USA > Missouri > DeKalb County > History of Andrew and De Kalb counties, Missouri : from earliest time to the present; together with sundry personal, business and professional sketches and family records. besides a condensed history of the state of Missouri, etc > Part 10
USA > Missouri > Andrew County > History of Andrew and De Kalb counties, Missouri : from earliest time to the present; together with sundry personal, business and professional sketches and family records. besides a condensed history of the state of Missouri, etc > Part 10
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The authorities at Washington disapproved of the Harney- Price compact, and they had already given orders that Capt. Lyon should succeed the former general in command of the de- partment. Before, however, the order for his displacement reached him, Gen. Harney, in consequence of his agreement with Gen. Price, removed the Federal troops from the suburbs of St. Louis, Col. Sigel's regiment remaining at the arsenal. Gov. Jackson and Gen. Price, on their part, disbanded the State troops at Jefferson City and St. Joseph, and ordered them home, there to drill and receive military instruction.
Another conference was held in St. Louis between Gen. Lyon, Col. Frank P. Blair, Jr., and Maj. F. A. Conant, on the one side, and Gov. C. F. Jackson, Gen. Sterling Price and Col. Thomas L. Snead, on the other. The interview lasted six hours, but re- sulted in nothing except to make the terrible truth evident that their differences could not be peaceably adjusted.
This final effort at conciliation having failed, Gov. Jackson and his associates left for Jefferson City the same night, burning railroad bridges and cutting the telegraph wires behind them.
PROCLAMATION BY GOV. JACKSON.
On the next day (June 12) Gov. Jackson issued a procla- 7
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mation, calling into active service 50,000 State Militia "for the purpose of repelling invasion, and for the protection of the lives, liberty and property of the citizens of this State." He instructed the people that their first allegiance was due to their own State; that they were " under no obligation, whatever, to obey the unconstitutional edicts of the military despotism which had enthroned itself at Washington, nor submit to the infamous and degrading sway of its wicked minions in this State." He de- clared that no brave and true-hearted Missourian would obey the one or submit to the other; and he called upon them to rise and "drive out ignominiously the invaders who have dared to dese- crate the soil which your labors have made fruitful, and which is consecrated by your homes." This proclamation was the signal for civil war in Missouri, and immediately upon its publication active military movements within the State began.
THE LEGISLATURE AGAIN.
The "Missouri State Guard" bill was before the Legislature, and was meeting with much opposition, when the news of the attack on Camp Jackson so affected the minds of the legislators that they passed the act in less than fifteen minutes.
About 11 o'clock the same night the whole city of Jefferson was aroused by the pealing of bells and the shouts of men sum- moning the Legislature to the Capitol. There they went into secret session until past 3 o'clock in the morning. The cause of this sudden panic was the reception of a telegram, afterward asserted to be bogus, to the effect that 2,000 Federal troops would leave St. Louis that night for the express purpose of cap- turing the Governor, State officers and members of the Legis- lature, then convened at Jefferson City. To prevent this antici- pated raid the railroad bridge across the Osage River was burned, and the next day 12,000 kegs of powder were sent off in wagons to secret places of safety, while the money in the State Treasury was moved out of town to keep it out of the hands of the expected marauders. When the truth became known, comparative quiet was restored.
In accordance with the power conferred upon Gov. Jackson by an act of the Legislature before mentioned, he appointed Sterling Price major-general of the Missouri State Guard.
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On the day before the final adjournment, Mr. George G. Vest, now a resident of Kansas City and a United States senator, made the following report to the House of Representatives from the Committee on Federal Relations.
