History of Clay and Platte Counties, Missouri : written and compiled from the most authentic official and private sources, including a history of their townships, towns, and villages, together with a condensed history of Missouri; a reliable and detailed history of Clay and Platte Counties --their pioneer record, resources, biographical sketches of prominent citizens., Part 23

Author:
Publication date: 1885
Publisher: St. Louis : National Historical Co.
Number of Pages: 1156

USA > Missouri > Platte County > History of Clay and Platte Counties, Missouri : written and compiled from the most authentic official and private sources, including a history of their townships, towns, and villages, together with a condensed history of Missouri; a reliable and detailed history of Clay and Platte Counties --their pioneer record, resources, biographical sketches of prominent citizens. > Part 23
USA > Missouri > Clay County > History of Clay and Platte Counties, Missouri : written and compiled from the most authentic official and private sources, including a history of their townships, towns, and villages, together with a condensed history of Missouri; a reliable and detailed history of Clay and Platte Counties --their pioneer record, resources, biographical sketches of prominent citizens. > Part 23

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HISTORY OF CLAY COUNTY.

secession was passed by both houses. In the Senate the only vote against it was cast by Charles Hardin, then Senator from the Boone and Callaway district, and afterwards Governor of the State, and in the House the only member voting " no " was Mr. Shambaugh, of DeKalb. According to the records and to Mr. Shambaugh there were in the Jackson Legislature at the time but 39 members of the House and 10 members of the Senate, when by the constitution a quorum for the transaction of business was required to consist of 17 Senators and 67 Representatives. Be that as it may, the secession ordinance-and the act of annexation to the Southern Confederacy were approved by the Confederate Congress at Richmond, recognized by that portion of the people of Missouri who were in favor " of cutting loose from the old Union," and Gen. Price fired a salute in honor thereof. And so those Missourians, then and afterwards in arms against the Federal flag, became entitled to the name of Confederates, and will so be denom- inated in future pages of this history, instead of being called " State Guards," " Secessionists," "Southern troops," etc., as they have hitherto been spoken of.

On Sunday, December 8, about 2,000 Federal troops, under com- mand of Gen. Ben. M. Prentiss, appeared in Liberty and remained until the following Tuesday. During their stay quite a number of citizens of Confederate proclivities were arrested and forced to take an oath of loyalty to the Federal Government. Among these was Robert. H. Miller, editor of the Tribune, who was required to agree not to publish any more " secesh " articles in his paper. When he left Gen. Prentiss carried off with him Dr. Patton, Judge Vertrees, Deputy Sheriff J. J. Moore, Constable J. H. Ford, and 9 others.

CHAPTER VIII. DURING THE YEAR 1862.

The " Gamble Oath " - It is Taken by a Majority of the County Officials - Miscel- laneous - Parker's Raid on Liberty -The Reign of Penick - Organization of the Enrolled Militia - Miscellaneous Military Matters -November Election, 1862.

THE "GAMBLE OATH."

After the reorganization of the Missouri State Government by ordi- nance of the State Convention - with Hamilton R. Gamble as Pro- visional Governor, Willard P. Hall as Lieut .- Governor, Mordecai Oliver as Secretary of State, etc., - it was required that all county officers (and many others) should take an oath of allegiance, not only to the United States, but to the Provisional Government. In this county some of the officials refused to take this oath, but whether this refusal was upon the grounds that the Gamble government was illegal or that they considered Missouri, under the Neosho ordinance of Secession, one of the Confederate States, can not here be stated. For a time, owing to the disturbed condition of affairs incident to military occupation, public business was practically suspended.

But at last, after due deliberation, and upon a consideration of all the circumstances, it was concluded that it was best to accept the situation and to recognize the authority of the Federal and State Governments. Some of the officers took the oath willingly, others with a mental reservation. In January, 1862, the county court assembled at Liberty. All the officers had been reappointed, and had taken the Gamble oath. The justices were Thomas M. Chevis, Alvah Maret and Isaac Wood ; clerk, Ephraim D. Murray. Public business was transacted as usual. In March the court assembled, and con- sidering the cases of many of the justices of the peace of the county who had resigned rather than take the oath, reappointed nearly all of them, and the most of them afterward served.

In the circuit court Judge George W. Dunn had refused to take the oath, and ex-Governor Austin A. King was appointed in his stead. Circuit Attorney D. C. Allen would not take and subscribe to the oath, and D. P. Whitmer, of Ray, was commissioned. Circuit Clerk A. J. Calhoun accepted the situation.

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HISTORY OF CLAY COUNTY.

