papers.

It was during the months shal, Sept. 18th, and its disloyal section sent Suppression of News

of August and September to Fort McHenry); Ex-Governor Morehead,

that a general suppression of Kentucky; Pierce Butler, an eminent law. was made of disloyal newspapers in the North. yer of Philadelphia. Fort Lafayette, in New Tlie offices of these obnoxious presses were York harbor, set apart for prisoners of State, visited by mobs and destroyed—the authori- held about one hundred persons under conties in no instance interfering, so overwhelm-finement up to October 30th, including the ing was the endorsement of the acts of these Baltimore Chief of Police, Marshal P. Kane, self-constituted umpires. Only one case of and the Board of Police Commissioners of personal violence occurred—that of the tarring that city. On the 30th of October most of and feathering (August 19th) of the editor the State prisoners were transported to Fort of a paper in Essex county, Massachusetts. Warren, in Boston harbor—which thereafter The persons composing these mobs were, to became one of the regular receptacles of pera considerable extent, responsible citizens, sons seized by orders from the Departments who acted without disguise. In New York of State and of War. city, August 16th, the Grand Jury presented

The incarceration of the

The case of the Balti. several papers for hostility-all of the “Breck- Baltimore Board of Police,

more Board of Police. enridge" school of partizans. These journals gave rise to proceedings for were soon compelled to suspend publication their release by the habeas corpus writ, and its or to change their tone to that of loyalty. attempted service on the commandant of the In none of these instances did the General fort, afforded another instance of the asserted Government interfere or order the action: all superiority of military over civil '10

We was done by citizens or local authorities, if

may refer to the incidents of this case as ilwe except the denial, by the Post Office De-lustrative of the course pursued by the milipartment, of rights to mail facilities to the tary authorities and the Federal Executive. “ New York Daily News." This denial was

The Police Commissioners were arrested, accompanied by forcible ejection of its issues early on the morning of July 1st, by order of from the mail-bags, which soon caused the sus

General Banks, then in command of the Depension of the paper. The same proceedings partment of Annapolis-headquarters at Balwere instituted against the New York “Jour- timore. In justification of this exciting step, nal of Commerce,” and thus compelled a change the Commanding-General issued the followin its editorial tone. Both were rank oppo-ing announcement, explanatory of his course nents of the war, sedulously engaged in sowing

and of the purposes of his administration: dissension and disaffection. The cause of

“ HEADQUARTERS, DEPARTMENT OF ANNAPOLIS,

Fort McHENRY, July 1, 1861. these journals afterwards was adopted by the

“ In pursuance of orders issued from the head. party in opposition to the Administration, quarters of the army at Washington, for the preser. as one of its strongest counts in its indict-vation of public peace in this department, I have ment of unconstitutional acts.

arrested, and do now detain in the custody of the Numerous arrests of disloyal persons also United States, the late members of the Board of Potranspired during the months named. The lice, Messrs. Charles Howard, William Gatchell, list of those incarcerated comprised Charles Charles Hinks and John W. Davis. The incidents

J. Faulkener, ex-Minister of the past week afforded full justification for this to France; Mayor Berrett,

order. The headquarters under the charge of the of Washington City, (who was soon after re

Board, when abandoned by the officers, resembled

in some respects a concealed arsenal. After public leased on taking the oath of allegiance); the

recognition and protest against the suspension of secession members of the Maryland Legisla- the functions, they continued their sessions daily. ture, (which was closed by the Provost-Mar- Upon a forced and unwarrantable construction of term of forty days from that date, or be liable to

my proclamation of the 28th ult., they declared that arrest as aliens and enemies. Under this decree the police was suspended, and the police officers and many left, but the large majority of able bodied men put off duty for the present, intending to leave men, suspected of Union sentiments, were impress the city without any police protection whatever. ed into the Confederate army.

They refused to recognize the officers and men

Arrest of Citizens.

CASE OF THE BALTIMORE POLICE BOARD.

369

The Case of the Balti. more Board of Police.

