USA > Missouri > Livingston County > Past and present of Livingston County, Missouri : a record of settlement, organization, progress and achievement, Volume I > Part 8
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THE QUESTION OF EMANCIPATION
President Lincoln's Emancipation Proclamation brought forth a bitter quarrel between the radicals and conservatives in the spring of 1863. The war democrats and conservatives did not favor immediate abolition of slavery in Missouri, but rather endorsed the ordinance adopted July Ist, in state con- vention, giving the blacks over forty years of age and minors under a certain age their freedom after July 4, 1870. This ordinance, however, met with disfavor with confederate sym- pathizers and radicals. These differences engendered a most bitter quarrel, not only in Livingston county, but throughout the state. The radical leaders were active and the Constitu- tion newspaper, the faction's organ, was severe in its denuncia- tion of "copperheads," and its editor, Howard S. Harbaugh, was a strong abolitionist. Rev. T. B. Bratton, of the Meth- odist Episcopal church, was another strong radical. In pub- lic speeches and meetings these two had used strong language in denouncing the authorities for their policy of conservatism, and about the 10th of July, Gen. Odon Guitar, in command
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of this district, ordered their arrest on a charge of "seditious and revolutionary conduct," and they were taken into custody at Chillicothe, where Captain T. B. Reed, of Guitar's old regi- ment, the Ninth Missouri State Militia, was provost marshal. A writ of habeas corpus was sued out for their deliverance be- fore Judge McFerran, but the military refused to respect it and the prisoners were kept in confinement and ordered to be sent to St. Louis for trial.
The radicals of the county were greatly excited over the arrest of Bratton and Harbaugh, and denounced it as a fla- grant outrage, etc. Bratton was at the time presiding elder of his church in this district. A large number of the Union ladies of the county were members of a semi-political organization called the Union Ladies' Encampment. A committee of ladies from the Harper Union Ladies' Encampment of Utica, carrying the national flag and wearing red-white-and-blue sashes, came over to Chillicothe, ostensibly to inquire what the charges were against Rev. Bratton and Mr. Harbaugh, but perhaps to make a demonstration that would result in their release. In a communication to the St. Louis Democrat the ladies gave the following account of their visit :
"We waited on Judge McFerran at the Harry House. The judge was introduced by Rev. Mr. Ellington, accom- panied by Colonel Hale. We informed him who we were; that we had waited on him to ascertain the charges against Mr. Bratton, who was our minister and 'grand worthy chief' of our encampment. The judge said we had a right to call for the charges; that he knew nothing of the cause of the arrest; that Captain Reed, of Guitar's regiment, had made the arrests without his knowledge, which was assented to by Colonel Hale; that he would bring Captain Reed, who could give us the desired information.
"The captain seemed much excited and angry; taking a piece of paper from his pocket he demanded the names of our officers, which we commenced giving. We told him we would give the names of all our members if desired-which numbered about two hundred and fifty; that our officers had been publicly installed on the Fourth of July at Utica. Has-
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tily putting up his paper he arose and said we had no right to come and demand any such information. He ordered us to roll up our flag, take off the red-white-and-blue sashes, and go home; said he would not give us any information about the arrests; that they were optional with him; then said they were in accordance with orders received from General Guitar; talked about our being revolutionary bodies; sup- posed we protected all manner of crime; asked if we did not know there was a law in Indiana breaking up all such organi- zations, etc.
"After making a great many similiar remarks, which we suppose he would not have done if he had not been excited, he told us he would have given the desired information if we had come without flag and colors. We then informed him we did not intend to roll up the flag or take off the colors; that he would have to do that himself if it was done, which he did not undertake. We then requested the privilege of seeing Elder Bratton, who was sent for, but he objected to sending for Mr. Harbaugh. Mr. Bratton advised us never to roll up our national flag. After all united in singing, 'Rally 'Round the Flag,' we withdrew."
After this demonstration the men were released without trial. What a revolution in the opinion of the people had taken place in two years. In 1861 only a score or more fav- ored the dissolution of slavery, while before the close of 1863 only a mere handful stood against the Union and emancipa- tion of the slaves. However, Colonel Hale and especially Judge James McFarren was held in ill favor by the radical faction. The judge was a conservative, but the bitter hatred against him was so violent that he at one time feared for his personal safety. Coming to Chillicothe at one time to hold court, he found the feeling against him so strong that he ad- journed the term of the circuit court to a later date, and it was about this time the citizens burned him in effigy.