WHEREAS, We have learned with astonishment and indignation that troops in the service of the Federal Government have surrounded and taken prisoners of war the encampment of State militia lately assembled near the city of St. Louis, in pursuance of law and by command of the Governor, for the purpose alone of military instruction; AND WHEREAS, The United States troops aforesaid, assisted by a mob armed under Federal authority, have also murdered with un- paralleled atrocity, defenseless men, women and children, citizens of Missouri, lawfully and peacefully assembled. Now, therefore,
Resolved by the House of Representatives, the Senate concurring therein, That we, the representatives of the people of Missouri, in general assembly convened, do hereby protest to the civilized world, and especially our sister States, against this illegal, unchristian and inhuman violation of our rights by the capture of our militia, assembled under the constitution of the United States, and the constitution of the State, and the murder of our defenseless people;
Resolved, Second, That whilst Missouri has been loyal to the Government, struggling for its reconstruction, and is now sincerely desirous of an honorable adjustment of existing difficulties, she has received as reward for her fidelity from persons assuming to act under Federal authority, unparalleled insult and wrong. An armed despotism, under infuriated partisan leaders, has been inaugurated in our midst, controlled by no law but passion, and actuated by the deepest hate against the people of Missouri and their institutions. Our railroads are now under military occupation. The steamboat "C. E. Hilman" engaged in trans- porting goods from the city of St. Louis to the city of Nashville, has been seized by Government troops within the jurisdiction of this State, and the cargo taken out. The capitol of the State is openly threatened with capture, and our session is now being held in the midst of armed citizens hastily assembled for defense.
Resolved, Third, That it is the unquestioned, constitutional right of the State to arm, equip and organize her militia for defense against aggression from any quarter; and the attempt by Capt. Lyon, acting, as he says, under author- ity from Washington, to use the exercise of this right as an excuse for his con- duct, evinces but too clearly a disposition upon the part of the authorities at Washington to disregard and trample upon the sacred rights of the people of Missouri.
Resolved, Fourth, That the charge of Capt. Lyon in his letter to Gen. Frost, that the proceedings of the State authorities or of this general assembly, at any time, furnished a pretext for the course pursued by him, is entirely gratuitous and false.
Resolved, Fifth, That the Governor of the State be hereby directed to make demand of the President of the United States, whether these outrages have been authorized by the Government, and for the immediate return of the arms, camp equipage and other property belonging to this State, lately taken from our military near St. Louis, and for the unconditional release of our State troops.
Resolved, Sixth, That the Governor be requested to take instant action by calling forth the militia of the State for the purpose of defense; and that the
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people of Missouri should rally as one man to perish, if necessary, in defending their constitutional rights.
Resolved, That the governor be requested to furnish a copy of the foregoing preamble and resolutions to the President of the United States, and to the Governor of each of the States.
That these resolutions were passed in the House without a single dissenting vote is an evidence of the extraordinary excite- ment which prevailed, not only among the people, but also in the Legislature.
Immediately upon the adjournment of that body, Gov. Jack- son and the larger part of the State officers abandoned the capi- tol, believing that delay would probably result in their falling into the hands of the United States militia and becoming prison- ers of war. In September Gov. Jackson issued a proclamation, calling the General Assembly to meet in extra session at Neosho, Newton County, on the 21st day of October. At the time this official act was performed the Governor was a fugitive from the State capitol, and the State Convention, on the 31st of July, had declared his seat vacant, together with those of the members of the Legislature; and on the same day had invested Hamilton R. Gamble with the authority and obligations of Governor of Missouri.
Gov. Jackson's proclamation declared that the United States authorities had "- in violation of the constitution of the United States, waged a ruthless war upon the people of the State of Missouri, murdering our citizens, destroying our property, and, as far as in their power lay, desolating our land. I have in vain endeavored to secure your constitutional rights by peaceable means, and have only resorted to war when it became necessary to repel the most cruel and long-continued aggressions. War now exists between the State of Missouri and the Federal Gov- ernment, and a state of war is incompatible with the continuance of our union with that Government. Therefore, for the purpose of giving to the representatives of the people of Missouri an op- portunity of determining whether it be proper now to dissolve the constitutional bonds which binds us to the Government of the United States, when all other bonds between us are broken, I, Claiborne F. Jackson," etc.
