Lincoln County, Missouri - Chapter 6, 1888 (part 3 of 4)

He promised me, upon the honor of an officer and a gentleman, that he would not suffer any arms to be removed from the place without first giving me timely information; and I, in return, promised him that I would use all the force at my command to prevent him being annoyed by irresponsible persons. I at the same time gave him notice that if affairs assumed so threatening a character as to render it unsafe to leave the place in its comparatively unprotected condition, that I might come down and quarter a proper force there to protect it from the assaults of any persons whatsoever, to which he assented. In a word, the Major is with us, where he ought to be, for all his worldly wealth lies here in St. Louis (and it is very large), and then, again, his sympathies are with us.

I shall, therefore, rest perfectly easy, and use all my influence to stop the sensationalists from attracting the particular attention of the Government to this particular spot. The telegraphs you received were the sheerest "canards" of persons who, without discretion, are extremely anxious to show their zeal. I shall be thoroughly prepared with the proper force to act as emergency may require. The use of force will only be resorted to when nothing else will avail to prevent the shipment or removal of arms.

This arsenal, if properly looked after, will be everything to our State, and I intend to look after it - very quietly, however. I have every confidence in the word of honor pledged to me by the Major, and would as soon think of doubting the oath of the best man in the community.

His idea is that it would be disgraceful to him as a military man to surrender to a mob, whilst he could do so. without compromising his dignity to the State authorities. Of course I did not show him your order, but I informed him that you had authorized me to act as I might think proper to protect the public property.

He desired that I would not divulge his peculiar views, which I promised not to do except to yourself. I beg. therefore, that you will say nothing that might compromise him eventually with the general Government, for thereby I would be placed in an awkward position, whilst he would probably be removed, which would be unpleasant to our interests.

Grimsley, as you doubtless know, is an unconscionable jackass, and only desires to make himself notorious. It was through him that McLaren and George made the mistake of telegraphing a falsehood to you.

I should be pleased to hear whether you approve of the course I have adopted, and if not, I am ready to take any other that you, as my commander, may suggest.

Upon the capture of Camp Jackson, and the consequent disastrous collision between some of the United States troops and the people, the wildest excitement prevailed throughout the State. The most sensational reports flew abroad of the brutal murder of men, women and children by an infuriated soldiery, of their charge with fixed bayonets upon an unoffending crowd of citizens, and of their committing the most horrid outrages upon these innocent victims. People in various localities rose to avenge the reported terrible slaughter, and the whole State was in a frenzy of indignation.

Final Efforts Toward Conciliation

Two days after the capture of Camp Jackson, Brig. -Gen. William S. Harney, commandant of the department, returned to St. Louis from Washington, and issued a proclamation, in which he called upon the people to resume their accustomed peaceful vocations, and assured them that he would only use " the military force stationed in this district in the last resort to preserve the peace."

After two more days, Gen. Harney issued a second proclamation in which he characterized the " Military Bill," passed by the recent Legislature, as "an indirect secession ordinance, ignoring even the forms resorted to by other States," and as unconstitutional and void. He spoke approvingly of the overthrow of Camp Jackson, upon . the ground that it had been "organized in the interests of "the secessionists," the men openly wearing the dress and badge of the Southern Confederacy ; and that arms had been received into the camp which had been unlawfully taken from the United States arsenal at Baton Rouge, and shipped up the river in boxes marked "marble." He declared that " no government in the world would be entitled to respect, that would tolerate for a moment, such openly treasonable preparations;" but added that it was but simple justice to suppose that there were many loyal men in the camp who were in no way responsible for its treasonable character. He disclaimed all intention of interfering with the prerogatives of the State, but expressed in plain terms that the " supreme law of the land must be obeyed, and that no subterfuges, whether in the form of legislative acts or otherwise," could be permitted to harass the law abiding people of Missouri. He promised that his authority should be used to protect their persons and property, and that he would suppress all unlawful combinations of men, formed under any pretext whatsoever.

Gen. Harney's policy was to preserve peace as long as it could be done, and the authority of the national Government preserved. Accordingly he held a conference at St. Louis, May 21, 1861, with Gen. Sterling Price, whom Gov. Jackson had placed at the head of the Missouri State Guard, which resulted in an amicable agreement, signed by both generals, which undertook to calm the popular excitement and prevent further bloodshed.

The authorities at Washington disapproved of the Harney- Price compact, and they had already given orders that Capt. Lyon should succeed the former general in command of the department. Before, however, the order for his displacement reached him, Gen. Harney, in consequence of his agreement with Gen. Price, removed the Federal troops from the suburbs of St. Louis, Col. Sigel's regiment remaining at the arsenal. Gov. Jackson and Gen. Price, on their part, disbanded the State troops at Jefferson City and St. Joseph, and ordered them home, there to drill and receive military instruction.

Another conference was held in St. Louis between Gen. Lyon, Col. Frank P. Blair, Jr., and Maj. F. A. Conant, on the one side, and Gov. C. F. Jackson, Gen. Sterling Price and Col. Thomas L. Snead, on the other. The interview lasted six hours, but resulted in nothing except to make the terrible truth evident that their differences could not be peaceably adjusted.

This final effort at conciliation having failed, Gov. Jackson and his associates left for Jefferson City the same night, burning railroad bridges and cutting the telegraph wires behind them.

Proclamation By Gov. Jackson

mation, calling into active service 50,000 State Militia "for the purpose of repelling invasion, and for the protection of the lives, liberty and property of the citizens of this State." He instructed the people that their first allegiance was due to their own State; that they were "under no obligation, whatever, to obey the unconstitutional edicts of the military despotism which had enthroned itself at Washington, nor submit to the infamous and degrading sway of its wicked minions in this State." He declared that no brave and true-hearted Missourian would obey the one or submit to the other ; and he called upon them to rise and "drive out ignominiously the invaders who have dared to desecrate the soil which your labors have made fruitful, and which is consecrated by your homes.'1 This proclamation was the signal for civil war in Missouri, and immediately upon its publication active military movements within the State began.

The Legislature Again

The "Missouri State Guard" bill was before the Legislature, and was meeting with much opposition, when the news of the attack on Camp Jackson so affected the minds of the legislators that they passed the act in less than fifteen minutes.

About 11 o'clock the same night the whole city of Jefferson was aroused by the pealing of bells and the shouts of men summoning the Legislature to the Capitol. There they went into secret session until past 3 o'clock in the morning. The cause of this sudden panic was the reception iA' a telegram, afterward asserted to be bogus, to the effect that 2,000 Federal troope would leave St. Louis that night for the express purpose ^f capturing the Governor, State officers and members of the Legislature, then convened at Jefferson City. To prevent this anticipated raid the railroad bridge across the Osage River was burned, and the next day 12,000 kegs of powder were Benl oil' in wagons to secret places of safety, while the money in the State Treasury was moved out of town to keep it out of the hands of the expected marauders. When the truth became known, comparative quiet was restored.

In accordance with the power conferred upon Gov, Jackson by an act of the Legislature before mentioned, lie appointed Sterling Price major-general of the Missouri State Guard

On the day before the final adjournment. Mr. George G. Vest, now a resident of Kansas City and a United States senator, made the following report to the House of Representatives from the Committee on Federal Relations.

Whereas, We have learned with astonishment and indignation that troops in the service of the Federal Government have surrounded and taken prisoners of war the encampment of State militia lately assembled near the city of St. Louis, in pursuance of law and by command of the Governor, for the purpose alone of military instruction; And Whereas, The United States troops aforesaid, assisted by a mob armed under Federal authority, have also murdered with unparalleled atrocity, defenseless men, women and children, citizens of Missouri, lawfully and peacefully assembled. Now, therefore, lli.sniwi hy the House of Bepre§entatii>eet tht Senate concurring therein, That we, the representatives of the people of Missouri, in genera] assembly convened, do hereby protest to the civilized world, and especially our sister States, against this Illegal, unchristian and inhuman violation of our rights by the capture of our militia, assembled under the constitution of the United States, and the constitution of the State, and the murder of our defenseless people;

Hesolred, Second, That whilst Missouri has been loyal to the Government, struggling for its reconstruction, and is now sincerely desirous of an honorable adjustment of existing difficulties, she has received as reward for her fidelity from persons assuming to act under Federal authority, unparalleled insult and wrong. An armed despotism, under infuriated partisan leaden, lias been inaugurated in our midst, controlled by no law but passion, and actuated by the deepest hate against the people of Missouri and their institutions. ( )ur railroads are now under military occupation. The steamboat " C. K. Ililman" engaged in transporting goodl from the city of St Louis to the city of Nashville, has been seized by Government troops within the jurisdiction of this State, and the cargo taken out. The capitol of the State is openly threatened with capture, and our session is now being held in the midsl of armed citizens hastily assembled for defense.

State to arm. equip and organize her militia for defense against aggression from any quarter; and the attempt by Capt. Lyon, acting, as he says, under authority from Washington, to use the exercise of this right as an excuse for his conduct, evinces but too clearly a disposition upon the part of the authorities at Washington to disregard and trample upon the sacred rights of the people of Missouri.

Resolved, Fourth, That the charge of Capt. Lyon in his letter to Gen. Frost, that the proceedings of the State authorities or of this general assembly, at any time, furnished a pretext for the course pursued by him, is entirely gratuitous and false.

Resolved, Fifth, That the Governor of the State be hereby directed to make demand of the President of the United States, whether these outrages have been authorized by the Government, and for the immediate return of the arms. camp equipage and other property belonging to this State, lately taken from our military near St. Louis, and for the unconditional release of our State troops.