According to "Williams' History" there were many disor- derly scenes. At a public meeting of the Union men held in what is now Elm Park in Chillicothe, both conservatives and radicals attended. Doctor Dewey, of Springhill, presided.
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Radical speeches were made by Rev. Bratton, Mr. Harring- ton, of St. Joseph, and Daniel Proctor, of Caldwell. Strong radical resolutions were adopted. Then the conservatives called for Colonel Hale, who responded in a speech defending Governor Gamble's administration, the State Convention Emancipation Ordinance, and the "law and order" policy of the conservatives generally. Mr. Roderick Matson, of Utica, then presented a set of conservative resolutions and moved their adoption. The conservatives cried out: "Good! Good! Let us vote them." The radicals called for "Harrington," and some cheered for Jim Lane. There was a great tumult, in the midst of which a squad of Colonel Hale's militia, armed and equipped, appeared, and Colonel Hale called out to the radi- cals : "If you don't keep quiet, I'll use force." The radicals subsided, and then Mr. Matson's resolutions were adopted. Each side accused the other of disturbing the meeting and try- ing to break it up.
Some factional strife also existed in the ranks of the sol- diery, including the Enrolled Militia and the Fourth Provi- sional Regiment, of which John B. Hale was in command, with R. F. Dunn and A. J. Swain as lieutenant colonels. Later John DeSha was appointed lieutenant commanding Company K. Colonel Hale made his headquarters in Chillicothe. There were three companies of the Fourth Regiment in the county, stationed and officered as follows: Company G, Captain John Field, at Utica; Company B, Captain Fortune, at Chillicothe; and Company K was sent to Springhill. The late William McIllwrath, a lieutenant of Company D, Ninth Missouri State Militia, Guitar's regiment, was detailed for provost marshal with headquarters in Chillicothe. Fortu- nately the location of the soldiers in different sections of the county, resulted in restoring quiet and order in the two factions.
THE CASE OF REV. J. E. GARDNER
Much dissatisfaction was expressed when the news of Lin- coln's election was received. This will be well understood
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when the official returns showed that the "railsplitter" had re- ceived but twenty votes in the county, while Bell received 578, Breckenridge, 470 and Douglas, 401. One of the twenty votes for Lincoln was cast by Rev. J. E. Gardner, a minister of the M. E. church who had been sent into the county by a previous church conference of that denomination and had located at Utica. The "Northern" Methodists, as they were termed in those days, were considered by a majority of the residents at that time as "undesirable citizens." Utica was then a town of considerable importance with a population of six hundred or over. The Baptists had the only church edifice in the town and here all religious denominations were permitted to wor- ship except those of the Gardner faith. Occasionally, how- ever, services were held in the schoolhouse. Rev. Gardner did not deny having voted for Lincoln and for this reason he was denounced, in the most bitter terms, as a "Black Abolition- ist"' and a "Northern Methodist." He was also accused of an attempt to influence the slaves at revolt and also of treating the blacks as his own equal. Some weeks after the election of Lincoln Rev. Gardner was presented with the following order to move out :
UTICA, Mo., December 20, 1860.
Mr. Gardner.
SIR :- At a meeting of the citizens of Livingston county, Missouri, it was unanimously resolved that notice be given you that your longer residence in our county is not desired by our citizens, and that you be required to leave this county within three days from this date.
(Signed.)
CHARLES COOPER.
G. W. McMILLEN.
ROBERT FRAZER.
J. F. FOOR.
GEORGE STONE.
A. J. AUSTIN.
JOHN N. STONE.
W. R. WOOD.
JOHN A. SCHMITT.
ALEX. MELLON.
WM. FRAZER, JR.
ISAAC W. GIBSON.
W. F. BRAMEL.
W. T. BRAMEL.
S. M. MAXEY.
B. P. WILEY.
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R. MATSON.
E. HISTED.
T. F. PREWITT.
J. C. LUKINS.
THOMAS HOLT.
H. W. BROUGHTON. HENRY L. TODD.
ALBERT MYERS.
P. D. SMITH.
JOSEPH REEDER.
T. T. DANNELL.
G. P. FOOR.
SAMUEL D. SHAFFER.
JOHN LOWE.
OLIVER WELLS.
C. BLACK.
R. W. TODD.
M. BLACK.
G. A. STONE, JR.
WM. FRAZER.
