When the place of execution was reached, an adjutant came forward and

read three death warrants. Then he held up another paper and read it.

It was a formal document from the War Department, sustaining the legal

points submitted in Tom Collins's case, disapproving the finding and

sentence, and ordering the man formally enlisted and returned to duty.

The chaplain fell into a collapse of uncontrollable weeping. Tom Collins

came to his relief with the injunction: "Oh, come, now, old snuffy,

cheer up! I'll bet you even money I beat you to Hell yet."

That clergyman afterward confided to me his doubts of "deathbed

repentances," at least in the case of habitual criminals.

XXXI

In the spring of 1864, the battery to which I belonged mutinied--in an

entirely proper and soldierlike way. Longstreet had returned, and the

Army of Northern Virginia was about to encounter Grant in the most

stupendous campaign of the war. We were old soldiers, and we knew

what was coming. But as we had no horses to draw our guns, and as the

quartermaster's department seemed unable to find horses for us, we

were omitted from the orders for the advance into the region of the

Wilderness, where the fighting was obviously to begin. We were ordered

to Cobham Station, a charming region of verdure-clad hills and brawling

streams, where there was no soldiers' work to do and no prospect of

anything less ignoble than provost duty.

Against this we revolted, respectfully and loyally. We sent in a protest

and petition asking that if horses could not be furnished for our guns,

we should be armed with Enfield rifles and permitted to march with our

battalion as a sharpshooting support.

The request was granted and from the Wilderness to Petersburg we marched

and fought and starved right gallantly, usually managing to have a place

between the guns at the points of hottest contest in every action of the

campaign.

At Petersburg we found artillery work of a new kind to do. No sooner

were the conditions of siege established than our battery, because of

its irregularly armed condition, was chosen to work the mortars which

then for the first time became a part of the offensive and defensive

equipment of the Army of Northern Virginia.

All the fragments of batteries whose ranks had been broken up and whose

officers had been killed, wounded, or captured during that campaign of

tremendous fighting, were assigned to us for mortar service, so that our

numbers were swelled to 250 or 300 men. The number was fluctuating from

day to day, as the monotonous murder of siege operations daily depleted

our ranks on the one hand while almost daily there were additions made

of men from disintegrated commands.

I have no purpose here to write a history of that eight months of siege,

during which we were never for one moment out of fire by night or by

day, but there is one story that arose out of it which I have a mind

to tell.

I had been placed in command of an independent mortar fort, taking my

orders directly from General E. P. Alexander--Longstreet's chief of

artillery--and reporting to nobody else.

Infantry officers from the lines in front--colonels and such--used

sometimes to come to my little row of gun-pits and give me orders in

utter ignorance of the conditions and limitations of mortar firing.

The orders were not binding upon me and, under General Alexander's

instructions, I paid no heed to them, wherefore I was often in a state

of friction with the intermeddlers. After a little I discovered a short

and easy method of dealing with them. There was a Federal fort known

to us as the Railroad Iron Battery, whose commanding officer seemed a

person very fond of using his guns in an offensive way. He had both

mortars and rifled field guns, and with all of them he soon got my

range so accurately that all his rifle shells cut my parapet at the

moment of exploding, and all his mortar shells fell among my pits with

extraordinary precision. In order to preserve the lives of my men I had

to take my stand on top of the mound over my magazine whenever he began

bombarding me. From that point I watched the course of his mortar

shells, and when one of them seemed destined to fall into one of my

little gun-pits, I called out the number of the pit and the men in it

ran into their bomb-proof till the explosion was over.

In dealing with the annoyance of intruding infantry officers, I took

advantage of the Railroad Iron Battery's extraordinary readiness to

respond to the smallest attention at my hands. A shell or two hurled in

that direction always brought on a condition of things which prompted

all visitors to my pits to retreat to a covered way and hasten to keep

suddenly remembered engagements on their own lines.

