Johnson County, Missouri - Chapter 18, 1881

Chapter 18

1863 - Session of the State Convention - Ordinance of Emancipation - Radical Convention - Contest between Conservatism and Radicalism - Military Movements - Order No. 11 - Shelby's Raid - B. Gratz Brown and John B. Henderson chosen United States Senators.

Affairs remained quiet in 1863, until the election in St. Louis, when the radical element of the unionists, after a hard canvass, developed a large majority. Fearing that this unconditional party would soon gain the entire state, Gov. Gamble called a session of the state convention to be held in June, that some action might be taken upon the all-important topic of slavery. The convention accordingly assembled June 15.

Gov. Gamble in his message recommended, as he had previously done to the legislature which saw fit to take no action in the matter, a system of gradual emancipation. At the same time he tendered his resignation. After the tendering of the resignation, a resolution was immediately intro¬ duced, providing for an election of state officers by the people. A substi¬ tute was offered for this, requesting Gov. Gamble to withdraw his resigna¬ tion and continue in office, which was adopted.

All questions touching slavery were referred to the committee on eman¬ cipation. From this committee two reports were returned to the conven¬ tion, relative to the main issue. The majority report consisted of the fol¬ lowing ordinance which was finally adopted by the body:

Sec. 2. That slavery or involuntary servitude, except in punishment of crime, shall cease to exist in Missouri on the 4th of July, 1870, and all the slaves within the state on that day are hereby declared to be free: Provided , however , that all persons emancipated by this ordinance shall remain under the control and be subject to their late owners, or their legal representatives, as servants during the following period, to-wit: Those over forty years of age, for and dur¬ ing their lives; those under twelve, until they arrive at the age of twenty-three; and those of all other ages, until the 4th of July, 1870. The persons or their legal representatives, who up to the moment of emancipation, were owners of slaves hereby freed, shall, during the period for which the services of such freedmen are reserved to them, have the same authority and control over the said freedmen, for the purpose of receiving the possessions and services of the same, that are now held by the master in respect of his slaves: Provided, however , that after the said 4th of July, 1870, no person so held to service shall be sold to non-residents or removed from the state by authority of his late owner or his legal representative.

Sec. 4. All slaves removed by consent of their owners to any seceded state after the passage by such state of an act or ordinance of secession, and thereafter brought into the state by their owners, shall thereupon be free.

The minority report also abolished slavery, but on the 1st of July ensu¬ ing, and apprenticed the slaves and their issue to former owners until July 4th, 1870. It was provided that during this apprenticeship " necessary' education should be given them.

This action of the convention was not without its opponents in the state, and a " Radical" convention, representing that party in four-fifths of the counties, met in Jefferson City, Sept. 2. From the platform which was adopted we extract the following:

" Endorsing the president's emancipation proclamation and asking for its prompt execution, declaring that they will support no one not pledged to its principles; believing that those liberated under it cannot be reduced to slavery", and refusing to sustain any re-organization of the country that does not embody the freedom principles therein contained."

" Demanding that the legislature call a new State convention, to take into consideration the grievances under which the state now labors, and in case of their refusal, nothing can stop the right of the people to act in the matter."

Resolutions were passed requesting Gov. Gamble and Lieut.-Gov. Hall to resign ; nominating candidates for various offices ; urging upon radical members of the legislature to vote for B. Gratz Brown and Benjamin Loan for United States senators. Many ultra measures and policies were adopted.

Historical Sketch Of Missouri

" Denouncing the military policy pursued in the state, and the delega¬ tion by the general government of the military power to a provisional state organization, the whole tendency of which is to -throw back the peo¬ ple under the control of the pro-slavery party, and by reactionary influen¬ ces to paralyze the federal power in suppressing the rebellion, to prolong a reign of terror throughout a large section of the state, and extend aid and comfort to those who are meditating hostility to the national authority in other states."