DAVID MARTIN.
A few days later another meeting was held to consider Mr. Gardner's case, he having protested against being driven away. The meeting was held in the schoolhouse and addressed by Mr. Black and Hon. A. J. Austin. A committee brought Mr. Gardner before the meeting, where the following written charges were presented against him:
"Charge 1. You are a preacher of the Methodist Epis- copal church, North, sent among us without our consent and supported by northern money, sent out by a religious denomi- nation, whose doctrine is to war upon the domestic institutions of the South.
"Charge 2. You are the only man in our community who voted for Lincoln, and you have publicly declared that you would glory in making yourself a martyr in the cause of aboli- tionism.
"Charge 3. You have had frequent interviews with the slaves of this county, and you invited a number of them to the country and gave them a dinner, after preaching, as your equals."
To these charges Mr. Gardner replied :
"I. I am not a preacher of the Methodist Episcopal church, North, as there is no such church in existence. Nei- ther am I supported by northern money, but by the people to whom I am sent to preach. Our doctrine is not to war upon the domestic institutions of the state, for in our book of dis-
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cipline we acknowledge ourselves obedient to the laws of the land.
"2. I did vote for Mr. Lincoln, but did not, either pub- licly or privately, declare that I would glory in making myself a martyr to the cause of abolitionism.
"3. I never had an interview with slaves, or gave them a dinner, making them my equals. I therefore challenge the proof, as the onus probandi rests on you; and until you bring that I stand with the law to defend me.
"J. E. GARDNER."
Gardner then retired and in a short time a committee of two waited on him and presented him the following, in writ- ing, as the action of the meeting :
"SATURDAY, December 22, 1860.
"The committee, on due deliberation, passed the following resolution unanimously: That Mr. Gardner be notified, for the welfare of this community, to leave the county three days from and after Monday next, which time will expire on Wednesday next at 6 o'clock P. M.
"WM. E. MEAD, "Secretary."
According to previous history on this unfortunate affair, many of the citizens wholly disapproved the action of the law- less element. The same night a meeting of the conservative men of the town was held. The proceedings of the would-be regulators were denounced, and even Mr. Austin, the repre- sentative-elect, was censured for having countenanced and ad- vised them. An organization of "law and order" was effected. A constitution was drawn up, signed by many, declaring a de- termination to "discountenance and put down mob violence, and persist in the maintenance of the laws of the state, as the only hope for the protection of the civil citizens." This or- ganization took Mr. Gardner's case in hand, and a compro- mise was at last effected, whereby he was given ten days in which to leave.
.
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HISTORY OF LIVINGSTON COUNTY
Meantime the minister's wife, Mrs. Amanda Gardner, was furnishing the organ of the Methodist Episcopal church, the Central Christian Advocate, with communications descrip- tive of the situation at Utica. Her letters were published and copied into other journals, and, of course, commented on throughout the north. Of the mobbing of Mr. Gardner, after the compromise referred to, and of the preceding circum- stances she gives the following account :
"The settlement had been made on condition that we were to leave in ten days; but this compromise was not made known to us, and therefore we were unprepared to meet it. We had just returned from holding watch meeting, where we entered upon the year 1861 with new resolutions to live for God and the interests of the church.
"Thursday, January 3d, we were preparing to start on the next day to another protracted meeting, which was to be held seven miles from Utica. Mr. Gardner was butchering, and I was engaged with my housework, when one of our friends hastened to inform us that the mob was then collected and would be upon us in five minutes. We could scarcely credit the report; but he had hardly got out of our sight when from my window I saw the rabble coming. They were armed with rifles, shotguns, revolvers and knives. I called to Mr. Gard- ner; he hastened into the house, bolted the door and chose a position where he could defend himself and family.
"They surrounded the house, some rushing to the doors and others to the windows. Jack Stone (constable) rapped at the door. I asked 'Who is there?' He answered, 'A friend,' and said that he wished to speak with Mr. Gardner. I told him they could not see him until they came in a different man- ner, and asked, as a favor, that they would withdraw and not disturb our peace. At this they shouted like demons. Some cried, 'Burst the door!' Others, 'Break in the windows!' One Cooper gave ten minutes by his watch for Mr. Gardner to promise to leave the country within twenty-four hours, or have the house burned down over our heads, and ordered a bunch of hay brought to kindle the fire.