[Sidenote: Gloaming Visitors]

Once my little ruse did not produce the intended effect. It was after

sunset of a day late in August. Two officers came out of the gloaming

and saluted me politely. They were in fatigue uniforms. That is to say,

they wore the light blue trousers that were common to both armies, and

white duck fatigue jackets that bore no insignia of rank upon their

collars.

At the moment I was slowly bombarding something--I forget what or

why--but I remember that I was getting no response. Presently one of

my visitors said:

"You seem to be having the shelling all to yourself."

I resented the remark, thinking it a criticism.

"We'll see," I said. Then turning to my brother, who was my second in

command, I quietly gave the order:

"Touch up the Railroad Iron Battery, Joe."

Thirty seconds later the storm was in full fury about us, but my

visitors did not seem to mind it. Instead of retiring to the covered

way, they nonchalantly stood there by my side on the mound of the

magazine. Every now and then, between explosions, one of them would ask

a question as to the geography of the lines to our right and left.

"What battery is that over there?"

"What is the Federal work that lies in front of it?"

"What is the lay of the land," etc., etc.

Obviously they were officers new to this part of our line and as they

offered no criticism upon the work of my guns, and gave me no orders,

I put aside the antagonism I had felt, and in all good-fellowship

explained the military geography of the region round about.

Meanwhile, Joe had quietly stopped the fire on the Railroad Iron

Battery, and little by little that work ceased its activity. Finally

my visitors politely bade me good evening and took their leave.

I asked Joe who they were, but he did not know. I inquired of others,

but nobody knew. Next morning I asked at General Gracie's headquarters

what new troops had been brought to that part of the line, and learned

that there had been no changes. There and at General Bushrod Johnson's

headquarters I minutely described my visitors, but nobody knew anything

about them, and after a few days of futile conjecture I ceased to think

of them or their visit.

In July, 1865, the war being over, I took passage on the steamer "Lady

Gay," bound from Cairo to New Orleans. There were no women on board,

but there was a passenger list of thirty men or so. Some of us were

ex-Confederates and some had been Federal soldiers.

[Sidenote: The Outcome of a Strange Story]

The two groups did not mingle. The members of each were polite upon

accidental occasion to the members of the other, but they did not

fraternize, at least for a time--till something happened.

I was talking one morning with some of my party when suddenly a man

from the other group approached as if listening to my voice. Presently

he asked:

"Didn't you command a mortar fort at Petersburg?"

I answered that I did, whereupon he asked:

"Do you remember----" and proceeded to outline the incident related

above.

"Yes," I answered in astonishment, "but how do you happen to know

anything about it?"

"I was one of your visitors on that occasion. I thought I couldn't

be mistaken in the voice that commanded, 'Touch up the Railroad Iron

Battery, Joe.'"

"But I don't understand. You were a Federal officer, were you not?"

"Yes."

"Then what were you doing there?"

"That is precisely what my friend and I were trying to find out, while

you kept us for two hours under a fire of hell from our own batteries."

Then he explained:

"You remember that to the left of your position, half a mile or so away,

there lay a swamp. It was utterly impassable when the lines were drawn,

and both sides neglected it in throwing up the breastworks. Well, that

swamp slowly dried up during the summer, and it left something like a

gap in both lines, but the gap was so well covered by the batteries on

both sides that neither bothered to extend earthworks across it. My

friend and I were in charge of pickets and rifle-pits that day, and

we went out to inspect them. Somehow--I don't know how--we got lost on

the swamplands, and, losing our bearings, we found ourselves presently

within the Confederate lines. To say that we were embarrassed is to

put it mildly. We were scared. We didn't know how to get back, and we

couldn't even surrender for the reason that we were not in uniform but

in fatigue dress, and therefore technically, at least, in disguise.

There was nothing about us to show to which army we belonged. As an

old soldier, you know what that meant. If we had given ourselves up we

should have been hanged as spies caught in disguise within your lines.

In our desperate strait we went to you and stood there for an hour or

two under the worst fire we ever endured, while we extracted from you

the geographical information that enabled us to make our way back to

our own lines under cover of darkness."

