USA > Pennsylvania > Columbia County > A history of Columbia County, Pennsylvania. From the earliest times. > Part 30
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Dodge: "That was a pretty bold proceeding by the Sheriff, to carry off our prisoners."
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Senator : "No law was broken and it was just. Besides, there was no escape."
Dodge: "They were in custody and it was the duty of the Sheriff to keep them in prison until called tor. You say you ad- vised this ?"
Senator: "Certainly I did ; the men had a right to vote. The Sheriff was not bound to take them or keep them in charge at all. His act in receiving them was voluntary and you have no jurisdic- tion over him."
Dodge: "His conduct was not respectful to us. They were our prisoners."
Senator: "It is not your business to manage elections or take offense when men give lawful votes. Why should these men be disfranchised? You could complain of the Sheriff only in case he refused to return your prisoners when you wanted them. Now Major-I believe you are a Major ?_ "
Dodge (becoming interested): "Well, I'm not sure ; I was nom- inated but I believe not confirmed at the last session."
Senator: "Yes, I think I remember the case. No doubt it will come up again next winter."
About this time the Major (in prospect) underwent a complete transformation in demeanor and speech. He had been standing, half impatient, ready to leave. But the sudden reflection that the man before him would have a vote in the Senate upon his confir- mation to a higher rank in the army, worked like a charm. He passed back across the room, put down his military cap, placed himself at his writing-table, politely invited his visitor to take a chair, and resumed the conversation :
Dodge (very kindly): "Well, what do you want done ?"
Senator: "An order to discharge the Sheriff and his assistant."
No sooner said than done-the order was written and handed over. Dodge then rose from his chair all benignity, radiant with satisfaction at a good action performed. In fact, at that moment, Dodge felt at peace with the whole world-felt a benevolent in- terest in the welfare of all his fellow-creatures-felt or imagined he felt, already, the gentle pressure of a Major's straps upon his shoulders ! He was a happy man and quite open to any appeal of benevolence or of duty. The occasion was improved in the in- terests of justice. Dodge was reminded that he had the Hemlock
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voters (Holter and Heller) also under his hand; that they were unlawfully held and should also be discharged. He promptly took back his order and underwrote upon it what was desired. That document in its final form was as follows:
DODGE'S ORDER.
"Capt. Opdyke will release the Sheriff of Columbia county and his assistant, confined on charges preferred by Cap. Silvers.
These men will hold themselves subject to any order which may in future be received from the recorder of the Military Commis. sion in session here.
RICHARD J. DODGE, Capt. Dept. Com'dg.
Mr. Buckalew states. that the two men arrested as deserters are delinquent drafted men from the draft of 1862. If so, they are not liable to arrest as deserters. R. J. D."
The above paper being produced to Capt. Opdyke, who was, we believe, a Deputy Provost Marshal and was playing prison- keeper, Sheriff Furman, Mr. R. C. Fruit, Daniel Holter and Wm. H. Heller were all promptly brought up and discharged. They left in the night train and arrived at Bloomsburg, Friday morn. ing, October 14. Here they were met at the depot by a con- course of citizens and welcomed home with cheers and rejoicing.
THE COUCH CORRESPONDENCE. Senator Buckalew to General Couch. BLOOMSBURG, SEPT. 26, 1864.
Major General D. N. Couch, Chambersburg, Pa.
DEAR SIR :- I have refrained from writing you on the subject of the arrests of citizens of this county, in the confident expecta- tion that they, or the greater part of them, would be discharged and permitted to return to their homes. Most of these persons are men of fair character and respectable position ; some of them are aged men accustomed to active employments, upon whom im- prisonment is peculiarly severe, and as to all of them, their fami- lies and business suffer by their absence. And surely the offences with which they are charged can be neither grave nor dangerous, when they are not announced or recognized in the community from which they are taken. Only conjecture or suspicion can be exercised upon their cases even by those least friendly to them.
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HISTORY OF COLUMBIA COUNTY.
