There soon followed a demand for the surrender of the arms stored by the city authorities in a warehouse. The police refused to surrender them without the orders of the police commissioners. The police commissioners, upon representation that the demand of General Butler was by order of the President, decided to surrender the arms under protest, and they were accordingly removed to Fort McHenry.

Baltimore was now disarmed. The Army of the United States had control of the city. There was no longer necessity to regard the remonstrance of Baltimore against sending troops through the city, and that more convenient route was henceforth to be employed. George P. Kane, Marshal of the Police of Baltimore, who had rendered most efficient service for the preservation of peace, as well in the city of Baltimore as at Locust Point, where troops were disembarked to be dispatched to Washington, was arrested at home by a military force, and sent to Fort McHenry, and a provost-marshal was appointed by General Banks, who had succeeded to the command. The excuse given for the arrest of Marshal Kane was that he was believed to be cognizant of combinations of men waiting for an opportunity to unite with those in rebellion against the United States Government. Whether the suspicion were well or ill founded, it const.i.tuted a poor excuse for depriving a citizen of his liberty without legal warrant and without proof. But this was only the beginning of unbridled despotism and a reign of terror. The Mayor and Police Commissioners, Charles Howard, William H. Gatch.e.l.l, and John W. Davis, held a meeting, and, after preparing a protest against the suspension of their functions in the appointment of a provost-marshall, resolved that, while they would do nothing to "obstruct the execution of such measures as Major-General Banks may deem proper to take, on his own responsibility, for the preservation of the peace of the city and of public order, they can not, [pg 335] consistently with their views of official duty and of the obligations of their oaths of office, recognize the right of any of the officers and men of the police force, as such, to receive orders or directions from any other authority than from this Board; and that, in the opinion of the Board, the forcible suspension of their functions suspends at the same time the active operations of the police law."176 The Provost-Marshal, with the plenary powers conferred upon him, commenced a system of search and seizure, in private houses, of arms and munitions of every description.

On the 1st of July, General Banks announced that, "in pursuance of orders issued from the headquarters at Washington for the preservation of the public peace in this department, I have arrested, and do detain in custody of the United States, the late members of the Board of Police-Messrs. Charles Howard, William H. Gatch.e.l.l, Charles D. Hinks, and John W. Davis." If the object had been to preserve order by any proper and legitimate method, the effective means would palpably have been to rely upon men whose influence was known to be great, and whose integrity was certainly unquestionable. The first-named of the commissioners I knew well. He was of an old Maryland family, honored for their public services, and himself adorned by every social virtue. Old, unambitious, hospitable, gentle, loving, he was beloved by the people among whom his long life had been pa.s.sed. Could such a man be the just object of suspicion, if, when laws had been silenced, suspicion could justify arrest and imprisonment? Those who knew him will accept as a just description:

"In action faithful, and in honor clear, Who broke no promise, served no private end, Who gained no t.i.tle, and who lost no friend."

Thenceforward, arrests of the most ill.u.s.trious became the rule. In a land where freedom of speech was held to be an unquestioned right, freedom of thought ceased to exist, and men were incarcerated for opinion"s sake.

In the Maryland Legislature, the Hon. S. Teacle Wallis, from [pg 336] a committee to whom was referred the memorial of the police commissioners arrested in Baltimore, made a report upon the unconst.i.tutionality of the act, and "appealed in the most earnest manner to the whole people of the country, of all parties, sections, and opinions, to take warnings by the usurpations mentioned, and come to the rescue of the free inst.i.tutions of the country."177

