Davis Township (part 1 of 3)

Davis Township

The total combined debt of the county, as shown by this official report, (which included some other debts not of railroad, and therefore not given in our table,) was $1,384,099. And the total assessed valution, including real estate, personal property, merchants' stock, etc., was at that time $7,845,371. The bonded debt, therefore, was 17^ per cent of the entire valuation : and most of the debt a swindle on the people besides. The map given above shows the different lines of railroad which were at that time promised.

The R. R. Bonded Debt Compromise

Through a series of Taxpayers' Conventions it had been shown beyond a question or a quibble that the railroad bonds both of county and townships, were essentially fraudulent; but they had been foisted upon the market under such cunningly devised seemings of legality as to give them a status in the courts, and therefore some chance for judicial enforcement, even after long and costly litigation by the county in contesting them. In view of this state of facts, it was thought best to propose such compromises as the creditors would probably accede to rather than worry the matter through the courts. Some of the largest holders of the county bonds had through their agent, Col. M. V. L. McClelland, agreed to a compromise of 80 cents on the dollar at 6 instead of 10 per cent, interest; and it was presumed that many others would do the same. The following schedule shows the different compromises finally proposed by the Taxpayers' Convention held November 29th, 1875:

All bonds to run twenty-five years, interest payable semi-annually. The different funding rates offered by the different townships are based on ability to pay, juslice of the debt, prospect of defeating the bondholders in case of contest in the courts, etc.

A. T. Winsor, A. Corder, J. M. Hopkins, M. T. Buford. Sniabar. - ]. W. Bledsoe, W.J. Shackleford, J. T. Ferguson, R. T. Russell, P. A. Ferguson.

The members of the county court, and the agents of the holders of all the various bonds in question, were invited to be present during the proceedings of the convention.

At this time the county and townships together were under a claimed indebtedness of $238,750 for the L. C. & G. railroad alone, which never finished a mile of road in the county.

Resolved, That this convention pledges the people of Lafayette county to the faithful performance of the compromise offered, as it is made in good faith by their representatives in convention assembled, as the only means and hope left the people, and beyond which they cannot go; and that if it is not accepted by the bondholders, we pledge each other to use every effort to prevent the payment of one dollar of the railroad indebtedness of the county.

Some holders of these railroad bonds refused to accept the compromise offered, but entered suits and obtained judgment in the United States cir cuit court, and writs of mandamus to enforce the judgments. This was openly resisted by township conventions, and then by a countv convention composed of delegates from every township. This convention was held December 24, 1877, and it declared by a unanimous vote that they had a full determination to never pay any more on those bonds than the proposed compromise provided for, and that they would resist by all means in their power, all attempts by judgment of court, or in any other way, to collect interest or principal on any of the bonds not compromised.

February 1, 1878, a meeting of the tax-payers of Sniabar township was held at Dade's school-house, to hear the report of a committee previously appointed to investigate the legal or illegal character of the $35,000 of their township bonds issued' to the Lexington, Chillicothe & Gulf railroad. The committee consisted of Wm. Harris, Geo. W. Jones, M. T. P. McCormack, A. C. Green, R. H. Bledsoe. Their report cites the express declaration of the state constitution, [Art. 99, Sec. 14], that no municipal bonds shall be issued to any corporation unless voted for by two-thirds of the qualified voters of the township, county or city, as the case may be. The vote on those bonds was taken November 13, 1869. The registered voters of Sniabar township then numbered 102;* of this number, 47 voted for the bonds, and 6 against them ; two-thirds of 102 would be 58 ; but the actual majority for the bonds was only 41, which fell short by 27 votes of the majority required to make these bonds lawful. They, therefore, recommended a united and continued resistance by every means in their power to the payment of the bonds, which the county court had issued in spite of the fact that they never received a lawful majority, even when the great bulk of the tax-payers were disfranchised. It is worthy of note also, that this road was graded, but never laid a rail, and the grade lies to this day unused.

February 4, 1878, the county committee, composed of representative men appointed by each township, held a meeting, and solemnly reiterated " the determination only to pay county bonds according to the compromise authorized by the vote of the people in the election held on December 30, 1875." (When this last vote was taken, no voters were disfranchised, and it was in every respect the lawfully expressed will of the people).

February 23d, a joint meeting of Sniabar and Washington townships was held at Mount Hope, with the same result as above, besides showing that the unbuilt railroad for which their bonds had been fraudulently issued, was graded on a different route, and to different points from those named in the proposition as voted upon. This was another fraud.

Fighting It Out In The Courts

May 6, 1878, the supreme court of Missouri, in the case of Thomas A. Webb vs. Lafayette county, decided the legislative act of March 23, 1868, to be unconstitutional, and bonds issued under it void. This was a case

* At this date, 175 voters of Sniabar township were disfranchised on account of having joined or sympathized with the Southern Confederacy as against the federal government. And they were mostly the real property owners of the township.

involving the Sniabar township bonds to the L.,C. &G. road, and countybonds to the L. & St. L. road. The "opinion" of the court is a lengthy document, making two and a half long newspaper columns in nonpareil (very fine) type. But the gist of the whole matter important to this history, lies in a single sentence, as follows:

The constitution prescribes, as a prerequisite to any subscription, that two-thirds of the qualified voters shall assent to it. The act of 1868 requires only the assent of two-thirds of those voting, and because of the repugnance to the constitution, we hold it to be void.

In October, 1875, the United States supreme court had decided substantially the same way, in the case of Harshman vs. Bates County, involving bonds issued in the name of Mount Pleasant township, in Bates county, for this same Lexington, Chillicothe & Gulf railroad. The case had been appealed from the United States district court. There were several technical points considered in this decision, but it was very decisive that the issuance of the bonds was contrary to the constitution of the state.

July 1, 1880, the county clerk's report shows that $578,900 of the Lexington and St. Louis railroad count)- bonds had already been compromised ; $135,900 of them had been purchased by the county and canceled; and there were still $44,900 outstanding. At this same time the township debts on railroad bonds were:

November 1879, before the U. S. circuit court, at Jefferson City, an agreed state of facts was presented by the attorneys in the case of James H. Forbes vs. Lafayette county. M. L. Gray and Joseph Shippen were attorneys for Forbes, and Alexander Graves for the county. The case involved the legality of the Lexington township bonds issued to the St. Louis and St. Joseph railroad company, November 2, 1868. There were eighteen several points of fact agreed upon and subscribed by the attorneys on both sides; and No. XI of these points contains this statement: " That $37,000 of the bonds issued to said company by the county court of said county on behalf of said township were delivered to one Wasson, a director in the said company, by one Vivian Letton, then a justice of said county, in consideration of a bribe of $200 paid to said Letton by said Wasson after consultation had with the board of directors of said company."

pany should establish and permanently maintain a depot on the south side of the Missouri river, within the city of Lexington. Judge Letton held them in trust for safe keeping until their terms should be complied with, but violated his trust by delivering them for a bribe of $200. The affidavit on this matter also mentioned that the railroad board of directors when considering the $200 proposition, thought the judge's terms cheap, and authorized the payment of his price. The court decided these bonds illegal, but on other grounds than this; and this point is cited here to show how the people were betrayed by their most trusted servants. Judge Letton afterwards went crazy, but Judge Ambrose went to Florida.

Seizing A Railroad Train For Taxes

July 7, 1875, the county court ordered a levy of the taxes due upon the property in Lafayette county of the Atlantic & Pacific railroad company, which had bought the Lexington & St. Louis railroad. This order recited in detail the amount of track, road bed, depots, rolling stock, etc., within the county belonging to said railroad company, and also the amout of tax due thereon, item by item, as fixed by the state board of equalization; and the total amount was $6,277.07^. At this time Dr. Wm. A. Gordon was the county tax collector, and Wm. B. Steele, county clerk. The railroads generally in the state had evaded payment of their taxes by various subterfuges in different counties, or by outright intimidation of public officers in giving them to understand that if they seized any railroad property thev would be prosecuted for damages. To lock horns with a powerful railroad companv, and take the risk on the uncertain sinuosities of legal procedure, was no trifling matter; but the officers of Lafayette county had some of Gen. Jackson's " by-the-eternal" sort of grit in their make up, and they " took the bull by the horns " forthwith.

Dr. Gordon, as tax collector, on August 19, 1875, seized one locomotive, nine box cars, three stock cars, and one passenger coach, at Lexington, chained them fast, under guard and held them as security for the railroad company's unpaid taxes. The railroad company immediately entered suit against him in the circuit court of Lafayette county for $20,- 000 damages and costs. In April, 1876, they procured a transfer of the case to the U. S. district court, on the plea that the prejudice of the community would prevent them from getting justice in Lafayette county, and also that the complainant was in law a resident of another state, the railroad company's corporate place of business being in New York city.