The Case of the Balti. moro Board of Police.

necessarily selected by the matter," and to enable the
Provost Marshal for its protec Sheriff to amend the return,

tion, and hold subject to their The Colonel not complying, orders now and hereafter the old police force, a

an attachment was issued for his arrest. The large body of armed men, for some purpose not known to the Government, and inconsistent with its however; upon which, under threat of an

Sheriff was not allowed to execute the writ, peace and security. To anticipate any intentions or

attachment against himself for contempt of orders on their part, I have placed temporarily a portion of the force under my command within the court, he went through the form of inquiring city. I disclaim, on the part of the Government I of General Duryea what force of militia was represent, all desire, intention and purpose to inter- at liis disposal to aid him in executing the fere in any manner whatever with the ordinary writ. On the General informing him that he municipal affairs of the city of Baltimore. Whenever was quite destitute of artillery, while the a loyal citizen can be named who will execute its force of infantry was also inadequate for su police laws with impartiality and in good faith to serious a task, Judge Garrison decided that the United States, the military force will be with the Sheriff, in endeavoring to execute the drawn from the central parts of the municipality at writ in good faith, had not laid himself open once. No soldiers will be permitted in the city ex

to the consequences of a contempt, and that cept under regulations satisfactory to the Marshal, the power of the Court was exhausted. Thus and if any so admitted violate the municipal law,

ended the proceedings, which were instituted they shall be punished by the civil law and by the civil tribunal. NATHANIEL P. BANKS,

with a full knowledge of their certain result. “ Major-General Commanding." The case was gone through pro forma for the At the same time several leading citizens purpose of a precedent and evidence, in event of active secession proclivities were “ restrain- of a future investigation into the conduct of ed of their liberty” and given close quarters the Adminisiration. The case for the comin the Fort. The Commissioners remained plainants would huve been stronger had the at Fort McHenry about a month, when it was treason of their clients been less rank. From deemed advisable to transfer them to Fort the hour of the attack by the mob on the Lafayette, for safer keeping, and to prevent Massachusetts men, the Chief of Police and the further excitement growing out of at the Commissioners were tireless in their efforts tempts for their release by civil process. to annoy and imperil the General Govern. They arrived, by sea, in New York harbor, ment. Kane, as Chief of a large body of disAugust 1st, and were placed in close quarters loyal, men, on the day of the assault (April within the Fort. Their friends, however, 19th, 1861,) telegraphed to Bradley T. Johnnothing daunted by the transfer, followed to son, of Frederick, (afterwards an officer in the vicinity, and, August 6th, succeeded, on the rebel army,) as follows, in reply to Brad. the formal petition of the imprisoned men, ley's offer of men to repel the “ Northern inin obtaining the issue of a writ of habeas cor- vaders :" pus, by Judge Garrison, of Brooklyn. The Thank you for your offer. Bring your men by writ required Colonel Burke, commandant the first train, and we will arrange with the railroad of the Fort, to produce the prisoners before afterwards. Streets red with Maryland blood.

“Send expresses over the mountains and vallies the King's County Court. The officer imme

of Maryland and Virginia for the riflemen to como diately telegraphed to the War Department without delay. Fresh hordes will be down upon us for instructions and received a reply from

We will fight them and whip them, or General Scott, General-in-Chief, forbidding die. him to produce the prisoners. On the 9th (Signed) “ GEORGE P. KANE." the writ was returned to Court, stating that This precious epistle was the key-note to Colonel Burke deeply regretted that, pend- the purposes of those baving Baltimore in ing the existing troubles, he could not com- their keeping; and the discovery of arms and ply with the requisition of the honorable munitions secreted in Station houses—to be Juilge. Upon which Judge Garrison post- given to the “ blood tubs” of the city, at poned the case to the following Monday, to the propitious moment--did not strengthen allow Colonel Burke time to “reconsider the their claim to immunity from arrest. Yet, vile as were their purposes—tainted as they every 'rebel who assailed the United States were with treason--the Chief of Police and authority guilty of treason, and therefore the Police Board found, in the North, friends amenable to the gallows or to exile, but that and defenders,* who, under the cry of “the feature of the protecting instrument those Union as it was the Constitution as it is,” conservators of Government did not care to purposely designed to befriend treason and impress. Their rallying cry was that of the to give the revolutionists protection. It is raven, cawing for its food, rather than the notrue, “the Constitution as it is” rendered ble outburst of men jealous of their liberties. * Kane was released in November, 1862, when he

