Johnson County, Missouri - Chapter 17, 1881

Chapter 17

1862 - Rigid Execution of the Martial Law - Test Oath for Voters - Movements of the two armies under Curtis and Price - Battle of Elk Horn Tavern - The " Gamble Conven¬ tion " again in Session. Gradual Emancipation - Mass Convention and its Resolu¬ tions - Guerrilla Warfare - The Palmyra Horror - Fall Elections - State Indebtednes.

The commencement of the year of 1862, as regards military operations, was quiet. Gen. Price's army lay around Springfield, while the main body of the national forces were quartered at St. Louis. The dominant idea of each command was to concentrate a large force and engage the enemy in a decisive battle. The central portion of the state was in the hands of the federals. The northern, save some occasional outbreaks, was never the scene of action. The confederate generals did not imperil their forces by placing them beyond the line of the Missouri river. The south was held by the confederates, while along the western border plun¬ dering bands of guerrillas did severe damage.

The rigid execution of the martial law around St. Louis, first demands our attention. Opposition was made in some instances to unjust assess¬ ments levied by officers of the government of the United States on seces¬ sionists which called forth the following from Gen. Halleck then in com¬ mand: " Martial law having been declared in this city by authority of the president of the United States, all civil authorities, of whatever name or office, are hereby notified that any attempt on their part to interfere with the execution of any order from these headquarters, or impede, molest, or trouble any officer duly appointed to carry such order into effect, will be regarded as a military offense, and punished accordingly. "

Orders followed this successively by which all newspapers were required to file a copy of each issue with the provost-marshal for inspec¬ tion; directors and officers of the mercantile library association, and cham¬ ber of commerce together with the president and officers of the state university were required to take the oath of allegiance under the penalty of having their offices vacated; vehicles and horses bearing the hostile flag were confiscated and persons displaying the same were imprisoned; presidents and managers of railroads were put under bond to employ none but those having expressed "loyalty"; attorneys were debarred from practice unless they had subscribed the oath. The matter culminated in the following:

It is hereby ordered that at all future elections in this state, whether state, municipal, county or town elections, every voter will be required to take the oath of allegiance required by the state convention, October 18, 1861. Officers of polls will see to the execution of this order. If they receive votes of persons not taking the oath, they will be arrested and tried for military offense, and the elections declared null and void.

Historical Sketch Of Missouri

The following correspondence which passed between Gens. Price and Halleck about this time, explains itself. Gen. Price in writing says: "I have obtained information that individuals and parties of men specially appointed and instructed by me to destroy railroad culverts and bridges, by tearing them up, burning, etc., have been arrested and subjected to general court martial, for alleged crimes, which all laws of warfare, here¬ tofore recognized by the civilized world, have regarded as distinctly law¬ ful and proper. I have learned that such persons, when tried, if convicted of the offense or offenses, as stated, are viewed as lawful subjects for capi¬ tal punishment. These statements I cannot believe to be correct, but let us understand each other on this subject. * * Do you intend to con¬ tinue the arrest of citizens engaged in their ordinary, peaceful pursuits, and treat them as traitors and rebels? If so, will you make exchange with me for such as I may or will make for similar cases? Do you intend to regard the members of this army as persons deserving death wherever and whenever they may be captured, or will you extend to them the recognized rights of prisoners of war, by the code of civilized warfare? Do you regard the destruction of important roads for transportation facili¬ ties for military purposes as the legal right of the belligerent power? Do you intend to regard men whom I have especially despatched to destroy roads and burn bridges, tear up culverts, etc., as amenable to the enemy's court mardal, or will you have them tried as usual by the proper civil authorities according to the statutes of the states?"

Gen. Halleck replied thus: "Where individuals and parties of men violate the laws of war, they will be tried, and, if found guilty, will cer¬ tainly be punished, whether acting under your special appointment or not. You must be aware, general, that no orders of yours can save from punish¬ ment, spies, marauders, robbers, incendiaries, guerrilla bands, etc., who vio¬ late the laws of war. You cannot give immunity to crimes. But let us fully understand each other on this point. If you send armed forces, wearing the garb of soldiers, and duly organized and enrolled as legitimate bellig¬ erents, to destroy railroad bridges, etc., as a military act, we shall kill, if possible, in open warfare, or if we capture them we will treat them as prisoners of war."

The letter further on separates from this class, those who, acting under Price's orders were not " regularly organized," and were " in citizens garb," but provides for them no punishment. Soon after the correspon¬ dence some bridge-burners were tried and sentenced to be shot, Halleck approving the sentence. The sentence was, however, countermanded, and the prisoners held to await a further trial by a military commission.

