A history of Columbia County, Pennsylvania. From the earliest times., Part 31

Author: Freeze, John G. (John Gosse), 1825-1913
Publication date: 1883
Publisher: Bloomsburg, Pa. : Elwell & Bittenbender
Number of Pages: 594


USA > Pennsylvania > Columbia County > A history of Columbia County, Pennsylvania. From the earliest times. > Part 31


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43


3. Gen. Couch's letter enables us to grapple with the points of accusation against the prisoners as they were finally arranged (and subsequently appeared in formal charges before the Military Commission) and is for that reason a valuable contribution to the history of the occupation. By it, to a certain extent, our field of in- vestigation is narrowed and has assigned to it definite boundaries. In the first place there is no imputation that any of the arrested men were concerned in the night affray in which Lieut. Robinson was wounded. Further, the General agrees fully that no fortifica- tions had been erected for purposes of resistance to the military power. But he says that "Gen. Cadwallader who made a close examination of the country is satisfied that they" (the alleged 'in- surgents') "had one and probably two pieces of artillery, that there was an organization to resist the Draft, the members of which were armed," and that he had other information to the same effect. He says further, that "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." This is the whole case against the prisoners as stated by Gen. Couch one month after their arrest and after the Albright affidavits had been obtained or extorted in the Fishingcreek country.


434


HISTORY OF COLUMBIA COUNTY.


It will be our business in the further progress of this narrative and by record evidence, to answer and explode these charges so far as they came under examination in the military trials at Har- risburg, and we pledge ourselves in advance to perform this work in the most effectual manner. But we choose to brand at once the statement about "one and probably two pieces of artillery," for which General Cadwallader is given as authority, as an utter falsehood. No evidence to sustain it was ever produced upon any of the military trials, though if such a fact had existed it could have been easily proved and would have been gladly seized upon by the prosecution. Besides, the common statement of all persons who had means or opportunity for information on this subject, has been, that there was no piece or pieces of artillery known of in the whole region of the alleged "insurrection."


CONTINUED IMPRISONMENT.


Within a few days after the general arrests were made (Aug. 31, 1864,) some of the prisoners' friends in Bloomsburg sent Col. Ent down to Fort Mifflin to confer with them and ascertain, if possible, the charges against them, the line of their defence and the names of their witnesses. He performed his mission with diligence, but not one of the prisoners could tell why he had been arrested. One of them had been in the military service, many of them had just subscribed money to assist in raising volunteers in the pending' draft, and others had sons and other relatives in the army. They were not conscious of having committed any offence or of having done any act which should render them obnoxious to the military power, and they knew that the general vague reports of "insur- rection" in their neighborhood would be put down upon even slight investigation fairly conducted. They could not therefore prepare for defence against unknown charges nor anticipate that they would be long detained in prison. The character of Gen. Cadwallader also, as a gentleman and honorable officer, gave as- surance that there would be fidelity and promptness of investiga- tion in their cases and that the day of relief and of vindication for them would soon arrive. They did not understand that politi- cal malignity in the radical breast was utterly relentless, and that, united to self-interest, it would disregard all law and all justice- the most sacred obligations of duty and the most imperative de- mands of humanity itself ! Nor did they understand that officers


435


HISTORY OF COLUMBIA COUNTY.


of the army (in high command even) were under duress to politi- cal leaders and constrained to perform the bebests of party as the indispensable condition of their continuance in command and of their promotion in the public service; that command, rank, pay and constant favor were for the subservient officer, and embarrass- ment and reprimands, if not dismissal and disgrace, to the inde- pendent and just one. Nearly all the prisoners were continued in confinement throughout the whole of September and beyond the election in October without a hearing of any description and with- out notice of charges against them. Meantime as Gen. Cadwalla- der could report nothing sufficient or definite against them and as Lt. Col. Stewart was equally unsuccessful, Col. Charles Albright was sent up to do what they had failed to accomplish-make up a case. How his work was performed we may choose to describe hereafter; what we are now concerned with is the result of his labors-a bundle of affidavits and statements which by an aid-de- camp of Gen. Couch were well described as "trash," which the General himself spoke of subsequently with contempt, and which when subjected to deliberate examination and answer before a Military Commission were found to be in their essential features wholly false or worthless. These papers however furnished a pretext for the continued imprisonment of our citizens. Though they had been taken in secret and by most disreputable. means, though they were afterwards withheld from public inspection and their contents unknown to the prisoners in their Bastile upon the Delaware, they were proclaimed to be most damnatory upon the accused, a complete revelation of iniquity in Columbia county and a full vindication of the occupation and all its works. This was the speech of the Radical Press at Philadelphia, at Harrisburg and at Bloomsburg, along the West Branch and in Luzerne, wherever interest could be felt in the affairs of this county or political capi- tal be made by the calumniation of our people.