“ To these charges the despotic censorship of the prisung returned to Baltimore. He was held in confinement in which I have been kept allowed me no reply; and I can until the hour was past when his freedom could re

only now promise that in due time and upon a proper occa.

sion Mr. Seward shall hear from me, in a way which will sult in “ aid and comfort to the enemy.” After his

procure for him, if he has not already acquired it, the conreturn he published his views and feelings as fol. tempt of every honest man and woman in the land. lows:

“Without having been held upon any specific charge, I am “ To my Fellow-Citizens of the State of Maryland :

turned out of prison without any reason being assigned for “ After an incarceration of seventeen months in four of the it; and thus, in my arbitrary arrest and release, I illustrate forts of the l'nited States, now converted by the Government

the most flagrant violation of constitutional liberty. into prisons, which have no similitude but in the Bastile of

" It would be unbecoming the dignity of the subject to cast France, I avail myself of the first moment of my return to abusive epíthets upon the author of this gross outrage ; but my native soil to address a brief word to you.

when allowed the opportunity, I pledge myself, under pain “ In this imprisonment I am understood to have been the of the forfeiture of the good opinion you have always houorspecial victim of Mr. Secretary Seward, who, in concert with

ed me with, to show that all that is bad in a man, unpa tribis hired minions, has omitted no occasion to heap upon me

otic in a citizen, and corrupt in an officer, finds itself con

GEORGE KANE accusations which he knew to be fale, and therefore dared centrated in this individual. not bring to the ordeal of a public trial.

“ Baltimore, Nov. 29th, 1862.”

CHAPTER XIII.

KENTUCKY LOYAL. ACTION OF THE LEGISLATURE. ITS ADDRESS

TO THE PEOPLE. MILITARY SITUATION (SEPTEMBER, 1861.) GENERALS JOHNSTON'S AND BUCKNER'S PROCLAMATIONS. PERSECUTIONS OF LOYAL MEN. ANDERSON'S RETIREMENT. SHERMAN'S ASSUMPTION OF COMMAND. TREASON IN A “CASTLE” OF THE C. G's. BRECKENRIDGE'S FLIGHT. HIS “ADDRESS. MILITARY OPERATIONS UP TO NOV. FIRST. BATTLE OF WILD CAT.

.

Union.

Union.

As detailed in Chapter | Legislature was a crushing Kentucky for the

Kentucky for the VIII. [pages 317–321), blow. It sent John C.

Kentucky safely passed the Breckenridge, Simon Buckcrisis of “neutrality" and entered into the ner and other secession emissaries over to the war for the suppression of the rebellion with enemy. It drew. the lines rigidly, and left zeal. The test resolves adopted by the Legis- no choice but to uphold the Constitution and lature (see page 320) rang out with the spirit the laws or to oppose them. The resolves of Old Bell Roland, sending their alarum were quickly followed by legislation for their notes over hills and through vallies to awaken enforcement as well as for making the State in the bosoms of loyal men all the enthusi- assume its share of the National tax. The asm of the Kentuckian heart. To the dis- history of that session of the State legislative loyal element of her people the action of the l body is full of interest, and ever will afford

the patriotic mind a pleas- | Legislature met, on the first Kentucky for the

Address of Legislatorg. ant subject for contempla- Monday in September. We still Union. tion. Upon adjournment,

hoped to avoid war on our own soil. We were met & committee was named to prepare and pub- by assurances from the President of the Confederate kuzh an Address to the people, setting forth a