In order to bring out and authenticate this matter more clearly, we here copy from the official record of Dr. Gordon's sworn testimony in regard to his own proceedings: elected at the November election, 1872, for two years, and was my own successor, being elected again at the November election, 1874, for the term of two years from the first of February, 1875. The clerk of the county court, William B. Steele, made out and delivered to me as such collector ab6ut March 31, 1875, the certified statement of the taxes of that date in evidence, against the Atlantic & Pacific railroad company for the year 1873, and I was directed also by the county court to levy the same on "the railroad property, in case of default in paying same. I demanded payment of the taxes due, of said company, through its officers, and said company having failed to pay the same, I, on the 19th of May, 1875, by virtue of said certified statement, levied on the cars of said railroad company as set out in my return in said statement; I chained down, and locked these cars on the track of the railroad, near the depot at Lexington, Missouri, and put a guard there to watch and guard them, to prevent the railroad men from removing them, and advertised them for sale, as required by law, for ten days, keeping them guarded and locked down all the time. On the day they were advertised for sale the Atlantic & Pacific railroad company by suit of replevin against me in this court, replevined and took said cars out of my possession, giving bond with security approved by the sheriff in the sum of $40,000, and claiming damages against me in the sum of $25,000.

The next year the same proceedings occurred; but by the third year the whole business was in court, and the Lexington & St . Louis railroad was in the hands of a " receiver in bankruptcy." However, to present more fully the situation in this year, 1875, we copy the following from the records of the suit brought in April, 1876, against Wm. B. Steele, the county clerk. After reciting the bill of taxes made out and certified by the county clerk, the railroad company as complainant goes on to say:

All of which was done without any authority or warrant from any law of this state. That afterwards the said defendant [W. B. Steele] placed the said statement in the hands of the t^x collector of Lafayette county, and directed the said collector to collect the said pretended taxes and penalties out of the property of the Atlantic & Pacific railroad company; and afterwards at the special instance and direction of said defendant the said collector did levy upon and seize a certain locomotive engine and certain cars which belonged to the said plaintiff and which had never belonged to-the said Lexington & St. Louis railroad company, and in which the said last named corporation did not at the time of said levy, have any interest, nor had it even had any therein.

And the said collector, Gordon, retained said property for the term of ten days, to the great loss and damage of plaintiff, amounting to the sum of five thousand dollars, for which sum, with interest and costs, plaintiff prays judgment.

The legal point raised was, that the taxes were due from the Lexington & St. Louis railroad company, but that the property seized belonged to the Atlantic & Pacific R. R. Co. This proved to be technically true - but, in fact, it was one of the many artful dodges by which railroad companies had too long succeeded in evading their taxes. The county officers could not know all the " inner intricacies " of the various transfers which had heen made by the four different railroad managements which had at different times controlled the Lexington road, but they did know that the taxes were due and unpaid, and they proposed to collect them - which 'the same they did.

April 12, 1876, the county court employed A. F. Alexander and Ryland & Ryland, as attorneys " for the defense of the interests of the county in the tax suits brought by the Atlantic & Pacific railroad company against the collector and clerk of this court." The suits were carried into the U. S. district court at St. Louis, then transferred to a similar court at Jefferson City. But meanwhile the L. & St. L. R. R. Company had become bankrupt; and while the county had gained its cases against the railroad company, on the main issue; yet, in this particular instance the attorneys had to take what they could get. And On May 11, 1877, Xenophon Ryland filed the attorney's report. The important points of this repotr we here report from the county record: " The claim was settled by compromise, and judgment and allowance rendered in favor of Lafayette county, state of Missouri, for the sum of eighteen thousand dollars, against the estate of Lexington & St. Louis railroad cdmpany, bankrupt, on the 9th day of May, 1877, in the U. S. district court for the western district of Missouri, at Jefferson City."

The total cost of all the suits, attorneys' fees and incidental expenses was $3,815.50, leaving $14,184.50, which Mr. X. Ryland paid over to the county treasurer, and the county court ratified and confirmed the action of its attorneys.

This case has an important historic interest, for it was the first time in the state that county officers had seized railroad property for delinquent taxes and carried their point. It was a test case and settled the question for every county in the state for all time. There has been no trouble since in collecting railroad taxes; these corporations now " step up to the captain's office," and pay their dues with commendable promptness - a very healthy practice which Lafayette county rightly claims the honor of bringing into fashion.

In the final settlement and disposal of the funds in these tax-levy suits, the commissions and incidental expenses of the collector were overlooked and not allowed him. He brought suit in the circuit court to recover his claim from the county, but was defeated. He appealed to the state supreme court, and the case at this writing (August, 1881), still remains there unsettled. Wallace & Chiles are his attorneys.

Date Of Opening Of Our Railroad Lines

In 1870-71, the road-bed of the "Lexington Lake and Gulf" line was completed from Lexington southward through the count}-; but the company failed, and no ties or rails were ever laid on it.

In 1878, the Chicago & Alton railroad was completed across the county from east to west. At that time bonds could not be lawfully voted; but the people of the county had to give the right of way and depot grounds, free, and $50,000 in money besides, as private donations, in order to secure the road.

There are now (1881; three branch railroads terminating at Lexington, and every one of them is under the control of Jay Gould, or what is known as the " Wabash & St. Louis combination. "

The Railroad Project

In 1868-69-70, it was confidently believed by the railroad partisans that in two or three years there would be six railroads coming into Lexington, and a railroad bridge spanning the river here. Out of this faith grew the scheme for a grand railroad hotel worthy of the situation. The grade of the Lexington & St. Louis railroad (now Missouri Pacific) terminated at South street between Elm and Lynn streets, and here the great hotel was erected, the remains of which appear in desolate grandeur to this day. The building was erected in 1870-71, at a cost of ^85,000; it was a joint stock enterprise, and the county took $20,000 of stock in it. B. H. Wilson was the architect and builder; Geo. Farrar did the brick work, and manufactured all the bricks at his brick yard which is still in operation, on Graham's branch. The whole scheme proved a disastrous failure; and in 1879 the building was sold for delinquent taxes. Many car loads of the bricks have been shipped away to Sedalia and Kansas City, and enough still remain to build another small city - another child out of the loins of Lexington.

Railroad Valuation, 1880

[Western Union Telegraph lines.] On Mo. Pacific R. R., one wire 28.25 m. Total value $1,836 25. Chicago & Alton R. R. two wires, 37 m. Total value $3,145 00. Total tax $19.92. The above is the assessment by state board of equalization for 1880. The following is the assessment by the county court for the same year, including both state and county taxes:

In addition to the foregoing, there are twenty-five miles of graded roadbed, extending from Lexington to Chapel Hill, and known as the Lexington, Lake & Gulf railroad, running through Lexington, Washington, and Sniabar townships, and built mostly with the bonds of these townships. A deed of trust on this property was foreclosed in 1877, and was bid in by Henry L. Newman, of St. Louis, trustee. It is supposed that he sold it to the C, B. & Q. R. R. Co., of Chicago, and that they will ultimately extend their Burlington and Southwestern line over it, crossing the Missouri river at Lexington. [See under head of " River surveys and soundings, for railroad-bridge matter.] The grade is considerably damaged by rains and floods, but it could be all repaired in a fortnight by a live company. It is not subject to taxation as it now lies; hence, valuation cannot be given.

War History First Troops Raised

The first military company raised, in 1861, in Lafayette county was a company at Lexington, commanded by a Capt. John Tyler. This was composed of men of all shades of political opinion, the most of whom were of mature years. It was intended for "home protection," and to enforce a sort of " armed neutrality," a policy then much discussed. It was neither for the " south" or for the " north," but for peace, and for the protection of the citizens of Lafayette county from the invasion of their territory by either the confederate or federal forces. The company drilled on different occasions, but soon disbanded, as affairs assumed a condition not permitting neutrality. Capt. Tyler afterward entered the federal army.

On receipt of the news of the capture of Camp Jackson, and the firing on the citizens of St. Louis by the federals under Gen. Lyon, May 10, 1861, there was the most intense excitement in the county. Preparations were begun for war. Meetings were held, and measures, to organize military companies to assist in defending the state against the incursions and encroachments of the federals, were taken all over the county. There were many men in the county who had seen military service, and these were looked to, for the main part for counsel, advice, assistance, and leadership.

The unconditional union men of the county were largely in the minority; the secessionists - or at least the conditional secessionists - were not only in the majority, but were bold, defiant, and aggressive, and had but little patience with or respect for opposition. The union men held a meeting at Lexington, in the court-house, about the middle of May. John Fleming was chairman, and Dr. J. F. Atkinson, secretary. At that time there were only about twenty outspoken union men in the town, nearly all of whom were in attendance. The stars and strips hung from a staff at ihe chairman's table. The meeting had not progressed far when the secessionists who were present, to the number of fifty or more, began violent interruptions, and at last, under the leadership of one Charles Martin, a man of desperate character, silenced a speaker, tore the flag from the hands of the secretary, breaking the staff' in the effort, and bearing it in triumph from the room. A German citizen, Mr. Nicholas Haerle, a staunch union man, attempted to take the flag from Martin and his men, as they were leaving the hall, but was shot in the leg by Martin himself, and fell to the floor. The meeting thereupon adjourned without orders, and sine die! Thereafter the union men of Lexington were, for a time, less demonstrative in their loyalty to the federal government.