At that point he grasped my hand warmly and said:

"Tell me, how is Joe? I hope he is 'touching up' something that responds

as readily as the Railroad Iron Battery did that evening."

From that hour until we reached New Orleans, four days later, there

was no barrier between the two groups of passengers. We fraternized

completely. We told stories of our several war experiences that had

no touch or trace of antagonism in them.

Incidentally, we exhausted the steamer "Lady Gay's" supplies of

champagne and cigars, and when we reached New Orleans we had a dinner

together at the St. Charles hotel, no observer of which would have

suspected that a few months before we had been doing our best to

slaughter each other.

XXXII

[Sidenote: The Beginning of Newspaper Life]

Let me pass hurriedly over the years that immediately followed the end

of the war. I went West in search of a living. In Cairo, Illinois, I

became counsel and attorney "at law and in fact," for a great banking,

mining, steamboating, and mercantile firm, whose widely extending

interests covered the whole West and South.

The work was uncongenial and by way of escaping from it, after I had

married, I removed to Mississippi and undertook the practice of law

there.

That work proved still less to my liking and in the summer of 1870

I abandoned it in the profoundest disgust.

With a wife, one child, a little household furniture, and no money

at all, I removed to New York and secured work as a reporter on the

Brooklyn _Union_, an afternoon newspaper.

I knew nothing of the business, art, or mystery of newspaper making, and

I knew nothing of the city. I find it difficult to imagine a man less

well equipped for my new undertaking than I was. But I had an abounding

confidence in my ability to learn anything I wanted to learn, and I

thought I knew how to express myself lucidly in writing. For the rest

I had tireless energy and a good deal of courage of the kind that is

sometimes slangily called "cheek." This was made manifest on the first

day of my service by the fact that while waiting for a petty news

assignment I wrote an editorial article and sent it in to Theodore

Tilton, the editor, for use. I had an impulse of general helpfulness

which was left unrestrained by my utter ignorance of the distinctions

and dignities of a newspaper office. I had a thought which seemed to me

to deserve editorial utterance, and with the mistaken idea that I was

expected to render all the aid I could in the making of the newspaper,

I wrote what I had to say.

Theodore Tilton was a man of very hospitable mind, and he cared little

for traditions. He read my article, approved it, and printed it as a

leader. Better still, he sent for me and asked me what experience I had

had as a newspaper man. I told him I had had none, whereupon he said

encouragingly:

"Oh well, it doesn't matter much. I'll have you on the editorial staff

soon. In the meantime, learn all you can about the city, and especially

about the shams and falsities of its 'Society' with a big 'S.' Study

state politics, and equip yourself to comment critically upon such

things. And whenever you have an editorial in your mind write it and

send it to me."

The _Union_ had been purchased by Mr. Henry C. Bowen, the owner of the

New York _Independent_, then the most widely influential periodical of

its class in America. Theodore Tilton was the editor of both.

[Sidenote: An Old School Man of Letters]

Theodore Tilton was at the crest of the wave of success at that time,

and he took himself and his genius very seriously. Concerning him I

shall write more fully a little later on. At present I wish to say only

that with all his self-appreciation he had a keen appreciation of other

men's abilities, and he sought in every way he could to make them

tributary to his own success in whatever he undertook. To that end he

had engaged some strong men and women as members of his staff on the

_Union_, and among these the most interesting to me was Charles F.

Briggs, the "Harry Franco" of an earlier literary time, the associate

and partner of Edgar Allan Poe on the _Broadway Journal_, the personal

friend or enemy of every literary man of consequence in his time, the

associate of George William Curtis and Parke Godwin in the conduct

of _Putnam's Monthly_; the coadjutor of Henry J. Raymond on the

_Times_, the novelist to whom Lowell dedicated "The Fable for Critics,"

and whose personal and literary characteristics Lowell set forth with

singular aptitude in that poem. In brief, he was in his own person a

representative and embodiment of the literary life of what I had always

regarded as the golden age of American letters. He talked familiarly of

writers who had been to me cloud-haloed demigods, and made men of them

to my apprehension.

