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OF

CONFISCATION AND REPUDIATION.

155

Act of Confiscation

6 Couservatives."

purchaser in his possessions; by the law of commission. Among others was this ordiequity, securing correlative rights; by the nance, which we place on record as one of force of special legislation conceding supre- those landmarks of Southern feeling and macy, and acknowledging obedience, to the course of procedure. It may suggest to fuConstitution of the United States; by the ture lawgivers what course is best likely to rights of fraternity and highway obtained by avail with those who are the surrounding States—the principle of se- base enough to make bed

and Repudiation. cession must be pronounced wanting in law, fellows with treason : equity or good faith. The right of revolu- “An Ordinance in regard to Foreign Indebtedness in the tion to redress wrongs too grievous to bear, State of Arkansas, and with regard to other objects : may be conceded—the right of peaceful seces

“SECTION 1. Be it ordained by the people of Ark

ansas, in Convention assembled, that all the debts sion, never.

of whatever kind due or to become due hereafter, The “conservative” men Address of Arkansas

whether the same be evidenced by record, bond, of the State--those who,

note, bill of exchange, or by other proof; and whein the late Convention, had ther such indebtedness is dischargeable or to beopposed immediate secession and had pro- come dischargeable by money, property, or other cured the submission of the whole matter to choses in action, where the duty of payment is due a vote of the people, issued a belligerent or is to becoine due upon resident citizens of the manifesto or “address," from which we may State of Arkansas, and is due or is to become due quote: “The employment by the Federal to a resident or citizen of the State of Maine, the Government of its military power and mate- State of Rhode Island, the State of Massachusetts, rial resources, which have been supplied alike the State of Vermont, the State of New Hampshire, by all the States of the Union, to compel any the State of Connecticut, the State of New York, of them to submit to its jurisdiction, is utterly the State of Ohio, the State of Indiana, the State of

the State of New Jersey, the State of Pennsylvania, opposed to the spirit and theory of our insti- Minois, the State of Michigan, the State of Iowa, tutions, and in a little while would reduce the State of Wisconsin, the State of Minnesota, the the States which constitute the weaker sec- State of California, the State of Oregon, or the State tion, to the condition of mere appanages or of Kansas, or to a resident or citizen of the Terriprovinces to the dominant and stronger sec- tory of Utah, Washington, Dacotah, Nevada, or tion, to which anarchy itself would be pre-Colorado, be and the same is hereby distrained and ferable.

appropriated to and for the use and benefit of the The South is our country'—and while we | State of Arkansas, and payments thereof are here. are satisfied that, up to the moment when after to be made to the State of Arkansas, in such the Government at Washington committed manner as shall be provided by ordinance of this the folly and wickedness of making war upon the State, and all other payments are hereby pro

Convention, or by enactment of the Legislature of the Seceded States, the conservative party in hibited, and declared null and void, and the party Arkansas was largely in the ascendant, we making the same shall be responsible to the State cannot believe that her soil is polluted by a

for the full value of such payment of money, or of being base and cowardly enough to stop to delivery of property or chose in action. consider, in casting his lot in the unequal “Sec. 2. Be it further ordained, That all money, struggle in which she is engaged, whether property and choses in action that are now in posshe is right or wrong.'”

session, or that may hereafter come to the possesThat was the proper course for Albert Rust sion of any attorney, marshal, sheriff or agent, or to pursue if he would still be in the van. other person in this State, for the use or benefit of He took his seat in the Confederate Congress any citizen or resident in any of the aforesaid States May 17th, as one of the five delegates from and Territories, be and the same is hereby distrain. the “new sister.” The act of admission to ed and appropriated to and for the use and benefit

of the State of Arkansas, and that all payments or the Confederacy was passed on that date.

delivery thereof, otherwise than such as may be Before adjournment, the Convention pass- hereafter provided by ordinance of the Arkansas ed, as other States had done before it, vari. State Convention, or enactment of the Legislature, ous acts looking to the “punishment” of the shall be null and void, and the party making such Free States for their sins of omission and payment, or delivering such property or chose in

action, contrary to the true intent thereof, shall be “ 2. All persons claiming to interpose in public in liable to the full value thereof.

the name and by the authority of the United States “Seo. 3. Be il further ordained, That all land or on this frontier, will be arrested and placed in the real estate of whatever kind, the title or ownership guard-house for examination. whereof is in a citizen or citizens, resident or resi- “ 3. Captain Perkins will take possession of the dents of any of the aforesaid States or Territories, be records and other property of the United States forfeited and revert to the State of Arkansas for the Court at Van Buren, Arkansas, and place the keys use and benefit of said State, and that the title to in custody of the Circuit Court Clerk of Crawford such lands shall be disposed of as the Convention county, Arkansas. or Legislature may hereafter direct. ·

** 4. Stationery, and twenty minutes time, will be “Sec. 4. Be it further ordained, That all sales of allowed the attaches of said Court, should they deproperty under legal process for collection of such sire, to write their resignations. debts as are described in the first section of this 5. All persons in possession of public property, ordinance, the use and benefit whereof is going to taken without proper authority, are required to recitizens or residents of any of the States or Terri- port the same immediately to the Assistant Adjutanttories aforementioned, be and the same is hereby General at head-quarters of this command, and all prohibited, until otherwise ordered by the Conven. arms or other property belonging to the United tion or enactment of the Legislature."