On the 20th of x\pril, 1861, the United States arsenal, at Liberty, Clay count)-, was siezed by volunteers from different counties in this part of the state, and the arms and munitions therein, inconsiderable as to number and not very valuable as to character, placed where it was thought they would " do the most good" for the state of Missouri. Capt. H. M. Bledsoe, Curtis O. Wallace, and other Lafayette county men, assisted in this capture which was effected without any difficulty, and it is said by the order of Gov. Jackson, certainlv with his connivam e. Bledsoe and Wallace brought two of the captured cannon with them back to Lexington as their share of the spoils of wrar. When the cannon arrived at the Lexington wharf, a considerable crowd witnessed their delivery on shore with great elation. Afterward this feeling was changed to disappointment, for upon inspection, the guns, a pair of iron six-pounders, were thought to be honeycombed with rust and age, and absolutely worthless, but which in time proved to be a mistake. The object of bringing these guns to Lexington was to form a battery for state service, to be tendered to Gov. Jackson, and this was afterward done by Capt. Bledsoe. When the first federal troops came to Lexington (Col. Stiefel's regiment) they found one of these Liberty arsenal cannon, which the state troops had abandoned as worthless. This gun afterwards formed a part of Pirner's battery in the battle of Lexington, and- Capt. Pirner says it was the best gun he had - would shoot the straightest.

April 29, 1S61, a petition was presented to the county court by Thomas W. Shields, R. M. Henderson, John P. Bowman, and others, asking an appropriation " to arm and equip at least one thousand men," etc. The court declined to do so until the legislature should pass an act authorizing it.

May 15, the court record refers to " the special act by the general assembly of the state for the benefit of Layfayette county, passed May 14, 1861," and also to the state militia law. The court then appropriated $10,000, " or so much thereof as may be needed, for the purpose of arming and equipping the volunteer militia of said county for the necessary defense thereof, and tor such other purposes connected with the military defense of the county and state as the court may deem proper," etc. Charles S. Tarlton, one of the judges, was appointed agent to disburse this fund. The bonds on which the money was raised, were made payable in one, two, and three years, at ten per cent interest.

It is noted that some of these bills were only partly paid; the total amount paid was $966.95, the remainder standing as " balance due " on them. And no further record appears in this matter until November 5, 1861, when the following entry was made: "Now, at this day comes Henry Neill, county treasurer, and settles with the court here for the fund known as the military fund, showing that said fund is now exhausted and balanced, which is approved and ordered to be filed." The documents filed consist of two warrants drawn on the county military fund, each for $500. One bears date May IT, 1861. and the other June 20, 1861. So it appears that $1,000 was all that was ever used of the $10,000 which had been authorized.

Lafayette Men'S First Battle

About the first of June, a company of United States dragoons from Ft. Leavenworth, under command of Capt. S. D. Sturgis, afterward a major general, had an encounter with some Jackson county militia under Capt. Holloway, who had lately resigned a position in the regular army to offer his services to the state of Missouri. In this encounter, which took place on Rock Creek, a tributary of the Big Blue, Captain Holloway and Lt.

McClenahan, of the Jackson county troops, were killed. Captain J. O. Shelby, of Waverly, had raised a company of cavalry, and was in Jackson county when this skirmish took place.* Holloway was in command of all of the Jackson county men as colonel. He was a brave and gallant officer, and only a few days before he was killed, was at Lexington engaged in forming and swearing in men for state service.

and the killing of Holloway and McClenahan, several companies of Lafayette county men were formed and marched to the relief of their Jackson county brethren. Capt. Ben. Elliott had one company from about Chapel Hill; Capt. J. M. Withers, one from about Mt. Hebron; Capt. Seth Mason, one from Davis township; Capt. Webb, one from Dover, and Capt. Whiting, one from that vicinity; Dr. Hassell and Capt. Graves had companies from Lexington. There was also an artillery company, composed of men from Lafayette county, and commanded by Capt. H. M. Bledsoe. The Lafayette men soon reached the scene of the trouble and went into camp on the Blue. This camp was called Camp Holloway, in honor of the gallant officer who had fallen but a few days before. The men remained there a week or more, when they returned home.

At first the Lafayette county militia - or state guards as they came to be called - were armed, uniformed, and equipped by themselves. The infantry and cavalry carried every description of small arms that would shoot. There were double-barrel shot-guns (these were the favorite weapons, by the way), squirrel rifles, revolvers, pistols, etc., and a few sanguinary individuals had bowie knives.

Bledsoe's lottery was at first composed of two pieces of artillery. One gun had been captured by Col. Doniphan at the battle of Sacramento, in the Mexican war, given by the United States to the state of Missouri, and by the state to Lafayette county. It was of amalgam, brass, copper, silver, etc., and was at first a nine-pounder. For a long time it had lain about Lexington, being only used on the Fourth of July and at jollifications for the purpose of firing salutes. The boys of Lexington were wont to charge it half full of powder and brick-bats and fire it with thundering reports. This gun was taken to Morrison's foundry and bored out, being enlarged to a twelve-pounder. The whole length of the gun was not bored ; by some mistake, about four inches of the breech remaining of the original caliber. This necessitated the use of a peculiar sort of cartridge, and eventually to the condemnation and retirement of the piece from active service, since its cartridges could not be obtained from the regular ordnance depots, but had to be manufactured on the field, and material for this purpose was not always obtained.' "Old Sacramento," as the gun was familiarly known to nearly everybody in Lafayette county, or "Old

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Sac," as Bledsoe's men called it, did good work for the southern cause, what time it was in service, however. The artillery men used the feminine pronoun "she," in speaking of "old Sac," and soon learned to regard "her" with a great deal of admiration and affection. At Carthage, Wilson's Creek, Elk Horn, and Pea Ridge, she proved very effective, as testified to by the federals themselves. At Memphis, Tennessee, she was inspected and condemned, however, and the last heard from her, she lay in the confederate navy yard at Mobile, Alabama. The other gun was an iron six-pounder, cast in Morrison's foundry. Morrison cast two sixpounders, only one of which was used, however, for want of a proper carriage. The other was left on the steps of the masonic college, upon the first retreat of the state troops from Lexington.* A brass six-pounder was added to the battery from Independence.

For powder, the Missourians did not lack. Gov. Jackson had sent up into this and Saline county, about 10,000 pounds of Laflin's and " Dupart's best," which was afterwards distributed among the friends of the southern cause for safe keeping. The federals succeeded in capturing some of it at different periods.f It was hid in hay lofts, under bridges, buried in orchards, and it is said that at this day there are a few kegs in a house in Lexington, lying snugly hidden away between a ceiling and an upper floor.

Response To Gov. Jackson'S Proclamation

June 12, Gov. Jackson issued his proclamation, 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." Lexington was designated as one of the places of rendezvous, and hither repaired those desiring to obey the proclamation. Gen. James S. Rains, of Jasper county, was appointed brigadier-general for this district, and he visited the troops at the camps at Lexington, attended to their organization, and addressed them in an excellent speech. He had previously visited Camp Holloway, and directed the men to rendezvous at Lexington. The Masonic College and adjacent grounds were chosen for headquarters. Here were gathered 1000 men, mostly from this county. A regiment of Lafayette men was organized, of which John T. Graves was chosen

Withers, Whiting, Percival, Webb, Ferguson, commanded companies. Bledsoe's battery was here fully organized, with Hiram M. Bledsoe as captain; Curtis O. Wallace, 1st lieutenant; Chas. Higgins, 2d lieutenant; Frank S. Trigg, 3d lieutenant.

On the 17th of June the first battle at Boonville was fought between about 800 state troops under Col. John S. Marmaduke, of Saline county, and about the same number of federal troops under Gen. Lyon. The state troops numbered in all about 1500 and the federals about 2000, but only the numbers named took part in the fight. The state troops were repulsed by the well armed and organized federals, and retreated with such precipitancy and in such disorder that the affair came to be known in Missouri as the " Boonville races." Each side lost but two killed and a few wounded. In a few days after the Boonville affair the state troops came to the rendezvous at Lexington, uniting with the forces already on the ground. Maj. Gen. Sterling Price having some time previously been commissioned by Gov. Jackson as general-in-chief of the state troops, or Missouri State Guard, assumed command of the state army at Lexington. Learning that Lyon was still moving up the river, and being unprepared to receive him, Gen. Price resolved to retreat to the southwestern part of the state.

C. M. Pirner, of Lexington, says the way this happened was: A young fellow named Brown, who was a printer in the Lexington Expositor printing office, suggested a plan to have some fun, but the affair was never known onlv to Pirner, Brown, James Curry, and a young telegraph operator whose name he cannot now remember. The joke as carried out was as follows: The telegraph operator had a pocket instrument of his own. The telegraph at that time went easward by way of Waverly. He, Pirner, and the operator went out a little way east of Old Town, after it was all dark and quiet for the night, and managed to reach the telegraph wire and hitch on the pocket instrument. The Lexington office was called until it made answer, and then it was informed: "The federals have left Marshall for Lexington, may arrive any minute." The young wags then went back into the city to see the effect; and sure enough, by the time they got up main street to the vicinity of Laurel street, there were horsemen riding rapidly to and fro between the college grounds and different parts of the city. The jokers didn't dare to ask any questions for fear of some suspicion arising, which would have been sure death. But in the morning the state troops were gone. Several histories speak of this sudden and rapid retreat from Lexington, but no one has before given the secret of its mysterious suddenness. Mr. Pirner claims that it was the first * graoevine dispatch " sent during the war, and he wants Lexington to have the historic credit of it.

About the 25th of June the troops left Lexington for the south, the most of the Lafayette county men being in Graves' regiment or Bledsoe's battalion. Gov. Jackson, Gen. Rains, and Gen. Parsons commanded. The ladies and citizens generally turned out to bid them adieu, to wave them fond farewells, and to pray for their success and safe return. The force was hardly an army, since it lacked organization, discipline, and experience, but there was material in it for an Old Guard or a Light Brigade as was afterwards demonstrated.