It must be noted here, by way of explanation, that in May, Gen. Curtis had been removed from the command of the department of Missouri and Gen. J. M. Schofield substituted in his place. The reasons for this were thus stated by President Lincoln at the time : " I did it because of a con¬ viction in my mind that the union men of Missouri, constituting, when united, a vast majority of the whole people, have entered into a pestilent factional quarrel among themselves, Gen. Curtis, perhaps not of choice, being the head of one faction, and Gov. Gamble of the other." Again, he said: " Gov. Gamble is a conservative man," and thereby expressed the key-note of the quarrel. He at the same time expressed the opinion that immediate emancipation would be detrimental to the state.

There were at this time two classes of militia in the state. " Missouri State Militia " and " Enrolled Missouri Militia." The former were " vol¬ unteer troops enlisted in the service of the United States and supported by the federal government." They were intended exclusively for state pro¬ tection, and the governor had power to remove all officers. The latter were " organized by order of the governor, controlled by him, and at no time subject to the orders of any United States officer, except the governor thought proper to make them so."

When Gen. Schofield took cbmmand, Gov. Gamble issued an order con¬ ferring upon him the command of the entire force of "enrolled militia," numbering over fifty thousand fighting men. It will be seen by this, that while Schofield and Gamble acted in concert, the " radical" element could not control the voting through the local militia and the provost marshals, armed with the test oath, and seeking some opportunity to exercise powe to the detriment of the gradual emancipation party. Hence, from their convention, which we have seen assemble, there went to the president, a petition, asking " the cessation of all support from the treasury of the Uni¬ ted States to the enrolled Missouri militia, the occupation of Missouri by United States troops, and, the appointment of a department commander in Missouri, who will not make himself a party to Gov. Gamble's pro¬ slavery policy." The petition concludes as follows:

One other subject demands attention in connection with Missouri affairs. On the 3d of next month an election is to be held in the state for judges of the supreme and circuit courts. We have good reason to believe, and assert, that a strenuous effort will be made to carry that election against the radical party by the votes of returned rebel guerrillas, bushwhackers, and others, who have given aid or comfort to the rebellion. By an ordinance of our state convention, passed June 10, 1862, every voter is required, in order to vote, to take a prescribed oath. Unless the military authorities interpose, we believe that thousands of the above named class of persons will be permitted to vote without taking that oath. We ask that you will be pleased to direct the department commander to issue such an order as Gen. Burnside issued in reference to the Kentucky election, holding the judges of election responsible to the military authorities if they allow votes to be given by parties who do not take that oath. This will tend to exclude such parties from the polls, and thereby secure a fair election.

The president after discussing the various parties which had grown up from the slavery and union question, or in other words the branches of the anti-slavery-union party said:

It is easy to conceive that all these shades of opinion, and even more, may be sincerely entertained by honest and truthful men. Yet, all being for the union, by reason of these differences, each will prefer a different way of sustaining the union. At once, sincerity is questioned, and motives assailed. Actual war com¬ ing, blood grows hot, and blood is spilled. Thought is forced from old channels into confusion. Deception breeds and thrives. Confidence dies, and universal suspicion reigns. Each man feels an impulse to kill his neighbor, lest he be killed by him. Revenge and retaliation follow. And all this, as before said, may be among honest men only. But this is not all. Every foul bird comes abroad, and every dirty reptile rises up. These add crime to confusion. Strong measures deemed indispensable, but harsh at best, such men make worse by mal¬ administration. Murders for old grudges, and murders for pelf, proceed under any cloak that will best cover for the occasion. These causes amply account for what has occurred in Missouri, without ascribing it to the weakness or wickedness ol any general. **********

1 do not feel justified to enter upon the broad field you present, as regards the political differences between the radicals and conservatives. From time to time I have done and said what appeared to me proper to do and say. It obliges nobody to follow, and I trust it obliges me to follow nobody. The radicals and conservatives each agree with me in some things, and disagree in others. I could wish both to agree with me in all things, then they would agree with each other, and would be too strong for any foe from any quarter. They, however, choose to do otherwise. I don't question their rights. I, too, shall do what seems to be my duty. I hold that whoever commands in Missouri is responsible to me, and not either to the radicals or conservatives. It is my duty to hear all, but at least I must within my sphere judge what to do and what to forbear.