Early in February, Gen. Curtis, in command of the federal forces, moved toward Springfield. Gen. Price, with 12,000 men, retreated February 12 to Cassville, was followed by Curtis, crossed into Arkansas and being reinforced by McCulloch February 20, was defeated in a slight engage¬ ment at " Boston Mountains." Gen. Price retreated still further to Cove Creek where he halted February 25. Occupying a strong position here, Curtis deemed discretion the better part of valor and withdrew from the pursuit into Benton county. On March 2, Price and McCul¬ loch were reinforced by Gens. Van Dorn and Pike, until the combined forces amounted to about 25,000 men. Van Dorn, who assumed chief command, immediately commenced offensive action, resulting in an engagement called the battle of Pea Ridge (sometimes Elk Horn Tavern), " one of the most skillfully fought, desperate and sanguinary battles of the war." The loss on both sides was large. Three days the carnage lasted, the victory being finally claimed by the union side. In this fight Gens- McIntosh and McCulloch were killed. After the battle the armies sepa¬ rated, Van Dorn withdrawing to the interior of Arkansas and Curtis retreating into Missouri.

In April Gen. Halleck departed for Mississippi, leaving John M. Scho¬ field in command, upon whom chief command devolved in June. On April 8, Gen. Sterling Price resigned command of the Missouri state guard.

Gov. Gamble, by proclamation, called the state convention together on Monday, June 2, 1862. Among the prime proceedings of the body were - the declaration of certain of its own offices vacated, and the expulsion of certain members for political opinions and acts - the revocation of the ordinance submitting its action in regard to the state offices to the people and the continuance of the present incumbents in office until 1864 - the passage of a bill prohibiting all confederates from holding office or voting except on condition of taking the oath.

The most important proceeding, however, was the introduction on the 7th of June of a bill by Judge Breckinridge for gradual emancipation. We find this synopsis of his speech in support of the measure: "He argued the merits of the bill at length, claiming that it was the only measure at all likely to quiet the agitation rapidly growing in the state. All men agreed that slavery was doomed in Missouri, that secession had ruined it, and it only remained to determine, whether, as wise, careful and conservative men, they would take hold of the subject as a political question, or leave it, to be dealt with by radicals. Pass this ordinance, and there would be nothing left to build up radical men and measures; the whole subject could be acted on by the people, after two years of calm reflection, with peace, quiet, and prosperity restored to the country."

After removing the constitutional objections which would prevent the bill from becoming a part of the constitution, the method of emancipation is thus stated in the second section: and after January 1, 1865, shall be deemed and considered slaves until they arrive at the age of twenty-five years and no longer, unless sooner permanently removed from the state; provided always , that it shall be the duty of the general assem¬ bly of the state, at its first regular session after this ordinance shall take effect, or as soon thereafter as may be practicable, to provide by law for the payment to the owner of those negroes and mulattoes who would, but for this ordinance, have been born slaves for life, a full equivalent for their value at the expiration of their term of s rvice, and also to provide by law for the removal to such place or places beyond the limits of this state, as may be designated by the general assem- . bly, at the expense of the state, of such persons as they arrive at the age of twenty-five years.

Resolved, That the United States ought to co-operate with any state which may adopt a gradual emancipation of slavery, giving to such state at its discre¬ tion compensation for the inconvenience, public and private, by such a change of system,

On June 16, a mass convention representing twenty-five counties in the state, passed a series of resolutions respecting slavery. Among them were the following:

Resolved , That we are in favor of initiating forthwith, a system of emancipa¬ tion for the state of Missouri, gradual in its character, and the operation of which shall be so adjusted as not to work injury to the pecuniary interests of any loyal citizens, whose vested property rights may be involved, and not to dis¬ turb by any violent disruption, present social relations in our community.

Resolved , That it should be the duty of the next general assembly of this state to take measures for securing from the national government the aid pledged by resolution of congress to those states undertaking the establishment of a system of gradual emancipation, and that the same should be so disposed of, as to insure compensation to such as may be adjudged as entitled to compen¬ sation for any losses that may be sustained in the inauguration and consumma¬ tion of such a policy.

The disbanded troops of Gen. Price under the most daring leaders com¬ menced early in July to seriously harass the national troops. Our limits forbid that we should follow to any great extent the varying fortunes of these wandering bands, and the efforts made to defeat and drive them from the state. The era must be termed " The Reign of Terror," in Mis¬ souri. The terrible dash and abandon of these leaders of desperate south¬ erners has made them famous, while brave union men fought valiantly to defeat them. And it must be said in truth that horrible atrocities were committed by both sides. Gen. Scofield issued an order holding " rebels and rebel sympathizers responsible in their property, and, if need be, in their persons, for damages thereafter committed by guerrillas or marauding parties." But nothing but the most absolute defeat could deter these men, who, believing and feeling their wrongs unredressed, fought to do that which the south could not do, - ring from the oppressor, blood for blood. It was also rumored, at this time, that another invasion from the south was imminent. Gov. Gamble therefore issued the follow¬ ing order:

The existence of numerous bands of guerrillas in different parts of the state, -who are engaged in robbing and murdering peaceful citizens, for no other cause than that such citizens are loyal to the government under which they have always lived, renders it necessary that the most stringent measures be adopted to punish all such crimes, and to destroy such bands.