States, will be seized. By order of
Prior to the act of seces-

** General N. B. BURROW, Commanding. Acts of Seizure and sion the patriots, eager to

“W. F. RECTOR, Assistant Adjutant-General." Violence.

Various other steps were taken to extermiserve“ the cause," hastened to appropriate Government property, moneys, Scenes of violence followed which, when

nate every vestige of United States authority. &c., &c. The United States arsenal at Napo- the facts are brought to light, will show that, leon was seized April 23d. It contained about twelve thousand Springfield muskets, and

in real malignity, Arkansas, as a State, was stores and munitions designed for the “upper

second to none other in the Confederacy--not

Like Texas she seemed country." Fort Smith was seized April 24th,

excepting Texas. by a large body of Arkansas cut-throats, * vicious in proportion to her indebtedness to: beaded by Solon Borland. The fort was a

the Union. If any question this, let them very valuable property, having long been an

converse with an Arkansas Secessionist, and Indian

they will perceive what degree of malice the agency and point of deposit for arms,

men of that State harbored toward the loyal mu ns, goods, &c., destined for the “ up

sentiment of the country. per country." May 4th, two days before the

North Carolina though Ordinance of Secession was promulgated, the

North Carolina's

still in the Union was, also, following characteristic order was issued :

Course.

in the Southern Confedera“ HEAD-QUARTERS THIRD BRIGADE,First Division, FORT SMITH, May 4th, 1861.

cy at the date of Mr. Lincoln's first Proclama“1. The authority of the United States has ceased immediate steps he took to place the State in

tion. The answer of Governor Ellis, and the upon this frontier.

an attitude of defense, demonstrated that the * We use this somewhat vulgar term, here and | Union and conservative sentiment, strong up elsewhere, as particularly applicable to that class to that moment, was dashed to the earth. of persons which the Southern States of America only As in Tennessee, Virginia and Arkansas, the knew — those who generally carried a huge bowie- spirit of disunion and war flamed up so sudknife on their person--to whom tobacco and whisky denly and irresistibly as to bear all before it. were leading necessaries — who lived by boating, The defeat, at the election held in January, gambling, horse-swapping, negro-hunting, &c., &c. of the “ Conventionists,” had not, as already This class up to 1861, was large - especially in Texas, Arkansas, Mississippi and Missouri, and be stated, prevented the gathering, at Raleigh, came one of the earliest sources for filling the ranks of a Convention immediately after the vote of the Confederate army. No country in the civil was announced—so treacherous and bent upon ized world could produce a more hardy, desperate revolution was the Secessionists. This reroand ignorant set of men. Up to the breaking out of lutionary, and really illegal, body assumed hostilities they were both feared and hated by the the form and functions of other “Conventions," better portion of the Southern people.

though it failed to legislate the State out of

NORTH

CAROLINA'S COURSE.

157

Ordinance of Seces.

sion.

the Union. Mr. Clingman, late of the United | the honor, dignity and welfare of the people of States Senate—where he had, against the sen

North Carolina imperatively demand that they timents of his constituents, consorted with the should resist, at all hazards, such usurpafion; and enemies of the Government-represented the whereas, there is an actual state of revolution existGeneral Assembly of the State to the Mont-ing in North Carolina, and our sister State of Virgigomery Congress. May 14th he introduced nia, making common cause with us, is threatened

with invasion by the said Administration; now, to that body the following:

therefore, Resolutron, authorizing the Governor to use all the

Resolved, that his Excellency, the Governor, be powers of the State, rivil and military, consistent with authorized to tender to Virginia, or to the Governthe Constitution, to protect the persons and property of

ment of the Confederate States, such portion of our our citizens, and to maintain and defend the honor of volunteer forces now, or that may hereafter be, unNorth Carolina.

der his command, and that may not be necessary Whereas, The Constitution Clingman again.