On the 5th of July the right at Carthage come off between this force and Sigel's command. Bledsoe's battery did important service here. Graves' regiment was engaged but not actively. The state army then inarched to Cowskin prairie, McDonald county, and spent some time in drilling and preparing for active and vigorous service. On the 10th of August the battle of Wilson's Creek was fought, and here again the Lafayette county men distinguished themselves. Graves' regiment was commanded in this engagement by Benj. Elliott, who was given his position on the field by Gen. McCulloch. At the time of his promotion Elliott was serving as a private in the regiment, but had been a captain at Camp Holloway.

The First Federal Troops

While the Secessionists of Lafayette county had been active in preparing for war, the Union men were not idle. Some of the latter there were who had determined if war should come, to take a part, and that upon the side of the Union. Early in the season a number had left the county and made their way to Kansas City or the State of Kansas, where they joined the companies of Union militia or other organizations destined for service under the stars and stripes; and the German citizens of Freedom township, under the leadership of Capt. Becker, were organized and waiting for arms and an order and opportunity to strike. The Germans of Lafayette, like all of their fellow-countiymen in the State, were almost unanimously loyal to the Federal government. Other Union citizens of the county were only watching and waiting for the advent of the Federal troops in the county to themselves enlist on the side of Uncle Sam.

First Lafayette Prisoner Of War

* Mrs. McCausland is one of the most refined, intelligent, and liberally educated ladies of LexiLgton, and would have ministered to a sick or wounded federal as" quickly as to a ; confederate.

soldiers halted in front of his house; he grasped an old shot-gun and ran to drive the invaders from his premises, but was promptlyarrested, being the first prisoner taken in Lafayette county by federal troops. He was held about two weeks and then released on parole. Other citizens who were prominent avowed secessionists were also arrested, James Ball, James Lightner, John McFadden, Alfred Jones, and Isaac McGirk being among the number. This regiment was known as the Fifth regiment United States reserved corps, was only enlisted for three months, and was commanded by Col. Chas. G. Stifel (pronounced sleefel). It was composed entirely of Germans from St. Louis.

Col. Stifel marched his regiment almost immediately to the Masonic college, where he went into camp and threw up intrenchments. The prisoners taken were confined and guarded on the White Cloud. One of them, James Lightner, was shot dead by his guard, one Henry Hoefel, of Company A, while trying to effect his escape. The soldier alleged that Mr. Lightner attacked him with a drawn chair. The other prisoners were either released on parole or taken to St. Louis upon the return of the regiment.

While the headquarters of Col. Stifel's regiment were at Lexington, detachments were sent out through the country, one of which went up the river to destroy all boats, so as to prevent the crossing of re-enforcements to Gen. Price. At Blue Mills landing this detachment was fired upon and one man killed and twelve wounded. About 200 packages of the powder before mentioned were found by another detachment. A company of re-enforcements was brought down from the vicinity of Fort Leavenworth and left at Lexington. Two other Union companies were also organized and armed and placed in the newly constructed fort. One of these was Becker's company, before mentioned, and the other a company raised at Lexington, commanded first by Gustave Pirner and afterwards by Henry- Emde. Each of these companies numbered about fifty men. The first was composed, as before stated, of Germans from Freedom township, with a few members from Pettis county, some of whom had been at Cole Camp, Benton county. The other company was chiefly composed of members of the German Turner organization of Lexington. About one year previously this organization had been presented with a fine United States flag by the citizens of Lexington. In the presentation speech they were adjured to be found faithful in defending their banner from assaults from any quarter.'''' Now, they prepared to obey that injunction. Another company was also organized at Lexington by Captain Fred Neet. It was made up mostly of men from Lafayette county. There was also a company of Union men commanded by Capt. Ridgell, of Ray county. This company numbered about fifty men from Ray, Carroll, and Lafayette counties.

On July 16th, the time of Stifel's regiment having expired, it left for St. Louis, where it was mustered out of the service. On the way down the river it was fired on from the Saline county shore and some of the men killed and wounded. In Cooper county the boat landed, and three of a firing party from the shore were killed by a detachment sent off the boat. Stifel's regiment was the one that fired on the citizens of St. Louis at the time of the capture of Camp Jackson.

Upon the departure of Col. Stifel, the command of the post at Lexington fell upon Capt. F. VV. Becker, of the Freedom township company. As he had three companies under him, he assumed the title of major. " Major " Becker had formerly been a stage driver from Georgetown to Warrensburg, and along that route. He had very little education, but affected a great deal of wisdom, and, dressed in a little brief authority, was given to many fantastic tricks. He wore a pair of huge epaulets and a stunning uniform; kept himself secluded from the common herd; was surrounded by a number of guards, and was as difficult of access as a czar. Yet withal he was a fair soldier. He was quite well versed in military tactics, and drilled his men with considerable skill.

Becker remained in command at the college until about the 25th of August, when Lieut. Col. White, formerly of Stifel's regiment, assumed command, the force then consisting of Becker's, Emde's, RidgelPs, Neet's and Graham's companies, with which and other companies the formation of a regiment was then under way, of which White was to be colonel, Graham lieutenant-colonel, and Becker major. White had, in addition to his infantry force, which had been partly armed by Stifel, four pieces of artillery, two six-pound iron guns, and two brass cohorn mortars or howitzers. Neither of these pieces was very effective. Graham's company was the one that had gone from Leavenworth. It was composed of men who had gone from and near Rock Island, Illinois, a great many of whom were professional men.

In the latter part of August there came two battalions of the First Illinois cavalry, abont 500 men, commanded by Col. T. A. Marshall. They were from St. Louis, and came via Sedalia. Although a fine body of men, the members of this command were poorly armed, having nothing but old-fashioned single-barrelled dragoon pistols, and sabers. Col. Marshall at once assumed command. About the 8th of September came Col. James A. Mulligan with the 23d Illinois infantry, a regiment composed almost entirely of Irishmen and called the " Irish brigade." This regiment had also marched across from Sedalia. Being the senior officer, Col. Mulligan relieved Col. Marshall of the command of the post. He had orders from Gen. Fremont to fortify and hold the place, and information that he would shortly be reinforced. He at once began throwing up additional entrenchments and enlarging those already built.

In a day or two there came to Col. Mulligan, by steamer from Kansas City, the 13th Missouri infantry, under Col. Everett Peabody, of St. Joseph, and Maj. R. T. Van Horn's battalion of United States reserve corps, of Kansas City. These troops were armed with muskets and bayonets. Peabody's regiment was composed of northwest Missourians, with a few from southern Iowa and eastern Kansas. With this command there came two six-pound brass cannon, in charge of Capt. Adams. The guns were poorly supplied with ammunition.

Lexington Fair Grounds Encampment

In the latter part of August, Col. Henry L. Routt, with a body of state troops, intended for service against the federal authority rendezvoused at the fair grounds at Lexington. His forces numbered at first about 800 men, but were increased by recruits who came in by squads, companies, and singly, from day to day, until there were about 1,200 probably in all. Col. Routt was from Ray county and had seen service in the Mexican war. His men were from Lafayette, Jackson, Ray, Clay, and other counties north of the river.

The situation at Lexington was now somewhat singular. In the fair grounds were Col. Routt's troops, secessionists, and only a mile or so away were their deadly enemies, the federals, and yet both camps got along without a general engagement for some days. Pickets were constantly kept out and there was an occasional interchange of shots, but no serious damage done. Each side was afraid of the other. Routt had more men than Becker and the federals, but the latter were the better armed and in fortifications. One feared to attack, the other dare not. At last Col. Routt thought to gain his point by a ruse de guerre, hardly fair, and only allowable in war times.

A number of pronounced and prominent unconditional union men had been made prisoners by the state troops. Among them were Ex-Governor Austin A King, of Ray county, Missouri's chief magistrate from 1849 to 1853; Hon. John F. Ryland, ol Lafayette county, a citizen of Missouri since 1819, judge of this circuit eighteen years, then judge of the state supreme court for eight years; his son, John E. Ryland, is now criminal judge for this district; Wm. Fields, and Mr. Casper. Routt made a demand for the surrender of the troops on the college hill, which was refused. He thereupon prepared a paper in which it was stated that the force of the state troops in the fair grounds was a very large one, well armed, and supplied with artillery; that large re-enforcements, with more artillery were on the way from north of the river; that the college hill was completely invested, and that the best thing Becker could do was to surrender. This paper was addressed to the commander of the federal forces, and was presented to the union prisoners for. their signatures.

The prisoners, headed by Judge Roland, positively refused to sign a paper containing so many and such flagrantly false statements, and so Routt's scheme failed.

Meanwhile the Pirner brothers, both of whom had seen military service in the old country, had provided three shells with fuses and wanted to see whether they would "go" or not. So the next evening they ran one of the old mortars out to the place where Hon. H. C. Wallace now resides, and fired their three homemade shells toward the fair ground, and the first one exploded right over the grounds. This created a perfect panic among the raw troops there, and they clambered over the fences in hot haste, every man for himself, leaving horses, arms, equipments, prisoners, to take care of themselves. Judge Ryland afterward told that he was as badly scared as the rest of them, for he was in the same danger, but he thought it as safe to stay as to run. When the Pirner's had fired their three shells they withrew, and knew nothing of the effect in the fair ground until a negro told them about it the next day. Nobody had been hurt, however.