For no better reason, so far as the public was informed, than a vote in favor of certain resolutions, General Banks sent his provost-marshal to Frederick, where the Legislature was in session; a cordon of pickets was placed around the town to prevent any one from leaving it without a written permission from a member of General Banks"s staff; police detectives from Baltimore then went into the town and arrested some twelve or thirteen members and several officers of the Legislature, which, thereby left without a quorum, was prevented from organizing, and it performed the only act which it was competent to do, i.e., adjourned. S. Teacle Wallis, the author of the report in defense of the const.i.tutional rights of citizens, was among those arrested. Henry May, a member of Congress, who had introduced a resolution which he hoped would be promotive of peace, was another of those arrested and thrown into prison. Senator Kennedy, of the same State, presented a report of the Legislature to the United States Senate, reciting the outrage inflicted upon Maryland in the persons of her munic.i.p.al officers and citizens, and, after some opposition, merely obtained an order to have it printed. Governor Hicks, whose promises had been so cheering in the beginning of the year, sent his final message to the Legislature on December 3, 1861. In that, referring to the action of the Maryland Legislature at its several sessions before that when the arrest of its members prevented an organization, he wrote, "This continued until the General Government had ample reason to believe it was about to go through the farce of enacting an ordinance of secession, when the treason was summarily stopped by the dispersion of the traitors...." After referring to the elections of the 13th of June and the 6th of November, he says, the people have "declared, in the most emphatic [pg 337] tones, what I have never doubted, that Maryland has no sympathy with the rebellion, and desires to do her full share in the duty of suppressing it." It would be more easy than gracious to point out the inconsistency between his first statements and this last. The conclusion is inevitable that he kept himself in equipoise, and fell at last, as men without convictions usually do, upon the stronger side.

Henceforth the story of Maryland is sad to the last degree, only relieved by the gallant men who left their homes to fight the battle of State rights when Maryland no longer furnished them a field on which they could maintain the rights their fathers left them. This was a fate doubly sad to the sons of the heroic men who, under the designation of the "Maryland Line," did so much in our Revolutionary struggle to secure the independence of the States; of the men who, at a later day, fought the battle of North Point; of the people of a land which had furnished so many heroes and statesmen, and gave the great Chief-Justice Taney to the Supreme Court of the United States.

Though Maryland did not become one of the Confederate States, she was endeared to the people thereof by many most enduring ties. Last in order, but first in cordiality, were the tender ministrations of her n.o.ble daughters to the sick and wounded prisoners who were carried through the streets of Baltimore; and it is with shame we remember that brutal guards on several occasions inflicted wounds upon gentlewomen who approached these suffering prisoners to offer them the relief of which they so evidently stood in need.

The acc.u.mulation of Northern forces at and near Washington City, made it evident that the great effort of the invasion would be from that point, while a.s.saults of more or less vigor might be expected upon all important places which the enemy, by his facilities for transportation, could reach. The concentration of Confederate troops in Virginia was begun, and they were sent forward as rapidly as practicable to the points threatened with attack.

It was soon manifest that, besides the army at Washington, which threatened Virginia, there was a second one at Chambersburg, Pennsylvania, under Major-General Patterson, designed to [pg 338] move through Williamsport and Martinsburg, and another forming in Ohio, under the command of Major-General McClellan, destined to invade the western counties of Virginia.

This latter force, having landed at Wheeling on May 26th, advanced as far as Grafton on the 29th. At this time Colonel Porterfield, with the small force of seven hundred men, sent forward by Governor Letcher, of Virginia, was at Philippi. On the night of June 2d he was attacked by General McClellan, with a strong force, and withdrew to Laurel Hill. Reenforcements under General Garnett were sent forward and occupied the hill, while Colonel Pegram, the second in command, held Rich Mountain. On July 11th the latter was attacked by two columns of the enemy, and, after a vigorous defense, fell back on the 12th, losing many of his men, who were made prisoners. General Garnett, hearing of this reverse, attempted to fall back, but was pursued by McClellan, and, while striving to rally his rear guard, was killed. Five hundred of his men were taken prisoners. This success left the Northern forces in possession of that region.

The difficult character of the country in which the battle was fought, as well from mountain acclivity as dense wood, rendered a minute knowledge of the roads of vast importance. There is reason to believe that competent guides led the enemy, by roads unknown to our army, to the flank and rear of its position, and thus caused the sacrifice of those who had patriotically come to repel the invasion of the very people who furnished the guides to the enemy. It was treachery confounding the counsels of the brave. Thus occurred the disaster of Rich Mountain and Laurel Hill.

