USA > Ohio > Hamilton County > Cincinnati > Centennial history of Cincinnati and representative citizens, Vol. I, Pt. 2 > Part 57
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AND REPRESENTATIVE CITIZENS
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of the government in its efforts to suppress an unlawful rebellion and sentenced him to close confinement during the war. General Burnside naturally approved the sentence and designated Fort Warren in Boston Harbor as the prison. The President commuted the sentence to banish- ment and ordered Vallandigham sent beyond the military lines into the Southern Confederacy. lle was escorted from Cincinnati in charge of Captain Murray and a squad of the 13th United States (regular ) Infantry and was finally turned over to the representatives of the South. It is said that while in Cincinnati he had an inter- view with General Rosecrans which lasted about four hours. Rosecrans took to lecturing and told him if he were not to protect him with a guard the soldiers would tear him to pieces. Vallan- digham thereupon made him an offer to appear before the soldiers for the purpose of vindicat- ing himself with the guarantee that before he . had finished the soldiers would be more willing to tear their general to pieces than Valiandigham himself. Burnside had too great a regard for the life of his prisoner to accept this offer.
Vallandigham, after he had been received by General Bragg at Shelbyville, remained in the South for a short time but finally went to Canada where he arrived in July. The Democratic con- vention of Ohio which met at Columbus in June had nominated him by acclamation for Governor and passed resolutions condemning his banish- ment as a violation of the constitution. A com- mittee was appointed to go to Washington to intercede for his release. This committee largely composed of ex-Congressmen embraced in its numbers some of the most distinguished men in the State but their mission to President Lincoln was unsuccessful.
The better opinion of the present day con- demns the conduct of Burnside and the military commission and the decision of Judge Leavitt. Subsequent decisions of the Supreme Court leave no ground for Burnside and his court to stand . upon. The courts of the United States were regularly open for the transaction of business in the Southern District of Ohio and it was not a time when there was any excuse for such high- handed procedure. In the language of the latest and ablest historian of this period, "it follows un- questionably that the military commission which tried and sentenced Vallandigham had not a ves- tige of legal standing. The commutation of the President was likewise vitiated in law." (4 Rhodes, 250.)
It seems probable that Lincoln really disap-
proved of Burnside's action but felt obliged to support him after he went so far. There can be no question, however, that despite the criticism of many of the ablest men in the country, both at the time of this proceeding and afterwards, public sentiment of the State and of the North, in the main, supported the proceedings.
A curious illustration of this is shown by the removal of Major McLean, at that time adjutant- general at the Cincinnati headquarters. During the Vallandigham campaign, some of the local politicians endeavored to obtain an expression of opinion from McLean but he being an officer of the regular army felt that it was undignified for him to make any comment on the matter. This was taken as indicating sympathy with Val- landigham and a highly colored account was sent to the War Department charging him with dis- loyalty. As a result he was removed to the Pa- cific Coast and succeeded by Capt. William P. Anderson, a nephew of Maj. Robert Anderson of Fort Sumter fame. Captain Anderson was a member of a family which rendered distinguished service during the war and afterwards became distinguished in civil life. Col. Charles Ander- son, a brother of the Major, was colonel of the 93rd Ohio Infantry and was elected Lieutenant- Governor on the ticket with Brough in the cam- paign of 1863. He became Governor by thic death of Brough in 1865. Col. Latham Ander- son, his son, was a West Point graduate, captain of the Fifth United States Infantry and colonel of the Eighth California Infantry. He was many years later city civil engineer in Cincinnati. An- other brother of the Major, Larz Anderson, sent five sons to the war. Nicholas Longworth An- derson left the service as brevet-major-general. Ile was wounded at Stone River and Chicka- mauga. William Pope Anderson attained the position of assistant adjutant-general with the rank of captain. Ile was wounded at Shilohi. Edward Lowell Anderson was captain in the 52nd Ohio Infantry. He was wounded at Jones- boro. Frederick Pope Anderson was ist lien- tenant in the 18ist Ohio Infantry while Larz Anderson, Jr., although but a boy, served with- out commission as volunteer aid-de-camp on the staff of Brig .- Gen. N. C. McLean, who was pro- vost-marshal-general in Cincinnati in 1863 and afterwards served in Kentucky. Another brother of Maj. Robert Anderson, William Marshall An- derson, sent two sons to the war: Thomas Mc- Arthur Anderson, now brigadier-general U. S. A. (retired). and Capt. Henry Reuben Ander- son. (Cos' Reminiscences, Vol. II, p. 44.)