Gen. Schofield was therefore not removed. On the 28th of September, a few days preceding the election, he issued the following order with regard to voting:

The right of the people to peaceably assemble for all lawful purposes, and the right to freely express their will at the polls according to law, are essential to civil liberty. No interference with these rights, either by violence, threats, intimidation, or otherwise, will be tolerated.

any lawful assemblage of the people, or shall fail to do his utmost to prevent such interference, shall be dismissed from the service; and any officer, soldier or civilian who shall by violence, threats, or otherwise, actually interfere with any such lawful assemblage of the people, shall be punished by imprisonment or otherwise, at the discretion of a court martial or military commission.

Any officer, soldier, or civilian who shall attempt to intimidate any qualified voter in the exercise of his right to vote, or who shall attempt to prevent any qualified voter from going to the polls or voting, shall be punished by imprison¬ ment or otherwise, at the discretion of a court martial or military commission.

The election resulted in a complete victory for the conservative party. There were'three supreme court judges to be elected, and the fortunate candidates were Barton Bates, of St. Charles, W. V. N. Bay, of St. Louis, and John D. S. Dryden, of Marion, all conservatives or union men. Bates' majority over Clover, the unconditional union candidate, was 681. Bates obtained 47,229 votes and Clover 46,548.

An unsuccessful attack on the federal forts under Gen. E. B. Brown, was made at Springfield, January 8, by Gen. John S. Marmaduke. The following is an official account of the battle' from the federal side:

Maj.-Gen. Curtis, General: The enemy attacked us on the eighth. They were about 5,000 to 6,000 strong, with three pieces of artillery, under command of Marmaduke, Burbridge, Shelby, McDonald, and others. They fought from one o'clock till after dark, with desperation, but were repulsed at every advance.

Another engagement was fought at Cape Girardeau on April 26. John H. McNeill held the fort and repulsed the confederates under Marmaduke and Burbridge.

During the last week in August, Gen, Jeff. Thompson, whose stealthy, unexpected movements, rapid marches and desperate charges, had won for him the sobriquet of "The Swamp Fox," was surprised in his office at Pocahontas, Arkansas, and captured by Capt. Gentry, of the 2d Cav¬ alry, M. S. M. Thompson was speedily taken to St. Louis and incarcer¬ ated in Gratiot prison.

Two other events conspire to make 1863 a year forever memorable in Missouri - the issuance of order No. 11 by General Thomas Ewing, and the terrible raid of Joe Shelby.

The first is unparalleled in the history of the rebellion, and marks for¬ ever the 25th of August, 1863, as the dark day in the annals of the war in Missouri. As the order was of such vital moment to the people of western Missouri, we quote its text in full:

First. All persons living in Cass, Jackson, and Bates counties, Missouri, and in that part of Vernon included in this district, except those living within one mile of the limits of Independence, Hickman's Mills, Pleasant Hill, and Harrisonville, and except those in that part of Kaw, township, Jackson county, north of Brush creek and west of the Big Blue, embracing Kansas City and Westport, are hereby ordered to remove from their present places of residence within fifteen days from the date hereof.

Those who, within that time, establish their loyalty to the satisfaction of the commanding officer of the military station nearest their present places of resi¬ dence, will receive from him certificates stating the fact of their loyalty, and the names of the witnesses by whom it can be shown. All who receive such certifi¬ cates will be permitted to remove to any military station in this district, or to any part of the state of Kansas, except the counties on the eastern border of the state. All others shall remove out of this district.