I do not doubt that the charges upon which the arrests were or- dered arose in some degree from a disordered state or condition of mind in their accusers, who were carried away by an impression of combination and armed resistance to the laws in the Fishing Creek townships. Upon inquiry made by me since my return from Washington in July, and particularly since our interview in August, I have obtained information which enables me to speak confidently upon this subject. And I have to say, that there has not been a time during the present year when a Sheriff, Marshal, or other executive officer, could not have executed peaceably any warrant or writ whatever in this county; that there have been no fortifications or military positions prepared or occupied by in- surgents, nor any intention of establishing them; that there has been no large number of men assembled in arms to resist the conscription, as was reported ; that no cannon or other arms were obtained for a position on the North Mountain ; that neither de- serters from abroad nor refugees from Canada came to the assis- tance of the so-called "insurgents," and, in short, that the reports sent abroad of insurrection in this county, (and probably also the statements sent to Washington as to the foregoing particulars,) were quite groundless and false. Gen. Cadwallader's researches upon the upper waters of Fishingcreek and on the North Moun- tain I believe were thorough, and should be held as satisfactory by the public authorities. To the President Judge of this dis- trict and to me, he characterized the alleged erection of works of resistance and the assembling of men in arms to resist the Govern- ment, as a "farce." But the arrests in question were ordered and actually made before the North Mountain was scaled and be- fore the imposture which had misled men abroad, was fully explo- ded. Had the truth been known in the outset, I conclude I would have been spared the composition of this letter and you the trouble of perusing it.
But while the imposture of "the Fishingcreek rebellion" remain- ed undetected-before the advance of Gen. Cadwallader upon the forests of Sullivan-forty-four of our citizens were taken into cus- tody and transported to Fort Mifflin, where forty-three yet remain. With a single possible exception, none of them were deserters or drafted men. They were farmers and business men, having no connection with the military service of the United States and
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many of them above the age of forty-five years. Neither they nor their friends were distinctly informed of the charges against them, nor has the privilege of giving bail for their appearance to answer, been permitted them. And their accusers are still un- known as well as the authority by which they were arrested. I hear it said recently, that their arrest was under an order from the Provost Marshal General at Washington, in which case you are not responsible for the order, but only for its execution.
These men, thus arrested, have been confined in prison nearly one month, in an imperfectly ventilated bomb-proof of a Govern- ment Fort, subjected to vermin and other hardships, and even if it can be shown that they have been guilty, to some extent, of im- prudent or criminal speech or action, they have undergone enough to satisfy the demands not only of justice but of vengeance. Be- sides, two of them are officers of the county (the one a Commis- sioner and the other Treasurer) whose attention at home to public business is necessary. I therefore now make application for their discharge without further proceedings or delay, as a measure of justice and humanity, warranted by the facts and demanded by public opinion in this section.
I shall not, General, submit to you any observation upon the illegality of these arrests, nor upon the propriety of turning these men over for trial (if they are to be tried at all) to the proper court of the United States which holds regular terms in an ad- joining county (at Williamsport.) It is sufficient for my present purpose to say, that the arrests were unnecessary ; that no such formidable combination of men to resist the laws as was alleged had any existence; and that these men have undergone already severe and prolonged imprisonment. I suppose no advocate of military arrests of citizens in States untouched by actual war, will pretend they should be made except in cases of utmost urgency, nor that punishment in such cases should degenerate into persecu- tion.
I must add some remarks upon the subject of keeping troops here. This county has a population of 30,000 and no more peace- ful, law-abiding district is to be found in the United States. For many years the quarterly terms of our County Courts have not had an average duration of four days. The introduction of a large armed force here was not therefore provoked by the general
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character of our people, but must have been occasioned by the particular falsehoods already mentioned and which have been fully exposed. With their exposure the reason for an armed force of occupation wholly failed and a part of that force has been with- drawn. I shall hope you will find employment elsewhere for the remainder, and if not, that you will give the officers in command stringent orders against interfering with our elections, and par- ticularly against placing troops at the places of election in con- tempt of an ancient statute of this Commonwealth.