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George E. Pugh, who was nominated for Lieu- tenant-Governor on the ticket with Vallandig- ham, was one of the greatest orators the State of Ohio had ever produced and John Brough, who headed the Republican ticket, was also a great popular orator, formerly a Democrat, and at one time one of the editors of the Cincinnati Enquirer. Vallandigham himself threatened to return to Ohio to take part in the canvass but General Cox, then in charge of the district, made known that if he did so he would send him to Fort Warren for imprisonment. As a result Pugh led the Democratic forces in a campaign which for rancor and bitterness had never been paralleled in the country. The great political meetings 'of 18.40 were completely overshadowed by those of 1863 and the General Order No. 38 was discussed pro and con with great bitterness. In some parts of the State many processions in- cluded a thousand men and half as many women on horseback escorted wagon-loads of young girls. Business was for a time suspended in different parts of the State. The relations be- tween the people and the soldiers were quite strained and the latter were kept under arms at their barracks and no leaves of absence given. . Despite the bitterness of the campaign in Cin- cinnati, the election is said to have been one of the most quiet and most orderly ever known. Al- though Vallandigham polled the largest number of votes ever polled in this State up to that time by any member of his party, he was defeated by a majority of more than 100,000.
The news of the victory at Vicksburg follow- ing closely the news from Gettysburg carried the city of Cincinnati to the height of enthusiasm. General Cox tells us of the manner of its an- nouncement. An excellent operatic company was giving "I Puritani" at Pike's Opera House at which all Cincinnati was present on the evening of July 7th. In one of the boxes were General Burnside and his wife with General Cox and his wife as their guests. At the close of the second. act. in which Susini the great basso of the day had created a furore, a messenger entered the box where the General was surrounded by his officers and handed him a despatch announcing the victory of Vicksburg and the surrender of Pemberton's army. Burnside was so overjoyed at the great news that he stepped to the front of the box to announce it to the audience. He was seen standing with the paper in his hands, the cheers of applause were stopped and his voice rang out proclaiming the great victory and declaring it a long stride toward the restoration
of the Union. The people went almost wild with excitement. The men shouted hurrah, the ladies waved their handkerchiefs and clapped their hands, all rising to their feet. Cheering was long as well as loud and before it subsided the excitement reached behind the stage. The cur- tain rose again and Susini came forward with a national flag in each hand waving them en- thusiastically, while his magnificent voice re- sounded in a repetition of the song he had just sung (the Trumpet Song), which seemed as appropriate as if it were inspired for the occa- sion. "The rejoicing and the cheers were re- peated to the echo and when at last they sub- sided, the rest of the opera was only half listened to, suppressed excitement filling every heart and the thought of the great results to flow from the victories absorbing every mind." (Cox' Remin- iscences, Vol. I, p. 510.)
MORGAN'S RAID OF 1863.
The next serions fright was that occasioned by the raid of John Morgan in the summer of 1863. This dashing, commander with less than 2,000 soldiers crossed the entire State from west to cast pursued by many times his number. At this time General Burnside was at Cincinnati en- deavoring to collect a force for service in East- ern Tennessee. Rosecrans was at Stone River and the communications between the two ran through Kentucky.