General Robert Garnett was a native of Virginia, and a graduate of the United States Military Academy. He served in Mexico, on the staff of General Z. Taylor, and was conspicuous for gallantry and good conduct, especially in the battles of Monterey and Buena Vista. Recognizing his allegiance as due to the State of Virginia, from which he was appointed a cadet, and thence won his various promotions in the army, he resigned his commission when the State withdrew from the Union, and earnestly and usefully served as aide-de-camp to General R. E. [pg 339] Lee, the commander-in-chief of the Army of Virginia, until she acceded to the Confederacy.

When Western Virginia was invaded, he offered his services to go to her defense, and, relying confidently on the sentiment, so strong in his own heart, of devotion to the State by all Virginians, he believed it was only needful for him to have a nucleus around which the people could rally to resist the invasion of their country. How sadly he was disappointed, and how bravely he struggled against adverse fortune, and how gallantly he died in the discharge of his duty, are memories which, though sad, bear with them to his friends the consolation that the manner of his death was worthy of the way in which he lived, and that even his life was an offering he was not unwilling to make for the welfare and honor of Virginia.

He fell while commanding the rear guard, to save his retreating army, thus exemplifying the highest quality of man, self-sacrifice for others, and such devotion and fort.i.tude as made Ney the grandest figure in Bonaparte"s retreat from Moscow.

Footnote 175: (return) "Annual Cyclopaedia," vol. i, p. 443.

Footnote 176: (return) "Baltimore American," June 28, 1861.

Footnote 177: (return) New York "World", August 6, 1861.

CHAPTER VI.

Removal of the Seat of Government to Richmond.-Message to Congress at Richmond.-Confederate Forces in Virginia.-Forces of the Enemy.-Letter to General Johnston.-Combat at Bethel Church.-Affair at Romney.-Movements of McDowell.-Battle of Mana.s.sas.

The Provisional Congress, in session at Montgomery, Alabama, on the 21st of May, 1861, resolved "that this Congress will adjourn on Tuesday next, to meet again on the 20th day of July at Richmond, Virginia." The resolution further authorized the President to have the several executive departments, with their archives, removed at such intermediate time as he might determine, and added a proviso that, if any public emergency should "render it impolitic to meet in Richmond," he should call the Congress together at some other place to be selected by him.

The hostile demonstrations of the United States Government [pg 340] against Virginia caused the President, at an early day after the adjournment of Congress, to proceed to Richmond and to direct the executive departments, with their archives, to be removed to that place as soon as could be conveniently done.

In the message delivered to the Congress at its meeting in Richmond, according to adjournment, I gave the following explanation of my conduct under the resolution above cited: "Immediately after your adjournment, the aggressive movement of the enemy required prompt, energetic action. The acc.u.mulation of his forces on the Potomac sufficiently demonstrated that his efforts were to be directed against Virginia, and from no point could necessary measures for her defense and protection be so effectively decided as from her own capital."

On my arrival in Richmond, General R. E. Lee, as commander of the Army of Virginia, was found there, where he had established his headquarters. He possessed my unqualified confidence, both as a soldier and a patriot, and the command he had exercised over the Army of Virginia, before her accession to the Confederacy, gave him that special knowledge which at the time was most needful. As has been already briefly stated, troops had previously been sent from other States of the Confederacy to the aid of Virginia. The forces there a.s.sembled were divided into three armies, at positions the most important and threatened: one, under General J. E. Johnston, at Harper"s Ferry, covering the valley of the Shenandoah; another, under General P. G. T. Beauregard, at Mana.s.sas, covering the direct approach from Washington to Richmond; and the third, under Generals Huger and Magruder, at Norfolk and on the Peninsula between the James and York Rivers, covering the approach to Richmond from the seaboard.

The first and second of these armies, though separated by the Blue Ridge, had such practicable communication with each other as to render their junction possible when the necessity should be foreseen. They both were confronted by forces greatly superior in numbers to their own, and it was doubtful which would first be the object of attack. Harper"s Ferry was an important position, both for military and political considerations, and, though unfavorably situated for defense against an [pg 341] enemy which should seek to turn its position by crossing the Potomac above, it was desirable to hold it as long as was consistent with safety. The temporary occupation was especially needful for the removal of the valuable machinery and material in the armory located there, and which the enemy had failed to destroy, though he had for that purpose fired the buildings before his evacuation of the post. The demonstrations of General Patterson, commanding the Federal army in that region, caused General Johnston earnestly to insist on being allowed to retire to a position nearer to Winchester. Under these circ.u.mstances, an official letter was addressed to him, from which the following extract is made:

"Adjutant and Inspector-General"s Office,

"Richmond, June 13, 1861.