In response to this proclamation, thirty-nine members of the
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House and ten members of the Senate assembled at Neosho in October. The proceedings of the Senate, afterward captured, show that during the first few days nothing was done but bring in absent members. In order to consitute a quorum there must have been present sixty-seven members of the House and seven- teen members of the Senate. As it was impossible to muster that number, Gov. Jackson's message was read to those who were present. He recommended the passage of an ordinance of seces- sion, and also the passage of a law authorizing the election of senators and representatives to the Confederate Congress.
An act, declaring the union between Missouri and the United States dissolved, passed both houses of this fragmentary Legis- lature, and as far as that body was concerned the connection be- tween the State and the general Government was broken. This Senate met again at Cassville, Barry County, October 31, 1861, and November 7, adjourning to meet at New Madrid on the first Monday in March, 1862; but that meeting was never held. Gov. Jackson's death occurred December 6, 1862, at a farmhouse on the Arkansas River opposite Little Rock.
THE STATE CONVENTION- FURTHER TRANSACTIONS.
On the 31st of July, 1861, this body elected Hamilton R. Gamble, Willard P. Hall and Mordecai Oliver, respectively Gov- ernor, Lieutenant-Governor and Secretary of State, to succeed Claiborne F. Jackson, Thomas C. Reynolds and Benjamin F. Massey, whose seats had been declared vacant.
At another session held in St. Louis, and beginning October 10, 1861, the board of public works and the offices of State superintendent of public schools and county school commis- sioners were abolished, the salaries of all civil officers were re- duced 20 per cent, and test oaths of loyalty for civil officers and citizens were authoritatively promulgated.
On June 2, 1862, the convention assembled at Jefferson City, declared vacant the seats of Sterling Price, late presidentof the con- vention, and of others who had joined the secessionists; laid upon the table an ordinance offered by Mr. Breckinridge providing for the gradual emancipation of the slaves in the State; passed an ordinance continuing the provisional government until August,
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1864, at which time, according to arrangements already made, their successors would be elected and qualified, and provided that no person should vote at any election thereafter held in the State, under its constitution and laws, who should not previously take the following oath :
I, -- do solemnly swear (or affirm as the case may be) that I will sup- port, protect and defend the constitution of the United States, and the consti- tution of the State of Missouri, against all enemies or opposers, whether domes- tic or foreign; that I will. bear true faith, loyalty and allegiance to the United States, and will not, directly or indirectly, give aid or comfort, or countenance to the enemies or opposers thereof, or of the provisional government of the State of Missouri, any ordinance, law or resolution of any State convention or Legis - lature, or of any order or organization, secret or otherwise, to the contrary not- withstanding; and that I do this with a full and honest determination, pledge and purpose, faithfully to keep and perform the same, without any mental res- ervation or evasion whatever. And I do solemnly swear (or affirm) that I have not since the 17th day of December, A.D. 1861, wilfully taken up arms, or levied war against the United States, or against the provisional government of the State of Missouri, so help me God.
A similar oath was prescribed for all civil officers, and for jurymen and attorneys.
On June 15, 1863, pursuant to a proclamation from Gov. Gamble, the convention met to devise measures for the gradual emancipation of the slaves. Without especially noting the action of the convention on the various propositions submitted, or the several amendments to these propositions, it is enough to say that on July 1, the fifteenth day of the session, the ordinance as amended was passed. It is as follows:
Be it ordained by the people of the State of Missouri in convention assembled:
SECTION 1. The first and second clauses of the twenty-sixth section of the third article of the constitution are hereby abrogated.