Resolved, Sixth, That the Governor be requested to take instant action by calling forth the militia of the State for the purpose of defense; and that the

Resolved, That the governor be requested to furnish a copy of the foregoing preamble and resolutions to the President of the United States, and to the Governor of each of the States.

That these resolutions were passed in the House without a single dissenting vote is an evidence of the extraordinary excitement which prevailed, not only among the people, but also in the Legislature.

Immediately upon the adjournment of that body, Gov. Jackson and the larger part of the State officers abandoned the capitol, believing that delay would probably result in their falling into the hands of the United States militia and becoming prisoners of war. In September Gov. Jackson issued a proclamation, calling the General Assembly to meet in extra session at Neosho, Newton County, on the 21st day of October. At the time this official act was performed the Governor was a fugitive from the State capitol, and the State Convention, on the 31st of July, had declared his seat vacant, together with those of the members of the Legislature; and on the same day had invested Hamilton B. Gamble with the authority and obligations of Governor of Missouri.

Gov. Jackson's proclamation declared that the United States authorities had " - in violation of the constitution of the United States, waged a ruthless war upon the people of the State of Missouri, murdering our citizens, destroying our property, and, as far as in their power lay, desolating our land. I have in vain endeavored to secure your constitutional rights by peaceable means, and have only resorted to war when it became necessary to repel the most cruel and long-continued aggressions. War now exists between the State of Missouri and the Federal Government, and a state of war is incompatible with the continuance of our union with that Government. Therefore, for the purpose of giving to the representatives of the people of Missouri an opportunity of determining whether it be proper now to dissolve the constitutional bonds which binds us to the Government of the United States, when all other bonds between us are broken, I, Claiborne F. Jackson," etc.

House and ten members of the Senate assembled at Neosho in October. The proceedings of the Senate, afterward captured, show that during the first few days nothing was done but bring in absent members. In order to consitute a quorum there must have been present sixty-seven members of the House and seventeen members of the Senate. As it was impossible to muster that number, Gov. Jackson's message was read to those who were present. He recommended the passage of an ordinance of secession, and also the passage of a law authorizing the election of senators and representatives to the Confederate Congress.

An act, declaring the union between Missouri and the United States dissolved, passed both houses of this fragmentary Legislature, and as far as that body was concerned the connection between the State and the general Government was broken. This Senate met again at Cassville, Barry County, October 31, 1861, and November 7, adjourning to meet at New Madrid on the first Monday in March, 1862; but that meeting was never held. Gov. Jackson's death occurred December 6, 1862, at a farmhouse on the Arkansas River opposite Little Bock.

On the 31st of July, 1861, this body elected Hamilton R. Gamble, Willard P. Hall and Mordecai Oliver, respectively Governor, Lieutenant-Governor and Secretary of State, to succeed Claiborne F. Jackson, Thomas C. Reynolds and Benjamin F. Massey, whose seats had been declared vacant.

At another session held in St. Louis, and beginning October 10, 1861, the board of public works and the offices of State superintendent of public schools and county school commissioners were abolished, the salaries of all civil officers were reduced 20 per cent, and test oaths of loyalty for civil officers and citizens were authoritatively promulgated.

On June 2, 1862, the convention assembled at Jefferson City, declared vacant the seats of Sterling Price, late president of the convention, and of others who had joined the secessionists; laid upon the table an ordinance offered by Mr. Breckinridge providing for the gradual emancipation of the slaves in the State; passed an ordinance continuing the provisional government until August,

1864, at which time, according to arrangements already made, their successors would be elected and qualified, and provided that no person should vote at any election thereafter held in the State, under its constitution and laws, who should not previously take the following oath: lf do solemnly swear (or affirm as the case may be) that I will support, protect and defend the constitution of the United States, and the constitution of the State of Missouri, against all enemies or opposers, whether domestic or foreign; that I will bear true faith, loyalty and allegiance to the United States, and will not, directly or indirectly, give aid or comfort, or countenance to the enemies or opposers thereof, or of the provisional government of the State of Missouri, any ordinance, law or resolution of any State convention or Legislature, or of any order or organization, secret or otherwise, to the contrary notwithstanding; and that I do this with a full and honest determination, pledge and purpose, faithfully to keep and perform the same, without any mental reservation or evasion whatever. And I do solemnly swear (or affirm) that I have not since the 17th day of December, A.D. 1861, wilfully taken up arms, or levied war against the United States, or against the provisional government of the State of Missouri, so help me God.

On June 15, 1863, pursuant to a proclamation from Got. Gamble, the convention met to devise measures for the gradual emancipation of the slaves. Without especially noting the action of the convention on the various propositions submitted, or the several amendments to these propositions, it is enough to say that on July 1, the fifteenth day of th»j s.'>sion. the ordinance as amended was passed. It is as follow

Sec. 2. That slavery and involuntary servitude, 6X( I pt for the punishment of crime, shall cease to exist in Missouri On the Ith day of .Inly. 1870, and all slaves within the State at that day are hereby declared tO be free; I ><l. koto* -

That all persons emancipated by this ordinam shall remain under the control, and be subject to the authority of their late owners or their legal representatives, as servants, during the following period, to wit: Those over forty rears for and during their lives; those under twelve yean of age until they arrive at the age of twenty-three y< ars, and those of all other ages until the Ufa of .Inly. 1870 The persons or their legal representatives, who. up to t lie in unent of t he emami pation were the owners of the Blaves thus freed, shall, during the period for Which the services of such freed men are reserved to them, have the same an thorityand control over the said freed men for the purpose of ' Ihg th( | ft.

session and service of the same, that are now held absolutely by the master in respect to his slave. Provided, however, That after the said 4th day of July, 1870, no person so held to service shall be sold to a non-resident of, or removed from the State of Missouri, by authority of his late owner or his legal representatives.

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 hereafter brought into this State by their owners, shall thereupon be free.

Wednesday, July 1. 1863, the convention, after having held various sessions, since its first meeting. February 98, 1861, adjourned sine die.

In connection with the emancipation measures of the State of Missouri, it may not be amiss togiye a brief recital of the various means by which slavery in the United States was finally obliterated.

President Lincoln's policy was for some time criticised as timid and slow. His more hardy and aggressiye advisers demanded that the negroes be cither emancipated or declared contraband of war at one the Southern armies could never be the Union, and recognition by the N.»rth as an independent, sovereign power, he issued a provisional proclamation of emancipation on September 22, L862. On the Nt of January, 1868, the

President issued one of the most important documents of modern times - the emancipation proclamation. This could have been defended throughout the world as an act of progressive and civilized humanity, but it was in reality a war measure, it having become necessary to strike an effective blow against the labor system at the South, and as such was fully sanctioned by the laws and usages of nations. This proclamation is here given in full:

WnEREAS, On the 22d day of September, 1862, a proclamation was issued by the President of the United States, containing among other things the following, to wit:

" That on the 1st day of January, 1863, all persons held as slaves within any State, or designated part of a State, the people whereof shall then be in rebellion asrainst the United States, shall be then, thenceforward and forever free, and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they make make for their actual freedom.

"That the Executive will, on the 1st day of January, aforesaid, by proclama" tion, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States, and the fact that any State, or the people thereof, shall on that day be in good faith represented in the Congress of the United States by members chosen thereto, at elections wherein a majority of the qualified voters of such State shall have par* ticipated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State and the people thereof are not then in rebellion against the United States."

Now, therefore, I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as commander in chief of the army and navy of the United States, in time of actual armed rebellion against the authority and Government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this 1st day of January, 1863, and, in accordance with my purpose so to do, publicly proclaim for the full period of 100 days from the day first above mentioned, order and designate, as the States and parts of States wherein the people thereof, respectively, are this day in rebellion against the United States, the following, to wit:

Arkansas, Texas, Louisiana (except the parishes of St. Bernard, Plaquemine, Jefferson, St. John. St. Charles, St. James, Ascension, Assumption, Terre Bonne, Lafourche, St. Mary, St. Martin and Orleans, including the city of New Orleans), Mississippi, Alabama, Florida, Georgia, South Carolina, North Carolina and Virginia (except the forty-eight counties designated as West Virginia, and also the counties of Berkley, Accormac, Northampton, Elizabeth City, York, Princess Ann and Norfolk, including the cities of Norfolk and Portsmouth), and which excepted parts arc, for the present, left precisely as if this proclamation were not issued.

And by virtue of the power and for the purpose aforesaid I do order and declare that all persons held as slaves within said designated States and parts of States are and henceforward shall be free ; and that the Executive Government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of such persons.

And I hereby enjoin upon the people so declared to be free, to abstain from all violence, unless in necessary self-defense, and I recommend to them that in all cases, when allowed, they labor faithfully for reasonable wages.

And I further declare and make known, that such persons of suitable condition will be received into the armed service of the United Stales to garrison forts, positions, stations and other places, and to man vessels of all sorts in said service.

And upon this act, sincerely believed to be an act of justice, warranted by the constitution, upon military necessity, I invoke the considerate judgment of mankind and the gracious favor of Almighty God.