"To General J. E. Johnston, commanding Harper"s Ferry, Virginia.

"Sir: ... You had been heretofore instructed to exercise your discretion as to retiring from your position at Harper"s Ferry, and taking the field to check the advance of the enemy.... The ineffective portion of your command, together with the baggage and whatever else would impede your operations in the field, it would be well to send, without delay, to the Mana.s.sas road. Should you not be sustained by the population of the Valley, so as to enable you to turn upon the enemy before reaching Winchester, you will continue slowly to retire to the Mana.s.sas road, upon some of the pa.s.ses of which it is hoped you will be able to make an effective stand, even against a very superior force. To this end, it might be well to send your engineer to make a reconnaissance and construct such temporary works as may be useful and proper.... For these reasons it has been with reluctance that any attempt was made to give you specific instructions, and you will accept a.s.surances of the readiness with which the freest exercise of discretion on your part will be sustained.

"Very respectfully, your obedient servant,

(Signed) "S. Cooper,

"Adjutant and Inspector-General."

The earliest combat in this quarter, and which, in the inexperience of the time, was regarded as a great battle, may claim a pa.s.sing notice, as exemplifying the extent to which the individuality, [pg 342] self-reliance, and habitual use of small-arms by the people of the South was a subst.i.tute for military training, and, on the other hand, how the want of such training made the Northern new levies inferior to the like kind of Southern troops.

A detached work on the right of General Magruder"s line was occupied June 11, 1861, by the First Regiment of North Carolina Volunteers and three hundred and sixty Virginians under the command of an educated, vigilant, and gallant soldier, then Colonel D. H. Hill, First Regiment North Carolina Volunteers, subsequently a lieutenant-general in the Confederate service. He reports that this small force was "engaged for five and a half hours with four and a half regiments of the enemy at Bethel Church, nine miles from Hampton. The enemy made three distinct and well-sustained charges, but were repulsed with heavy loss. Our cavalry pursued them for six miles, when their retreat became a total rout."

On the other side, Frederick Townsend, colonel of Third Regiment of the enemy"s forces, after stating with much minuteness the orders and line of march, describes how, "about five or six miles from Hampton, a heavy and well-sustained fire of canister and small-arms was opened upon the regiment," and how it was afterward discovered to be a portion of their own column which had fired upon them. After due care for the wounded and a recognition of their friends, the column proceeded, and the Colonel describes his regiment as moving to the attack "in line of battle, as if on parade, in the face of a severe fire of artillery and small-arms." Subsequently, the description proceeds, "a company of my regiment had been separated from the regiment by a thickly-hedged ditch," and marched in the adjoining field in line with the main body. Not being aware of the separation of that company, the Colonel states that, therefore, "upon seeing among the breaks in the hedge the glistening of bayonets in the adjoining field, I immediately concluded that the enemy were outflanking, and conceived it to be my duty to immediately retire and repel that advance."178

Without knowing anything of the subsequent career of the Colonel from whose report these extracts have been made, or of [pg 343] the officers who opened fire upon him while he was marching to the execution of the orders under which they were all acting, it is fair to suppose that, after a few months" experience, such scenes as are described could not have occurred, and these citations have been made to show the value of military training.

In further exemplification of the difference between the troops of the Confederate States and those of the United States, before either had been trained in war, I will cite an affair which occurred on the upper Potomac. Colonel A. P. Hill, commanding a brigade at Romney, in Western Virginia, having learned that the enemy had a command at the twenty-first bridge on the Baltimore and Ohio Railroad, decided to attack it and to destroy the bridge, so as to interrupt the use of that important line of the enemy"s communication. For this purpose he ordered Colonel John C. Vaughn, of the Third Tennessee Volunteers, to proceed with a detachment of two companies of his regiment and two companies of the Thirteenth Virginia Volunteers to the position where the enemy were reported to be posted.

