The right of Custer's division gained a foothold on the enemy's works

simultaneously with Devin's, but on the extreme left Custer had a

very severe combat with W. H. F. Lee's cavalry, as well as with

Corse's and Terry's infantry. Attacking Terry and Corse with

Pennington's brigade dismounted, he assailed Lee's cavalry with his

other two brigades mounted, but Lee held on so obstinately that

Custer gained but little ground till our troops, advancing behind the

works, drove Corse and Terry out. Then Lee made no further stand

except at the west side of the Gillian field, where, assisted by

Corse's brigade, he endeavored to cover the retreat, but just before

dark Custer, in concert with some Fifth Corps regiments under Colonel

Richardson, drove ihe last of the enemy westward on the White Oak

road.

Our success was unqualified; we had overthrown Pickett, taken six

guns, thirteen battle-flags, and nearly six thousand prisoners. When

the battle was practically over, I turned to consider my position

with reference to the main Confederate army. My troops, though

victorious, were isolated from the Army of the Potomac, for on the

31st of March the extreme left of that army had been thrown back

nearly to the Boydton plank-road, and hence there was nothing to

prevent the enemy's issuing from his trenches at the intersection of

the White Oak and Claiborne roads and marching directly on my rear.

I surmised that he might do this that night or early next morning.

It was therefore necessary to protect myself in this critical

situation, and General Warren having sorely disappointed me, both in

the moving of his corps and in its management during the battle, I

felt that he was not the man to rely upon under such circumstances,

and deeming that it was to the best interest of the service as well

as but just to myself, I relieved him, ordering him to report to

General Grant.

I then put Griffin in command of the Fifth Corps, and directed him to

withdraw from the pursuit as quickly as he could after following the

enemy a short distance, and form in line of battle near Gravelly Run

Church, at right angles with the White Oak road, with Ayres and

Crawford facing toward the enemy at the junction of the White Oak and

Claiborne roads, leaving Bartlett, now commanding Griffin's division,

near the Ford road. Mackenzie also was left on the Ford road at the

crossing of Hatcher's Run, Merritt going into camp on the Widow

Gillian's plantation. As I had been obliged to keep Crook's division

along Stony Creek throughout the day, it had taken no active part in

the battle.

Years after the war, in 1879, a Court of Inquiry was given General

Warren in relation to his conduct on the day of the battle. He

assumed that the delay in not granting his request for an inquiry,

which was first made at the close of the war, was due to opposition

on my part. In this he was in error; I never opposed the ordering of

the Court, but when it was finally decided to convene it I naturally

asked to be represented by counsel, for the authorization of the

Inquiry was so peculiarly phrased that it made me practically a

respondent.

"NEW YORK CITY, May 3, 1880

"MAJOR-GENERAL W. S. HANCOCK, U. S. A.

"President Court of Inquiry, Governor's Island.

"Sir: Since my arrival in this city, under a subpoena to appear and

testify before the Court of which you are president, I have been

indirectly and unofficially informed that the Court some time ago

forwarded an invitation to me (which has not been received) to appear

personally or by counsel, in order to aid it in obtaining a knowledge

as to the facts concerning the movements terminating in the battle of

'Five Forks,' with reference to the direct subjects of its inquiry.

Any invitation of this character I should always and do consider it

incumbent on me to accede to, and do everything in my power in

furtherance of the specific purposes for which courts of inquiry are

by law instituted.

"The order convening the Court (a copy of which was not received by

me at my division headquarters until two days after the time

appointed for the Court to assemble) contemplates an inquiry based on

the application of Lieutenant Colonel G. K. Warren, Corps of

Engineers, as to his conduct while major-general commanding the Fifth

Army Corps, under my command, in reference to accusations or

imputations assumed in the order to have been made against him, and I

understand through the daily press that my official report of the

battle of Five Forks has been submitted by him as a basis of inquiry.