The following is a copy of the " Gamble oath : " __

I, -, do solemnly swear (or affirm, as the case may be) that I will support, protect and defend the Constitution of the United States, and the Constitution of the State of Missouri, against all enemies, and opposers, whether domestic or foreign ; that I will bear true faith, loyalty and allegiance to the United States, and will not, directly or indirectly, give aid and comfort or countenance to the enemies or oppressors thereof, or of the Provisional Government of the State of Missouri, any ordinance, law or resolution of any State Convention or Legislature, or any order or organization, secret or otherwise to the contrary notwithstanding ; and that I do this with a full and honest determination, pledge and purpose, faithfully to keep and perform the same, without any mental reservation or evasion whatever. And I do further solemnly swear ( or affirm ) that I have not, since the 17th day of December, A. D. 1861, willfully taken up arms or levied war against the United States, or against the Pro- visional Government of the State of Missouri. So help me God.

After a time the " Gamble oath " was supplemented by one more binding, more exacting, harder to take, and still harder to observe. This was called the " ironclad oath."

MISCELLANEOUS.

In February a small Federal command under Lieut. Elias Lank- ford, then engaged in raising a company for service in the Sixth regi- ment, Missouri State Militia, Col. E. C. Catherwood's, came to Liberty as the advance of a force that was to occupy the county. Lieut. Lankford opened a recruiting office, but recruits came in very slowly. In all 32 men from this county joined Catherwood's regiment.

On the 10th of March Maj. A. Lightburne's extensive rope factory at Liberty was set on fire and burned to the ground, in- volving a loss of some thousands of dollars. The incendiary was a negro woman, the slave of L. N. Rees. She was arrested and con- fessed that she did the burning to be revenged on Maj. Lightburne, who some time previously had caused her to be whipped for steal- ing some clothing from him. The woman, with some other slaves, was sent off to another quarter of the State and sold. Somehow a report that the Federals at Liberty had burned the factory gained currency, but there was not the smallest particle of truth in it.

PARKER'S RAID ON LIBERTY.

On Friday, March 14, a band of mounted Confederate partisans, 40 in number, led by Col. B. F. Parker, of Jackson county, dashed into

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Liberty and held the place for a few hours. Soon after their entrance they called up to them a citizen named Owen Grimshaw, who had a short time previously enlisted in the Federal service, and after con- versing with him for a moment, shot him in the shoulder, bringing him to the ground. The wound was a severe one, but did not prove mortal.

Capt. R. G. Hubbard, afterwards of Penick's regiment, had a re- cruiting office, with ten men. The Confederates attacked them and there was an irregular exchange of shots for nearly three hours, when Hubbard and his men surrendered to keep from|being burnt out. After paroling the prisoners and tearing down the U. S. flag from the court-house, the raiders left as suddenly as they had, entered, striking straight for their rendezvous in Jackson county, among the Sni Hills. Save Grimshaw nobody was hurt. Kit Childs was with Parker and acted as his lieutenant.

News of his raid was sent to Cameron, and Col. Catherwood, with four or five companies of militia and recruits, came galloping down to Liberty, making the march of 42 miles over heavy roads in 15 hours. After a little examination Catherwood realized that the raiders were out of all reach, and on Sunday, the 16th, he returned to Cameron, leaving at Liberty a company of his own regiment under Capt. E. D. Johnson, - Caldwell county men.

In a day or two came a reinforcement to Liberty from St. Joseph, under Col. T. T. Kimball, consisting of two companies of his six months' militia, commanded by Capts. Drumhiller and Phelps. These remained until about the 1st of April, when, their term of service having expired, they left for their homes, and then came Col. W. R. Penick, with his 500 men, and after that all Confederate raids on Liberty by small bands were prevented.

Col. Parker was subsequently killed, June 28, 1863, in a raid on Wellington, by a squad of McFerran's First M. S. M. On his person was found a commission as colonel of the "First Mis- souri Partisan Rangers," signed by J. S. Seddons, Confederate Sec- retary of War, and H. D. Walker, assistant adjutant-general of the Confederate army. Parker was the only Missourian that ever held a commission as a partisan ranger during the war. At least he was the only one known to hold such a commission. Quantrell, Todd, Ander- son and others were never commissioned.

THE REIGN OF PENICK.