Done at the City of Washington, this first day of January, [l. s.] in the year of our Lord one thousand eight hundred and sixtythree, and of the Independence of the United States the eightyseventh. Abraham Lincoln. By the President:

As the State of Missouri was loyal to the Union, and was at the time of the proclamation represented in Congress by her chosen representatives, the provisions of that document had no effect upon slavery within her borders. As has been seen, the people of the State, through their legislators and their State convention ordinances had adopted emancipation, but that action was superseded by the Thirteenth Amendment to the constitution of the United States, which was ratified by thirty-three States, including Missouri, ratified conditionally by Alabama and Mississippi, and rejected only by Delaware and Kentucky. As the permission of three-fourths of the States was all that was necessary for the adoption of the amendment, it was declared in force by President Johnson in 1805, although Lincoln himself lived to see it proposed. It is as follows:

Article Xiii

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Thus, after an existence of more than two hundred and forty years, the institution of African slavery in the United States was swept away. Although it was the purpose of the general Government to discriminate carefully between Union and non-Union slave holders, and to sufficiently indemnify the former class against all losses occasioned by the freeing of their slaves, yet in many cases loyal men were ruined financially in this great overthrow of Southern institutions, and all classes suffered together.

armed, possessed of but a single piece of artillery, undisciplined, and deficient in organization and competent officers , yet they were eager to meet the troops, which under command of Lyon and Blair were coming up the river to attack them. On the eve of battle, Price was taken seriously ill, and was obliged to go home; therefore the Confederates marched under command of Col. John S. Marmaduke, to meet the advancing column of Lvon's forces. The latter had disembarked at Rocheport, and were advancing with six pieces of artillery in the direction of Boonville, when they encountered the State troops about midway between the two places. Capt. Totten, of the Unionists, opened the engagement by throwing a few nine-pounder explosives into the State ranks, while the infantry of the former filed obliquely, right and left, and commenced a terrific volley of musketry, which was at first vigorously returned. Col. Marmaduke was stationed in a lane, leading toward the river from the road by which the United States troops were advancing, and in a brick house on the northeast corner of the two roads. A couple of shells were thrown into the house, dispersing the State troops in great confusion. This, together with the well-directed fire of the infantry from the right and left, soon forced CoL Rfarinaduke's men to fall back, but they again formed in line of battle, and advanced a few feet to meet the Union forces. The cannon were now brought into requisition, and the State troops opened a galling musketry fire from a grove on tin4 Left of Lyon's center, and from a shed still further to the left.

The skirmish now became a battle. Lvon's force was 2,000 in all, but not more than 500 were at any one time engaged. There were 1,500 of the State troops, but neither were they all continually in the conflict. Lyon brought his artillery to bear with deadly effect, and a forward movemenl on the right decided the engagement, the State forces retreating in great disorder. Such was the confusion of this retreat that this battle is often jocularly styled " the Boonville Races. M

The Federal forces took possession of "Oamp \ resi " and the city of Boonville. At the former there were found twenti or thirty tents, fifty guns, a large number <>f shoes and other doth mg, a quantity of blankets and ammunition and two Becessioo flags.

The lead mines in the southwest part of the State became an object of great importance to the Confederate Government, which, hoping to secure them, dispatched large bodies of troops from Arkansas and Texas. On July 5, a scouting party, sent out by Col. Franz Sigel, encountered, about two miles from Carthage, a picket guard of the State troops, who were taken prisoners. As soon as possible Col. Sigel prepared to advance, expecting to find the State troops some distance west of the town. About half-past 0 o'clock the armies met in an open prairie. seven miles beyond Carthage. The State forces numbered perhaps o.OOO men, mostly cavalry, but had a battery of five cannon. Col. SigeFs command comprised his own regiment of two battalions, and Col. Salomon's detached regiment, with several pieces of artillery, under command of Maj. ]$ackotf. Col. Sigel's and OoL Salomon's men numbered together 1,100. Gens. Parsons and Rains wviv in command of the State troops. Maj. Backoff, by direction of Col Sigel, opened fire, and in less than advance as quickly as possible. By keeping up an incessant fire with the infantry, and using the artillery whenever practicable, Sigel managed to retard the advance of the cavalry, and to fall back in good order, some three and a half miles, to the baggage train. The wagons were then placed in the center of the column in such a manner that there were artillery and infantry forces both in front and rear. At this the State forces retreated, and attempted to surround the entire column, taking a position upon some bluffs overlooking a creek. There was but one road across this stream, and, to change his position without further retreat, it was necessary for Sigel to cross the hill where the State cavalry were mainly stationed.

Maj. Backoff ordered two of the artillery pieces in front to oblique to the left, and two to the right, and at the same time a corresponding movement was made from Sigel's battalion. This maneuver led the State troops into the belief that the Federals were seekiDg to outflank their cavalry. Accordingly the forces on the bluffs closed up to the right and left, when, on reaching a point 300 yards from them, Backoff's artillery was ordered to transverse oblique, and immediately opened a terrible cross-fire with cannister. At the same time the Federal infantry charged at double quick, and in ten minutes the S^ate troops were dispersed in every direction.

This engagement, with the maneuvering, occupied about two hours. The State cavalry were poorly armed and mounted, and having no cannon on the bluffs could make but little resistance to the attacks of Col. Sigel. Forty-five men and eighty horses were taken by the Federals, also a quantity of double-barreled shotguns and some revolvers and bowie-knives. The loss of the State troops was estimated at 250 or 300 men. However these forces still prevented Sigel's advance over the creek, and that officer was compelled to retreat in the direction of Carthage, the State troops following and surrounding the column on three sides, although kept at a distance by the infantry fire.

Sigel's command reached Carthage at half past six o'clock, and at once attempted to enter the woods about a mile distant. This movement the State cavalry resisted, knowing that they could do nothing in the timber. An effort to rally the cavalry to a charge was made, which brought the whole of Sigel's infantry into action. After some hard fighting that officer got his men into the woods and forced the State troops to relinquish the pursuit. The latter returned to Carthage intending to renew the battle in the morning. In this last engagement the State troops lost ten killed and sixty-four wounded. The dispatchers of Col. Sigel placed his loss during the whole day at thirteen killed and thirty-one wounded.

Notwithstanding the terrible fatigue of the day- his men having been in action nearly twelve hours - Sigel continued his retreat. A forced march was made to Sarcoxie, in the southeast corner of the county (Jasper), a distance ^( twelve or four- teen miles. There the Federal troops went into camp at 3 o'clock in the morning. On the following afternoon the retreat was continued to Mount Yernon, Lawrence County, where, for a time, Sigel established his headquarters.

The Western Department

On July 3, 1861, the Western Department was created, comprising Illinois and the States and Territories west of the Mississippi and east of the Rocky Mountains, including New Mexico. The headquarters of this department were at St. Louis, where, previous to its establishment, Gen. Harney, and, afterward, Gen. Lyon, were in command. Gen. John C. Fremont, who was a sonin-law of Senator Benton, and had been a candidate for the presidency in 1850, was appointed to the command of the new department, and assumed the duties of his office on the 26th of July.

The authorities at Washington, perplexed by the disastrous defeat at Bull Ilun, were so absorbed with the defenses of the National Capital, and with military operations at the East, as to be unable to give necessary aid to the Western Department. Fremont finally obtained §100,000 from the National sub-treasurer at St. Louis, with which he proceeded to secure the re-enlistment of many of the three months' men. whose terms had expired, and to fortify the city against any probable attack. Harassed by a lack of resources, Fremont was soon placed in a dilemma, occasioned by the exigencies of the campaign in Missouri. The Confederate general, Pillow, was reported to be advancing with a large number of troops against Cairo and Bird's Point, while Gen. Hardee was pushing into the interior of Missouri to annoy Gen. Lyon's flank and rear. In addition to all this, Lieut. - Gov. Reynolds, Gov. Jackson being temporarily absent, elated with the Confederate victory at Bull Bun, issued a proclamation to the people of Missouri, in which he alluded to the State convention as merely a tool in the hands of their enemies, assured them that peace and security could only be obtained through union with the South, and called upon them to rally as one man to the standard of the State, and aid Gen. Pillow in expelling the invader from their borders.

secure Bird's Point against the attack of Gen. Pillow, but upon sending an expedition to that place, found that the menace against it was merely intended as a diversion.

Meanwhile, after the battle of Boonville, Gen. Lyon, with a force of nearly 3,000 men, four pieces of artillery and a long baggage train, left that place, and followed in pursuit of the State troops, who were reported to have fled to Syracuse and beyond. At Grand Biver, a branch of the Osage, in Henry County, he was reinforced by 3,000 Kansas troops under command of Maj. S. D. Sturgis. When within eighty miles of Springfield, Lyon heard of Sigel's battle at Carthage and determined to change his course and march to his relief. Notwithstanding the intensely hot weather, and the fatigue of his infantry, early on the morning of July 10 Lyon's army moved from their encampment and forced their way among the hills, gorges and forests that lay in their path. After they had proceeded fifty miles, a messenger from Sigel brought definite information of the desperate encounter at Carthage, and that Sigel's little army was now at Springfield. Therefore Lyon, marching more leisurely, accomplished the remaining thirty miles of the journey in two days.

Encamped near Springfield, he now prepared to meet the enemy who were his superior in numbers and constantly increasing. It was now that he repeatedly called upon Gen. Fremont for those reinforcements which the latter failed to supply.

Near the close of July, Gen. Lyon was informed of the concentration of the Confederate forces at Cassville, and of their design of attacking his camp. Therefore, although their numbers were much greater than those of his army, he determined to anticipate their attack by an advance of his own troops. Late on the afternoon of August 1, his entire army, consisting of 5,500 foot, 400 horse and 18 guns, moved tow aid Cassville and bivouacked that night on Cave Creek, ten miles south of Springfield. The next morning they marched to Dug Springs, in Stone County, nineteen miles southwest of Springfield. Here they encountered and defeated a body of Confederates under Gen. Rains.