"If it is proposed to inquire, either directly or indirectly, as to

any action of mine so far as the commanding general Fifth Army Corps

was concerned, or my motives for such action, I desire to be

specifically informed wherein such action or transaction is alleged

to contain an accusation or imputation to become a subject of

inquiry, so that, knowing what issues are raised, I may intelligently

aid the Court in arriving at the facts.

"It is a long time since the battle of Five Forks was fought, and

during the time that has elapsed the official reports of that battle

have been received and acknowledged by the Government; but now, when

the memory of events has in many instances grown dim, and three of

the principal actors on that field are dead--Generals Griffin,

Custer, and Devin, whose testimony would have been valuable--an

investigation is ordered which might perhaps do injustice unless the

facts pertinent to the issues are fully developed.

"My duties are such that it will not be convenient for me to be

present continuously during the sessions of the Court. In order,

however, that everything may be laid before it in my power pertinent

to such specific issues as are legally raised, I beg leave to

introduce Major Asa Bird Gardner as my counsel.

"Very respectfully,

"P. H. SHERIDAN, Lieut.-General."

Briefly stated, in my report of the battle of Five Forks there were

four imputations concerning General Warren. The first implied that

Warren failed to reach me on the 1st of April, when I had reason to

expect him; the second, that the tactical handling of his corps was

unskillful; the third, that he did not exert himself to get his corps

up to Gravelly Run Church; and the fourth, that when portions of his

line gave way he did not exert himself to restore confidence to his

troops. The Court found against him on the first and second counts,

and for him on the third and fourth. This finding was unsatisfactory

to General Warren, for he hoped to obtain such an unequivocal

recognition of his services as to cast discredit on my motives for

relieving him. These were prompted by the conditions alone--by the

conduct of General Warren as described, and my consequent lack of

confidence in him.

It will be remembered that in my conversation with General Grant on

the 30th, relative to the suspension of operations because of the

mud, I asked him to let me have the Sixth Corps to help me in

breaking in on the enemy's right, but that it could not be sent me;

it will be recalled also that the Fifth Corps was afterward tendered

and declined. From these facts it has been alleged that I was

prejudiced against General Warren, but this is not true. As we had

never been thrown much together I knew but little of him. I had no

personal objection to him, and certainly could have none to his

corps. I was expected to do an extremely dangerous piece of work,

and knowing the Sixth Corps well--my cavalry having campaigned with

it so successfully in the Shenandoah Valley, I naturally preferred

it, and declined the Fifth for no other reason. But the Sixth could

not be given, and the turn of events finally brought me the Fifth

after my cavalry, under the most trying difficulties, had drawn the

enemy from his works, and into such a position as to permit the

realization of General Grant's hope to break up with my force Lee's

right flank. Pickett's isolation offered an opportunity which we

could not afford to neglect, and the destruction of his command would

fill the measure of General Grant's expectations as well as meet my

own desires. The occasion was not an ordinary one, and as I thought

that Warren had not risen to its demand in the battle, I deemed it

injudicious and unsafe under the critical conditions existing to

retain him longer. That I was justified in this is plain to all who

are disposed to be fair-minded, so with the following extract from

General Sherman's review of the proceedings of the Warren Court, and

with which I am convinced the judgment of history will accord, I

leave the subject:

"....It would be an unsafe and dangerous rule to hold the commander

of an army in battle to a technical adherence to any rule of conduct

for managing his command. He is responsible for results, and holds

the lives and reputations of every officer and soldier under his

orders as subordinate to the great end--victory. The most important

events are usually compressed into an hour, a minute, and he cannot

stop to analyze his reasons. He must act on the impulse, the

conviction, of the instant, and should be sustained in his

conclusions, if not manifestly unjust. The power to command men, and

give vehement impulse to their joint action, is something which

cannot be defined by words, but it is plain and manifest in battles,

and whoever commands an army in chief must choose his subordinates by

reason of qualities which can alone be tested in actual conflict.

