. J. Fisher, the celebrated Baptist "revival preacher," arrested in Campbell co., and taken to Newport barracks ; and Rev. W. H. Hopson, of the Reformed or Christian church in Lexington, taken to Louisville. Other arrests of preachers being made all over the state. Daniel Mooar and James O'Hara, of Covington, Col. Thos. L. Jones and Hubbard D. Helm, of Newport, Gen. Lucius Desha and ex-mayor Sam. January, of Cynthi- ana, and hundreds of prominent citizens, put under arrest. Fears of the result of a free election, on Monday next, is said to have instigated many arrests.
July 26-All the inhabitants of Casey- ville, Union co., except 3 who escape, taken prisoners by a gun-boat ; she after- wards released all but 19, who were taken to Evansville, Ind., as prisoners.
July 28-By order of Gen. Boyle, a prison prepared at 'Newport for "rebel females "-where they will be required to sew for the Federal soldiers.
July 28-Samuel M. Moore, now circuit judge of the Covington district, and can- didate for re-election, Will. S. Pryor, of New Castle, Pat. U. Major, of Frankfort, and some other candidates-believing Gen. Boyle's " Order No. 5" designed only for "moral effect," and too monstrous and
tyrannical to be actually enforced-con- tinue as candidates, until individually threatened with arrest unless they with- draw instanter. They acquiesce gracefully.
July 29-The surrender of Mt. Sterling demanded, and the town attacked, by over 200 men who are reported to be on their way to join the Confederate army ; they are defeated, with 6 killed, as many wounded, and about 50 prisoners.
July 29-Russellville, Logan co., cap- tured by Col. R. M. Gano's Confederate cavalry ; several U. S. officers killed or wounded.
Aug. 2-Three ladies, of Harrodsburg, brought to Louisville by one Capt. Jack Mann, and put in the military prison.
Aug. 2-Steamboat Commodore Perry collapses a flue, takes fire, and burns to the water's edge, at Louisville ; 3 firemen lost, and 2 other hands badly sealded.
Aug. 4-Election for judges and county officers. Vote small; " Union" ticket successful every-where, because any oppo- sition was prevented by the military. R. K. Williams elected judge of the court of appeals from the 4th or Paducah district.
Aug. 4-Skirmish at Piketon, Pike co., between guerrillas and home guards ; for- mer retreat. 5th, another skirmish near Piketon ; 9 guerrillas killed ; they are re- inforced, and the home guards are de- feated.
Aug. 6-Skirmish at Peter creek, Pike co., 9 home guards killed, and as many guerrillas ; former defeated.
Aug. 9-" Guerrillas" capture Calhoon and Rumsey, in MeLean co., and threaten other towns.
Aug. 10-Gen. Boyle appoints Col. Henry Dent, of Louisville, provost marshal gen- eral for the state, to whose orders all county provost marshals are subject.
Aug. 12-Adj. Gen. Finnell telegraphs that "no more volunteers for one year mounted men will be received ; the regi- ments are now full to overflowing."
Aug. 14-Col. Leonidas Metcalfe pays the Mayor of Cincinnati, by check on the Paris Deposit Bank, $1,800 " in full for 8 horses and harness captured by Morgan's men at Cynthiana, in the battle of July 17th last." This money was part of a large sum extorted, levied npon, or forced from Southern sympathizers in that part of Ky., under a military threat of "Your money, or Camp Chase."