Crane Creek, in the northern part of Stone County. Believing that Lyon's army was much larger than their own, a disagreement arose between Price and McCulloch as to the expediency of an advance toward Springfield, the former counseling a forward, and the latter a retrograde movement. Finally an order was received from Maj.-Gen. Polk, ordering an advance upon Lyon. A council was at once held, in which McCulloch expressed his willingness to march upon Springfield, provided he were granted the chief command. Price, to whom that distinction, perhaps, rightfully belonged, consented to the terms of McCulloch, hoping that Lyon might be defeated, and driven from the State. A little after midnight on Sunday, August 4, they took up the line of march, and reached Wilson's Creek, ten miles southwest of Springfield, on the 9th. Here they encamped, determining at 9 o'clock that night to march in four separate columns against Springfield, surround the place, and begin a simultaneous attack at daybreak. A threatened storm caused Gen. McCulloch to countermand his order, and morning found his entire army, consisting of 5,300 infantry, fifteen guns, and 6,000 cavalry, besides a large number of unarmed horsemen, encamped upon the field. But the night was neither too dark nor stormy for Gen. Lyon. At 5 o'clock P. M. of August 9, he marched in two columns from Springfield, making a detour to the right, and notwithstanding the darkness and storm at 1 o'clock found himself within sight of the Confederate guard fires. Here he called a halt, and his soldiers lay on their arms until dawn, when they formed in battle line and advanced. Lyon's effective force was 5,200 men, including infantry and cavalry, and three batteries of sixteen guns. The two columns of the Federal army were commanded by Lyon and Sigel, and their early attack was a complete surprise to the Confederates, McCulloch, trusting for security to the darkness and storm, having withdrawn his advanced pickets.

The Federal forces in command of Lyon formed a line of battle at daybreak, closely followed by Totten's battery, supported by a strong reserve, and with skirmishers thrown out in front. After driving in the enemy's outposts, a ravine was crossed and a high ridge gained, when a large force of the Confederate skir- mishers came in view. Very severe fighting eDsued, and it became evident that Lyon's column would soon reach the stronghold, where the main battle would take place. A few shells cleared the front, and the First Missouri and First Kansas moved forward, supported by the First Iowa and Totten's battery. The Second Kansas, Capt. Steele's battalion and Lieut. Dubois1 battery, were held in reserve, so as to bear upon a powerful battery of the enemy, which was stationed in front, on the opposite side of Wilson's Creek. The Confederates now rallied in large force near the foot of the slope, opposite Lyon's left wing, and along the slope in his front and to his right. During this time, Capt. Plummer, with four companies of infantry, had moved down a ridge a few hundred yards to Lyon's left, and found at its terminus a large body of the enemy's infantry, which arrested further progress in that direction. Directly artillery firing was begun at the point, about two miles distant, where it was expected that Sigel's column would encounter the enemy.

Lyon's whole line now moved with great impetuosity toward the Confederate position; and the roar of musketry increased and became continuous. Totten's battery came into action, as the nature of the ground would permit, and made great havoc in the opposing ranks. After half an hour's fierce fighting the Confederates retired in great confusion, leaving Gen. Lyon in possession of the field. Meanwhile, Capt Plummer had been compelled to fall back, but Lieut. Dubois' battery, supported by Capt, Steele's battalion, opened upon the enemy in that direction, and soon drove them from the cornfield, where they hail intrenched themselves. There was now a momentary cessation o{ firing along the whole line, except on the right, where the First .Missouri was still engaged against superior numbers. The Second Kansas was ordered in the support of this regiment, which must otherwise have been destroyed while unflinchingly holding its position. During this time Capt Steele's battalion, which had been detailed to the support of Dubois1 battery, was brought forward to the support of Totten's. and soon the Confederate force reappeared along Lyon's entire front, marching toward each flank. The battle again began with great fury, and became general along the whole line. The ranks of the opposing sides were sometimes within thirty or forty yards of each other, when charges upon Totten's battery were made. For more that an hour the conflict was carried on with great slaughter on both sides, and so equally balanced were the opposing forces that neither were gaining any decisive advantage.

Early in this desperate engagement. Gen. Lyon's horse was killed, and he himself received a wound in the leg and one in the head. He then mounted another horse, and, swinging his hat, called upon the nearest troops to follow him. The Second Kan- Bas gallantly responded, but their commander, Col. Mitchell, soon fell severely wounded, and, at about the same time. Gen. Lyon received a mortal wound in or near the heart Maj. Sturgis then succeeded to the command. The Confederates had been battle, during which Sturgis summoned his officers for a consultation. Lyon9S column had been dreadfully shattered, and the leader killed. For Dearly thirty hours tin' men had been without water-, and a BUpply could Qoi be had short ol' Springfield, which was ten or twelve miles away. Their ammunition was of a h«a\\ column from tic direction whence Sigel's guns had been at first heard. These troops carried a banner resembling the American flag, and their dress resembled that of Siirel's brigade. Hoping to effect a junction with that officer, Sturgis for such they were, displayed their true colors, and the fiercest engagement of the day immediately commenced along the entire Union lilies. Totten's battery, in the center, supported by the Iowa and regular troops, was the main object of attack. The Confederates were often within twenty feet of the battery, and the smoke of the opposing lines was so intermingled as to appear made by the same guns. Notwithstanding the complete rout of the Confederate front, they continued to hold the field. Finally, therefore, the Federal forces were ordered to retreat. They moved slowly to the open prairie, about two miles from the battlefield, and thence to Springfield, which they reached at 5 o'clock that afternoon. Their total loss was 223 killed, 721 wounded, and 292 missing.

Sigel's column, in the meantime, had marched within a mile of McCulloch's camp at daybreak, and planted four pieces of artillery on the left, the infantry advancing toward the point where the Fayetteville road crosses Wilson's Creek, and the two cavalry companies guarding his right and left. His artillery fire was so destructive that the enemy were soon driven from their tents, and retired toward the northeast part of the valley. The Third and Fifth Missouri Infantry (Union) had passed the creek, and formed almost in the center of the camp, As the enemy were now rallying in front, Sigel ordered the artillery to be brought forward and formed in battery ^across the valley, with the Third and Fifth to the left, and the cavalry to the right. At the end of half an hour the enemy retreated into the woods and up the adjoining hills. By the firing in the direction of Gen. Lyon's column, it now became evident that he had engaged the enemy along the whole line; therefore, to give him the greatest possible assistance, Sigel left his position in the camp and advanced to attack the enemy's line of battle in the rear. In pursuance of this design, Sigel' s column struck the Fayetteville road, and, following it to Sharpe's farm, planted his artillery on the plateau, and the two infantry regiments on the right and left, across the road, while the cavalry was stationed on its flanks. The firing in the direction of Lyon's column had then almost entirely ceased. Supposing that Lyon had repulsed the Confederates, and that his forces were coming up the road, the commanders of the Third and Fifth Kegiments gave orders not to fire upon troops advancing from that direction. Very unexpectedly, two Confederate batteries opened fire upon them, one in front on the Fayetteville road, and the other from the hill, where it was supposed Lyon's forces were victorious, while a strong column of infantry, mistaken for the Iowa regiment, advanced from the Fayetteville road and attacked Sigel's right. Consternation and frightful confusion at once ensued. Sigel's men, thinking that by some mistake Lyon's troops were firing upon them, could hardly be induced to serve their guns until it was too late. The Confederates arrived within a few paces of Sigel's cannon, killed the horses, turned the flanks of the infantry, and forced them to fly. In this retreat Sigel lost five cannons, of which three were spiked, and the colors of the Third Regiment. The total Federal loss was 258 killed, 873 wounded, and 186 missing; in all, 1,317. The Confederate loss was 279 killed, 951 wounded, and 68 prisoners; total, 1,298. Upon the arrival of the shattered Federal forces at Springfield, the command of the whole was entrusted to Col. Sigel, who ordered a retreat to Holla, Phelps County, 125 miles distant. The retreating army reached this place, August 19, having safely conducted a government train five miles in length, and valued at $1,500,000.

After the Federal defeat at Wilson's Creek, Gov. Gamble issued a proclamation calling into service 42,000 of the State militia to serve for six months, unless peace in the State should be sooner restored.

Martial Law Declared

Gen. Fremont, on the 30th of August, inaugurated a new remedy for the lawlessness which prevailed, and the almost absolute impotence of the civil authority. He declared martial law and appointed J. McKinstry, major United States army, provostmarshal-general of the State.

Capture Of Lexington

Contrary to the expectations of both armies, McCulloch and Price failed to pursue their victory at Wilson's Creek by following Sigel in his retreat to Holla, and McCulloch soon left Missouri with all his forces. Taking advantage of the favorable impression made upon the people by his success, Gen. Price issued a proclamation in which he declared that his army had been organized for the maintenance of the rights, dignity and honor of Missouri, and was kept in the field for these purposes alone. The citizens of the State now flocked to his standard in considerable numbers, and in a few weeks he had collected a large force. He now pressed northward across the State to Lexington, on the Missouri River. This place was defended by a force of Federals, 2,600 Btrong, oommanded by Col. Mulligan. In anticipation of an attaok, intrenchments bad been thrown upon Masonic College Hill, an eminence overlooking the Missouri River. Mulligan's fortifications were most skillfully planned, but his men bad only about forty rounds of ammunition each, six small brass cannon and two howitzers, the latter of which were useless because of the lack of shells. At dawn of September T_!, Gen. Price drove in the Union pickets, and, from a position within easy range of Mulligan's intrenchments, opened a cannonade from four different points. The assault and defense were kept up during the entire day, when Price withdrew to await the arrival of his wagon train and reinforcements. Mulligan's men worked night and day to strengthen their fortifications, and anxiously expected reinforcements, for which a courier had been dispatched to Jefferson City. This messenger was captured on the way and, of course, no relief came.