"No one has questioned the patriotism, integrity, and great

intelligence of General Warren. These are attested by a long record

of most excellent service, but in the clash of arms at and near Five

Forks, March 31 and April 1, 1865, his personal activity fell short

of the standard fixed by General Sheridan, on whom alone rested the

great responsibility for that and succeeding days.

"My conclusion is that General Sheridan was perfectly justified in

his action in this case, and he must be fully and entirely sustained

if the United States expects great victories by her arms in the

future."

CHAPTER VII.

RESULT OF THE BATTLE OF FIVE FORKS--RETREAT OF LEE--AN INTERCEPTED

DESPATCH--AT AMELIA COURT HOUSE--BATTLE OF SAILOR'S CREEK--THE

CONFEDERATES' STUBBORN RESISTANCE--A COMPLETE VICTORY--IMPORTANCE OF

THE BATTLE.

When the news of the battle at Five Forks reached General Grant, he

realized that the decisive character of our victory would necessitate

the immediate abandonment of Richmond and Petersburg by the enemy;

and fearing that Lee would escape without further injury, he issued

orders, the propriety of which must be settled by history, to assault

next morning the whole intrenched line. But Lee could not retreat at

once. He had not anticipated dissster at Five Forks, and hence was

unprepared to withdraw on the moment; and the necessity of getting

off his trains and munitions of war, as well as being obliged to

cover the flight of the Confederate Government, compelled him to hold

on to Richmond and Petersburg till the afternoon of the 2d, though

before that Parke, Ord, and Wright had carried his outer

intrenchments at several points, thus materially shortening the line

of investment.

The night of the 1st of April, General Humphreys's corps--the Second

--had extended its left toward the White Oak road, and early next

morning, under instructions from General Grant, Miles's division of

that corps reported to me, and supporting him with Ayres's and

Crawford's divisions of the Fifth Corps, I then directed him to

advance toward Petersburg and attack the enemy's works at the

intersection of the Claiborne and White Oak roads.

Such of the enemy as were still in the works Miles easily forced

across Hatcher's Run, in the direction of Sutherland's depot, but the

Confederates promptly took up a position north of the little stream,

and Miles being anxious to attack, I gave him leave, but just at this

time General Humphreys came up with a request to me from General

Meade to return Miles. On this request I relinquished command of the

division, when, supported by the Fifth Corps it could have broken in

the enemy's right at a vital point; and I have always since regretted

that I did so, for the message Humphreys conveyed was without

authority from General Grant, by whom Miles had been sent to me, but

thinking good feeling a desideratum just then, and wishing to avoid

wrangles, I faced the Fifth Corps about and marched it down to Five

Forks, and out the Ford road to the crossing of Hatcher's Run. After

we had gone, General Grant, intending this quarter of the field to be

under my control, ordered Humphreys with his other two divisions to

move to the right, in toward Petersburg. This left Miles entirely

unsupported, and his gallant attack made soon after was unsuccessful

at first, but about 3 o'clock in the afternoon he carried the point

which covered the retreat from Petersburg and Richmond.

Merritt had been sent westward, meanwhile, in the direction of Ford's

Station, to break the enemy's horse which had been collecting to the

north of Hatcher's Run. Meeting, with but little opposition, Merritt

drove this cavalry force in a northerly direction toward Scott's

Corners, while the Fifth Corps was pushed toward Sutherland's depot,

in the hope of coming in on the rear of the force that was

confronting Miles when I left him. Crawford and Merritt engaged the

enemy lightly just before night, but his main column, retreating

along the river road south of the Appomattox, had got across Namozine

Creek, and the darkness prevented our doing more than to pick up some

stragglers. The next morning the pursuit was resumed, the cavalry

again in advance, the Fifth Corps keeping up with it all the while,

and as we pressed our adversaries hundreds and hundreds of prisoners,

armed and unarmed, fell into our hands, together with many wagons and

five pieces of artillery. At Deep Creek the rearguard turned on us,

and a severe skirmish took place. Merritt, finding the enemy very

strong, was directed to await the arrival of Crook and for the rear

division of the Fifth Corps; but by the time they reached the creek,

darkness had again come to protect the Confederates, and we had to be

content with meagre results at that point.