It remains only to notice in this communication, the two facts which remain after freeing the case of "the Fishingcreek insur- rection" from falsehood. . They are: 1st. That here, as elsewhere, some drafted men had failed to report for duty ; and 2nd, That there had been a small night affray in which a young man named Robinson was wounded. I have to observe upon these points (to which the case as originally stated has dwindled,) that for the ar- rest of the offender in the affray, a single officer, or at most a Constabulary force, was adequate; and that as to the drafted men though they were probably impertinent and boastful, they were not numerous nor formidable. I believe that in all military move- ments there should be an employment of force clearly sufficient to accomplish the purpose in view, but in the case of these men who had failed to report, the advance of a single company of troops would have had the same effect as the advance of an army, to-wit, their dispersion or submission.
The men whose folly or malignity was exercised in creating the spectre of the insurrection, and who have caused an unnecessary and large outlay by the Government, (perhaps in all a quarter of a million of dollars,) are those upon whom the indignation of au- thority should fall, rather than the men now in custody. In a proper place and in due time, I shall probably conceive it to be my duty to insist upon an investigation of this whole transaction, to the end that the truth shall become known and just responsibil- ity be placed where it belongs.
I am, General, respectfully, Your obedient servant, C. R. BUCKALEW.
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Reply of General Couch.
HEAD QUARTERS, DEP'T. OF THE SUSQUEHANNA ; Chambersburg, Pa., September 29, 1864.
HON. C. R. BUCKALEW,
United States Senator,
Bloomsburg, Pa .:
DEAR SIR :- I have the honor to acknowledge receipt this day of your note of the 26th. inst., in reference to the Citizen Prisoners arrested in Columbia county, &c., &c. -
The commission for their trial has been ordered and I had hop- ed it would have been ready to take up their cases before this, but there have been delays beyond my control, still everything is being done that can be to expedite matters.
I went to the Fort on Saturday last for the purpose of seeing myself how the prisoners fared, inspect their quarters and if nec- essary order them to be removed to a more comfortable place of confinement-there seemed to be no cause for complaint and hence no change was made.
I fully agree with you that no fortifications were erected by the "insurgents," but General Cadwallader who made a close ex- amination of the country is satisfied that they had one, and prob- ably two pieces of artillery, that there was an organization to re- sist the draft, the members of which were armed, and I have other information to the same effect.
The men arrested are charged in general terms with resisting the Draft, which covers the case of those who advised resistance, procured arms, knowing they were for that purpose, or sold arms for the same object.
The arrests were not to my knowledge, made by direction of the Provost Marshal General, nor are the prisoners held to satisfy vengeance, but to determine whether they are guilty of the great crime of which they are charged, or not.
As regards the troops interfering with the elections, you and your friends may rest assured that there will be no just cause for complaint.
When assigned to the command of this Department, I was in- structed by the Secretary of War, not to interfere with politics, which being in accordance with my natural inclinations, has been scrupulously carried out.
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HISTORY OF COLUMBIA COUNTY.
I cannot for one moment think that you believe troops are re- tained in Columbia county to control the elections.
I was very glad to receive your letter, recollecting with pleas- ure our interview in August last, and the assistance you extended me at that time.
The subject has received my careful consideration and I hope to be able to so conduct matters, that none but the guilty shall suffer, and so soon as I can satisfy myself that any of the sus- pected parties are only slightly involved in this treasonable move- ment, it will be consistent with my duty to the Government to order their conditional release.
I am Sir, very Respectfully, Your obd't. Servant, D. N. COUCH. Major General Com'dg. Dep't.
A second letter to Gen. Couch.
Bloomsburg, October 11, 1864. Tuesday Evening.
GEN. D. N. COUCH,
Dear Sir :- I received in due course of mail your letter of 29th September, and am duly sensible of your politeness in giving so prompt an answer to my communication. I notice with satisfac- tion your statement that you visited "Fort Mifflin" and gave at- tention to the treatment of our citizens confined there, as the fact proves your possession of those feelings of humanity which do honor to our common nature. I read also with satisfaction and approval your observations upon non-interference with our elec- tions by troops under your command or control, and particularly your assurance to me and my friends (as you expressed yourself) that we should have no cause for complaint in that particular. These were good words and I have no disposition to think them or to represent them as insincere. But, unfortunately, the pro- ceedings of your subordinates have not been consistent with them.