Brigadier-General John M. Schofield, in command of the Missouri state militia, is hereby authorized to organize the entire militia of the state into companies, regiments and brigades, and to order into active service such portions of the force thus organized, as he may judge necessary, for the purpose of putting down all marauders, and defending peaceable citizens of the state.

The field of operations for these bands were the west and northwest. Among the noted leaders were Colonels Porter, Quantrell, Cobb, Poindex¬ ter, Coffee and McBride. Col. Porter was defeated in June at Cherry Grove, Schuyler county. Porter and. Quantrell were defeated July 28th, in Callaway county, but within three days had captured two companies of national troops at Newark in Knox county. Their movements were rapid and their onsets desperately fierce. One of the most important bat¬ tles was fought August 13th, at Independence, where the combined forces of Quantrell, Porter and Coffee, reinforced by Col. Hughes of the confed¬ erate army, severely defeated the state troops. A few days later, eight hundred of the latter were disastrously handled at Lone Jack. After this Coffee and Quantrell were driven into Arkansas; Poindexter, Coffee and Porter, now harassed the north. Five thousand men were estimated to be with them. Small detachments were sent out, and many sanguinary skirmishes were fought. The guerrillas were finally reduced so in num¬ bers, having suffered repeated defeats, that the warfare was practically ended by October. Among the noted federal officers who did much toward silencing these fierce foes, were McNeil and Guitar. There are many instances of terrible brutality upon the part of the federals during these operations. One instance, which occurred at Palmyra, may be noticed. Col. Porter, in his raid upon this place, captured an old resident named Andrew Allsman. Allsman had been of much service to the loy¬ alists in giving desired information as to the standing of men and in lead¬ ing the way for scouting parties. He was not treated as other prisoners captured, and for weeks nothing could be learned about him. It was feared that he had been murdered. McNeil, therefore, ordered the fol¬ lowing notice sent to Porter's wife, that it might be immediately delivered

Historical. Sketch Of Missouri

Joseph C. Porter, Sir: Andrew Allsman, an aged citizen of Palmyra, and a non-combatant, having been carried from his home by a band of persons unlawfully arrayed against the peace and good order of the state of Missouri, and which band was under your control, this is to notify you that unless said Andrew Allsman is returned, unharmed, to his family within ten days from date, ten men who have belonged to your band, and unlawfully sworn by you to carry arms against the government of the United States, and who are now in custody, will be shot, as a meet reward for their crimes, amongst which is the illegal restraining of said Allsman of his liberty, and, if not returned, presumptively aiding in his murder. Your prompt attention to this will save much suffering.

Ten days elapsed without tidings from Allsman and the ten prisoners, to whom only the fact of the murder was communicated, suffered death. No more wanton act was ever committed. From both sides came ani¬ madversions, loud and deep, and soon Jefferson Davis issued a retalia¬ tory order.

In November, the elections came off. There was no freedom in the ballot. True, there were two parties, the emancipationists and the anti¬ emancipationists. But, imagine, if you will, a country in the throes of civil war; two districts of the same country, each with a dagger at the other's throat. The great issue that divides them - slavery. The party at the north, the "government," is for emancipation. This party, with a host of armed men, possess Missouri. The " test-oath" is promulgated. The order is declared to be enforced, if necessary, with flashing steel. What, then, think you, the result of a contest between emancipation and anti¬ emancipation. All candidates must belong to the former. There can be but one side issue - that of time, and victory must perch upon its banner. Such was the result. County officers, members of the legislature, and members of congress were avowed emancipationists in almost every instance. The following are the members elect for congress: 1st district, F. P. Blair; 2d, H. T. Blow; 3d, John W. Noell; 4th, S. H. Boyrd; 5th, J. W. McClurg; 6th, Austin A. King; 7th, Benjamin Loan; 8th, W. A. Hall; 9th, James S. Rollins. Of these King and Hall were democrats.

The State legislature convened December 29, 1862, at Jefferson City. Those who advocated immediate freedom of slaves carried the day in the elections in both houses. The vote in the house, between the two wings of the emancipation party, for speaker, stood 67 to 42, in favor of instant action.

Gov. Gamble's message was submitted December 30th. In it he made the following estimate of war forces: Volunteers, 27,500; state militia, 10,500; total, 38,000 men; enrolled militia, 52,000, and grand total, 90,000. He advocated gradual freeing of slaves, and adequate compensation to all parties concerned.