The Fifth regiment of cavalry, Missouri State militia, commonly known as " Penick's men " - or else as " Penick's thieves " - held

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HISTORY OF CLAY COUNTY.

possession of Clay and other counties in this part of the State for several months during the summer of 1862. Clay was known as a strong " rebel " county, and it must have been that the Federal com- mander of the district had an especial spite against our people when he sent down Penick's men to hold them in subjection. The regi- ment was recruited at St. Joseph and the men were all or nearly all from Northwest Missouri -some were from Kansas. Col. Penick himself was (and yet is) a citizen of St. Joseph ; he was of Southern birth and rearing, a native of Boone county, Mo:, and a slaveholder.

After not quite a year's service the regiment was broken up and dismissed from the Federal service, as the order said, " in view of the interests of the public service."

Upon Col. Penick's advent into Clay county the situation was fairly felicitous for a season of peace and quietude. The people were about ready to declare the war for the independence of the Confederacy a failure and to accept the situation generally.

On the 7th of April a Union meeting was held in Liberty to con- sider the condition of affairs, and men of both and all parties attended to counsel together for the public good. T. C. Gordon presided and Robt. H. Miller was the secretary, and published the proceedings ap- provingly in the Tribune.

A committee on resolutions composed of Hon. L. W. Burris, Geo. S. Story, A. M. Riley, Dr. W. A. Norton and Milliner Haynes re- ported a series of resolutions, declaring among other things that " any further efforts to separate Missouri from the Federal Union would be madness and folly," and requesting "our fellow-citizens to lay down their arms and return home." To all who were willing to heed the latter admonition Gen. Halleck was requested to "offer them the privileges on reasonable terms."

The resolutions were adopted without dissent. Col. Moss and Gen. Doniphan made speeches indorsing them, and going even further in demanding that hostilities against the Union should cease. These speeches were reported and Col. Moss' was republished in the St. Louis Republican and many other public journals.

About this time Hon. J. T. V. Thompson, a prominent Secessionist of this county from the start, a member of the " Claib. Jackson Leg- islature," who had followed Price's army into Arkansas and had been taken prisoner at the battle of Pea Ridge, was released after a brief term of imprisonment at St. Louis, upon taking the oath. A few days later he returned home and wrote the following open letter,

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HISTORY OF CLAY COUNTY.

which was published in the St. Louis Republican, as well as in the Tri- bune and other papers in this district : -

ST. LOUIS, April 2, 1862.

To E. M. Samuel, Esq. :

SIR - For more than thirty years we have stood in antagonistic political relations. In the present troubles we have seen and acted differently, but I hope, hereafter, will act together in bringing the State back to its allegiance to the United States Government of Mis- souri ; in promoting peace and friendly feeling among our people and in the State generally. This I have a great desire to do, and will do when I return home. We have a common interest in putting down all bands of outlaws and guerrilla parties that now infest and may in- fest our State. I hope to be able, as I am willing, to act with all good men in bringing the State to its allegiance to the United States Gov- ernment, and in sustaining the provisional government of Missouri.

That the course I took in the Legislature of Missouri since these troubles commenced (though dictated by honest motives at the time ), was injurious to the State and to the Union, I freely admit, and I will hereafter, as a private citizen, do all I can to repair the injury and ruin resulting therefrom. I can, as you know, do much in my county and my old senatorial district, to restore peace, loyalty and good feel- ing among the people. I will use my influence to restore law and order, and will oppose, discountenance, and, if need be, assist in de- stroying all bands of men who aim to trample law and order under their feet. The State has already suffered enough, and I will, with you, and all other law-abiding men, urge the people to return to their allegiance to the United States Government, and to sustain our present Provisional Government, as the only means for peace and prosperity. I am fully convinced that this is the duty of all good men.

Respectfully,

J. T. V. THOMPSON.

Soon after his arrival at Liberty, Col. Penick began a system of general arrest and apprehension of those of our citizens who had iden- tified themselves with the rebellion. These were for the most part taken at their homes and brought to Liberty, where the oath of loy- alty was administered to them, and then upon giving an approved bond for the observance of their oath they were released and allowed to depart in peace, even if in mortification.

The first victims were B. W. Nowlin and S. D. Nowlin, who were released upon giving bonds of $5,000 each. Among those brought up in May was Franklin James, afterwards the notorious bandit, who took the oath and gave a $1,000 bond for the faithful observance of its terms.

Many citizens came forward voluntarily and took the oath, and in

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time so many had subscribed to the sworn and solemn pledges of faithful allegiance to the Federal government that it would seem Clay county was as loyal as any county in " bleeding Kansas." Our peo- ple had sworn to their loyalty, while the Kansans only protested theirs.