Aug. 14-Legislature, which had ad- journed over from March 17 to Nov. 24, incets in extraordinary session, in accord- ance with Gov Magoffin's proclamation of July 28, in which he says : * "I am without a soldier or a dollar to protect the lives, property and liberties of the people, or to enforce the laws. Daily ap- peals are being made to me as the gov- ernor of the state, to protect our citizens from marauding hands, and in the peace- able enjoyment of their property and rights under the constitution. I am without the means and the power to afford relief ; and am left no alternative but to appeal to you,
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their representatives-in the hope that it will not be in vain." *
Aug. 15-Gov. Magoffin's message to the legislature gives the auditor's state- ment of the finanees, on July 31, 1862 :
Total in Treasury .... $423,935
Of this, belongs to Revenue ... 84,169
To Sinking Fund proper ..... 169,419
To School Fund proper. 126,347
To Military Fund. 43,998
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He then calls "serious attention to the interferenee by the military with the eivil authorities, to the arrest of our citizens without authority of law, and to their pro- tection in the enjoyment of the right of suffrage, their right to become candidates for and to hold office, and enjoy their property, as peaceful and law-abiding citizens, under the constitution and laws.' His message is a very thorough and able resumé-by quotations-of the positions, promises and assurances of the general government, the president, eabinet officers, and military leaders-now changed, broken and disregarded ; of the unjust and uncon- stitutional action of congress, and its as- tounding violations of plighted faith ; of the exactions, oppressions and violence of the military, and its subversion and over- throw of the courts and the daw. It is also an out-spoken and powerful vindica- tion of the early and true policy of Ken- tucky, and of his own official consistency and fidelity. The message was accompa- nied by eleven most extraordinary docu- ments-Kentucky's first realization in her seventy years of state life, of the painful experience of all nations in all ages, "inter arma leges silent." Nos. 1 to 9 embrace the correspondence between circuit judge Wiley P. Fowler, of Smithland, eounty judge G. A. Flournoy and county clerk Tho. D. Grundy, of Paducah, Col. S. Noble commanding U. S. forces at Padu- cah, Gov. Magoffin, representative in eon- gress John J. Crittenden, and seeretary of war Edwin M. Stanton-complaining, as the last named dignitary ealls it, " of the interferenee by the United States troops in preventing the holding of state courts." May 13, while Judge Fowler was holding court at Marion, Crittenden co., Capt. Stacy, with a body of U. S. cavalry from Padueah, put a guard at the doors, and sent up the following :
HEADQUARTERS UNITED STATES FORCES, Padueah, Ky., May 12, 1862.
Hon. W. P. FOWLER: Sir: I am in- formed that many of the officers of your court in different counties are secessionists, and have not taken the oath of allegiance ; that they are constantly oppressing Union men, and talking treason in the very presence of the court. These things should not be. The Union army came here to sustain and defend the constitution of the United States, to protect Union men, and punish treason wherever it may be found. whether in high or low places. So far as I myself am concerned, I shall try to do 80. I understand that Capt. Duval has been indicted and imprisoned for being in
some way concerned in arresting traitors. If that be so, he must be at onee released. When I took command of this post, I was instructed that no offieer would be per- mitted to act in any official capacity what- ever who did not take the oath to support the constitution of the United States and of the state of Kentucky. That rule has been strictly adhered to in this county, and must be in all counties where I have the authority to enforce it. I hope you will see that where you hold court it is done. All jurors, both grand and petit, should take oath before being impanneled .. 1 want a record of such oath sent to these head- quarters. Respectfully yours.
S. NOBLE,
Colonel Commanding Post.
Judge Fowler "refused to comply with the order, declined to yield to any dicta- tion by military authority as to the dis- charge of his duties as presiding officer of the court, and ordered an immediate ad- journment until court in course." Capt. Staey then informed him that no person should leave the court house until the oath was taken, that he (Judge F.) was under arrest, and would be released upon his parole of honor to appear at Paducah on May 21. Four members of the bar, who refused to take the oath, were immediately arrested and put under bond to appear at Paducah.
To Judge Fowler's letter advising him fully of these facts, Gov. Magoffin, May 20, replied : "For the dignity of the bench, for the honor of the state, in the name of the liberties of our people, I hope you will pay no attention to the illegal, uneonsti- tutional, and tyrannical action of Capt. Stacy. Go on, and hold your courts, under the laws and constitution, and do not de- grade yourself, your district, or the state, by appearing at Paducah before this mili- tary subaltern, no matter by whose order. Each department of the government must be preserved within its legitimate sphere of action, or we are lost. I will send your communication to the president."
Judge Fowler's reply, May 23, says he appeared at Padueah, in obedience to his parole ; that Col. John T. Bunch, of Hen- derson, and Ben. P. Cissell, of Morgan- field, desired his presence to assist them to get released, in which he, so far, had failed. When first taken at Marion, they refused to take the oath as then presented. Now they were willing ; but an additional stipulation was so repulsive that they de- clined ; as attorneys, they had repeatedly taken the oaths prescribed in the constitu- tion and laws of Ky .; they knew of no law requiring them to take the oath now presented ; but most earnestly did they object to the surrender of their rights, if procceded against for its violation, from the civil to a military tribunal. The oath required of them was:
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