In a day or two scouts reported the advance of a large force of federal cavalry from Sedalia, and as another federal force was known to be in Johnson county, threatening Lexington, the position of Col. Routt and his men was a perilous one," and he retreated, forming a^ junction with the advancing army of Gen. Price at Index. The union citizen prisoners were taken along.

The Battle Of Lexington

In the early part of the month of September, 1861, the military situation in Missouri was substantially as follows: The federal troops held the Missouri river by a cordon of military posts stretching from St. Louis to St. Joseph. Communication between these posts was easy and generally kept up. The object of this line was to prevent the crossing of the river \>y the secessionists of North Missouri, who, to the number of 5,000 or 6,000, were armed, organized and desirous of joining the army of Gen. Price in southwest Missouri. A portion of these men were of Gen Thomas A. Harris' 2d division of northeast Missourians, including Martin E. Green's brigade, which had been defeated in an engagement at Athens, on the northeast boundary line of the state on the fifth of August. Harris had probably 3,000 men. Another force, belonging of right to the 4th division, was in northwest Missouri. All crossing of the river by the secessionists had to be done covertly, stealthily and in small squads. Only two or three instances are known where more than one hundred crossed at one time.

resting upon the laurels he had won at Wilson's Creek, in the camps in and about Springfield. From reports he knew which one of the four federal posts, Jefferson City, Boonville, Lexington and Kansas City, was the easiest and most important one to take, and he chose Lexington, knowing the ground and the almost certainty of victory, and the great moral effect upon the Missourians, which a victory at Lexington would have, following upon their important success at Wilson's Creek.

In the last days of August, therefore, Gen. Price, with about 8,000 men and seven pieces of artillery, took up the line of march for Lexington. He, however, continued to receive reinforcements as he advanced. On the 2d of September he was at Nevada, where Col. Bevier reached him with 300 men from north Missouri.* On September 7th the army encountered Lane and Montgomery's Kansas troops at Dry wood creek, Vernon county, and after a brief skirmish brushed them out of the way with but insignificant loss. Capt. Bledsoe was here severely wounded by a bullet in the groin, and did not rejoin his battery for some weeks.

At Index, in Cass county, the advancing column was met by Routt's and Vard Cockrell's forces from Lexington. Here the Lafayette county regiment underwent re-organization. Col. Benjamin Elliott was chosen colonel; Counselman, lieutenant-colonel, and Samuel Taylor, maior. This organization lasted until the six months' term of service of the regiment had expired. Here also were met other Missourians " in arms and eager for the fray."

Federal Seizure Of The Lexington Bank

Gov. Jackson had appropriated the school fund of the state to the arming and equipment of the state troops, and it had been proposed to make forced loans from certain banks of the state for the same purpose. To checkmate this action of the governor, as he alleged, Gen. Fremont, the federal commander, in Missouri, ordered the funds of certain banks of the state to be sent to St. Louis not for the use of the federal authorities, as he claimed, but to prevent their being employed to aid the forces of Gov. Jackson and Gen. Price. In obedience to this order of Gen. Fremont, therefore, Col. Marshall directed his Lieut. Col. H. M. Day, to wait upon the officers of the branch of the state bank at Lexington, and secure all the funds of that institution, giving a receipt therefor, and bring them to the fortifications at the college. This was done. Col. Day waited upon the bank officers and presented the following order:

To Col. Day: - You will proceed, without delay, with one company, to take possession of the money in the bank at this place and give vour receipt for it, as also a copy of this order.

Mr. Morrison, then one of the directors of the bank, and now of the Morrison- Wentworth bank, states that he had buried the funds of the bank, in anticipation that they would be taken, but the federal officers had been informed of their whereabouts and so informed him. They were therefore soon surrendered. The cashier, Mr. C. R. Morehead, was afterward censured and dismissed from the service of the bank for being the informant, but he declared his innocence.

Received at Lexington, Missouri, 7th September, 1861, of the Farmers' Bank of Missouri at Lexington, seven boxes of American gold coin, marked and said to contain each $20,000, and numbered from 1 to 7 inclusive. Also, one box of foreign and California coin, marked and said to contain $10,659.60; also, three bags said to contain $5,000 each, amounting in all by the above estimate to $165,659.60; also, seven cases of bank note circulation, being the circulation of the Farmers' Bank of Missouri at Lexington, numbered and said to contain as follows and thus marked: " No. 1, $50,000; No. 2, $50,000; No. 3, $50,000; No. 4, $74,000; No. 5, $100,000; No. 6, $200,000; No. 7, $270,500." Total amount of bank notes circulation being, according to the above estimate' $794,500. H. M. Day,

By appointment of the bank, Messrs. S. G. Wentworth and C. R. Morehead started with the money for St. Louis via Warrensburg, under convoy of Marshall's cavalry. When about 20 miles out from Lexington the expedition confronted the advance of Price's army and hurriedly turned about and returned to the entrenchment at Lexington. The money was then delivered to Col. Mulligan and buried under his tent by Lt.-Col. Quirk, Major Moore, and Captains Gleason and Moriarty, the first three named from Chicago, Capt. Moriarty from La Salle, Illinois, and all of Col. Mulligan's 23d Illinois Infantry. (See article headed " The Lexington Bank's War Money.")

Against the seizure of their money the president, cashier, and members of the board of directors present, protested, alleging that they had " full faith that we are fully able to protect and manage the same." The protest was disregarded, however, but the officers were assured that they would eventually get their money, since it was only being removed to prevent its falling into the hands of the " rebels " under Jackson and Price. No objection was made to Messrs. Wentworth and Morehead accompanying the treasure, to see that it was safely deposited in St. Louis.

Confederates March On Lexington

there that day. The soldiers were tired and hungry and the good people of Warrensburg generously fed them and cared for them to the best of their ability. The Federals in Warrensburg had abandoned the place at midnight before Price reached the town, and retreated to Lexington, burning the bridges behind them. From Warrensburg to Lexington the distance is about 34 miles, and early on the 12th Gen. Price started for the latter place, Col. Elliott's Lafayette county regiment having the advance. The troops marched hard, fast, and far, as may be concluded from the distance accomplished in the given time; but man)' of the men were in sight of their homes, and this fact annihilated distance and lessened toil and fatigue.

At a covered bridge across the Garrison fork of Tabo creek, five miles from Lexington, a force of the Federals was encountered. This force consisted of four companies of home guards, a portion of Peabody's regiment, and two companies of Illinois cavalry, and had fallen back from Warrensburg on the approach of Price's forces. The Federals were driven back and another skirmish ensued at another bridge nearer town. One of these bridges was set on fire. At last the Federals were forced back into their intrenchments and Prece's forces occupied the southern and eastern part of Lexington. The artillery was brought up and the college hill vigorously cannonaded for a few minutes. Bledsoe's battery took up a position near the residence of Judge Tutt, and Guibor's guns were stationed in different portions of the town in range of the college. A portion of Rains' division also got within range of the Federals and skirmished with them. Darkness closed the scene, and both parties rested for the time and prepared for future and greater action. A strong picket force was kept up by each side. The loss of the Federals in killed during the skirmishes of the evening is given by the Chicago PosCs correspondent, who was in the fight, as 8 killed and 15 wounded. Loss of the State troops unknown, but estimated at 25 killed and wounded. The forces in the skirmishes on the Federal side were commanded by Major Van Horn.* The forces of Gen. Price were a portion of the Lafayette county regiment and other troops of Rains' division.

After nightfall councils of war were held in the camps of both armies. Mulligan sent for his officers and a consultation was had in the college building. There were present Cols. Mulligan, Marshall, "*White, Peabody, fGrover, and fDay, Majors Van Horn and Becker, and Captains Neet, Graham, and Duncan, the latter from Johnson county and who had followed Peabody from Warrensburg. The subordinate officers all expressed it as their opinion that the best thing to do under the circum-

*Col. [Maj ] Van Horn has been for many years editor-in-chief of the Kansas City Journal; and was the member from that district in the 39th 40th, 41st, and 47th Congress, f White, Grover, and Day were lieutenant colonels.

stances was to evacuate the works and the place. White wished to cross the river on the two steamboats lying under the works; Peabody and Marshall wished to go to Sedalia, Peabody promising to go with his regiment in the advance and clear the way. When every other officer had given his views, Mulligan spoke: "Gentlemen," said he, " I have heard what you have to say, but, begad, we'll fight ''em! That's what we enlisted for, and that's what we'll do."

Preparations were instantly begun in accordance with the directions of the plucky commander. The whole force, in details of 500 men was put at work on the intrenchments and worked night and day until they were completed. Mulligan expected re-enforcements every da)7. Gen. Lane, on the frontier of Kansas, had 2,000 men, and these with a part of Pope's command under Gen. Sturgis, and a large portion of Jeff. C. Davis' at Jefferson City, were disposable for the relief of Lexington, toward which point they were directed and expected to move as rapidly as possible. On the 13th two regiments were ordered from Jefferson City to Lexington, and word of this reached Mulligan. He accordingly enlarged his works to accommodate the expected re-enforcements. He refused to have any wells or cisterns dug at first, saying that the college cisterns would afford sufficient water for the men, and the Missouri river, which his works commanded, would furnish enough for Marshall's cavalry horses. * Major Moore and Captain McNulty, civil engineers, of Mulligan's regiment laid out the works.