"They declared they had given us ten days to leave the
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county, and the time was up, and now they were determined that Mr. Gardner should give them a pledge to that effect, or they would hang him. I endeavored to reason with them from my window, and told them that according to their own ar- rangement they were one day before their time, which would not expire until Friday, January 4th, at 6 o'clock P. M. and that we intended going to the country at that time, as Mr. Gardner had an appointment and the friends would be in for us ; but I only received curses in reply. They appeared, how- ever, to be somewhat confused, some declaring that they were before their time, while others thought not. At length they agreed to leave, and gave us until noon the next day for our exit, declaring that if we were not gone at that time they would accept no compromise.
"When they had gone Mr. Gardner proceeded to finish his work, and we thought we would get out of the place as soon as possible, as it was anything but desirable to live in such a state of things.
"In the afternoon Mr. Gardner had business in town which he could not well put off. On stepping into a store he was asked in reference to the truth of the matter, when a conversa- tion arose respecting the unlawfulness of such a course. There was present a Mr. Austin, who slipped out unnoticed by Mr. Gardner, and informed the rabble where he was. Ere he was aware, he was surrounded by the mob, insulted and abused, and preparations immediately made to take him.
"Mr. Gardner, seeing no chance to defend himself, en- deavored to get home by going out of the store through the back way, but no sooner was he out than he was surrounded on all sides by the mob, who came upon him with drawn re- volvers. He was violently seized, a 'Lincoln rail' was ordered, upon which they forced him, and proceeded to rail-ride him. Tumultuous shouts of 'North Preacher,' 'Lincolnite,' 'Nigger Thief,' etc., were raised. While some were clamorous for 'tar and feathers,' others shouted for a rope!
"Thus was a minister of the gospel insulted and abused in a land of bibles and Christian institutions! Mr. Gardner let no opportunity slip, but as they carried him through the streets
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HISTORY OF LIVINGSTON COUNTY
he exhorted the rabble and those who thronged about him to flee the wrath to come. Above the clamor of the mob was heard his voice as he held up the cross of Christ and his suffer- ings for a world of sinners, and that his servants should not be ashamed to suffer reproach for his name's sake. After he had finished his exortation he sang :
'Children of the Heavenly King, As we journey let us sing,' etc.
(A strange spectacle, truly. A minister of the gospel being ridden on a rail and exclaiming, 'As we journey, let us sing!')
"Some tried to mock. One by the name of Schaffer swore he would 'make him shut his mouth,' at the same time strik- ing him on the shoulder-blade with a large ball of ice, crip- pling him for the time being. They shortly called a halt and let Mr. Gardner down to consider what further measures to take.
"By this time I had got our little Allie (who was taken sick that morning) in the care of a lady friend, and made my way through the snow, which was eight inches deep, to where they had him in custody. I walked into their midst and demanded the deliverance of my husband, informing them that I would die with him or have him released. Through the interposition of Mr. John Harper and Mr. Wm. Wells, Mr. Gardner was permitted to go home, accompanied by them, who advised us to leave as soon as possible, as we would not be safe. We as- sured them we would go if possible-not because it was just, but as the only hope of saving our lives. They told us that un- less they could take a pledge to that effect to the mob we would not be safe until morning; we gave it and were then left to ourselves.
"Friday, January 4th, we were taken to the county by Bro- ther P. Rudolph, where we were kindly treated. We have been received into the house of Brother and Sister Dalton, and have once more got through with the labors of another move. While I write for the Central, under the excitement of the occasion, I have also a sick child on my hands. Mr. Gardner
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commenced suit in Chillicothe against the leaders of the mob, but a mob was raised there and compelled 'Squire Hughes, before whom the case was to be tried, to burn the papers. So, it is evident that there is no law, either in Utica or Chillicothe, to protect persons belonging to the M. E. church.
"AMANDA GARDNER.
"UTICA, Mo., January 15, 1861."
THE DRAKE CONSTITUTION
Almost a half of a century ago there was a memorable campaign waged by the democrats and liberal republicans. It was the result of the test oath prescribed by the so-called Drake Constitution of Missouri which was adopted in state conven- tion on the 18th day of April, 1866, by a vote of thirty-eight to fourteen and which was to be presented to the voters for adop- tion on the 6th of June following. The campaign resulted in much bitterness. Although the war was practically over there yet remained remnants of bushwhacker organizations and the presence of these furnished cause for keeping bands of the regular volunteer militia in the field to preserve peace.