But time passed on ; the State election was held on the 11th of October and one of the main objects of the occupation became an accomplished fact. More than forty citizens had been kept from the election by direct imprisonment, while others had been intimi- dated or restrained in their free action as electors, and the reports of conspiracy and resistance to law in this county had been ex- tensively used abroad for the purposes of party in the election


436


HISTORY OF COLUMBIA COUNTY.


canvass. Under these circumstances of consummated iniquity, of accomplished purpose-it was not unreasonable to think that an appeal on behalf of the prisoners for long delayed compassion and justice would be regarded with favor, or at all events would be heard with civility, by the military power. Such an appeal was accordingly made in the proper quarter, and we will proceed to state its character, progress and results.


THE EXPEDITION TO CHAMBERSBURG.


On Friday, the 14th of October, (after the discharge of Sheriff Furman and his companions,) Mr. Buckalew and Col. Freeze went over from Harrisburg to Chambersburg to see Gen. Couch and induce him to discharge the Fort Mifflin prisoners. The General had his headquarters at Chambersburg, and the applica- tion to him was recommended by Gov. Curtin as more convenient and hopeful than would be one addressed to the War Department at Washington. An interview with Gen. Couch was promptly had and the arrests were fully discussed, together with the circum- stances of hardship attendant and consequent upon them. The unquestioned fact that there had never been any actual resistance to any officer of the Government in this county, was called to the General's attention ; as were the further facts, that the pris. oners had never been drafted and were not subject to military jurisdiction, and that they had been in confinement a month and a half without trial or notice of charges against them. He was reminded also, that he had already ascertained that the sev- eral reports concerning the alleged 'insurrection' (upon which the occupation of this county by troops had been ordered and the arrests made) were either wholly groundless or greatly exaggera- ted, and that no public necessity could require further proceedings for the purpose of either precaution or punishment. Gen. Couch's reply was scattered and evasive, though made at sufficient length. Perhaps the word "shuffling" would describe it more nearly than any other word in the language. It was not belligerent or uncivil nor was it specific and responsive to the application made to him. It indicated incertitude of mind and a deficient will, a temper not. nnamiable nor yet pronounced and confident, but above all an ap- prehension, or a fear of responsibility to be incurred. The fate of M'Clellan (under whom he had held command) was before his eyes-a commander who for failing to do political work and con-


437


HISTORY OF COLUMBIA COUNTY


duct a war of spoliation had been degraded-and he hesitated between the demands of humanity and justice on the one hand and the promptings of fear and selfish interest on the other. He recited his journey to Columbia county at the inception of the oc- cupation, touched upon his visit to Fort Mifflin, expressed his sym- pathy with the prisoners and particularly the old men among them, made sundry excuses for delay in the examination of their cases, thought many of them might turn out to be innocent or very little to blame, could not say just when they could be tried but would expedite proceedings as much as possible. He said he had ordered the release of two or three of the men who were reported to be sick :- At this point of the discourse Col. Freeze significantly and severely remarked, "General, one of those men, (Mr. Roberts,) has been discharged by a higher authority than yours-he is dead !" There followed an awkward pause, but con- versation was presently resumed. The General's attention was called to the act of Congress which expressly required that where persons charged with resisting a draft were arrested by the mili- tary power they should be forthwith delivered to the civil author- ities for trial, and it was urged upon him that he could end all difficulty and embarrassment, so far as he was concerned, by com- plying with the law, while he would extend to the prisoners a le- gal right to which they were clearly entitled. To this he made no direct answer, but said he would write to Washington for in- struct.ons. He was then requested to allow the prisoners (or such of them as he would not discharge) to give bail for their appear- ance before a Military Commission for trial, whenever the Judge Advocate should be prepared to proceed against them, so that in the meantime they might return home, escape the hardships and danger to health inseparable from confinement, and be enabled to prepare their defense; in other words, to allow to them one of the ordinary privileges extended by law to persons accused of criminal offences before the courts of justice ; and he was told that any amount of bail which he might require would be promptly furnished. The General thought he could not take bail, and turn- ing to Mr. Buckalew said : "I ask you as a lawyer whether a bail bond for the appearance of the prisoners would be good for any- thing and could be enforced ?" To this direct question Mr. Buck- alew answered, that if the proceeding of arrest and trial of our