The same night a conference was held between Gen. Price, Gov. Jackson, and their subordinate commands. One or two of the officers voted for an immediate assault, but the majority, including Gen. Price, decided that there should be no useless shedding of blood; that the federals need only be surrounded and watched; that their capture was already assured, being now a mere question of time; that Harris' and Green's men from north of the river, as well as Boyd's and Patton's, were on the way and ought to be waited for, and that under no circumstances, except for defense or to prevent the escape of the federals, ought offensive or vigorous operations to be conducted. " We've got 'em, dead sure," said " Old Pap" to his officers. " All we have to do is to watch 'em."

The next morning a smart skirmish was had in the vicinity of the fort. The state troops were repulsed. Only about 300 were engaged on either side. This fighting was done on the side of the state troops by the Lafayette regiment and volunteers from elsewhere. Conspicuous among the latter for gallantry, and reckless in his exposure of himself, was Col. John

*Maj . Neet, of Lexington, says a well was afterwards dug ninety-seven feet deep, one or two hundred feet north of the college building, without finding water, and the hole was filled with dead horses, then covered with dirt again. In Col. Mulligan's speech at Detroit, Mich., Nov. 29th, he said: "The night of the 19th two wells were ordered to be dug.* We took a ravine, and expected to reach water in about thirty hours."

W. Reid, formerly of Lexington, then of Jackson county, and a member of the federal congress. At the close of the fight, the federals sent a detail which burned the residence of Thos. B. Wallace, Esq., a union man. The house had been occupied by some sharp-shooters, who were picking off the federals constantly. After this the state troops retired to the fair grounds and the federals to their works, to improve which they instantly began.

From this on for five days the situation at Lexington was a singular one. Both the federal and state forces were occupants of the town at the same time. Price's army was encamped at the fair grounds, where Routt had been; Mulligan and his men were on college hill, where Becker had been. Detachments from each side would go into the town, meet and exchange shots and then retire. Col. Elliott and the Lafayette county regiment were active in service. On one occasion the colonel himself, at long range, shot a federal soldier.

From the 13th to the 18th of September there was constant preparation going on and daily rencontres. Gen. Price was waiting for his reinforcements from the north side of the river and also for the arrival of all of his ammunition wagons and munitions of war from Springfield, and closing around the federals. In the meanwhile Mulligan was fortifying and preparing to receive his visitors rather warmly when they should come. * In addition to his fortifications he constructed pits to throw into confusion the enemy's forces if they should attempt to charge, and also constructed mines, stripping the college building and the boarding house of their water pipes in which to lay his fuses, having none of the regular sorts provided. And Mulligan, too, was confidently expecting re-enforcements. Day after day his officers looked anxiously across the river into the wide bottom lands opposite, in hope to see Sturges' column approaching to their relief, or listened for sounds of combat from the southeast, announcing the approach of Jeff. C. Davis, from that direction. At last a small column was observed with a good field-glass some four or five miles across the river. This was Gen. Sturgis, with eleven hundred men of the 27th and 39th Ohio volunteers, referred to in Gen. Pope's dispatch to Fremont. But Gen. Parsons lay between him and the river with 3,000 confederate troops, and Sturgis therefore retreated to Richmond. See article headed " Gen. Sturgis' March for Lexington."

Re-inforcements had been ordered from Lexington by Gen. Fremont from Gen. Pope. The latter had telegraphed Fremont from Palmyra on the 16th:

*Lieut. McNulty, an old foundry man, and an officer in Col. Marshall's cavalry regiment took possession of Morrison's foundry and cast cannon balls until Price got possession of the city. He succeeded in making 150 six pound balls before being driven into the fort.

(the 18th), and consist of two full regiments of infantry, four pieces of artillery, and 150 irregular horse. These, with the two Ohio regiments which will reach there on Thursday, will make a re-enforcement of nearly 4,000 men and four pieces of artillery.

On the morning of the 13th of September, the reports of the company commanders of Mulligan's troops showed that there were present for duty 2,780 officers and men, with 24 sick and wounded in the hospital. The strength of Gen. Price's forces can only be approximated. Rations were issued to twenty thousand men, as reported by Col. Ben. Elliott to the writer hereof. The commissary general of the Missouri army, then (and now) in Lexington, refuses to furnish any information. No sooner, however, did the news get abroad that the " Yankees were surrounded " at Lexington, and the rfews traveled fast, than recruits flocked in from every quarter, and it is probable that 23,000 men took a part more or less conspicuous in the conflict on the side of the state.

The Blue Mills Rencontre

On the 17th a brilliant little victory was won at Blue Mills landing, on the Clay county side of the river, by the forces of Colonels Boyd and Patton, principally from northwest Missouri and on their way to join Gen. Price. The state guard troops who were crossing at Blue Mills consisted of 4,400 men. Gen. D. R. Atchison's report to Gen. Price, says they were, one regiment of infantry under Col. Saunders, and one under Col. Jeff. Patton ; one regiment of cavalry under Col. Wilfley, and one battalion under Col. Childs; a battalion of infantry and artillery under Col. Boyd, embracing Capt. Kelly's battery of four guns; and a small force under Col. Cundiff.

Gen. Pope, under orders from Fremont, had telegraphed Lieut. Col. Scott, at Cameron, on the Hannibal & St. Joe railroad in Clinton county, and to Col. Giles F. Smith, at St. Joseph, to march to Liberty, in Clay county, and there join their forces and intercept the rebel troops that had left St. Joseph, September 12th, to join Price at Lexington. A later order was sent to Col. Smith, that if they failed to intercept the rebel troops, then to march onto Lexington; but Col. Smith had already gone when this order came, and it never reached him. Lieut. Col. Scott left Cameron with 570 men and one cannon, the 3d Iowa regiment and a few home guards and German artillerists composing the force. Col. Smith's forces consisted of his own regiment, the 16th Illinois, two companies of the 39th Ohio, and four pieces of artillery. (These were the reinforcements which Gen. Pope assured Fremont would reach Lexington September 18th, consisting of "two full regiments of infantry, four pieces of artillery, and 150 irregular horse.") The 3d Iowa, Lieut. Col. Scott's command reached Liberty, and not finding the Illinois men there, and learning that the " rebels " were nearly at the river, where they were prepared to cross, set out after them, Gen. D. R. Atchison had been sent by Gen. Price to hurry forward the reinforcements. He arrived at the landing, and learning that the federals were following Boyd's and Patton's men, he ordered an ambush to be laid, into which the Iowans rushed and were promptly and thoroughly defeated, losing forty or fifty men, while the Missourians lost not more than a dozen. Boyd's and Pattern's men (among whom it is said were a battalion of Harris' division) crossed the river and all arrived at Lexington the next day. Capt. Kelly's battery of four guns was with the command.

On the same dav of the Blue Mills fight, Gen. Price had completed the investment of the federal fortifications except the side next the river. Rains' division occupied the ground east and northeast of the works, the line stretching as far south as Main street. Parsons' division lay the full length of Main street, [marked North street on city map]. Slack's 4th division joined the left of Parsons' and extended to the river; a portion of this division was in reserve. The next day Harris' division occupied the line along the river front to a junction with Rains' division. Bledsoe's battery, commanded at first by Emmett McDonald, of St. Louis, and on the last day by Bledsoe himself, was east and northeast of the fort.* Guibor's battery was at work from different positions in the town, usually at street crossings. Congreve Jackson's force, of Clark's division, and Gen. Steen's division were considered reserves, but were actively engaged at times. Gen. McBride's division also supported and acted with Harris'. Kelley's battery was on the left of the line, along the river, and on the last day was in position northeast of the Anderson house. Kneisley's battery accompanied Harris' division in its different movements.

A demand was made upon Mulligan for surrender, but he returned the reply: " If you want us, you must take us." Thereupon operations began in earnest. A heavy and almost continuous fire was opened on Mulligan's position, from the artillery and from every description of smaller firearms. Old long-barreled squirrel and hunting rifles were employed by the newly recruited state-rights men who did good execution with them as sharpshooters. They crawled up the gullies and ravines to within a few dozen yards of the Federal intrenchments and, following the . fashion at Don ny brook fair, wherever they saw a head they hit it - if it were the head of a Federal. Old shot-guns were also employed by some; others used revolvers when they could, and still others muskets. Parsons' division lay along the sidewalks on Main street. The houses thereon had

*Bledsoe's battery was planted at west front of Judge Tint's residence, part of the time; and Mrs. Tutt informs us that three fruit trees in their yard were shot off by the federal cannon; one ball smashed through her kitchen and into the main house; and one man was killed at her north doorway.

been for the most part vacated by the residents. The soldiers ascended to the upper stories and fired from the windows, often sitting down in easychairs in the intervals between firing, and taking things ^asy and luxuriously. Not always, however, did these men have such comfortable riflepits as they had at Lexington.

And now the people came in from all parts of this portion of the State. Old men and boys gathered from the surrounding counties with arms in their hands and crept up and took a pop or two at the " Yankees " in the breastworks. Indeed, men of all ages, citizens, not soldiers, did the same. Many men brought their wives with them to see the "sport " of a battle! Some of the visitors rode in carriages, and the occasion seemed to be regarded as a sort of a pic-nic, or holiday affair.