General Blair made a state-wide canvass and denounced the new constitution as unconstitutional, ex post facto and void with the Constitution of the United States, and scoring in bit- ter terms the extreme radicals of the state for the enactment of a measure that disfranchised some sixty thousand citizens. The excitement ran high throughout the state, and in some places attempts were made to break up the meetings of the people. At Louisiana, Missouri, open violence was threat- ened. General Blair, on taking the platform there first laid a brace of pistols before him and remarked that he understood there was to be some killing there that day, and that before commencing his speech he proposed to take a hand in it him- self. There was no killing, and his speech proceeded without interruption.
General Blair's speech at Chillicothe was quite fully re- ported at the time for publication in the Missouri Republican. He began by remarking that "vital issues were involved as
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HISTORY OF LIVINGSTON COUNTY
well as principles never before questioned since our first revo- lution, especially the right of free speech, as guaranteed by the American Constitution."
That "the efforts of the radical party in this state to stifle by violence a free and full exercise of the constitutional priv- ilege of free speech was anti-republican, revolutionary and de- signed to perpetuate in power the hands of the radical party in this state."
Hundreds of honest old citizens were disfranchised by the third section and denied the ballot in the decision of this great issue before the people, the issue being the adoption or rejection of an organic law which was to govern them and their children after them, generation after generation. On the part of the radicals it was alleged that had the Confeder- ate armies been successful the law would become reactionary and no Union soldier or militiaman would be allowed a vote and if the threat made by General Price in the early sixties was put into execution the $250,000,000 worth of property belonging to the Federals of the state would be confiscated for the benefit of the loyal Confederates. In the whole state only 85,478 votes were polled at the election as follows: For the new constitution, 43,670; against, 41,808; majority for the new constitution, 1,862. Then on the 4th day of July fol- lowing, the new constitution went into effect. The vote in Livingston county was 431 for and 155 against its adoption. Outside of Chillicothe only 36 votes were cast against it as follows: Chillicothe, 119; Springhill, 9; Grand River, 8; Mooresville, 7; Monroe, 5; Cream Ridge, 3; Blue Mound, 3; Greene, I. The third section of the new constitution was as follows :
"At any election held by the people under this constitu- tion, or in pursuance of any law of this State, or any ordinance or by-law of any municipal corporation, no person shall be deemed a qualified voter who has ever been in armed hostil- ity to the United States, or to the lawful authorities thereof, or to the government of this state; or has ever given aid, com- fort, countenance or support to persons engaged in any such hostility ; or has ever, in any manner, adhered to the enemies,
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foreign or domestic, of the United States, either by contrib- uting to them, or by unlawfully sending within their lines money, goods, letters, or information; or has ever disloyally held communication with such enemies, or has ever advised or aided any person to enter the service of such enemies ; or has ever, by act or word, manifested his adherence to the course of such enemies, or his desire for the triumph over the armies of the United States, or his sympathy with those engaged in exciting or carrying on rebellion against the United States; or has ever, except under overpowering compulsion, sub- mitted to the authority, or been in the service of the so-called 'Confederate States of America;' or has ever left this state, and gone within the lines of the armies of the so-called 'Con- federate States of America' with the purpose of adhering to said states or armies, or has ever been a member of, or con- nected with, any order, society or organization inimical to the government of the United States, or to the government of this state ; or has ever been engaged in guerilla warfare against loyal inhabitants of the United States, or in that description of marauding known as 'bushwhacking;' or has ever know- ingly or willingly harbored, aided or countenanced any per- sons so engaged; or has ever come into, or has ever left this state for the purpose of avoiding enrollment for, or draft into, the military service of the United States; or has ever, with a view to avoid enrollment in the militia of this state, or to es- cape the performance of duty therein, or for any other pur- pose, enrolled himself, or authorized himself to be enrolled, by or before any officer as 'disloyal' or as a 'southern sympa- thizer,' or in any other terms indicated his dissatisfaction to the Government of the United States in its contest with the rebel- lion, or his sympathy with those engaged in such rebellion; or ever having voted at any election by the people of this state, or in any other of the United States, or in any of their territories ; or held office in this state or any other of the United States, or any of their territories; or under the United States shall hereafter have sought or received, under any claim of alienage, the protection of any foreign government, through any consul or other officer thereof, in order to secure exemption from
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