Let me add that though the literary life of which he had been a part was

a turbulent one, beset by jealousies and vexed by quarrels of a bitter

personal character, such as would be impossible among men of letters in

our time of more gracious manners, I never knew him to say an unjust

thing about any of the men he had known, or to withhold a just measure

of appreciation from the work of those with whom he had most bitterly

quarreled.

Perhaps no man among Poe's contemporaries had juster reason to feel

bitterness toward the poet's memory than had Mr. Briggs. Yet during my

intimacy with him, extending over many years, I never heard him say

an unkind word of Poe. On the other hand, I never knew him to fail to

contradict upon occasion and in his dogmatic fashion--which was somehow

very convincing--any of the prevalent misapprehensions as to Poe's

character and life which might be mentioned in his presence.

It was not that he was a meekly forgiving person, for he was, on the

contrary, pugnacious in an unusual degree. But the dominant quality of

his character was a love of truth and justice. Concerning Poe and the

supposed immorality of his life, he once said to me, in words that I

am sure I remember accurately because of the impression they made on

my mind:

"He was not immoral at all in his personal life or in his work. He

was merely _un_moral. He had no perception of the difference between

right and wrong in the moral sense of those words. His conscience was

altogether artistic. If you had told him you had killed a man who stood

annoyingly in the way of your purposes, he would have thought none the

worse of you for it. He would have reflected that the man ought not to

have put himself in your way. But if you had been guilty of putting

forth a false quantity in verse, he would have held you to be a monster

for whom no conceivable punishment could be adequate."

Often Mr. Briggs's brusquerie and pugnacity were exaggerated, or

even altogether assumed by way of hiding a sentiment too tender to be

exhibited. Still more frequently the harshest things he said to his

friends--and they were sometimes very bitter--were prompted, not by his

displeasure with those who were their victims, but by some other cause

of "disgruntlement." On such occasions he would repent him of his fault,

and would make amends, but never in any ordinary way or after a fashion

that anybody else would have chosen.

One morning he came into the editorial room which he and I jointly

occupied. I bade him good-morning as usual, but he made no reply. After

a little while he turned upon me with some bitter, stinging utterance

which, if it had come from a younger man, I should have hotly resented.

Coming from a man of his age and distinction, I resented it only by

turning to my desk and maintaining silence during the entire morning.

When his work was done, he left the office without a word, leaving me to

feel that he meant the break between us--the cause of which I did not at

all understand--to be permanent, as I certainly intended that it should.

But when he entered the room next morning he stood still in the middle

of the floor, facing my back, for I had not turned my face away from

my desk.

[Sidenote: Mr. Briggs Explains]

"Good-morning!" he said. "Are you ready to apologize to me?"

I turned toward him with an involuntary smile at the absurdity of the

suggestion, and answered:

"I don't know what I should apologize for, Mr. Briggs."

"Neither do I," he answered. "My question was prompted by curiosity. It

usually happens that apologies come from the person offended, you know.

Are you going to write on this affair in the Senate, or shall I take

it up?"

From that moment his manner was what it always had been during our

association. Beyond what he had said he made no reference to the matter,

but after our work was finished he, in fact, explained his temper of the

day before, while carefully avoiding every suggestion that he meant to

explain it or that there was any connection between the explanation and

the thing explained.

"What do you think of servants?" he asked abruptly. I made some answer,

though I did not understand the reason for his question or its occasion.

"When I was in the Custom House," he resumed, "I had an opportunity to

buy, far below the usual price, some of the finest wines and brandies

ever imported. I bought some Madeira, some sherry, and some brandy--ten

gallons of each, in five-gallon demijohns--and laid them away in my

cellar, thinking the stock sufficient to last me as long as I lived.