for the immediate defense of North Carolina." of the United States has been entirely subverted, and its Government has The Legislature adopted an act calling a been converted into a military despotism by the State Convention, empowering it with almost uswpations of the Administration of Abraham Lin absolute powers. The election was ordered coln ; and whereas, the said Abraham Lincoln has for May 13th-the Convention to assemble promulgated a proclamation declaring the ports of May 20th. On the very first day of the ConNorth Carolina in a state of blockade, and directing vention the Ordinance of Secession was passour ships engaged in lawful commerce to be seized ; ed. It read as follows: and whereas, such measures are, by the laws of civil

i. We, the people of the State ized nations, only to be resorted to against a foreign

of North Carolina, in ConvenState, and one against which war has been declared;

tion assembled, do declare and and whereas, North Carolina bas no alternative consistent with her safety and honor, but to accept the ordain, and it is hereby declared and ordained, that

the Ordinance adopted by the State of North Caroli. position thus assigned to her, as being that of an

na, in the Convention of 1789, whereby the Constituindependent and foreign State :

tion of the United States was ratified and adopted, and ** Therefore, be it resolved, That the Governor is

also all acts and parts of acts of the General Assembly hereby authorized to use all the powers of the State, civil and military, consistent with the Constitution, ratifying and adopting amendments to the said Conto protect the persons and broperty of our citizens, stitution, are hereby repealed, rescinded and abro

gated. and to maintain and defend the honor of North

“ We do further declare and ordain, that the Union Carolina.

now existing between the State of North Carolina A true copy from the Minutes of the House of

and the other States, under the title of the United Commons of North Carolina.

States of America, is hereby dissolved, and that the “ EDWARD CANTWELL, C. H. C." All of which was entered on the journals. State of North Carolina is in the full possession and As the Ordinance of Secession was not passed long and appertain to a free and independent State.

exercise of all her rights of sovereignty which beuntil May 20th, this action of the Confederate

“Done at Raleigh, 20th day of May, in the year Congress to "authorize" the Governor of the

of our Lord 1861." State to use all the powers of the State, would

At the same time an ordinance was passed seem strange were its entire proceedings not characterized by the same extraordinary as

ratifying the Constitution of the Confederate

States. This formality sealed the fortunes sumptions of power and authority.

of the State by linking them to the “ dynasty These resolves embodied he substance of resolutions adopted by the Legislature a few of Davis”—as it has now come to be called.

Thenceforward North Carolina was to live in days prior to the date above named. They

a travail that brought forth a monster, of read:

which the wretched mother was only relieved Whereas, By an unwarranted and unprecedented usurpation of power by the Administration at

when returning reason restored her to her Washington City, the Government of the United old allegiance. For many a season will she States of America has been subverted; and whereas, wear the wounds of that horrible birth.

CHAPTER XII.

THE CRISIS IN MISSOURI. HER ACTION AND POSITION TOWARD

THE FEDERAL GOVERNMENT UP TO THE FINAL DEFECTION OF GOVERNOR JACKSON, JUNE THIRTEENTH,

con

Incipient arrange

GOVERNOR Jackson's an- event of the uprising of the “ Minute Men," ments for swer to the requisition for ten thousand Union volunteers would quickly “ Precipitation."

troops : “The requisition is respond to the call to arms.* illegal, unconstitutional, revolutionary, inhu- A dispatch from St. Louis,

Feeling in the man, diabolical, and cannot be complied April 22d, said: “Quite a

Interior. with," was not unexpected by those who were number of editorials from familiar with that person's secessionist pro- prominent papers in the interior of the State, clivities. His pressure on the Legislature express much indignation at the action of the (then adjourned) had resulted in placing Federal Government in calling so large a milmeans at his disposal for confronting the itary force into the field, and especially for Union sentiment of St. Louis and Northern calling for volunteers from the Border Slave Missouri with force. A Metropolitan Police States; but, not much ill temper is manifestAct was passed, placing St. Louis under the ed, and there is lese disposition to run the control of Police Commissioners to be ap- State into rash, indefensible measures than in pointed by the Governor. Three of those some other States. There is a good deal of named were leaders of “ Minute Men," organ- secession feeling in some sections, but the ized bodies of Secessionists, who, armed and prevailing sentiment is unanimous for peace drilled, were ready for any revolutionary ser- and conciliation." This stated the surface vice. A fourth Commissioner was also a Se- view of matters. Beneath all that apparent cessionist. The fifth was the Mayor,

desire for peace and conciliation was the rev. ditional Union” man. This placed the me- olutionary element which only needed to be tropolis of the West at the mercy of the revo- subtly controlled by the Governor and his lutionists—a fact which it is well to bear in co-conspirators, to become at once inimical mind in order properly to appreciate the ser

* In a communication to an Eastern journal, May vices performed by the Unionists.