Jolin Morgan without awaiting the approval of his superior officer General Bragg, which he knew he could not get, determined to cross the border into Indiana and Ohio for the purpose of delaying the reinforcements sought by Rose- crans. On the 8th of July, 1863, Morgan crossed the Ohio River into Ohio at Brandenburg some 60 miles below Louisville, giving the impression that he intended to penetrate to the heart of In- diana and burn the city of Indianapolis. He actually marched with the utmost rapidity to- wards Cincinnati. The rapidity of his advance was beyond that of any movement of similar character during the war. Ile marched 21 hours out of 24 and never made less than 50 or 60 miles a day. The news of his advance had at first made but little impression in the North, but after he crossed into Indiana the excitement arose to fever heat. Morgan burned bridges and cut wires in every direction so that accurate news of his movements was as hard to obtain, as the purpose of the movement was difficult to under- stand. The authorities of the North seemed nt- terly incapable of coping with the situation. Mar-
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tial law was proclaimed in Indiana but at first Ohio contented itself with the belief that the pursuers would drive Morgan into the river be- fore he reached this State. By July 12th it became clear that Morgan had no intention of crossing the river before he reached Ohio and . the suggestion that he was designing a sudden dash into the city received general eredence. General Burnside proclaimed martial law, the mayor suspended business and directed the citi- zens to assemble in the respective wards for de-
fense and navigation was stopped. Governor Tod called into active service the militia of the southern counties, directing those about Cincin- nati to report to General Burnside in this city and others to report to Camp Dennison, Camp Chase and Camp Marietta. Even as late as the morning of the 13th the people of Cincinnati were unable to believe that Morgan could pos- sibly come near to this city and thousands of them refused to obey the orders to close their stores. Morgan entered the State of Ohio at one o'clock on July 13th at the village of Har- rison in the northwestern part of Hamilton Coun- ty. Much criticism has been expended on Gen- cral Burnside for his conduct at this time. As is known, he had a sufficient force to stop Mor- gan at this point and Morgan himself expected that here would be the critical point of his ex- pedition. He felt that the officer in command at Cincinnati would undoubtedly attack him as soon as he crossed the Cincinnati, Hamilton & Dayton Railway and therefore took great precautions to mislead his enemy as to his intentions. He sent out detachments in different directions and sought to give the impression that he was going to llamilton. His whole effort, however, was to get around Cincinnati with as little opposition as possible. In the city itself General Cox, under General Burnside's direction, divided the city and county into military districts. Mill Creek township militia were ordered to report to Gen. J. H. Bates in the city ; those from Delphi, Storrs and Green to Maj. Peter Zinn at Delhi; those from Anderson, Columbia and Spencer to James Peal at Pleasant Ridge; Sycamore and Symmes to C. Constable at Montgomery ; Springfield and Colerain to Henry Gulick at Bevis; and Crosby Harrison, Miami and Whitewater to W. F. Converse at Harrison. In the city itself the First, Third, Fourth and 17th wards were placed under command of Brig .- Gen. S. G. Stur- gis with headquarters at the Broadway Hotel; the Second, Fifth. Sixth and 14th under that of Maj. Malcohn McDowell at the Burnet House ;
the Seventh, Ninth, 10th and IIth under Brig .- Gen. Jacob Aminen at the Orphan Asylum and the Eighth, 12th, 15th and 16th wards under Col. Granville Moody at Finley Chapel ( Methodist Episcopal) on Clinton street near Cutter street. The independent volunteer companies were di- rected to report to Col. Stanley Matthews at the Walnut Street House. All of this prepara- tion was made for the purpose of driving Mor- gan in the direction he most wanted to go, that is around Cincinnati instead of through it. Gen- eral Burnside was determined not to fight a bat- tle in the suburbs of the great city as he felt that such an action would result in great destruction of property and unnecessary suffering. His special care was to induce the enemy to pass to the eastward with as little damage as possible to the populous and wealthy suburbs of Cincin- nati. As Morgan had no desire to raid the city and was particularly anxious to get away from the place where he knew his force would be overwhelmed, the plans of both generals suc- cecded. The bulletins published in the city dur- ing the day indicated the uncertainty felt by the citizens. First it was announced at General Burnside's headquarters that 500 of Morgan's men had crossed the river at Miami town and had attacked the pickets, killing or capturing one of them. The main force was said to be cross- ing the river. Morgan was moving up to attack our advance. At one o'clock in the morning a courier arrived reporting that Morgan with 2,500 men and six pieces of artillery had crossed the Colerain pike at Bevis at dark going towards New Burlington or in the direction of Spring- dale. Half an hour later a despatch from Jones' station gave the information that the enemy were encamped between Venice and New Burlington. At two o'clock in the morning a detachment of the enemy was coming in towards Glendale to destroy a bridge over the Cincinnati, Hamilton & Dayton road. At the same time a despatch re- ported that the main force was going cast but that he might turn and come down to the city on some of the roads through Walnut Hills and Mount Auburn. As a matter of fact, Morgan was straining every nerve to get past the city. He crossed through Glendale and over all the principal suburban roads to the Little Miami Railroad which the raiders crossed the following morning without opposition. Here they halted in sight of Camp Dennison to feed their horses but shortly resumed their march and by four o'clock in the morning reached Williamsburg. 28 miles cast of Cincinnati, having marched 00