I rejoiced in the certainty that however poor I might become, I should

always be able to offer a friend a glass of something really worthy

of a gentleman's attention. Night before last I asked my daughter to

replenish a decanter of sherry which had run low. She went to the cellar

and presently returned with a look on her face that made me think she

had seen a burglar. She reported that there wasn't a drop of anything

left in any of the demijohns. I sent for some detectives, and before

morning they solved the riddle. A servant girl who had resigned from our

service a week or two before had carried all the wine and brandy--two

bottlefuls at a time--to a miserable, disreputable gin mill, and sold

it for what the thievish proprietor saw fit to give. When I learned the

facts I lost my temper, which was a very unprofitable thing to do. I'm

late," looking at his watch, "and must be off."

Mr. Briggs had a keen sense of humor, which he tried hard to disguise

with a shaggy seeming of dogmatic positiveness. He would say his most

humorous things in the tone and with the manner of a man determined to

make himself as disagreeable as possible.

I sat with him at a public dinner one evening. He took the wines with

the successive courses, but when later some one, on the other side of

the table, lifted his glass of champagne and asked Mr. Briggs to drink

with him, he excused himself for taking carbonic water instead of the

wine, by saying:

"I'm a rigid 'temperance' man."

When we all smiled and glanced at the red and white wine glasses he had

emptied in the course of the meal, he turned upon us savagely, saying:

"You smile derisively, but I repeat my assertion that I'm a strict

'temperance' man; I never take a drink unless I want it."

He paused, and then added:

"Temperance consists solely in never taking a drink unless you want it.

Intemperance consists in taking drinks when some other fellow wants

them."

[Sidenote: Mr. Briggs's Generosity]

He was peculiarly generous of encouragement to younger men, when he

thought they deserved it. I may add that he was equally generous of

rebuke under circumstances of an opposite kind. I had entered journalism

without knowing the least thing about the profession, or trade--if that

be the fitter name for it, as I sometimes think it is--and I had not

been engaged in the work long enough to get over my modesty, when one

day I wrote a paragraph of a score or two lines to correct an error into

which the New York _Tribune_ had that morning fallen. Not long before

that time a certain swashbuckler, E. M. Yerger, of Jackson, Mississippi,

had committed a homicide in the nature of a political assassination. The

crime and the assassin's acquittal by reason of political influence had

greatly excited the indignation of the entire North.

There lived at the same time in Memphis another and a very different

E. M. Yerger, a judge whose learning, uprightness, and high personal

character had made him deservedly one of the best loved and most honored

jurists in the Southwest. At the time of which I now write, this Judge

E. M. Yerger had died, and his funeral had been an extraordinary

manifestation of popular esteem, affection, and profound sorrow.

The _Tribune_, misled by the identity of their names, had confounded the

two men, and had that morning "improved the occasion" to hurl a deal of

editorial thunder at the Southern people for thus honoring a fire-eating

assassin.

By way of correcting the error I wrote and printed an editorial

paragraph, setting forth the facts simply, and making no comments.

When Mr. Briggs next entered the office he took my hand warmly in both

his own, and said:

"I congratulate you. That paragraph of yours was the best editorial the

_Union_ has printed since I've been on the paper."

"Why, Mr. Briggs," I protested, "it was only a paragraph----"

"What of that?" he demanded in his most quarrelsome tone. "The Lord's

Prayer is only a paragraph in comparison with some of the 'graces' I've

heard distinguished clergymen get off at banquets by way of impressing

their eloquence upon the oysters that were growing warm under the

gaslights, while they solemnly prated."

"But there was nothing in the paragraph," I argued; "it only corrected

an error."

"Why, sir, do you presume to tell me what is and what isn't in an

article that I've read for myself? You're a novice, a greenhorn in this

business. Don't undertake to instruct my judgment, sir. That paragraph

was excellent editorial writing, because it corrected an error that

did a great injustice; because it gave important and interesting

information; because it set forth facts of public import not known to

our readers generally, and finally, because you put that final period

just where it belonged. Don't contradict me. Don't presume to argue

the matter. I won't stand it."

With that he left the room as abruptly as he had entered it, and with

the manner of a man who has quarreled and has put his antagonist down.

I smilingly recalled the lines in which Lowell so aptly described and

characterized him in "A Fable for Critics":

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