Col. Albright, who came up to this county to collect evidence, preparatory to the trial of our citizens at Harrisburg, did not con- fine himself to that business. He went upon the stump in Blooms- burg with the republican candidate for Congress, and made the first political speech of the campaign. As represented to meit was a
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very inflammatory speech, and gave a most exaggerated and unfair representation of the difficulties in this county. He professed to speak from the official documents in his possession, and used his position to inflame public passion against the men who were to be tried and to render their prosecution useful for party purposes.
But I proceed to mention events more recent which deserve, as I think, your particular attention. Some days since soldiers were sent south of the river. I do not know what they have done there, but a prisoner was forwarded here yesterday from Main township and is still kept here. His case is as follows : His name is the same as his father's except a middle initial letter. His father's name was drawn in the draft; the father was notified, ap- peared before the board of enrolment, and was exempted for legal cause. It is now said, or pretended, that the son was really meant and he, without any notice whatever, is seized and taken away from his district, the day before the election and held here in spite of full explanation ! No one can doubt the motive, and the effect is precisely what was desired-the deduction of one vote from the poll of Main township.
In Fishingcreek township, soldiers were stationed for the day on the main road near the polls, obviously to watch the election.
In Benton township one of the election officers was arrested this morning just before the polls were open, and carried off, the others had been previously disposed of and the people found no officers to act for them. Last night several men were arrested in the neighborhood and kept away from their places of voting. I believe no one arrested was a drafted man. They were citizens, and had been openly at their homes before.
Seven mounted men were met going toward the Sugarloaf polls early in the day and they, or another squad, were reported later in the day watching the road of approach beyond.
When the returns come in it will doubtless be found true that light elections have been held in several districts, because many citizens have been intimidated and deterred from attending the polls, in addition to those who were taken away by actual arrest. No cause for the arrests is known and no man can feel safe in at- tending the election. Of course the intended effect is as certain as the means of securing it are unscrupulous and disgraceful.
At the election here in Bloomsburg a man was arrested in go
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ing to vote ; soldiers appearing at the polls in violation of the State law to which I referred you in my former letter. He was kept in hand during the day, permitted to go home for his dinner but not to the polls. His case was one of doubtful dereliction under a former enlistment which has expired. He has since been enrolled and drafted under the U. S. laws, and I saw to day his certificate of having paid commutation money. He has been living here openly a year or more without question until now.
Two other men living openly in the neighborhood for two years past and voters in the adjoining township of Hemlock were ar- rested and put in jail here-one on last Saturday night and the other yesterday. They were not liable to arrest and have not been drawn under either one of the U. S. drafts. One of them was promised a hearing yesterday and again this morning, but it was not given. Of course none was intended until the election should close. I said to the Sheriff who had them in custody, this afternoon, that he would be perfectly justified in conveying them to their election district to vote, taking care to prevent their es- cape and holding them ready for any requisition upon him. He took an assistant, conveyed them to their district, and had return- ed with them almost home when he and his assistant were arrest- ed by order of the Assistant Provost Marshal. He had been ab- sent less than two hours, but in that time incalculable mischief had been done. Two of the four men who were to be disfranchised by being kept here in confinement, had given true and lawful votes under the Constitution and laws of this Commonwealth : And these votes will stand good, and the deprivation of rightful suffrage here be narrowed to the two other cases before mentioned.