On the morning of the 18th Gen. Price, who had been reinforced, and now had from 15,000 to 25,000 men, began a final attack upon Mulligan's works, cutting off the communication of the beleaguered garrison with the city, stopping their supply of water, seizing a steamboat laden with stores, and occupying a building which commanded the positioif of the Union forces. A most stubborn defense was made, which continued for fiftytwo hours. During the afternoon of the 20th Gen. Price procured numerous bales of hemp, and with these, wetted to resist hot shot, he caused movable breastworks to be constructed, behind which a large body of the Confederates advanced within ten rods of Mulligan's works. The latter officer saw that further resistance was madness. To retreat was impossible. His men had no water except that which had been caught in blankets during a passing shower, and afterward wrung out; and the stench from the carcasses of horses and mules killed within the intrenchments was insufferable. Accordingly the white flag was raised, and the siege of Lexington was ended. The men laid down their arms and became prisoners of war. As the fruits of this victory there fell into the hands of Gen. Price six cannon, two mortars, over 3,000 stand of infantry arms, a large number of sabers, about 750 horses, wagons, teams, ammunition, and

$100,(100 worth of commissary stores. On the Union side 40 men were killed and 120 wounded. The Confederate loss was 20 killed and 65 wounded.

Fremont In The Field

Gen. Fremont, deeply chagrined at the Federal reverses, and fearing that Gen. Price would advance upon the State capital, or intrench himself at some central point upon the Missouri River, determined to take the field in person, with the hope of defeating Price before McCulloch, who had been recruiting troops in Arkansas, could return to his aid. With this intention he directed toward Southwestern Missouri an army of more than 20,000 men, arranged in five divisions, under command of Gens. Hunter, Pope, Sigel, McKinstry and Asboth. These troops were accompanied by eighty-six pieces of artillery, many of which were rifle cannon. On the 28th of September Fremont, with his famous body-guard, commanded by Maj. Zagonyi, a Hungarian, reached Jefferson City, and commenced vigorous measures to overturn the plans of Gen. Price, and drive him from the State. On the 30th of the month Price abandoned Lexington, leaving a small force of 500 men to guard such prisoners as had not been paroled. On the lGfch of October Maj. White, with his "Prairie Scouts," consisting of 185 cavalry men, surprised this garrison releasing the Union prisoners, capturing seventy of the Confederates, and dispersing the rest. He then rejoined Fremont's army.

Maj. White was now ordered by Gen. Sigel to reconnoiter near Springfield, and if advisable to attack the Confederate force in camp there. The major was seriously ill at the time, but immediately set his command in motion, accompanying them in a carriage.

On the evening of the same day, October 21, he was overtaken by Maj. Zagonyi, with the " body guard, " and he, under orders from Fremont, took command of the combined force. The Confederates, mostly cavalry, and numbering something more than 1,000, were encamped about a mile west of Springfield, on the Mount Vernon road, and were under command of Lieut. -Col.

Oloud The attack of Zagonyi proved a complete surprise. His men dashed down a Lane under fire of the enemy, who had hastil] formed a Line along its north side. At this first onset a large number of the Confederates ran in every direction, but the remainder Btood their ground. The Union soldiers swept past the Confederate camp, demolished a rail fence, entered the field where the enemy then were, and formed inline in a ravine about 200 \ ards away. They again charged with drawn sabers, but were repulsed with considerable loss. Falling back to the ravine thev repeated the charge a second and third time with a like result. The lTnion loss in the engagement was Zagonyi's "body guard," 15 killed, 27 wounded and 10 taken prisoners - 52; White's "Prairie Scouts" killed, wounded and prisoners, 33; total 85.

Gen. Fremont was just upon the eve of an attack upon Price, who. it was reported, reinforced by McCulloch, was moving on Springfield with 40,000 men, when he was superseded by Gen. Hunter. The latter, after retreating to St. Louis, was in turn superseded by Gen. Halleck on the 18th of November.

The Confederate general, Polk, acting under orders of his government, had, notwithstanding that State's neutrality, entered Kentucky with an army, and had captured the town of Columbus. Batteries planted here commanded the Mississippi. The Confederates gathered in force at Belmont, on the opposite bank. In order to dislodge them, Gen. Fremont sent Gen. Ulysses S. Grant, with a brigade of 3,000 Illinois and Iowa troops, into Missouri by way of Cairo, On the 7th of November, Grant made a vigorous and successful attack on the Confederate camp, bu t Gen. Polk sent reinforcements across the river, the guns of Columbus were brought to bear on the Union position, and Grant was obliged to retreat. The total loss on the Federal side was 108 killed, 353 wounded and 121 missing; total, 582. The Con-

In addition to the engagements already described, quite a large number of raids, surprises and skirmishes - some of them important enough to be accounted battles - occurred in Missouri during 1861. They will be found mentioned in chronological order in the list of battles on another page.

The Campaign Of 1862

The beginning of the year found Missouri comparatively quiet. Gen. Price had concentrated about 12,000 men at Springfield, intending to remain there all winter, but Gen. Halleck massed his forces, comprising the troops of Asboth, Sigel, Davis and Prentiss, at Lebanon, under command of Gen. Curtis. On February 11 this army moved against Springfield, and on the following night Gen. Price retreated to Cassville. Curtis pursuing him, he withdrew still further across the Arkansas line to Cross Hollows, thence to Sugar Creek, where, reinforced by McCulloch, he gave battle, and was defeated February 20. Price again retreated to Cove Creek, and then halted, leaving Missouri with no large organized Confederate force within her borders. Nevertheless, it was evident that the rebel general, sheltered in the defiles of the "Boston Mountains," was only gathering strength for more vigorous operations; therefore Curtis retraced his steps, and fell back to Pea Ridge, among the mountains in the northwestern part of Arkansas. Here he received intelligence that Price and McCulloch had been reinforced by Gen, Van Dorn, and that their combined force under command of the latter officer would soon attack his position.

Battle Of Pea Ridge An Elkhorn Tavern

This engagement commenced on the morning of the 6th of March, 1862. The Confederate force aggregated about 25,000 men as follows: McCulloch's troops from Arkansas, Louisiana and Texas, 13,000; Gen. Pike's command, consisting of Choctaw, Cherokee, Chickasaw and other Indians, and some white troops, 4,000; Price's Missouri troops, 8,000. The Federal force consisted of 10,500 men, including cavalry and infantry, forty-nine pieces of artillery and one mountain howitzer.

After a bard-fought battle, which lasted for two days, the Federals were notorious. The Confederate generals, McCulloch and Mcintosh, were both killed. Van Dora withdrew to the interior of Arkansas, and Curtis marched slowly southward. The Federal loss in the battle of Pea Bidge was 203 killed, 972 wounded, and L76 taken prisoners; total, 1,351; Confederate loss aboul the .-Mine.

Various War Measures

Meanwhile, in Missouri, Provost-Marshal-General Farrar issue. I an order requiring the publishers of newspapers in the State, with the exception of St. Louis city papers, to furnish a copy of each issue, for inspection at the marshal's office.

Gen. Halleck issued an order requiring the officers of the Mercantile Library Association and of the Chamber of Commerce to subscribe to the oath prescribed by the convention ordinance of October 6, 1861, under peril of arrest and imprisonment. The same order also forbade the display of secession flags in the hands of women or on carriages - the carriages to be confiscated and the women arrested. A similar order was issued to the presidents and directors of all railroads in the State, and to the president, professors, curators and other officers of the State University at Columbia. This order required all clerks, agents and civil employes in the service of the United States to take the oath prescribed by act of Congress, and recommended that all clergymen, teachers, officers of benevolent institutions, and all engaged in business and trade, who were loyal to the Union, should voluntarily take the convention oath, in order that their patriotism might be known.

At different times men were tried and condemned to be shot upon charges of railroad and bridge burning, but these sentences were mitigated to imprisonment, or in some cases the culprits were released upon their taking the oath of allegiance, and giving bond in the sum of $2,000 each, for future loyalty to the Government.

Edmund J. Ellis, of Columbia, editor and proprietor of The Boone County Standard, was found guilty, and sentenced to banishment from the State, during the war, on the several charges of giving information to the enemy, encouraging resistance to the

Operations Against Guerrillas. Col. Jo. C. Porter

Gov. Gamble, desiring to repress the numerous guerrilla organizations in the State, authorized Gen. Schofield to organize the State militia into companies, regiments and brigades, and to call a force into the field sufficient to quell the marauders and secure the people of the State in their persons and property. In the series of skirmishes and fights which occurred between the State militia and the Confederate guerrillas, the most brilliant and important were those connected with the pursuit and final overthrow of Col. Jo. C. Porter.