From the beginning it was apparent that Lee, in his retreat, was

making for Amelia Court House, where his columns north and south of

the Appomattox River could join, and where, no doubt, he expected to

meet supplies, so Crook was ordered to march early on April 4 to

strike the Danville railroad, between Jettersville and Burkeville,

and then move south along the railroad toward Jettersville, Merritt

to move toward Amelia Court House, and the Fifth Corps to

Jettersville itself.

The Fifth Corps got to Jettersville about 5 in the afternoon, and I

immediately intrenched it across the Burkeville road with the

determination to stay there till the main army could come up, for I

hoped we could force Lee to surrender at Amelia Court House, since a

firm hold on Jettersville would cut him off from his line of retreat

toward Burkeville.

Accompanied only by my escort--the First United States Cavalry, about

two hundred strong--I reached Jettersville some little time before

the Fifth Corps, and having nothing else at hand I at once deployed

this handful of men to cover the crossroads till the arrival of the

corps. Just as the troopers were deploying, a man on a mule, heading

for Burkeville, rode into my pickets. He was arrested, of course,

and being searched there was found in his boots this telegram in

duplicate, signed by Lee's Commissary General.

"The army is at Amelia Court House, short of provisions. Send

300,000 rations quickly to Burkeville Junction." One copy was

addressed to the supply department at Danville, and the other to that

at Lynchburg. I surmised that the telegraph lines north of

Burkeville had been broken by Crook after the despatches were

written, which would account for their being transmitted by

messenger. There was thus revealed not only the important fact that

Lee was concentrating at Amelia Court House, but also a trustworthy

basis for estimating his troops, so I sent word to Crook to strike up

the railroad toward me, and to Merritt--who, as I have said, had

followed on the heels of the enemy--to leave Mackenzie there and

himself close in on Jettersville. Staff-officers were also

despatched to hurry up Griffin with the Fifth Corps, and his tired men

redoubled their strides.

My troops too were hard up for rations, for in the pursuit we could

not wait for our trains, so I concluded to secure if possible these

provisions intended for Lee. To this end I directed Young to send

four of his best scouts to Burkeville Junction. There they were to

separate, two taking the railroad toward Lynchburg and two toward

Danville, and as soon as a telegraph station was reached the telegram

was to be transmitted as it had been written and the provisions thus

hurried forward.

Although the Fifth Corps arrived at Jettersville the evening of April

4, as did also Crook's and Merritt's cavalry, yet none of the army of

the Potomac came up till about 3 o'clock the afternoon of the 5th,

the Second Corps, followed by the Sixth, joining us then. General

Meade arrived at Jettersville an hour earlier, but being ill,

requested me to put his troops in position. The Fifth Corps being

already intrenched across the Amelia Court House road facing north, I

placed the Sixth on its right and the Second on its left as they

reached the ground.

As the enemy had been feeling us ever since morning--to learn what he

was up to I directed Crook to send Davies's brigade on a

reconnoissance to Paine's crossroads. Davies soon found out that Lee

was trying to escape by that flank, for at the crossroads he found

the Confederate trains and artillery moving rapidly westward. Having

driven away the escort, Davies succeeded in burning nearly two

hundred wagons, and brought off five pieces of artillery. Among

these wagons were some belonging to General, Lee's and to General

Fitzhugh Lee's headquarters. This work through, Davies withdrew and

rejoined Crook, who, with Smith and Gregg, was established near Flat

Creek.

It being plain that Lee would attempt to escape as soon as his trains

were out of the way, I was most anxious to attack him when the Second

Corps began to arrive, for I felt certain that unless we did so he

would succeed in passing by our left flank, and would thus again make

our pursuit a stern-chase; but General Meade, whose plan of attack

was to advance his right flank on Amelia Court House, objected to

assailing before all his troops were up.