On the 18th, about noon, Col. Rives moved down the river and captured the steamboat and the ferry-boat. He had assistance from Mc- Brides', Slack's and Stein's divisions. Major Becker, who commanded two companies of Federals that were in a lunette breastwork guarding the boats, beat a hasty retreat to the main fortifications, and Harris' men were soon half way up the bluff and popping away at the now completely cooped up Federals. The capture of the boats and the river front was an important one and greeted with enthusiastic cheers by men of all divisions of the State troops.

The Hospital Episode

The Federals had occupied as a hospital the then magnificent residence of Oliver Anderson, Esq., a two-and-a-half story brick building, down the slope about twenty rods west from the outer line of their intrenchments [See diagram,] and several hundred rods from the " Masonic College. " On top of this building there was a yellow flag displayed, marking it as a hospital, and in it were 24 sick and 96 wounded, according to Mulligan's report. The hospital was in charge of Dr. Cooley (now of Kansas City) as Surgeon and Rev. Father Butler, a Catholic priest, who was the Chaplain of Mulligan's regiment. On Wednesday, September 18th, this hospital building was captured by the State troops, the reasons for which are given by Brigadier General Thomas A. Harris in his official report made to Gen. Price immediately after the close of the siege. At the time of the Lexington battle there was no newspaper being published in the city; the Lexington Express had been suspended, but its printing material was in the custody of Ethan Allen, Esq., now business manager of the Lexington Intelligencer printing establishment. And immediately after the battle Mr. Allen printed two sheets or circulars, headed " Official Bulletin - Extra, " containing the official reports Generals Price, Parsons, McBride, Harris, Rains, Stein; Colonels Rives, Jackson, Hughes; Lieut. Col. Boyd and Major Winston. And from this document we copy what Gen. Harris, in his report to Gen. Price, says about the hospital matter, as follows:

At 11:15 o'clock I received the order from yourself in person to move my command along the bank of the river to the support of General McBride's command, and Gen. Slack's division under command of Col. Rives. At the same time you gave me instructions to capture the brick house, outside the enemy's tines of defense, known as the Anderson house, or hospital, provided, that if upon my arrival there I was of opinion that I could carry it without too great a loss. * *. Upon my reaching the point known as the hospital, I dismounted and ascended the hill on foot. On my arrival I found Col. Rives' command supported by a portion of Lt. Col. Hull's and Major Milton's (cavalry) command of my division. From a personal inspection of the position occupied by the hospital, I became satisfied that it was invaluable to me as a point of annoyance and masque for approach to the enemy. [See diagram.] I at the same time received your communication as to the result of your reconnoisance through your glass. /, therefore, immediately ordered an assault upon the position, in which I was promptly and gallantly seconded by Col. Rives and his command, together with Lt. Col. Hull and Major Milton, and their commands of my own divison. The hospital was promptly carried and occupied by our troops; but during the evening the enemy retook it and were afterward driven out again by our men with some loss. [The state troops first captured the hospital about noon, or between 12 and 1 o'clock. About 2 or 3 o'clock it was retaken by Mulligan's men ; and about 4 or 5 o'clock was charged upon and captured a second time by the state troops, and thereafter held by them.]

Thus it will be seen that Gen. Price and Gen. Harris planned and ordered the capture of the Anderson house or hospital, because as Gen. Harris says, "it was invaluable to me as a point of annoyance and masque for approach of the enemy," a fact which will be seen at a glance by consulting the diagram of the position printed on page 350. [The map of the battle of Lexington, given in Greeley's American Conflict, Vol. I, p. 586, is so ridiculously inaccurate that it is a perfect burlesque.]

This hospital matter has been much animadvered upon by partisan writers on both sides. Col. Mulligan assumed that the confederates were guilty of a breach of civilized warfare in firing on a hospital; and, consequently when his men retook the building, having this belief firmly fixed in their minds, they gave no quarter, but killed every armed man caught in the building. Some of the minor confederate officers seemed to labor under the same impression, and claimed as an excuse or justification for the capture, that the federals had fired upon them from inside the building ; but this was positively denied at the time by the surgeon, Dr. Cooley, and the priest, Father Butler, who were in the hospital, and by Major Meet, Mr. H. Booth man, and others, still living in Lexington, who were at the time in that part of the entrenchment nearest the hospital. But, aside from this, the official report of Gen. Harris, made at the time, shows that there was no such reason for the capture ; but that it was deliberately planned and ordered as a rightful military movement. The federals had no militant right to expect that a strategic position so important to their opponents as the Anderson house and premises manifestly was, would or should be left in their quiet possession merely because they had seen fit to use some part of it for hospital purposes. Nevertheless, that first false scent has been followed and barked after for twenty years - the federals erroneously claiming an unjustifiable attack on the hospital, and the confederates erroneously claiming that they were first fired on by federals from inside the building, and that for that reason the attack was made.

As a detachment of the Missouri troops, under command of Col. Rives, . were passing down the bank of the river to capture a steamboat lying under the enemy's guns, a fire was opened upon him from a building known as Anderson's house, standing on the summit of the bluff, and designated as a hospital by the white flag over it. There were in the building at the time, twenty-four, sick ; but it contained also a large body of armed soldiers. Indignant at the perfidy which directed this attack, several companies from Gen. Harris, and the fourth division, rushed up the bank, leaped over every barrier and speedily overpowered the garrison.

Compare this with Gen. Harris' report, and see how widely they differ. Gen. Harris was the man who planned and ordered the movement, and he certainly ought to know best about it.

The truth of history in this matter, without any partisan coloring, is simply this: When the first capture of the hospital occurred, which was between 12 and 1 o'clock, the federals did not have an armed man in the building; and on the other hand, it was not at all necessary to say they did, in order to justify Gen. Harris' tactics. He did not assault the hospital, but its capture was a necessary incident of any success he might have in assaulting that part of the federal line. There were confederate sharpshooters lying under the edge of the banks of a dug-down carriage-way within eighty feet of the hospital building (see diagram, at e); and as soon as it became known that a charge was going to be made on the hospital front of the federal works, and even before the assaulting column got in motion, some of these sharpshooters, probably not belonging to any command, had ran across that eighty feet space and up into the building, and commenced firing down on the federals from the upper windows. Three eye witnesses of this movement have informed us that it was not over thirty seconds from the moment they started on the run till they were in the building and firing from the windows.* It was this firing which was seen by some of the confederate troops as they rushed forward in the regular assaulting column; but not knowing anything about that bit of independent and successful strategy which the sharpshooters had played on their own hook,

* "The confederates obtained possession of Col. Anderson's house and instantly filled it with their sharp-shooters. * * * This was only some thirty or forty yards from the [Federal] outer line of entrenchments." - #<. Louis Republican report.

these troops in line very naturally supposed that the firing from the windows was by federals, and so reported. This state of things shows plainly enough how it happened that such contrary assertions were positively made in regard to this matter; and both sides can now afford to accept the truth of it - that the federals did not perfidiously use a hospital building as a garrison, as Pollard asserts; and the confederates did not wantonly assault a hospital, as Col. Mulligan and the federal writers claimed. The following diagram is given to make the matter more intelligible:

Diagram Of The Hospital Position

Explanation. - "A'" is the Anderson house, or hospital. -'B" is a smaller brick house back of it. "C1 was an outlying, low earthwork, projecting down nearly into the ravine represented by the dot line, while the enclosed earthwork was built up around the head of the ravine, as shown by the plain line. 4,D" was the sally-port in the earthworks, and was about 103 yards from the hospital. "B" was a canallike carriage-way leading up to the house, and in which the sharpshooters lay secure, only about SO feet with a little dirt thrown up for protection from bullets. The dotted line, 8 8 8, shows a "deep gorge or ravine which was full of confederate sharpshooters; they found good shelter under its steep banks, as marked s 8 s.

Fkdearl Operations

As soon as word was sent to Mulligan that the hospital had been captured, he ordered a German company, of Peabody's regiment, to retake it. This company, Mulligan says, refused to go outside of the breastwork, saying: "We shall go not out, for it is bad to go out!" A company of White's home guards was then ordered to "go out," but it would "go not out." "Then," Mulligan says, "the Montgomery guards, Capt. Gleason, of the Irish brigade, were brought out. The captain admonished them that the other companies had shrank from the task, and with a brief exhortation to uphold the name they bore, gave the word to ' charge /' The distance was SCO yards. They started out from the intrenchments, first quick, then double-quick, then on a run. The enemy poured a shower of bullets upon them, but on they went. They ran down the slope to the hospital, and, with great bravery, drove the enemy before them, hurling them far down the hill beyond."

The assault was no doubt a brave one, but it was also a ferocious one. Mulligan had said: "Teach the d - d vagabonds what it means to charge a hospital, and abuse wounded men, and insult a priest;" and Gleason's company took but one prisoner, a young man named Mansur, from the north side of the river; he got under the blanket with one of the Illinois cavalrymen who was lying sick, and so passed for a sick man himself, and thus escaped. All the rest caught in the building were shot or bayoneted; three of these latter were from Richmond, Ray county. These federal soldiers have been accused of barbarity, but they were resenting what they at the time fully believed to have been a wanton violation of the hospital flag.