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miles in 35 hours. When the militia began to gather, the news came that Morgan was a day's march beyond the city and all danger at least as far as Cincinnati was concerned had passed. There was but little destruction of property in the county, except the burning of a bridge over the Little Miami at New Burlington. Morgan had exchanged his tired out horses for the fresh ones of the farmers, giving the poor animals suf- ficient time to rest up to be once more appro- propriated by the Union force under Hobson that was flying fast on Morgan's trail. The men of course did a good deal of pillaging but this was of no more serious character than had ac- companied the marches of Northen troops through the South. Calico seemed a favorite article of appropriation. A bolt would be tied to the saddle of the trooper and frequently would become disengaged and unrolled, resulting in yards of streaming colored fabric floating in the breeze behind the flying squadron. One man carried a bird cage containing three canaries for two days; another had a chafing dish and another, even in that hot season anticipating the change of the weather, had seven pairs of skates slung around his neck. In fact many of the per- formances seemed childish although no more so than some of those of the Northern pursuers. Near Batavia for instance one militia company halted and cut down the trees in order to prevent Morgan from coming backwards over the route he had just traveled. However the pursuit was kept up with great vigor and over 50,000 Ohio militia were soon on the trail of this reckless rough-rider. Morgan had succeeded in stirring up the State far beyond his most sanguine ex- pectations. His particular desire now was to escape from the trap he had set for himself. He was overtaken at Buffington Island in the Ohio River beyond Pomeroy and here a large part of his force was captured. Morgan himself with 1,200 men escaped for the time Twenty miles above Buffington, 300 of his command got across the river. On the 26th after a long chase Mor- gan was captured near Salineville in Colum- biana County, almost at the most northerly point of the State touched by the Ohio River. Mor- gan and some of his officers were confined in the Ohio Penitentiary from which they escaped on the night of November 27th. He quietly took the Little Miami train for Cincinnati, leaped from it just before it reached the city and made his way across the river to his friends. The troopers captured at Buffington Island were sent down the river to Cincinnati; the privates were sent
straight to Indianapolis, and the officers about 70 in number were landed at the foot of Main street from the steamer "Starlight" and marched up the street to the city prison. The populace treated them with great disrespect as they regard- ed them as horse thieves and guerillas. This is said to have been the only case where Southern prisoners received such treatment. The sad sequel to the fight at Buffington Island was the burial at Cincinnati with military rites of Maj. Daniel MeCook who had been killed in that battle. He was the father of Maj .- Gen. Robert L., Maj .- Gen. Alexander. M., Maj .- Gen. Edwin Stanton, Brig .- Gen. Daniel, Col. John J., and Private Charles Morris MeCook. Nine of this family were in the service of the United States during the War of the Rebellion; the 10th, Midshipman J. James McCook, died in the naval service be- fore the Rebellion. The father Daniel and the sons Latimer, Robert, Alexander, Daniel, Edwin and Charles lie buried at Spring Grove' Ceme- tery. (For an extended account of Morgan's raid see Reid's Ohio in the War.)
Cincinnati was not again subject to any special alarm during the war. Naturally the breach in her business relations with the South, for so long a time the principal source of business, af- fected her development. She became the prin- cipal city in the West, however, in handling army supplies and manufacturing army stores and to a certain extent this influence compensated her for the loss of business referred to. Unfortu- nately this was not a real business growth and although many shops were busied during the war in turning out army wagons, ambulances, har- ness. clothing and supplies of a !! sorts and a large unmber of people were occupied in the transporta- tion of these goods as well as horses and mules by the thousands, the end of the war brought an end to this activity. During its continuance the character of the business carried on in the city gave it the appearance of a military encamp- ment. It was the principal point through which passed the soldiers on their way to the field of battle and on their return, shattered by the wounds and exposure. Recruiting officers be- came familiar sights and the noise of fife and drum was very familiar to the citizens. It has been stated that as early as September 1, 1862. the city furnished 14,795 volunteer soldiers to the armies of the North. She responded throughout the war to every call and at no time was compelled to resort to the draft, although on several occasions rumors spread through the city that this expedient was about to be adopted.