Second. All grain and hay in the field, or under shelter, in the district from which the inhabitant^ are required to remove, within the reach of military sta¬ tions, after the 9th day of September next, will be taken to such stations and turned over to the proper officers there; and report of the amount so turned over made to district headquarters, specifying the names of all loyal owners, and the amount of such produce taken from them. All grain and hay found in such dis¬ trict, after the 9th day of September next, not convenient to such stations, will be destroyed.

Third. The provisions of General Orders No. 10, from these headquarters, will be at once vigorously executed, by officers commanding in the parts of the district, and at the stations, not subject to the operations of paragraph first of this order - and especially in the towns of Independence, Westport, and Kansas City.

Fourth. Paragraph three, General Orders No. 10, is revoked as to all who have borne arms against the government in this district since August 20, 1863.

A feeble attempt at justification has been made by those directly con¬ cerned in the matter, on the ground that the order was the only means by which the people of this district could be protected. It was claimed that the region contemplated in the order was infested by lawless bands of guerrillas, who compelled the inhabitants, irrespective of party, to harbor them, and that many had been driven away; that there were two ways only to relieve the people - largely increase the military force there sta¬ tioned, (which could not then be done, because of sending reinforce¬ ments to Grant, at Vicksburg), or remove them to some other quarter.

But opposed to this, are the statements, that heartless atrocity prevailed in the execution of the order; that it was stark robbery of dearly earned property of hundreds of innocent people'; that women and children, defenseless, and men disarmed, suffered indignities almost incredible; that by giving to the Kansas " red-legs and jayhawkers" all they coveted, it delivered the country of them only to give it into the possession of the "bushwhackers," who continued to rob the mails and passengers; that no aid was extended to these families so rudely expelled; that greater supplies were extorted from them by the federals than the bushwhackers; that few indeed of the families who had accumulated any wealth had fled from the district, and that as a cunningly devised robbery, stupendous in its character, and heartlessly carried out, it worked nothing but a diabol¬ ical outrage.

George C. Bingham, a famous Missouri artist, has rendered this portion of state history upon canvas. The scene presented is not unlike one which Longfellow has painted in " Evangeline," save that there is more of bruta fierceness in it.

In the front of the picture, armed men, with sabres drawn and pistols leveled, are hurrying the terror-stricken families toward their sad march. In the endeavor to save a few of the necessaries of their journey and their long cherished household treasures, all is turmoil and confusion. Desper¬ ate robberies are being committed. Here, a father with infinite rage and nobleness, resents some heartless cruelty or wanton insult, and his sob¬ bing child is torn from his bosom, and death becomes his portion. Lovers are torn ruthlessly asunder. Maidens and mothers are hiding in tears from the gaze of the spoilers. There, a neglected child is trampled beneath the feet of horses. Here, rests the lifeless body of the brave. In the background, the prairies sweep away to the horizon. The sky is aflame with the reflected fires of burning dwelling and barn, and in the distance is seen the slow moving train of wagons bearing impoverished and dis¬ honored people away from home and happiness.

This, though not the desolation of an Acadia, fills the heart with hor¬ ror. The final verdict of history has not yet been written. Those who suffered and those who oppressed, still live. Few, and those only after the lapse of years, have attempted to defend the " order." The pic¬ ture still lives, and its truthfulness is undisputed. In the coming years, those who look upon it must pass the sentence, and those who feel its power to-day cannot fail to foreshadow what that will be.

Shelby's raid was made from the Indian territory through southwes¬ tern Missouri on to Boonville, where great plundering was committed. Thence, he retreated to Arrow Rock, where, on the 12th and 13th of October, Gen. E. B. Brown, with a force of militia, dispersed his com¬ mand, (about 2500 men,) killing, wounding and taking prisoner about 300.

The Missouri legislature held an adjourned session in November of this year, during which an election was held for United States senators to fill the unexpired terms occasioned by the expulsion of Trusten Polk and Waldo P. Johnson. For the term ending in 1867, B. Gratz Brown was chosen, and for that ending in 1869, John B. Henderson. James O. Broadhead received sixty-six votes for the short term and John S. Phelps fortyfour for the long term.