The oath required to be taken was printed on a blank duly filled out and signed by the party sworn, and was as follows : -

The undersigned solemnly swears that he will bear true faith and allegiance to the Government of the United States of America and support the Constitution thereof as the supreme law of the land ; that he will never take up arms against said Government, or those who may be acting under its authority ; that he will never, by word, act, or deed, knowingly give aid or comfort, or in any manner encourage armed opposition to the Government of the United States, but that, on the contrary, he will do all in his power as a citizen to prevent such opposition, and to discourage the same wherever it is being made. He makes this oath freely and voluntarily, with no mental reservations or restrictions whatever, honestly intending, at all times hereafter to keep the same, in spirit as well as in letter, and to conduct himself as a peaceable, law-abiding citizen of the United States. This I do sol- emnly swear, so help me God. (Signature. )

April 27, another large public meeting was held at Liberty ; many of Penick's men were present. Ex-Gov. King spoke and was followed by Col. Thompson, who graphically and humorously described his disastrous experience in following the fortunes of the Confederacy, and the result, and then seriously addressing his audience he declared that it was folly to think of contending longer against the mighty armies and vast resources of the Federal government ; that the Con- federate government would ultimately perish from the earth ; that there might be required three or four years more of war to demon- strate this, but the end would surely come, and the Confederacy fall, and if the war lasted two years more slavery would fall with it, while if the war ceased then (" now ") slavery would be preserved. Col. Thompson declared himself emphatically for peace, and altogether opposed to bushwhacking, and finally said he would live honorably up to the terms of his release and to every syllable of the oath he had taken.

Some time in the latter part of the winter Col. H. M. Routt, who had returned from the Confederate army, tired of the war, was ar- rested at his home in Liberty and taken to St. Louis on a charge of treason, in leading the force that captured the Liberty arsenal. Ex- pressing a willingness to take the oath of loyalty, and fully acknowl-

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HISTORY OF CLAY COUNTY.

edging the " error of his past ways," upon the influence of certain prominent Union men, he was granted a full and free pardon by President Lincoln, and soon returned home. He, too, like Col. Thompson, declared the war of secession had been and would con- tinue to be a failure, and that its further continuance would be a gross wrong if not a crime.

Thus the two men who were the most prominent among the first Secessionists of Clay county, each a stalwart among the stalwarts, were the first to abandon the cause to its fate and to cry for peace. Col. Routt was the first prominent officer from the county to enter the Southern service, and was the first to leave it. Col. Thompson was among the first to proclaim the doctrine and policy of secession, and was the first to declaim against it. It is not untrue to say that they were consistent in both courses. Believing secession to be politic and right in April, 1861, it was proper they should advocate it and support it. Believing in April, 1862, that secession was wrong and impolitic, it was proper they should denounce it.

But Thompson and Routt made but few proselytes among the Clay county Confederates in arms. They not only refused to desert their new colors, but cursed them for " getting them into the scrape," and then getting out of the scrape themselves in the easiest but most dis- creditable way.

Now it is perhaps only the truth to say that it was Col. Penick's dictation and counsel - and it may have been his orders - that brought about these meetings and the speeches and acts of Thompson and Routt. He advised the people to a course of submission, and granted favors to those who obeyed him for a time. But after a brief season he lost nearly all of the advantages he had gained on account of the lawless conduct of his men. People learned to hate the Union cause because they somehow considered " Penick's thieves" its exponents.

ORGANIZATION OF THE ENROLLED MISSOURI MILITIA.

On the 22d of July, 1862, whan Cols. Jo. Porter and J. A. Poin- dexter were leading large forces of newly recruited Confederates through North and Northeast Missouri, and Cols. John T. Hughes, John T. Coffee, Vard Cockerell, Joe Shelby and other Confederate officers were slashing about through Jackson, Johnson, Lafayette and Saline counties, and the Federal forces in the State seemed pow- erless to interfere with them - Gov. Gamble issued an order for the organization " of the entire militia of the State into companies, regi-

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ments and brigades," for the purpose of " putting down all such ma- rauders, and defending the peaceable citizens of the State."

This order of Gov. Gamble's had a most wonderful effect in creat- ing soldiers. It threw into partially active and irregular service on the Federal side many thousands of men, and it drove into the Con- federate army nearly 10,000 other men who had from the first vowed that if they were forced to take up arms they would enlist under the banner of the stars and bars.

In Clay county the conservative Union men, chiefly under the lead- ership of Col. J. H. Moss, decided to obey the order at once, and organize the militia of this county under the auspices of the Conser- vative Union party, to protect the county against all " marauders," whether guerrillas and bushwhackers from Missouri or jayhawkers and red-legs from Kansas.