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One-third of her citizens liable to military duties were in the service.
CONTROVERSY BETWEEN COURT AND MILITARY.
A controversy arose in 1863 between the civil and military authorities that for a time threat- ened a serious conflict but fortunately it passed away with no disagreeable consequences. The War Department had issued instructions based upon the decision of the Supreme Court of the United States to the effect that officers of the army should pay no attention to writs of habeas corpus issued by courts other than those of the United States. The Probate judge of Hamilton County issued a writ to the officer in command at Kemper Barracks in the city, directing him to bring before the court a prisoner held as a de- serter from the army. The officer, following his instructions, answered in writing that the man was held by authority of the United States as a deserter and that without intending any dis- respect for the court it was impossible for him to deliver the prisoner to the officers of the State court. He attached to his answer his in- structions and the order of Major-General Burn- side promulgating the same. The Probate judge was also notified by counsel . that in case he followed other decisions made by him in similar cases, where he had held that such answers were not sufficient, the matter would be taken to the courts of last resort and that therefore there could be no occasion for any collision between himself and the military authorities. Thereupon the judge issued an attachment against the of- ficer and made Major-General Burnside a party to the record. Burnside filed an answer similar to that of liis subordinate. The court made no personal order as against the commanding gen- eral but directed the sheriff of the county to ar- rest the officer and bring him before the court: The sheriff went to the officer's quarters and was there informed that the military authorities would not permit him to execute his writ and he so made return to the court. The indignant judge peremptorily ordered him to execute the writ at all hazards. The prudent sheriff concluded that his best course would be to consult the military authorities before moving upon them in force. Hle therefore asked Major-General Cox at that time in command at Cincinnati as to what Cox would do if he should raise a posse comitatus in obedience to the writ. The General told him that the soldiers would use no aggression but that the judge might distinctly understand that the writ could only be executed by overpowering the United States troops in open fight and warned
him to consider well before they became overt traitors by levying war against the Federal gov- ernment. Ile stated that at the first overt act he would regard them as public enemies and would use the utmost rigor against them and after suppressing the disturbance he would ar- rest the judge and the sheriff and hand them over to the United States courts to be tried for treason. He suggested that the sheriff make a return that he could not serve the writ without levying open war against the United States. Needless to say, the writ was not executed and there was no war between the civil authorities of Ohio and the military forces of the United States. General Cox in commenting upon this affair regards the whole matter as an election trick as both judge and sheriff were candidates for reelection. (Cox' Reminiscences, Vol. II, P. 48.)
A CONFEDERATE SPY.
An incident of war that excited much atten- tion at the time was the trial at Cincinnati by court martial of a relative of the Confederate President on the charge of being a Confederate spy. In the year 1864 Lieut. Samuel B. Davis, a young officer about 24 years of age of great intelligence and prepossessing appearance, was sent by Jefferson Davis on a secret mission to Ohio. . Prior to his appearance in this State, he had served upon the staff of General Winder in charge of Andersonville Prison and as a result was known to some of the Union soldiers in prison there. Disguised in citizen's clothes with dyed hair and equipped with a British pass- port, under an assumed name he made his way from Richmond. Virginia, to Baltimore and thence to Columbus. The length of his stay at that point and his proceedings there never becatne fully known although enough developed to jus- tify the placing of a number of persons at that point under surveillance. From Columbus, Davis traveled on the cars to Detroit where he crossed to Windsor, Canada, to communicate with Jacob Thompson and other Confederates sojourning there remote from any point of danger. After remaining in Canada several weeks, he crossed over to Detroit and returned to Columbus. A few days later he took the cars for Baltimore on the way to Richmond. Fortune had indeed favored him up to this time and he was almost at the end of his perilous mission when at New- ark, Ohio, two private Union soldiers who had been prisoners at Andersonville recognized hin. They accosted him and for a moment he denied his identity but in a very short time he realized
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