SEC. 2. That slavery and involuntary servitude, except for the punishment of crime, shall cease to exist in Missouri on the 4th day of July, 1870, and all slaves within the State at that day are hereby declared to be free; Provided, however, That all persons emancipated by this ordinance shall remain under the control, and be subject to the authority of their late owners or their legal representatives, as servants, during the following period, to-wit: Those over forty years for and dur- ing their lives; those under twelve years of age until they arrive at the age of twenty-three years, and those of all other ages until the 4th of July, 1870. The persons or their legal representatives, who, up to the moment of the emanci- pation were the owners of the slaves thus freed, shall, during the period for which the services of such freed men are reserved to them, have the same au- thority and control over the said freed men for the purpose of receiving the pos-
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session and service of the same, that are now held absolutely by the master in respect to his slave. Provided, however, That after the said 4th day of July, 1870, no person so held to service shall be sold to a non-resident of, or removed from the State of Missouri, by authority of his late owner or his legal representatives.
SEC. 3. That all slaves hereafter brought into this State, and not now be- longing to citizens of this State, shall thereupon be free.
SEC. 4. All slaves removed by consent of their owners to any seceded State, after the passage by such State of an act or ordinance of secession, and hereafter brought into this State by their owners, shall thereupon be free.
SEC. 5. The General Assembly shall have no power to pass laws to emanci- pate slaves without the consent of their owners.
SEC. 6. After the passage of this ordinance no slaves in this State shall be subject to State, county or municipal taxes.
Wednesday, July 1, 1863, the convention, after having held various sessions, since its first meeting, February 28, 1861, adjourned sine die.
EMANCIPATION PROCLAMATION AND THE XIIITH AMENDMENT.
In connection with the emancipation measures of the State of Missouri, it may not be amiss to give a brief recital of the various means by which slavery in the United States was finally ob- literated.
President Lincoln's policy was for some time criticised as timid and slow. His more hardy and aggressive advisers de- manded that the negroes be either emancipated or declared con- traband of war at once, as the Southern armies could never be beaten while 4,000,000 of blacks, without cost or remuneration, were at home tilling the soil for the support of the whites in the field. After waiting long enough to see that the South did not want peace upon any terms save a permanent withdrawal from the Union, and recognition by the North as an independent, sovereign power, he issued a provisional proclamation of emanci- pation on September 22, 1862. On the 1st of January, 1863, the President issued one of the most important documents of modern times-the emancipation proclamation. This could have been de- fended throughout the world as an act of, progressive and civilized humanity, but it was in reality a war measure, it having become necessary to strike an effective blow against the labor system at the South, and as such was fully sanctioned by the laws and usages of nations. This proclamation is here given in full:
WHEREAS, On the 22d day of September, 1862, a proclamation was issued by the President of the United States, containing among other things the fol- lowing, to wit:
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"That on the 1st day of January, 1863, all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebell- ion against the United States, shall be then, thenceforward and forever free, and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such per- sons, and will do no act or acts to repress such persons, or any of them, in any efforts they make make for their actual freedom.
" That the Executive will, on the 1st day of January, aforesaid, by proclama- tion, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States, and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States by members chosen thereto, at elections wherein a majority of the qualified voters of such State shall have par- ticipated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State and the people thereof are not then in rebellion against the United States."
Now, therefore, I, Abraham Lincoln, President of the United States, by vir- tue of the power in me vested as commander in chief of the army and navy of the United States, in time of actual armed rebellion against the authority and Government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this 1st day of January, 1863, and, in accordance with my purpose so to do, publicly proclaim for the full period of 100 days from the day first above mentioned, order and designate, as the States and parts of States wherein the people thereof, respectively, are this day in rebellion against the United States, the following, to wit:
Arkansas, Texas, Louisiana (except the parishes of St. Bernard, Plaque- mine, Jefferson, St. John, St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, St. Mary, St. Martin and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Caro- lina and Virginia (except the forty-eight counties designated as West Virginia, and also the counties of Berkley, Accormac, Northampton, Elizabeth City, York, Princess Ann and Norfolk, including the cities of Norfolk and Ports- mouth), and which excepted parts are, for the present, left precisely as if this proclamation were not issued.