In the latter part of July three companies of enrolled militia were organized at Liberty. The first company had for officers, Anthony' Harsell,1 captain ; T. N. O'Bryant and R. W. Flemming, lieutenants ; second company, J. H. Moss, captain ; Wm. A. McCarty, C. J. White, lieutenants ; third company, W. G. Garth, captain ; Arch. Lincoln, J. S. Thomason, lieutenants. A fourth company, organized for the defense of Liberty, and composed of " exempts," had O. P. Moss for captain, and A. J. Calhoun and Wm. T. Reynolds for lieu- tenants. The companies averaged 80 men each.

The companies of enrolled militia in Clay and Platte were organized in September into a regiment denominated the Forty-eighth Regi- ment of Enrolled Missouri Militia. Of the field officers of this regi- ment the following were from Clay county : James H. Moss, colonel ; C. J. White, adjutant; W. T. Reynolds, quartermaster ; W. A. Morton, surgeon. The following were the Clay county com- panies in the Forty-eighth.

Company D- Captain, Anthony Harsel ; first lieutenant, T. N. O'Bryant, resigned January 8, 1863, succeeded by Benj. Jaggers, second lieutenant, R. W. Flemming.

Company E- Captains, J. H. Moss, promoted to colonel ; Wm. A. McCarty, resigned February 11, 1863; A. W. Tracey. First lieutenants, W. A. McCarty, promoted to captain ; W. S. Garvey, resigned December 7, 1862; A. W. Tracey, promoted to captain February 14, 1863 ; John W. Younger. Second lieutenants, C. J.

1 The night after Capt. Harsell entered the service, the Confederates burned his house, with nearly all its contents.

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White, promoted to adjutant ; James D. Baxter, resigned April 17, 1863 ; John Collier.

Company F-Captain, Wm. G. Garth. First lieutenants, Archi- bald Lincoln, resigned November 11, 1862; John S. Thomason. Second lieutenants, John S. Thomason, promoted to first lieutenant ; Thomas J. Bowman.

Company H- Captains, John R. Green, promoted to major Sep- tember 29, 1862; Solomon G. Bigelow. First lieutenants, Sol. G. Bigelow, promoted to captain ; J. S. McCord. Second lieutenants, J. S. McCord, promoted to first lieutenant October 18, 1862 ; Taylor Hulin.

Company K - Captain, Darius Sessions, killed by the bushwhackers at Missouri City, May 19, 1863. First lieutenants, Ben. R. Everts; resigned January 2, 1863; Wm. T. Davis. Second lieutenant, De Wilton Mosely.

In consequence of the extraordinary reduction in numbers of this regiment by removals from the State, payment of commutation tax in lieu of military service, volunteering in the United States' service, etc., this regiment was disbanded November 1, 1863, and the com- missions of officers, with the exception of Col. Moss, were revoked. Col. Moss was retained in commission, and instructed to reorganize the effective militia of Clay, Platte and Clinton counties. He was afterward made colonel of the Eighty-second Enrolled Missouri, one of the regiments of the " Paw-Paw" militia, fully mentioned elsewhere in this volume.

MISCELLANEOUS.

For a time Maj. M. L. James, of Catherwood's regiment, was in command at Liberty. He it was who had commanded the Caldwell county Home Guards in the Blue Mills fight. Drunkenness became so common among the soldiers, and was of such aggravated form that the major issued strict orders in May, that no more spirituous liquors were to be sold to his men, and the severest penalties were threatened against all offenders.

One incident regarding the estimation in which slavery was held in certain Federal sections ought to be mentioned, as a fact for one reason, as a curiosity for another. In the month of May, of this year 1862, four runaway Missouri slaves, the property of Mrs. Sarah Davis, were arrested near Topeka, Kan., and returned to their owner mainly by the assistance of the Federal military authorities. They were brought to Liberty and put in the county jail for safe keeping, taken in

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charge by the sheriff, and so on, all the same as before the war. But the rule was, even before as well as during the war, that when a slave escaped from Missouri to Kansas he was practically as free as if he had his deed of emancipation in his pocket.

During the first part of the month of August a number of stirring military incidents occurred in the adjoining counties. At Independ- ence August 11, and at Lone Jack five days later, occurred two im- . portant and memorable conflicts between the Federals and Confederates, in both of which the Federals were defeated, though after stubborn fighting. For the numbers engaged the battle of Lone Jack was one of the hardest ever fought in Missouri, or perhaps any- where, during the Civil War.

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Author: Publication date: 1885 Publisher: St. Louis : National Historical Co. Number of Pages: 1156

Author:
Publication date: 1885
Publisher: St. Louis : National Historical Co.
Number of Pages: 1156