The federals held the Anderson house but a short time. It was retaken that evening, after a hot fight on the part of Capt. Gleason, who was twice wounded; once by a ball, which passed through both cheeks, and again by another, that went through his arm. The loss of the federals, at the Anderson house, Mulligan says, was thirty out of eighty men engaged. It is said that four of these were sick and wounded men in the hospital, who were killed by shots not aimed at them. The priest, Father

Mulligan's position now was indeed a perilous one. Environed on all sides, subjected to a disagreeably accurate fire, both of artillery and small arms, his men dared not expose themselves. Now they were entirely cut off from the river, and Marshall's cavalrymen and some of the teamsters had watered their horses out of the cisterns at the college, and there was but little water left - what there was being muddy. Two springs at the foot of the blufls, one on the north and one on the south, were closely guarded by the enemy, and it was death to venture to them. Mrs. Engle and Mrs. McDonald, wives of two soldiers, were inside the fortifications* They ventured down to the spring on the north side for water, but were met by the guards, given refreshing draughts themselves, their buckets politely taken from them, and they then returned of their own accord to their husbands. Greeley's history, and several others, sav that in their extremity "the soldiers caught the falling rain in their blankets, and then wrung it out into camp-dishes, to assuage their thirst." Lieut. McClure's diary notes that rain fell during the afternoon of September 13; and the Chicago Tribune's account of the battle says, "a heavy rain came at intervals, greatly to their relief." - (Rebellion Record, Vol. 3, p. 71.) One of Col. Mulligan's men prepared a consecutive and well written account of the battle for the Chicago Post, in which he says: "On the morning of the 19th it rained heavily for about two hours, saturating our blankets, which we wrung out into our canteens for drinking."

On the 19th the situation was unchanged save for the worse, and on the 20th it was still worse. Marshall's cavalrymen and the horses were a great- disadvantage to the Federals. The men could not fight save only as a soldier of another command was shot and unable to use his musket, for they were armed only with old dragoon pistols that would not carry above 100 yards, and then would hit nothing they were fired at. The horses were only in the way. Many were killed and the stench from their carcasses soon became unbareable. The dead bodies of the men that had been killed were also very offensive, for they were permitted to lie above ground awaiting the close of the fight, until the night of the 19th, when some of them were given a hasty and imperfect burial inside of the works. The horses became frantic with thirst and many of them ran about the works unrestrained and trampled upon the soldiers. Their masters were for the time being non-combatants, and only sought to shelter themselves from the bullets of the enemy.

*The wife of Col. Mulligan was in the city, a gnest of the family of Wm. Hunter, Esq. She had come from Jefferson City after the seige commenced. Mrs. Maj. Van Horn was at the Virginia hotel, then kept by Henry Turner, Esq., on the corner of Laurel and Franklin streets (now the Opera House). Dr. Alexander was then postmaster, and delivered the federal soldiers' mail to Mrs. Van Horn.

The position of Mulligan's forces the greater portion of the time were as follows: The Irish brigade [regiment] were in the woods on the north aad northeast; Peabody's regiment and one or two of the home guard companies were upon the south, and Col. White's home guards, Neet's, Graham's and Van Horn's men held the west line and an angle on the south.

On the evening of the 18th Dr. Cooley, being on parole, came up from the Federal hospital to the entrenchments on an errand. As he passed Capt. Neet, he whispered, "Lookout! they'll charge you to-night." Thus forewarned, a picket rope was procured from the cavalry and stretched in front of the breastworks and between them and the hospital. True enough, at about 9 o'clock a charge was made by some of the men of Rive's command, but it was easily repulsed, with some loss on the part of the assailants, the picket rope tripping many of them up and adding to'the confusion which led to their repulse.

On the 19th a fire from all sides was kept up on the fort, and many Federals were struck. The old squirrel rifles were getting in their work. Their owners crept up, and with a tree, a stump, a rock, or a hump of earth for a breastwork, they fired at every animated object they saw inside of Mulligan's works. Not a " yankee " dare raise his head above the parapet, and indeed, not a " reb " dare expose himself to Mulligan's muskets either. Many of the Missouri sharp-shooters were up in trees, from which positions they made it especially warm for the Federals. At 8 o'clock p. m. a proposition to surrender was received by Mulligan and rejected.

At 1 o clock on the morning, of the 20th the batteries of the State forces opened on the Unionists, occasioning some alarm on the part of the latter and apprehension of an immediate assault; but none was made, and the camp relapsed into something of quietude, notwithstanding the incessant firing of the riflemen of Rains and Harris and Parsons and Slack.

Provisions were scarce in Mulligan's camp. There were no crackers or " hard-tack," and no water with which to prepare flour lor baking. By some means a little was procured and some "slap-jacks" made by some of the Irishmen on the night of the 19th. But the Federals did not complain so much of hunger as of thirst; and while there was much distress from the latter cause there was comparatively little complaint upon that score. Officers and men were anxious to fight the battle to the end, let that be what it might. And the end was beginning.

Mulligan hoped that either re-inforcements would reach him, or that Price would assault him. The only really practicable points of assault upon his works were east, north and south of the heavy breastworks about the college building and the boarding house, and these were easily defended. The ground in front was dug full of pits, the ditch was deep and broad and the approaches heavily mined. A storming column would have been blown into the air before it could reach the pits, and there were mines up to the edge of the ditch.

An assault was advised by some of the subordinate commanders of the State troops, and hundreds of men were quite willing to attempt it; but Gen. Price refused to needlessly expose his men to such great danger, when he had as he expressed it, a " dead sure thing " on Mulligan's command. " There is no use in killing the boys now," he is reported to have said; "poor fellows! They may, some of them at least, be killed soon enough."

The morning of the 20th dawned cold and cloudy. Bledsoe's battery opened early on the college building, and was assisted by a section of Guibor's, under Capt. S. Churchill Clark, of St. Louis. The object was to Datter down the building, or make it untenable for Mulligan and his men; but the calibre of the artillery was too small to effect much in this direction. All of the guns were six-pounders, save " old Sacramento," the famous twelve-pounder of Bledsoe's battery. The Federal artillery replied very infrequently. Ammunition was getting scarce. Adams' two guns of Peabody's command had only a few solid shot, cast in Morrison's foundry, by Lieut. McNulty, of IMarshall's cavalry, and all the artillery cartridges used during the siege were made by hand. One iron gun in charge of the Lexington home guards under Capt. Pirner used canister shot, made very rudely by themselves. (See article headed " Battle Items.")

Mulligan's artillery fired many shots into the town. One of the cannon balls struck one of the Doric columns of the court house, and the place where it struck is plainly visible at this day. Another struck the rear of the business house on the corner of North (or Main) and Pine streets, where Geo. F. Maitland's grocery house is now located; the ball passed through the iron window grating, and then striking a large iron safe near its corner, plunged diagonally through its iron and asbestos wall and out again diagonally through the next rectangle wall. E. Winsor, Esq., now has that safe in his insurance office; and how that cannon ball could go through, instead of glancing, when it struck the heavy iron safe at a slant, is a philosopical mystery. A hot shot set on fire a frame building on Main street, behind whii h one of Guibor's guns had been placed, and the house was wholly consumed. It belonged to John M. Fleming, a decided union man. Other houses in various parts of town, mostly near the college, were burned by hot shot from Adams'guns. On the last day of the siege, Guibor's battery fired some hot shot at the federals, aiming at the college building, but did not succeed in burning it.

At about 9 o'clock on the morning of the 20th, quite spirited fighting took place on the northwest quarter of the federal intrenchments, between Harris' and Martin Green's northeast Missourians on one side, and Beck- er's home guard, and one company of the Irish regiment on the other. Green's men made a splendid charge on the outer line of breastworks, and carried them, but were shortly after driven out with some loss. Kelley's battery was moved up to the position occupied by Gen. Harris' force,* and quickly opened a very effective fire.

When the federal transports were taken, the lower decks of one of them were protected by hemp bales procured from some of the warehouses on the wharf. On the evening of the 19th, some of Harris' men themselves rolled some of these bales part way up the bluff", and lay down to sleep behind them. After this all the hemp bales in Anderson's, McGrew's, Sedgwick's, and other warehouses, were brought forward and used with powerful effect. [See article headed "The Hemp Bale Strategy," on another page].

At 12 o'clock on the 20th, the situation of the federals was desperate and distressing. Mulligan was wounded in the arm by a grape shot from Bledsoe's guns, and through the calf of the leg bv a squirrel rifle ball. Marshall was wounded in the chest; White was severely wounded, (shot through the lungs, but lived a cripple in St. Louis, for six or eight years afterward); Peabody was wounded; Van Horn was wounded; Groverwas wounded ; other officers were wounded. Major Becker was in the outer works, the only undisabled officer in his rank.f

At about half past one o'clock Major Becker, from the works near the college building, raised a white flag. Instantly, the firing on the part of Price's troops slackened, and soon ceased altogether. The federals in other parts of the works did not understand the silence that followed, and when told that it meant surrender, many of them cursed and upbraided Becker for his action, declaring themselves able and willing to " fight the thing out." Whether or not Col. Mulligan in his heart approved the raising of the white flag at the time cannot be stated. Certain it is that he manifested much emotion, going to the extent of shedding tears, and that he soon sent out Capt. McDermott, of the Irish brigade, with a white handkerchief tied to a ramrod, and directed him to make arrangements for a parley. Maj. Moore, also of the brigade, was sent to Gen. Price's headquarters, and the terms of surrender were arranged. These were unconditional - the officers were to be retained as prisoners of war, the men to be paroled and allowed to depart with their personal property, after surrendering their arms and accouterments.