His force was first engaged July 1, at Cherry Grove, Schuyler County, by Col. Lipscomb, with about 450 of the State militia. After a small fight the Confederates retreated, and were pursued as far as Newark, Knox County. The next important encounter with Porter's forces was at Pearce's Mills, on the Middle Fabius, Scotland County, where, on the 19th of July, a pursuing force, under Maj. John Y. Clopper, of the Merrill Horse, and Maj. John F. Benjamin, of the Eleventh Missouri State Militia, was ambuscaded, and sustained a loss of eighty-three men, while the Confederates lost but half a dozen. Porter, however, retreated toward the west and south, and in less than twenty -four hours was at Novelty, Knox County, sixty-four miles distant. Still going southward, they passed through Marion County to Florida, in Monroe, where they attacked and defeated a small detachment of the Third Iowa Cavalry, under Maj. H. C. Caldwell, and then hurried on to the heavily-wooded country near Brown's Spring, ten miles north of Fulton, in Callaway County. Ascertaining their position, Col. Guitar, of the Ninth Missouri State Militia, started in pursuit, July 27, with about 200 men and two pieces of artillery. On the preceding day Lieut. -Col. Shaffer, of Merrill's Horse, left Columbia upon the same errand, with 100 men, and was joined at Sturgeon by Maj. Clopper, with as many more. Maj. Caldwell, with a detachment of the Third Iowa, also started from Mexico. These two latter columns marched toward Mt. Zion Church, in the northeast part of Boone County, believing that Porter was encamped there. Not finding the object of their larch, they pursued their way into Callaway County, and, on the afternoon of tin4 28th, heard Guitar's cannon four or five miles distant Shatter and Caldwell hastened forward, and arrived in time to assist in the hard-fought battle at Moore's Mill, July 28? wherein Porter was defeated with a loss of 32 killed and 125 wounded, while Guitar lost 13 killed and 55 wounded.

Battle Of Kirksville

Porter now retreated northward, through Monroe into Marion County. Here he received a large number of recruits. On the 1st of August he attacked and captured Newark, Knox County, with its garrison of seventy-five men, under Capt. Wesley Lair, of the Eleventh Missouri State Militia, and pushed northward to Short's well, in the southern part of Scotland, where he was joined by a considerable detachment under Col. Cyrus Franklin and Lieut. -Col. Frisby H. McCullough. The rebel forces were closely pursued by Col. John McNeil. Porter and Franklin turned west frqm Short's well, and reached Kirksville on the morning of August 6, a few hours in advance of their pursuers, and, ordering the citizens to evacuate the town, posted their troops in the courthouse, seminary, stores and private residences, and thus entrenched awaited the coming Unionists. Porter had about 2,800 men, all mounted, but many were without arms, and nearly all without experience.

Col. McNeill, approaching from the eastern side of the town, drew up his forces before it. Not knowing the exact position of the enemy, he ordered ten men, under Lieut. John N, Cowdry, of Merrill's Horse, to ride through the town and discover their places of concealment. They obeyed the order, and the rebels in their eagerness fired upon them from houses, stables and other places affording them protection from the missiles which were shortly to be poured upon the town. McNeill now opened the battle with his cannon, and, under cover of his artillery fire, advanced his dismounted men, and soon the Confederates began to give way.

In three hours the town was in possession of McNeill, and the forces of Porter and Franklin were in full retreat toward the Chariton Kiver. The Confederate loss in this engagement was between 200 and 300 killed, wounded and captured ; the Federal loss was 6 killed and 33 wounded.

On the following day Col. Guitar, who had been ill at Jefferson City, entered upon preparations for the pursuit of a considerable rebel force in Chariton County, under Col. J. A. Poindexter, and, on the 8th of August, landed from a steamer a considerable force at Glasgow. He overtook Poindexter at 9 o'clock on the night of the 11th, at Compton's Ferry, on Grand Kiver, in Carroll County. Part of Poindexter's men had crossed the river before his arrival, but a large number, with all their baggage, horses, wagons, etc., had yet to cross. Guitar ordered a charge, and at the same time opened upon the fleeing rebels with two pieces of artillery. The result was a great panic and considerable destruction. Many of the Confederates, in their eagerness to escape, threw away their guns, and forced their horses into the river, but the animals, in many instances, became unmanageable, and returned to the same shore whence they started. Some were drowned. A large number of prisoners, and all the baggage, together with horses, mules, guns and wagons, were captured.

Poindexter marched as swiftly as possible to the northward, reaching the Hannibal & St. Joseph Railroad at Utica on Tuesday morning, the 12th. Near here he was intercepted and driven back by Gen. Lyon. Retreating south he was met by Guitar on the 13th, at Yellow Creek, in Chariton County, and again routed, his band being scattered and broken up. Guitar then returned to Jefferson City and was promoted by Gov. Gamble to be brigadier-general of Enrolled Missouri Militia.

Battle At Independence

The next important engagement in the State occurred at Independence very early in the morning of August 11. The town was garrisoned by about 450 Federal troops, comprising infantry and cavalry, under Lieut. -Col. J. T. Buell. The Confederates, commanded by Col. John T. Hughes, of Clinton County, and G. W. Thompson, numbered from 600 to 800. They were fairly inside the town, and had commenced a vigorous attack before their approach was suspected. Col. Buell was at once surrounded at his headquarters, thus preventing all communication between himself and his men; nevertheless his soldiers fought bravely; but so completely were they surprised that the best they could do was to retreat into the fields, where they formed for defense behind a stone wall. While the rebels were charging upon this position Col. Hughes was killed. Col. Buell, finding that his camp was in the hands of the enemy, and that extrication was hopeless, raised the white flag and surrendered the post. Both sides suffered heavy losses.

Battles Of Lone Jack And Newtonia

At Lone Jack, a village in Jackson County, a rebel force (3,000 strong) under Cols. John T. Coffee, Vard. Cockerill, S. D. Jackman and D. C. Hunter, attacked 800 - State militia under Maj. Emory Foster, of the Seventeenth Missouri State Militia on August 16. The Federal loss was 43 killed, 154 wounded and 75 missing; the Confederate casualties were about the same. The Federals were defeated and lost two pieces of artillery. The rebels hearing their adversaries were to be reinforced retreated southward.

On September 13, 1862, an engagement took place at Newtonia, Newton County, between about 5,000 Kansas, Wisconsin, Missouri and Indian troops, under Gen. Salomon, and a Confederate force of 8,000 or 10,000 under Col. D. H. Cooper. Numbers were killed and wounded on both sides, and the Federals were compelled to retreat as far as Sarcoxie, fifteen miles distant.

Execution Of Rebel Frisoners

At Macon, Mo., on the 25th of September, ten rebel prisoners were executed on the charge of repeated violations of their paroles, and on October 18 a similar number was shot at Palmyra, in retaliation for the abduction and murder of Andrew Allsman, a Unionist of Marion County. After the battle of Kirksville,

Histoey Of Missouri Battle Of Cane Hill, .Arkansas

The last great battle of the year in which Missourians had a part was fought at Cane Hill, near Fayetteville, Ark., on Sunday, December 6, 1862. The Confederate forces under Gen. Hindman, of Arkansas, and Marmaduke, of Missouri, were defeated by the Unionists under Gen. Blunt of Kansas. The following is the official report of the engagement, sent by Gen. Blunt to Maj.- Gen. Curtis, commandant of the department of Missouri :

The enemy did not stop in their flight until they had crossed the Boston Mountains, and are probably ere this across the Arkansas River. The enemy's killed and wounded is between 1,500 and 2,000 - a large proportion of them killed. One hundred of their wounded have died since the battle, and a large proportion of the others are wounded mortally, showing the terrible effects of my artillery. My casualties will be about 200 wounded. Most of the wounded will recover. The enemy have left their wounded on my hands, and most of their dead, uncared for. They are being buried by my command. Hindman admitted his force to be 28,000. Maj. Hubbard, who was a prisoner with them all day of the fight, counted twenty regiments of infantry and twenty pieces of artillery. They had no train with them, and muffled the wheels of their artillery in making their retreat. Four caissons filled with ammunition were taken from the enemy. The Twentieth Regiment of Wisconsin Volunteers, in addition to those mentioned yesterday, suffered severely in charging one of the enemy's batteries, which they took, but were unable to hold.

And Cape Girardeau

In the early part of this year, the Confederates, led by Gens. Marmaduke and Price, resumed activity in Arkansas and Southern Missouri. On the 8th of January, with a force of 2,500 or 3,000 men and three pieces of artillery, Gen. J. S. Marmaduke attacked Springfield, which was occupied by Federal troops under Gen. E. B. Brown, commander of the Southwestern Department of Missouri. The fighting continued from 1 o'clock P. M. until after dark. Gen. Brown, having been severely wounded, the command devolved upon Col. B. Crabb. The Confederates retreated the following morning, going to Marshfield and Hartsl;U HISTORY OF MISSOURI.

Three days afterward, at the town of Hartsville, Gen. Biarmaduke, having united near Marsh field with a force under Col. Jo. 0. Porter, and moving thence southward, attacked a Federal force under Col. Samuel Merrill of the Twenty-first Iowa, and after a bloody little engagement drove them from the field.

On April 26, Gen. Marmaduke attacked the post at Cape Girardeau, on the Mississippi, but the garrison, under Gen. John McNeill, succeeded in driving the Confederates away.

order no. 11. On the 25th of August, Gen. Thomas Ewing, of the Eleventh Kansas Infantry Volunteers, afterward a Democratic member of Congress from Ohio, issued the following order, which, as it was productive of much suffering at the time in the counties indicated, and has been commemorated by George C. Bingham in the celebrated painting entitled: "Order No. 11," we copy in full:

First. All persons livingir? 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 residences within fifteen days from the date thereof.

Those who, within that time, establislvtheir loyalty to the satisfaction of the commanding officer of the military station nearest their present places of residence 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 certificate 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 inhabitants are required to remove, within reach of military stations, 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 district after the 9th 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 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.