Colonel Vaughn reports that on June 18, 1861, at 8 P. M., he moved with his command as ordered, marched eighteen miles, and, at 5 A. M. the next morning, found the enemy on the north bank of the Potomac in some strength of infantry and with two pieces of artillery. He had no picket-guards.

After reconnaissance, the order to charge was given. It was necessary, in the execution of the order, to ford the river waist-deep, which Colonel Vaughn reports "was gallantly executed in good order but with great enthusiasm. As we appeared in sight at a distance of four hundred yards, the enemy broke and fled in all directions, firing as they ran only a few random shots.... The enemy did not wait to fire their artillery, which we captured, both guns loaded; they were, however, spiked by the enemy before he fled. From the best information, their number was between two and three hundred."

Colonel Vaughn further states that, in pursuance of orders, he fired the bridge and then retired, bringing away the two guns and the enemy"s flag, and other articles of little value which had been captured, and arrived at brigade headquarters [pg 344] in the evening, with his command in high spirits good condition.

Colonel A. P. Hill, the energetic brigade commander who directed this expedition, left the United States Army when the State, which had given him to the military service of the General Government, pa.s.sed her ordinance of secession. The vigilance and enterprise he manifested on this early occasion in the war of the States gave promise of the brilliant career which gained for him the high rank of a lieutenant-general, and which there was nothing for his friends to regret save the honorable death which he met upon the field of battle.

Colonel Vaughn, the commander of the detachment, was new to war. His paths had been those of peace, and his home in the mountains of East Tennessee might reasonably have secured him from any expectation that it would ever be the theatre on which armies were to contend, and that he, in the mutation of human affairs, would become a soldier. He lived until the close of the war, and, on larger fields than that on which he first appeared, proved that, though not educated for a soldier, he had endowments which compensated for that disadvantage.

The activity and vigilance of Stuart, afterward so distinguished as commander of cavalry in the Army of Virginia, and the skill and daring of Jackson, soon by greater deeds to become immortal, checked, punished, and embarra.s.sed the enemy in his threatened advances, and his movements became so devoid of a definite purpose that one was at a loss to divine the object of his campaign, unless it was to detain General Johnston with his forces in the Valley of the Shenandoah, while General McDowell, profiting by the feint, should make the real attack upon General Beauregard"s army at Mana.s.sas. However that may be, the evidence finally became conclusive that the enemy under General McDowell was moving to attack the army under General Beauregard. The contingency had therefore arisen for that junction which was necessary to enable us to resist the vastly superior numbers of our a.s.sailant; for, though the most strenuous and not wholly unsuccessful exertions had been made to reenforce both the Armies of the Shenandoah and of the Potomac, they yet remained far smaller than those of the enemy confronting [pg 345] them, and made a junction of our forces indispensable whenever the real point of attack should be ascertained. For this movement we had the advantage of an interior line, so that, if the enemy should discover it after it commenced, he could not counteract it by adopting the same tactics. The success of this policy, it will readily be perceived, depended upon the time of execution, for, though from different causes, failure would equally result if done too soon or too late. The determination as to which army should be reenforced from the other, and the exact time of the transfer, must have been a difficult problem, as both the generals appear to have been unable to solve it (each asking reenforcements from the other).

On the 9th of July General Johnston wrote an official letter, from which I make the following extracts:

"Headquarters, Winchester, July 9, 1861.

"General: ... Similar information from other sources gives me the impression that the reenforcements arriving at Martinsburg amount to seven or eight thousand. I have estimated the enemy"s force hitherto, you may remember, at eighteen thousand. Additional artillery has also been received. They were greatly superior to us in that arm before.

"The object of reenforcing General Patterson must be an advance upon this place. Fighting here against great odds seems to me more prudent than retreat.

"I have not asked for reenforcements, because I supposed that the War Department, informed of the state of affairs everywhere, could best judge where the troops at its disposal are most required....

"Most respectfully, your obedient servant,

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