438


HISTORY OF COLUMBIA COUNTY.


citizens by Military Commission was lawful, such bail-bond would be good, for it would be taken to enforce a legal obligation; if the military power had jurisdiction of the cases, a contract of bail in aid of that jurisdiction would bind the parties and could be en- forced, but if the proposed trials were unlawful a bond for the appearance of the accused would be worthless. Gen. Couch said he thought so too-a bond would be good for nothing-and he must hold on to his prisoners in order to secure their appearance for trial. What an acknowledgment was this of usurpation and outrage ! That brute force, naked power, acting in contempt of all law, could alone hold these men in prison or drag them before strange tribunals ! It was an unblushing announcement of the rule of the strong hand and of despotic will, as a substitute for all those fundamental and statute laws which can alone bind the rightful obedience of the citizen.


At the instance of Col. Freeze, however, the cases of two of the prisoners were acted upon favorably by Gen. Couch. They were shown by certificates to be sick and suffering from confine- ment and an order was made for their discharge upon parole to appear and answer when called for. The interview closed with an appointment for another at a later hour of the same day.


That second interview was had, but without any definite result. During the latter part of it Col. Alex. K. McClure was present and interposed some remarks in favor of the prisoners or of their discharge. Though a republican leader he was sagacious enough to see that arbitrary arrests and political persecution could not, in the long run, be advantageous to his party, and he scorned the short-sighted, petty and vindictive policy which inspired and dic- tated the outrage upon our people.


The following morning, October 15th, a final interview was had with General Couch and the application for discharge of prisoners again urged. He was still fidgety, and chatty, but undetermined, and it become necessary at last to bring matters to a point and conclude the negotiation. Mr. Buckalew therefore said to him, "General, we came to you to get relief for our neighbors, suppos- ing you had full power over them and would be disposed to act kindly. Even their enemies might now agree to their discharge as the election is over. If you can act, say so ; if you cannot, we will go at once to Gen. Cameron and apply through him to the


439


HISTORY OF COLUMBIA COUNTY.


Secretary of War and the President for relief. I believe he will aid us and we cannot go home until this question is settled." The true ground was at last reached. Couch knew that Gen. Cameron was hostile to him and had denounced him, and he had a whole- some terror of Stanton. He therefore came to a quick conclusion and answered with energy, "Don't go to anybody; I will do whatever I can for your men ; I'm sorry there has been so much delay, and I will send an officer at once to inquire into their cases. As soon as he can report to me I will discharge all of them but a few to be held for trial." He proceeded to say that he would immediately call in the officer to be detailed for the investigation and give him his directions. And thereupon "the General Com- manding the Department of the Susquehanna" rang his bell, or- dered to his presence one of his officers, (we believe a Col. Mere- dith) and informed him that beside the written order which would be furnished him he would explain to him the object of his ap- pointment. He was to proceed forthwith to Harrisburg and in connection with Captain Wessels (the Judge Advocate) examine the papers in the Columbia county cases and report to him (Couch) the names of the principal offenders to be held for trial, in order that the rest might be discharged. The report was to be made as quickly as possible To a question put to the General as to the number to be held for trial, he replied, "five, seven, nine, half & dozen-about that." The officer retired to prepare for his mission and soon afterwards, farewell civilities having been exchanged between the General and his visitors, the latter turned their faces towards home.


DISCHARGES MADE.