Gen. Schofield, at that time commandant of the Department of Missouri, has since the war approved and defended this order, on the ground that a savage guerrilla warfare had raged on the border for two years, nearly depopulating the farming districts on the Missouri side, and that all the inhabitants who remained were obliged, whether rebel sympathizers or not, to furnish shelter and supplies for bands of marauding outlaws. He said that it was imperative that this border war should be suppressed, and that the fiendish massacre of 140 persons at Lawrence, Kas., on August 13, by the guerrilla Quantrell and his band, rendered immediate and decisive action necessary in order to prevent a succession of such horrors.

To increase the military force in the district was impracticable, and the only alternative was to remove the means by which these guerrillas were sustained. He stated, further, that no serious inconvenience was inflicted upon any one by the execution of the order, but that the necessities of the poor people were provided for, and none were permitted to suffer.

In reply to this statement of Gen. Schofield, which appeared in the St. Louis daily Republican of February 21, 1877, Hon. George C. Bingham, an old citizen of Jackson County, and a strong Union man during the war, prepared a counter statement which was published in the same paper on the 20th of the month. He denounced the order as an act of purely arbitrary power, directed against a disarmed and defenseless population. He declared that it put an end to the predatory raids of Kansas "red-legs and jay-hawkers," by simply giving them all that they desired at once, that it gave up the country to Confederate bushwhackers, who, until the close of the war, stopped stages, robbed mails and prevented any one wearing a Federal uniform from entering the district. Mr. Bingham says he was in Kansas City when tluv order was onforced, and that he knew personally of the Bufferings of the unfortunate victims. Men were shot down while obeying the order, and their effects seized by their murderers; dense columns of smoke rising in every direction marked the conflagration of dwellings; large trains of wagons extending over the prairies for miles, moved toward Kansas, freighted with every description of household furniture and clothing belonging to the exiles; women and little children barefooted and bareheaded, exposed to burning heat and choking dust, tramped wearily along, to whom neither aid nor protection was afforded by the authorities who had driven them from their homes, and who were indebted to the charity of steamboat conductors who took them to places of safety.

Mr. Bingham admitted that guerrilla warfare had been waged for two years in the counties embraced by the order, but denied that this region was by any means depopulated, or that the remaining farmers were supporting these outlaws. He said that the larger portion of the marauders were Kansas "jay hawkers and red-legs,*' with no authority of law either military or civil, yet countenanced and protected by Gen. Ewing and his predecessors from the State of Kansas; that the others, constituting the more desperate class, were chiefly Missouri bushwhackers, acting under Confederate authority; that the inhabitants of the counties had been disarmed, as Gen. Schofield admitted, and were unable to resist the demands made upon them, but that the bushwhackers were insignificant in numbers compared with the Federal troops who were stationed there, and that twenty if not fifty times as much produce was furnished to the latter as to the former.

Order No. 11 belongs to that extensive list of war measures which, wise or unwise, necessary or unnecessary, was viewed in a very different light by those who were, on one hand, personally aggrieved and injured, and by those who, on the other hand, were looking from afar at the great end in view, namely, the overthrow of the Rebellion. In the border States, where Unionists and Disunionists lived side by side, numerous complexities arose, heightened by personal animosities and old family feuds; and in many cases loss of life, and especially loss of property, fell upon partisans indiscriminately, verifying the. old, sad maxim that where transgression enters, the innocent must often suffer with the

In September, Gen. Blunt drove the Confederate forces under Gen. Cabell and the Creek chief, Stand Watie, into the Choctaw reservation, and took possession of Fort Smith. As the autumn advanced and Cabell's supplies began to run low, a part of his command under Col. Jo. O. Shelby undertook a raid into Missouri. They crossed the Arkansas River, a little east of Fort Smith, and pushed rapidly northward as far as Crooked Prairie, in the southwestern part of this State, when they were joined by Col. Coffee. At Boonville, where Shelby expected to meet a large number of recruits, but was disappointed, his men secured from stores and dwelling houses $100,000 worth of property, after which they moved westward. On October 12 and 13, however, Gen. Brown encountered these forces at Marshall and defeated them, with a loss of fifty men killed, wounded and prisoners. Shelby hastily returned to Arkansas.

Several sanguinary engagements were fought in Missouri during this, the closing year of the war. The Union troops, chiefly Missouri State Militia and Enrolled Missouri Militia, were engaged in the effort, at many times unsuccessful, to defend the lives and property of the people from the roving bands of bushwhackers and guerrillas that infested all parts of the State, but particularly the western and river counties.

Late in January Gen. Rosecrans arrived at St. Louis, succeeding Gen. Schofield as commander of the Department of Missouri. No event of importance occurred until the following autumn, when Gen. Price made his last grand raid into the State with the intention of capturing St. Louis, and other important points. Having been informed early in September of Prices' medi- tated invasion, Rosecrans forwarded the information to headquarters, and Gen, A. J. Smith, then ascending the Mississippi with about 6,000 troops, was ordered to proceed to St. Louis. Gen. Rosecrans had previous to this only about 0,500 mounted men in his whole department, and these were scattered at various points -at Springfield, Pilot Knob, Jefferson City, Rolla and St. Louis, guarding military depots and railway bridges against the hordes of guerrillas who swarmed through the country. These troops were concentrated as quickly as possible when Price's intended route was ascertained, but he had already entered Southeastern Missouri, and reached Pilot Knob before he was met by any considerable opposition. At that place a single brigade was stationed, under command of Gen. Thomas Ewing. This force was intrenched in a little fort with some rude earthworks, but it made a gallant resistance, and repulsed two assaults of the Confederates, inflicting upon them a loss of 1,000 men. Gen. Price's men now took positions which commanded the entire fort, and Gen. Ewing, seeing that further resistance was hopeless, spiked his guns, blew up his magazine, and retreated, by night, toward Rolla where Gen. McNeil was stationed. After accomplishing a march of sixty miles in thirty-nine hours, the exhausted troops were overtaken at Harrison, by a large force under Shelby. Although short of ammunition, Gen. Ewing held his ground for thirty hours, when he was reinforced by troops sent from Rolla, after which he drove Shelby away, and continued his retreat in safety.

At St. Louis, Gen. Smith's infantry, 4,000 or 5,000 strong, was joined by eight regiments of the Enrolled Militia of the State and six regiments of Illinois Militia. At Jefferson City Gen. E. B. Brown had been reinforced by Gen C. B. Fisk with all available troops north of the Missouri River, and the citizens of that region promptly aiding the military, the capital was soon well fortified.

Gen. Price advanced by way of Potosi to the Meramec River ; crossed it, and took position at Rich woods, within forty miles of St. Louis. Evidently fearing to attack that city, he burned the bridge at Moselle, and then pushed rapidly toward the capital of the State, followed by Gen. Smith and his entire command.

Gen. Price, after having burned bridges behind him, and done all in his power to hinder his pursuers, arrived before Jefferson City on the 7th of October. Gen. McNeill and J. B. Sanborn, with a force of mounted men, chiefly Missouri State Militia, had just reached there by a forced march from Rolla. Squads of cavalry had been sent out to guard the fords and ferries on the Osage River, and, if not able to prevent the Confederates from crossing, to give timely warning of their approach. The railroad bridge across the river nine miles east of the city had been burned.

Several small engagements and skirmishes took place, and the Confederates partly surrounded the city with a semi-circular line nearly four miles in length, the wings resting on the Missouri River. Finding the place well prepared for an attack, Price sent his trains westward and followed with his army. A large force now started in pursuit of the Confederates, led by Federal caValry under immediate command of Gen. Alfred Pleasanton, who arrived at Jefferson City on the day of Price's departure.

The latter general, growing bold as he marched westward, sent Gens. Jo. Shelby and John B. Clark, Jr., to attack Glasgow on the Missouri River, in Howard County. The town was garrisoned by a part of the Forty-third Missouri, and small detachments of the Ninth Missouri State Militia and the Seventeenth Illinois Cavalry, under command of Col. Chester Harding. After a spirited resistance Col. Harding was obliged to surrender. His assailants then marched back and joined their main army, which was still hastening westward. Gen. Price left Lexington just as Pleasanton's advance reached that place October 20. At Little Blue Creek he met Blunt' s Kansas troops, under command of Gen. Curtis, who, after a sharp tight which lasted for several hours, fell back to the Big Blue Creek and there awaited another attack. Meanwhile, Pleasanton reached the Little Blue, and found the bridge destroyed and the Confederate rear-guard prepared for battle. They were soon driven away, and Pleasanton continued his course to Westport, then occupied by the enemy. He captured the place by a brilliant charge in which he routed the Confederates, and took two of their guns.

oooupi the State; instead, only about 6,000 Missourians came t<> his istance, and he tied into Arkansas as rapidly as isible, having accomplished nothing of importance.

from Sturgeon, Boone County, for Rocheport, in charge of seventv men of the Third Missouri State Militia, under Capt. McFadin. Tin* train stopped near sunset at a pond about seven miles northeast oi' Rocheport, in order that the horses might be watered. Here it was suddenly attacked by 150 guerrillas under George Todd, who put the escort to flight, robbed the wagons of everything that they could conveniently carry away, and burned what remained. Eleven Federal soldiers were killed, and three negroes.