And by virtue of the power and for the purpose aforesaid I do order and declare that all persons held as slaves within said designated States and parts of States are and henceforward shall be free ; and that the Executive Govern- ment of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of such persons.
And I hereby enjoin upon the people so declared to be free, to abstain from all violence, unless in necessary self-defense, and I recommend to them that in all cases, when allowed, they labor faithfully for reasonable wages.
And I further declare and make known, that such persons of suitable con- dition will be received into the armed service of the United States to garrison forts, positions, stations and other places, and to man vessels of all sorts in said service.
And upon this act, sincerely believed to be an act of justice, warranted by the constitution, upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God.
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In testimony whereof I have hereunto set my name, and caused the seal of the United States to be affixed.
[L. s.]
Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty- three, and of the Independence of the United States the eighty- seventh. ABRAHAM LINCOLN.
By the President:
WILLIAM H. SEWARD, Secretary of State.
As the State of Missouri was loyal to the Union, and was at the time of the proclamation represented in Congress by her chosen representatives, the provisions of that document had no effect upon slavery within her borders. As has been seen, the people of the State, through their legislators and their State convention ordinances had adopted emancipation, but that action was superseded by the Thirteenth Amendment to the constitu- tion of the United States, which was ratified by thirty-three States, including Missouri, ratified conditionally by Alabama and Mississippi, and rejected only by Delaware and Kentucky. As the permission of three-fourths of the States was all that was necessary for the adoption of the amendment, it was declared in force by President Johnson in 1865, although Lincoln himself lived to see it proposed. It is as follows:
ARTICLE XIII.
SECTION 1. Neither slavery nor involuntary servitude, except as a punish- ment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
SEC. 2. Congress shall have power to enforce this article by appropriate legislation.
Thus, after an existence of more than two hundred and forty years, the institution of African slavery in the United States was swept away. Although it was the purpose of the general Gov- ernment to discriminate carefully between Union and non-Union slave holders, and to sufficiently indemnify the former class against all losses occasioned by the freeing of their slaves, yet in many cases loyal men were ruined financially in this great over- throw of Southern institutions, and all classes suffered together.
CAMPAIGN OF 1861 .- BOONVILLE.
Jackson and Price had collected, at Boonville, a military force of from 3,000 to 4,000 men. This force was poorly
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armed, possessed of but a single piece of artillery, undisciplined, and deficient in organization and competent officers, yet they were eager to meet the troops, which under command of Lyon and Blair were coming up the river to attack them. On the eve of battle, Price was taken seriously ill, and was obliged to go home; therefore the Confederates marched under command of Col. John S. Marmaduke, to meet the advancing column of Lyon's forces. The latter had disembarked at Rocheport, and were ad- vancing with six pieces of artillery in the direction of Boonville, when they encountered the State troops about midway between the two places. Capt. Totten, of the Unionists, opened the en- gagement by throwing a few nine-pounder explosives into the State ranks, while the infantry of the former filed obliquely, right and left, and commenced a terrific volley of musketry, which was at first vigorously returned. Col. Marmaduke was stationed in a lane, leading toward the river from the road by which the United States troops were advancing, and in a brick house on the northeast corner of the two roads. A couple of shells were thrown into the house, dispersing the State troops in great con- fusion. This, together with the well-directed fire of the infantry from the right and left, soon forced Col. Marmaduke's men to fall back, but they again formed in line of battle, and advanced a few feet to meet the Union forces. The cannon were now brought into requisition, and the State troops opened a galling musketry fire from a grove on the left of Lyon's center, and from a shed still further to the left.
The skirmish now became a battle. Lyon's force was 2,000 in all, but not more than 500 were at any one time engaged. There were 1,500 of the State troops, but neither were they all continu- ally in the conflict. Lyon brought his artillery to bear with deadly effect, and a forward movement on the right decided the engagement, the State forces retreating in great disorder. Such was the confusion of this retreat that this battle is often jocularly styled " the Boonville Races. "
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