The result of the expedition to "Head Quarters" already de- scribed, is shown by the following letter from Gen. Couch which we copy from the Columbia Democrat of April 1st, 1865:


General Couch to Senator Buckalew.


HEAD QUARTERS, DEP'T. OF THE SUSQUEHANNA ; Chambersburg, Pa., October 18, 1864.


MR. SENATOR BUCKALEW,


.


Bloomsburg, Pa .:


Dear Sir: I beg to inform you that the Board of officers which were ordered, as you were notified, to examine and see how many of the Columbia county prisoners could be safely released,


440


HISTORY OF COLUMBIA COUNTY.


have recommended (21) twenty-one to be set at liberty under certain conditions. The nature of the evidence is such that no more can be safely released at present.


I am, Sir, very Respectfully, D. N. COUCH, Maj. General.


The number 21, above mentioned, included five persons previ- ously discharged on account of sickness, to-wit: John Yorks, William E. Roberts (who died before his discharge reached him), Joseph Coleman, Rohr M'Henry, and Elias M'Henry. The num- ber of new cases of discharge was therefore just sixteen. De- ducting twenty-one, the total number of discharges from forty- four, the original number of prisoners, would leave more than half still in confinement ; so that Gen. Couch's "five, seven, nine, half a dozen-about that," to be held for trial, had risen in num- ber to twenty-three. This computation does not include Mr. Rutan who was arrested after the others. The general declared that "the nature of the evidence," rendered it unsafe to release more. Of course Capt. Francis Wessels, Jndge Advocate and manager of the prosecutions, was opposed to discharges. He showed very pertinacious and sometimes unscrupulous hostility to the prisoners upon the trials subsequently had, and he was actu- ated by strong motives to oppose their release and to press for their conviction. His service as Judge Advocate was much more safe and more lucrative than service in the field, and he had rea- son to expect promotion in rank and increased pay as the result of a successful campaign against the citizen voters of Columbia county. By activity and zeal followed by success he expected to win reputation, and he knew that by exhibiting those qualities against the accused he would recommend himself to a political party that had power to reward him, and would not be critical upon any course of conduct which he might pursue in their service. He reported therefore to Gencral Couch that it would be unsafe to discharge so many prisoners as proposed, and his superior gave way before his objection. The smaller man controlled the greater one, and nearly twenty victims suffered in consequence.


Wessels had then left in his hands twenty-four prisoners for persecution at pleasure. A Military Commission, "organized to convict," was to be furnished him as an instrument for his work,


441


HISTORY OF COLUMBIA COUNTY.


he was authorized to employ agents and runners to prepare evidence, a stenographer to relieve him of labor and trouble, and had subject to his call any military assistance he might require. Nor were "the sinews of war" wanting for his campaign. Any amount of money for his purpose could be drawn from army appropriations, and that too without responsibility to public opinion for the extent or the character of the outlay incurred. The drama of the trials was about to open, and all due prepara- tion had been made. Power, confident and insolent, smiled upon the suffering and terror of the weak and defenceless who were to be openly smitten and crushed. The performance was to open ; Judge Advocate, informer and loyal witness were all ready for their parts; the public expectant ; nothing remained but to organ- ize the Mock Court and begin !


442


HISTORY OF COLUMBIA COUNTY.


THE TRIALS.


THE MILITARY COMMISSION ;- On the 17th of October, 1864, a Mock Court (called 'a Military Commission') was organized at Harrisburg for the trial of the prisoners. It was composed of three Army officers , to-wit: Colonel Charles N. Provost, Colonel J. M. Frink and Captain Lee, with Captain Francis Wessels as Judge Advocate. It convened under orders of 'the General Com- manding the Department of the Susquehanna,' that is without any authority at all except one wholly usurped and lawless. The members went through the form of taking an oath, and business began.


The first case called for trial was that of John Rantz (which was supposed to be the best or strongest one for the prosecution) and the charges and specifications against him were produced. They were, in substance, that he had confederated with others to resist the draft (what draft was not mentioned) and had formed or united with a secret society commonly known and called the "Knights of the Golden Circle," the object of which was to resist the execution of the draft, and that he had publicly expressed disloyal sentiments and opinions with the object of defeating and weakening the power of the Government in its efforts to suppress the rebellion. In brief, he was charged to be a conspirator, an organizer or member of an unlawful secret association, and a man of disloyal speech.