The Centralia Massacre

Among the revolting and horrible crimes of the war, the Centralia massacre stands prominent for its dastardly and coldblooded atrocity. Monday night, September 26, Anderson's guerrillas, in numbers estimated from 200 to 400, encamped about th~ee miles southeast of Centralia, which is situated on the North Missouri Railroad, in Boone County. About 10 o'clock Tuesday morning, 75 or 100 of this band went into the town, and commenced plundering the stores and depot, breaking open boxes and trunks, and appropriating whatever suited them. At 11 o'clock the stage-coach arrived from Columbia with eight or nine passengers. These gentleman being unarmed were quickly relieved of their money and valuables, but were allowed to go to the hotel. At 11.30 the passenger train from St. Louis came in sight. Immediately the guerrillas formed into line, and as the train neared the depot, commenced throwing obstructions on the track and firing at the engineer. The cars having been stopped, the robbers rushed upon the passengers, men, women and children, taking money, watches and jewelry, together with the contents of trunks, and valuables from the express car. Twenty-three Federal soldiers who were on board the train were marched into townr placed in lines, and shot down. The guerrillas burned the railroad depot and six cars standing near. After murdering the soldiers and robbing the passengers and the citizens of the town generally, they set fire to the rifled train, and started it on the road toward Sturgeon. It ran about three miles, and then stopping was entirely consumed. Meanwhile the frightened passengers, glad to escape with their lives, went on their way as best they could, in wagons, on horseback, and on foot.

About 3 o'clock of the same afternoon, Maj. A. V. E. Johnson, of Col. Kutzner's regiment of Missouri Volunteers (the Thirty-ninth), arrived at Centralia with 155 mounted infantry. An engagement took place in an open field southeast of the town. Maj. Johnson's men, being armed with long guns, were ordered to dismount. Their horses became unmanageable, and many of them ran away, leaving the soldiers on foot in the middle of the prairie. They had fired but one volley when the guerrillas dashed among them, splendidly mounted, and carrying three or four revolvers apiece. Part of Johnson's men who were still on horseback attempted to escape, but were overtaken and shot down. Maj. Johnson himself was killed, together with 122 men of hip small command. Four or five of the remaining few were wounded. The guerrillas had but three killed and seven wounded.

After the murderers had left town the citizens of Centralia gathered the dead bodies together, and placed them near the railroad. Many of them were taken to Mexico for burial that very evening, and seventy-nine were interred in a trench in the eastern part of town. Afterward this trench was enclosed by a fence, and at the head of it was placed a limestone monument, fifteen feet high, with the following inscription:

11 The remains of Companies A, G and H, Thirty-ninth Regiment, Missouri Volunteer Infantry, who were killed in action at Centralia, Mo., on the 27th day of September, 1864, are interred here." Since the close of the war the remains have been disinterred and re-buried in one common grave in the National Cemetery at Jefferson City.

Death Of Bill Anderson

and Renick, Bill Anderson and the most of his men went into Ray County. On tlu; 26th of October, Lieut. -Col. S. P. Cox, of the Thirty-third Enrolled Missouri Militia, learning Anderson's whereabouts, made a forced march to meet him. On the following, day, just one month after the Centralia massacre, Col. Cox came in contact with the guerrilla pickets, and drove them before him into the woods. He then dismounted his men, threw an infantry force into the forest, and sent forward a cavalry advance which soon engaged Anderson's main body and fell back. The guerrillas now charged, and Anderson was killed, while his men were forced to retreat at full speed, hotly pursued by the Union cavalry. Upon the body of Anderson was found $300 in gold, $150 in treasury notes, six revolvers, and several orders from Gen. Price.

Early in December, 1864, Gen. Rosecrans was relieved of the command of the Department of Missouri, and Gen. Granville M. Dodge, of Iowa, succeeded him.

List Of Battles In Missouri

Necessarily there has been omitted from this brief review even a mention of many of the minor battles of the Civil War, which were fought upon the soil of Missouri. For convenient reference a complete list of these engagements, together with the dates at which they were fought, is herewith appended:

State Constitutional Convention

The delegates chosen to this body assembled in Mercantile Library Hall, St. Louis, Friday, January 6, 1865. The objects of the convention were: First, " to consider such amendments to the constitution of the State as might be deemed necessary for the emancipation of slaves;" and second, " such amendments to the constitution of the State as might be deemed necessary to preserve in purity the elective franchise to loyal citizens, and such other amendments as might be deemed essential to the promotion of the public good. "

An Ordinance Abolishing Slavery In Missouri

Be it ordained by the People of 'the State of Missouri, in Convention Assembled, That hereafter, in this State, there shall be neither slavery nor involuntary servitude, except in punishment of crime, whereof the party shall have been duly convicted; and all persons held to service or labor as slaves are hereby declared free.

The Dkake Constitution

It soon became apparent that mere amendments to the constitution would not satisfy the leading members of the convention, prominent among whom was Mr. Drake, of St. Louis, who had been chosen vice-president. A complete remodeling of the or- aio laws of the State Beemed to many not to fall within the authority of the convention, moreover they believed that the time hi, I qoI oome Eor thai dispassionate and Btatesmanlike Legislation

So! Article XI, on the " Right of Suffrage, ' which was the obi of the mosl angry and exciting debate in the convention, and a prolific Bonrce of strife and division afterward, is here transcribed,

SBC 8. At any election held by the people under this constitution, or in pursuance of any law of this State, or under any ordinance or by-law of any municipal corporation, do person shall be deemed a qualified voter who has ever been in armed hostility to the United States, or to the lawful authorities thereof, or to the- Government of this State; or has ever given aid, comfort, countenance or support to persons engaged in any such hostility; or has ever in any manner adhered to the enemies, foreign or domestic, of the United States, either by contributing to them, or by unlawfully sending within their lines, money, goods, letters, or information; or has ever disloyally held communication with such enemies; or has ever advised or aided any person to enter the service of such enemies; or has ever, by act or word manifested his adherence to the cause of such enemies, or his desire for their triumph over the armies of the United States; or his sympathy with those engaged in exciting or carrying on rebellion against the United States; or has ever, except under overpowering compulsion, submitted to the authority, or been in the service of these so-called " Confederate States of America; " or has ever left this State, and gone within the lines of the armies of the so-called " Confederate States of America," with the purpose of adhering to said States or armies; or has ever been a member of, or connected with any order, society or organization inimical to the Government of the United States, or to the Government of this State; or has ever been engaged in guerrilla warfare against loyal inhabitants of the United States, or in that description of marauding commonly known as "bushwhacking;" or has ever knowingly and willingly harbored, aided or countenanced any person so engaged; or has ever come into or left this State for the purpose of avoiding enrollment for or draft into the military service of the United States; or has ever, with a view to avoid enrollment in the militia of this State, or to escape the performance of duty therein, or for any other purpose, enrolled himself, or authorized himself to be enrolled, by or before any officer, as disloyal or as a Southern sympathizer, or in any other terms indicating his disaffection to the Government of the United States in its contest with rebellion, or his sympathy with those engaged in such rebellion; or having ever voted at any election by the people in this State, or in any other of the United States, or in any of their Territories, or under the United States, shall thereafter have sought or received, under claim of alienage, the protection of any foreign government, through any consul or other officer thereof, in order to secure exemption from military duty, in the militia of this State, or in the army of the United States; nor shall any such person be capable of holding, in this State, any office of honor, trust or profit under its authority; or of being an officer, councilman, director, trustee, or other manager of any corporation, public or private, now existing, or hereafter established by its authority; or of acting as a professor or teacher in any educational institution, or in any common or other school; or of holding any real estate or other property in trust for the use of any church, religious society, or congregation. But the foregoing provisions in relation to acts done against the United States shall not apply to any person not a citizen thereof, who shall have committed such acts while in the service of some foreign country at war with the United States, and who has, since such acts, been naturalized, or may hereafter be naturalized, under the laws of the United States; and the oath of loyalty hereinafter prescribed, when taken by any such persons, shall be considered as taken in such sense.

Section 4 provided for a registration of the names of qualified voters, and section 5 required that the oath indicated in the third section should be taken by every voter at the time of his registration. Taking the oath should not, however, be deemed conclusive evidence of the right of a person to vote, supposing such right could be otherwise disproved. This section also provided that evidence for or against the right of any person to vote should be heard and passed upon by the registering officers and not by the judges of election.

These officers should keep a list of the names of rejected voters, and the same were to be certified to the judges of elections who were to receive the ballot of any such rejected voter, marking the same as a rejected vote; but even with these precautions the vote was not to be received unless the party casting it should, at the time, take the oath of loyalty.

Under the ninth section no person was permitted to practice law, "or be competent as a bishop, priest, deacon, minister, elder or other clergyman of any religious persuasion, sect or denomination, to teach or preach, unless such person shall have first taken, subscribed and filed said oath."

While the article upon the " executive department " was pending, an effort was made to introduce an amendment by which any citizen of the State, white or colored, male or female, would be eligible to the office of governor, but the amendment was rejected by a tie vote, as also a similar proposition in reference to the "Legislative Department."

or rejection, but it bad also been provided that no person should vote at thai election, except those who would be qualified as voters under the second article thereof. The canvass which followed was naturally one of the greatest bitterness.

Although the war was nominally over, and all the strongholds of the Rebellion were in the hands of the United States authorities, yet there were fragmentary guerrilla bands still roaming through various sections of the country, and the war spirit continued in undiminished force. Multitudes of taxpayers in the State, not a few of whom were honored and influential citizens, and had been noncombatants during the war, were disfranchised by the third section, and denied the privilege of voting upon the adoption or rejection of the code of laws which was to govern them and their children. On the other hand it was maintained with vigor that citizens who had attempted to destroy their Government, who had committed treason either by open deeds of rebellion, or by encouragement, sympathy and aid given to those in rebellion, had forfeited all right to assist in conducting the affairs of State. The election resulted in a majority of 1,862 for the constitution, which accordingly went into effect July 4, 1865.