20, Mr. Blair stated: “ No State in the Union has Anticipating trouble, regular troops had responded more promptly to the call of the Adminbeen centralized at that point to the number istration, for her quota of volunteers, than Missouri; of one thousand—three hundred occupying and this, too, at a time when the State Government the arsenal and seven hundred at Jefferson and the Government of the city of St. Louis are both barracks. Captain Nathaniel Lyon was in in the hands of the enemy, and every difficulty command at the arsenal-a brave and accom

thrown in the way of our patriotic citizens. Not. plished officer, in whom the Unionists trusted withstanding their embarrassments, in one week the implicitly. At the arsenal were nearly thirty four regiments called for from Missouri were musthousand muskets and rifles, with large quan

tered into service, armed and equipped, and are tities of side arms, ammunition, accoutrements, and ready to do duty whenever they may be wanted.

now on duty at the arsenal and Jefferson barracks, &c. In the city, Union organizations were

“ Another regiment and three battalions have rapidly formed to meet the impending crisis.

since been forwarded, and St. Louis alone will, in But a few days after Mr. Lincoln's call, two

two weeks, furnish from 8,000 to 10,000 men for the thousand men were ready for arms and equip- maintenance of the Union and the suppression of this ments. It was confidentiy stated that, in | infamous rebellion.”

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THE

ARSENAL

PROPERTY

BECURED.

159

to peace, formidable in power,* and impla- A large and enthusiastic

Union Strength. cable in its hostility to the Union.

“Union. Peace Meeting" Governor Jackson (April was held at Jefferson City, the State Capital, Convention of the Legislature.

22d) called an extra ses- on the evening of April 24th-on which oc

sion of the Legislature to casion the speakers assumed strong grounds convene Thursday, May 2d, "for the purpose against the designs of the Secessionists of the of enacting such laws and adopting such State. Similar meetings were arranged for measures as may be necessary for the more at Lexington, St. Joseph and other points ; perfect organization and equipment of the hut which, in most instances, were broken up militia of this State, and raise money and by the violence of the Secessionists. such other means as may be required to place On the night of April

The Arsenal Property the State in a proper attitude of defense.” 25th, by order from the War

Secured. The Adjutant-General, Hough, issued orders Department, the arsenal at to the commanding officers to assemble their "St. Louis was emptied of its valuable conrespective commands on the 3d of May, to go tents, which were borne to Alton, Mlinois, to encampment for six days, as provided by and thence to Springfield, as a place of law. The strength, organization and equip- safety. This affair was executed with great ments of the several commands were to be rapidity and secrecy, by Captain Jas. H. reported at once to head-quarters, and the Stokes. Governor Yates having obtained a Division Inspectors were required to give all requisition from the Department for ten thouinformation respecting the condition of the sand muskets then in the St. Louis arsenal, State forces. This, in view of the refusal of committed to Captain Stokes the task of sethe Governor to respond to the President's curing them. As the arsenal, at all times, call, foreshadowed the treasonable designs of was surrounded by a secession mob, and a those in authority. These various designs large force of the “State Guard” had been were, however, quite counterbalanced by the ordered to encamp in the vicinity of the prerapid action of the Unionists, who, without mises with the evident purpose of seizing the the Governor's consent, responded to the property and its surroundings, the removal President's requisition, as stated in the foot- became a matter of great importance if a note on the previous page. Colonel Frank P. collision would be avoided. Communicating Blair assumed command of the First Missouri with Captain Lyon, arrangements were perVolunteer regiment, April 24th. Four other fected by which the cntire stores of arms, regiments, at that date, were in process of munitions, &c.—being 20,000 muskets, 500 formation in St. Louis.

new rifled carbines, 500 revolvers, 110,000 How powerful the secession feeling was in South musket cartridges, cannon and miscellaneous eastern Missouri will be inferred by the forced sus. accoutrements were placed on a steamer and pension of Judge Jackson's Circuit Court session. run to Alton with all possible expedition. The Judge, in view of the treason bubbling up all At Alton the alarm fire-bell was rung, which around him, caused an order to issue, requiring all brought all classes of citizens to the levee, attorneys practicing before his Court to renew the when Captain Stokes informed the crowd of oath of allegiance to the Constitution of the United the nature of his cargo, asking and obtaining States, on pain of being prohibited to appear as their ready aid to place it on the cars for counsel in civil or criminal suits. At Greenville, Springfield. He apprehended pursuit by the Wayne county, the attorneys took the oath, though with much reluctance; but at Doniphan, in Ripley

revolutionists, who were thus suddenly and county, on the 22d of April, the lawyers refused the unexpectedly deprived of their much-counted oath; the citizens took possession of the offices of upon equipments for active field service. the Sheriff and Clerk, and refused to allow the Court Seven thousand rifles and muskets only were to sit. A meeting was held denouncing the order of left in the arsenal for the volunteers, and the Judge, and asking him to revoke it. The St. these were soon in their keeping. Thus, as Louis Democrat pointedly observed : “ Judge Albert the Illinois men said, “the rebels were euJackson never revokes. He plays as clean and chred” in a manner which disconcerted them close a band as ever won in the world."

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