For the defendant, John G. Freeze, Hamilton Alricks and A. J. Herr, Esqs., appeared as counsel, the two latter being members of the Harrisburg Bar, and Mr. Herr District Attorney for Dau- phin county.


PLEA OF JOHN RANTZ TO THE JURISDICTION :- Mr. Alricks on the part of the defence promptly filed an elaborate written plea to the jurisdiction of the Commission. It set forth that by most clear and imperative provisions of the Constitution of the United States and of the Constitution of Pennsylvania the defendant was entitled to a trial by jury, inasmuch as he was a citizen and not


443


HISTORY OF COLUMBIA COUNTY.


employed in the military or naval service ; recited the provisions of several acts of Congress, and particularly the habeas corpus and enrollment acts of 3rd March, 1863, as conclusive that the civil courts alone had jurisdiction in the case, and referred to sundry legal authorities as confirmatory of the position taken. The plea concluded as follows : "The defendant respectfully sub- mits that he is not triable by this Commission, not being within the jurisdiction thereof, or of any other military tribunal whatever."


This was very good law-sound, settled, evident and un- answerable ; but it was thrown away upon a tribunal which knew little about law (or justice either) and cared still less. The plea was overruled and the defendant required to plead to the charges directly ; whereupon to each charge and specification he plead "not guilty," and the trial proceeded. That plea to the jurisdiction however, which was repeated (though in brief form) in the subsequent cases, stands upon record as an enduring pro- test against despotic power, and proves that there was no volun- tary acquiesence by our people in the jurisdiction assumed over them. A similar plea to the jurisdiction of a Military Commis- sion, made in the Milligan case in Indiana, was subsequently sus- tained by the Supreme Court of the United States in a judgment which will remain one of the beacons of liberty in future times. The Rantz plea was unanimously and promptly overruled by the Military Commission at Harrisburg ; precisely the same plea, in another case, was unanimously and deliberately sustained by the Supreme Court of the United States at Washington. Such is the difference between a mock court and a real one; the latter en- forces the laws and is competent to its work, will almost always be found learned, patient, impartial and just, while the former will violate laws and exhibit ignorance, impatience, passion and injustice throughout its proceedings and in its judgments.


CONVICTION OF RANTZ .- The trial of John Rantz proceeded for several days and was concluded on the 24th of October. He was found guilty and was sentenced to pay a fine of one thousand dollars and to undergo an imprisonment in Fort Mifflin for the term of two years. The witnesses cxamined against him were Nathan J. Hess, Adam Lutz, Richard Stiles, and Edward M'Henry. For the defence the witnesses were, Abraham Young,


444


HISTORY OF COLUMBIA COUNTY.


Samuel Rhone, John O. Dildine, David Savage, Andrew Lau- bach, Nicholas Kindt, Martin A. Ammerman, E. J. McHenry, and Wm. Appleman. The evidence was closed on the 20th ; on the 21st, Mr. Herr submitted, on behalf of the prisoner, a written argument, reviewing the whole case, and on the 24th, the reply of the Judge Advocate to the defence (also in writing)was put in. The whole of the evidence as it was carefully taken down at the trial will be made the subject of future examination and comment.


OTHER CONVICTIONS :- The trial and conviction of Samuel Kline followed imediately after the caseof Rantz. He was sen- tenced to two years imprisonment in Fort Mifflin. William Ap- pleman was next tried. He also was convicted and sentenced to suffer imprisonment for one year in Fort Mifflin or to pay a fine of five hundred dollars. He chose the alternative of paying the fine and after some delay succeeded in borrowing money for the purpose. Hc paid the fine and was discharged from impris- onment November 22nd 1864. John Lemons, Joseph Vansickle, Valentine Fell and Benjamin Colley were also tried successively, convicted and sentenced to imprisonment in Fort Mifflin.


Conviction followed trial with a certainty and regularity which were refreshing to the radical observer and furnished the un- thinking and ill-informed an apparent justification, or at all events an excuse, for the arrests and for the military occupation of our county.




Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.