States that our position should be respected; but

the ink was scarcely dry with which the promise correct view of affairs, and adjuring citizens

was written, when we were startled by the news of the Commonwealth to loyalty to the Union,

that our soil was invaded, and towns in the southWe shall quote the Address to indicate the west of our State occupied by Confederate armies. tenor of public opinion at the date of its is- The Governor of Tennessee disavowed the act, and kue-early in October :

protested his innocence of it. His commissioners at “In this extraordinary crisis Frankfort professed the same innocence of the ad. Address of Legislators

we deem it a duty we, your mitted wrong; but our warnings to leave were only representatives, owe to you and ourselves, to say a answered by another invasion in the southeast of few words to you as to the condition of the Common- the State, and a still more direct an Headly assault wealth and the duties we have had to perform. upon the very heart of the State by way of the Nash

“ We have ardently desired peace, and hoped to ville road. These sudden irruptions of such magni. save Kentucky from the calanities of war. When tude skilfully directed, show that the assault on Ken. the Federal authorities deemed it necessary to em-tucky was preconcerted, prepared and intended, ploy force in self-defense, and to execute the laws long before. The excuses made by any of them, but of the Government, we assured our Southern neigh- add insult to injury. We shall not repeat them. bors of our purpose not to take up arms voluntarily They are but excuses for acts intended, without any against them, notwithstanding their wicked attempt excuse. to destroy the Government from which we and our “The purpose is to remove the theatre of the war fathers have received the greatest benefits. Every from the homes of those who wickedly originated it effort was made, both before and after the employ- to those of Kentucky, and to involve this State in ment of force, to effect some compromise and set- the rebellion. This purpose appeared to be well tlement that would restore the Union and prevent understood in the seceded States. They need the the effusion of blood.

territory of Kentucky, and are determined to have “ The Federal Government did not insist upon our it, if it must be, by blood and conquest. active aid in furnishing troops, seeming content if Thus forced into war, we had no choice but to we obeyed the laws and executed them upon our call on the strong arms and brave hearts of Kenown soil.

Those engaged in rebellion, however, tucky to expel the invader from our soil, and to call with hypocritical professions of friendship and re- for the aid of the Federal Government, as we had a spect, planted camps of soldiers all along our South right to do under the Federal Constitution. ern border; seized, by military power, the stock on “ Our foes would dictate terms to a brave people our railroad within their reach, in defiance of char. upon which we can have peace. We are required tered rights; impudently enlisted soldiers upon our to join them in their unwarrantable rebellion, besoil for their camps, whom they ostentatiously come accessory to their crimes, and consent to samarched through their territory. They made con- crifice the last hope of permanently upholding repubstant raids into this State, robbed us of our proper- lican institutions, or meet their invasions as becomes ty, insulted our people, seized some of our citizens Kentuckians. and carried them away as prisoners into the Confed- “ We believe we have done our duty to a chivalerate States. Our military was demoralized by the ric people who have forborne long, but will never treachery of its chief officer in command, and many fail as a last resort to resent an injury and punish an of its subordinates, until it became more an arm of insult. We should hold ourselves unworthy to repthe Confederate States than a guard of the State of resent you if we had done less. The only error, we Kentucky. Thus exposed to wrongs and indigni- fear is, that we have not been as prompt, you may ties, with no power prepared to prevent or resent think, as the occasion demanded. them, some of the citizens of this State formed camps “ Thrice have the revolutionists appealed to the under the Federal Government for the defense and ballot box in this State, and thrice have the people protection of the State of Kentucky. Whaterer expressed, by overwhelming majorities, their deter. Light have been thought of the policy once, recent mination to stand by the Union and its Government. events have proved that they were formed none too They have not been active in this war, not froin in.