General, in the war of 1812 the State of Massachusetts refused the use of her prisons to the United States for the detention of captives &c. Immediately afterwards Simon Snyder, Governor of this State, addressed a patriotic message to our Legislature de- nouncing the conduct of Massachusetts, and at his instance the Legislature passed the act of 3d March, 1814, opening wide our prisons for the admission of hostages and prisoners of war of the United States and charging upon our Sheriffs and jailors the du - ties of their custody. The prior act of 5th December. 1789, had authorized the admission of prisoners of the United States "com- mitted by virtue of legal process," obviously meaning in some ju-
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dicial proceeding. I know of no statute of this Commonwealth charging upon our Sheriffs and prison-keepers the duty of hold- ing citizens in draft preceedings under the authority of the Uni- ted States. But even if such statute existed, the duty the Sheriff would owe to the United States would be simply the safe custody of the persons committed, and the rendering of them up on proper demand. And while they were in his custody he would have complete control over them, subject to the regulation of our own laws, and would share his powers with no other official whatever.
Observe, General, I do not object to the use of our prisons by the United States in the fullest manner, and to invoking the prin- ciple of comity for that purpose where legal provisions may be wanting. But the purposes of the United States being subserved, no officer of that government has reason to concern himself furth- er and to determine who shall be permitted to vote under the State laws.
The arrests which I have described were made by the use of soldiers subject to your command, and their occurrence justifies my appeal made to you in a former letter for the withdrawal of troops from our county, or, in case they were not withdrawn, that stringent orders should be issued against their interfering with our elections and particularly against their presence at our places of election in violation of express law.
In conclusion, I must express my opinion that some signal con- demnation of the wrongs and outrages already committed in this county is due to our people from the public authorities, and that some effectual provisions should be made against the repetition of such occurrences in the future.
I am, General, very truly Your obd't serv't., C. R. BUCKALEW.
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HISTORY OF COLUMBIA COUNTY.
OBSERVATIONS UPON THE COUCH CORRESPONDENCE.
The Couch correspondence demands some notice before we pro- ceed to other matters ; but we shall be brief in our remarks upon it because more important topics lie before us and invite us for- ward. As to the latter we will, just here, take our readers into our confidence and imform them what they may expect (in part) from our researches. Be it known, then, that we have obtained by unexpected good fortune though not without difficulty, full records of the evidence in the three leading cases of Columbia county priso- ners, tried before the Military Commission at Harrisburg, and shall publish them entire, or their full substance. The cases to which we refer are those of John Rantz, Stott E. Colley and Daniel McHenry, men upon whom the prosecution-the Military Judge Advocate, the spies, informers, pimps and radical politicians, in short all the persecutors and their instruments-expended the whole force of their industry, ingenuity and malice (backed by public power) in order to secure their conviction. In the main, thank God ! those efforts were expended in vain. For the truth and the right did triumph in the end; their webs of lies were broken ; their wicked- ness came to nothing, and the prisoners, the objects of their hos- tility and persecution, went forth from unlawful bondage vindicat- ed and free! Those prisoners went not forth however without scars of conflict upon them ; not without grievous expense and great suffering first incurred, nor without bitter and enduring memories of wrong and outrage inflicted by lawless power.
But, to return to the Couch correspondence, the matter immedi- ately in hand :
1. It will be seen that Couch was notified before the end of September, by reliable and responsible authority, that the pretexts for the invasion were false, and was called upon to discharge the prisoners and remove his troops from the County. Mr. Bucka- lew's letter to him dated September 26th, was answered by him on the 29th. He received it therefore in due course of mail and was fully acquainted with its contents. Why did he not accept the information thus given him and take proper action upon it ? Assuming (with gratuitious charity) that he had been misled in the outset, why did he persist in the wrong ?
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2. Gen. Couch in his letter of 29th of September states that he had visited the prisoners in Fort Mifflin, but he does not state that he told them that their arrest "was the worst act of his life." It may appear incredible that he could make this declaration and yet keep them in custody and allow the persecution against them to continue, but the fact is too well attested to admit of doubt and can be fully proved if called in question. He was conscious that wrong had been done, and when he stood face to face with his victims the truth was extorted from him by feelings of contri- tion or of sympathy which he could not restrain. But those feel- ings did not long continue, or at all events had but slight influ- ence upon his after conduct. He knew too well what his masters required of him; how exacting were the demands of Radicalism and that his commission would be forfeited by any open exhibi- tion of independence, justice and humanity, and he followed the suggestions of self interest instead of the promptings of his better nature.
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