The Situation.

checking the rebellion by that and chiet control was reAddress of Legislators.

course. Our hope of amicable tained by the authorities at adjustment, and a desire for peace, led us to forbear, Washington. It comprised all of the State until forbearance has ceased to be a virtue. The east of the Cumberland river, excepting a attempt to destroy the union of these States we be circuit of fifteen miles around Cincinnati, lieve to be a crime, not only against Kentucky, but

then under command of Major-General Mitchagainst all mankind. But up to this time we have lef it to others to vindicate, by arms, the integrity

ell. Brigadier W. T. Sherman already was of the Government. The Union is not only assailed on the ground with his brigade, being in now, but Kentucky is herself threatened with sub-camp on and around Muldragh's Heights, jugation by a lawless usurpation. The invasion is near Elizabethtown, with an advance on carried on with a ruthless destruction of property, Tunnel Hill, at Clear Creek. The rebel Genand the lives and liberties of our people, that belong eral, Simon B. Buckner, in considerable force, only to savage warfare.

maneuvered to the west of Louisville, threat“We have no choice but action--prompt and de-ening that city; but the strength of Shercided. Let us show the insolent invaders that Ken- man's position compelled the rebels to make tucky belongs to Kentuckians, and that Kentucky their permanent base of operations along the valor will vindicate Kentucky's honor. We were line of the railroads diverging at Bowling unprepared becanse unsuspecting. An insolent and

Green, General Felix Zollicoffer, with six treacherous invader tells the people that their legis. lators have betrayed them, and he comes with fire thousand Confederate troops, occupied Cumand sword to correct their error, by a crusade berland Gap, and advanced to Barboursville, against property, liberty and life.

to compel, as he said, the abandonment of “ Young men of Kentucky, to arms! to protect the Unionist camp, forming in that section the home of your fathers, mothers and sisters. of the State; butthis pretext only Sound the toesin on every hill and in every valley, covered the real design of retaining that until Kentucky shall drive the insolent invader from avenue of approach into East Tennessee. A her soil."

secession journal (the Kentucky Yeoman) thus Under the resolves refer- descanted upon the importance of that point

red to, General Robert An- | to both parties—uttering views that were derson-the hero of Fort Sumter—was called conceded forcible and just by those cognizant to the command of the loyal forces in the of the position at that time: State. The “ Department of Kentucky” was “It is for the use of Anderson's column that created, and Brigadier-General Anderson as-muskets, artillery and munitions of war are sumed its management, by proclamation

now pouring into Kentucky over the railroads dated September 21st,* though its general converging from Covington and Louisville.

It is for this (the seizure of Cumberland Gap) * This proclamation read as follows:

that camps are commenced at Hoskins' and " Ken'uckians : Called by the Legislature of this, my native State, I hereby assume command of this Department. 1 Crab Orchard and elsewhere; for this that come to entorce, not to make laws, and, God willing, to pro- Rousseau's brigade has moved from Indiana tect your property and your lives. The enemies of the coun

into Kentucky; for this that Green Adams try have dared to invade our soil. Kentucky is in danger. is attempting by speeches to rouse the people She has vainly striven to keep peace with her neighbors. Our State is now invaded by those who professed to be her of the mountains; for this that Lieutenant friends, but who now seek to conquer ber. No true son of Nelson, of the navy, is detached for on-shore Kentucky can longer hesitate as to his duty to his State and

duty,, to distribute arms in Kentucky, and country. The invaders must, and, God willing, will be expelled. The leader of the hostile forces who now approach, thus by all these means, by a march through is, I regret to say, a Kentuckian, making war on Kentucky Kentucky, sustained by the Union party of and Kentuekians. Let all past differences or opinion be over. Kentucky, a march of Federal troops from looked. Every one who now rallies to the support of our Union and our state is a friend. Rally then, my country. the North, protected in their rear by encampmen, around the flag our fathers loved, and which has shield. ments in Kentucky, composed nominally if ed us so long. I call you to arms for self-defense, and for not fully, of Kentuckians, that the Federal the protection of all that is dear to freemen. Let us trust in

Government expects General Anderson to God, and do our duty as did our fathers.

« ROBERT ANDERSON,

achieve the object of obtaining possession of “ Brigadier-General United States Army." the great line in question. That would be a

The Situation.