I then sent despatches to General Grant, explaining what Davies had

done, and telling him that the Second Corps was arriving, and that I

wished he himself was present. I assured him of my confidence in our

capturing Lee if we properly exerted ourselves, and informed him,

finally, that I would put all my cavalry, except Mackenzie, on my

left, and that, with such a disposition of my forces, I could see no

escape for Lee. I also inclosed him this letter, which had just been

captured:

"AMELIA C. H., April 5, 1865.

"DEAR MAMMA:

"Our army is ruined, I fear. We are all safe as yet. Shyron left us

sick. John Taylor is well--saw him yesterday. We are in line of

battle this morning. General Robert Lee is in the field near us. My

trust is still in the justice of our cause, and that of God. General

Hill is killed. I saw Murray a few minutes since. Bernard, Terry

said, was taken prisoner, but may yet get out. I send this by a

negro I see passing up the railroad to Mechlenburg. Love to all.

"Your devoted son,

"Wm. B. TAYLOR, Colonel."

General Grant, who on the 5th was accompanying General Ord's column

toward Burkeville Junction, did not receive this intelligence till

nearly nightfall, when within about ten miles of the Junction. He

set out for Jettersville immediately, but did not reach us till near

midnight, too late of course to do anything that night. Taking me

with him, we went over to see Meade, whom he then directed to advance

early in the morning on Amelia Court House. In this interview Grant

also stated that the orders Meade had already issued would permit

Lee's escape, and therefore must be changed, for it was not the aim

only to follow the enemy, but to get ahead of him, remarking during

the conversation that, "he had no doubt Lee was moving right then."

On this same occasion Meade expressed a desire to have in the

proposed attack all the troops of the Army of the Potomac under his

own command, and asked for the return of the Fifth Corps. I made no

objections, and it was ordered to report, to him.

When, on the morning of the 6th, Meade advanced toward Amelia Court

House, he found, as predicted, that Lee was gone. It turned out that

the retreat began the evening of the 5th and continued all night.

Satisfied that this would be the case, I did not permit the cavalry

to participate in Meade's useless advance, but shifted it out toward

the left to the road running from Deatonsville to Rice's station,

Crook leading and Merritt close up. Before long the enemy's trains

were discovered on this road, but Crook could make but little

impression on them, they were so strongly guarded; so, leaving

Stagg's brigade and Miller's battery about three miles southwest of

Deatonsville--where the road forks, with a branch leading north

toward the Appomattox--to harass the retreating column and find a

vulnerable point, I again shifted the rest of the cavalry toward the

left, across-country, but still keeping parallel to the enemy's line

of march.

Just after crossing Sailor's Greek, a favorable opportunity offering,

both Merritt and Crook attacked vigorously, gained the Rice's Station

road, destroyed several hundred wagons, made many prisoners, and

captured sixteen pieces of artillery. This was important, but more

valuable still was the fact that we were astride the enemy's line of

retreat, and had cut off from joining Longstreet, waiting at Rice's

Station, a corps of Confederate infantry under General Ewell,

composed of Anderson's, Kershaw's, and Custis Lee's divisions.

Stagg's brigade and Miller's battery, which, as I have said, had been

left at the forks of the Deatonsville road, had meanwhile broken in

between the rear of Ewell's column and the head of Gordon's, forcing

Gordon to abandon his march for Rice's Station, and to take the

right-hand road at the forks, on which he was pursued by General

Humphreys.

The complete isolation of Ewell from Longstreet in his front and

Gordon in his rear led to the battle of Sailor's Creek, one of the

severest conflicts of the war, for the enemy fought with desperation

to escape capture, and we, bent on his destruction, were no less

eager and determined. The capture of Ewell, with six of his generals

and most of his troops, crowned our success, but the fight was so

overshadowed by the stirring events of the surrender three days

later, that the battle has never been accorded the prominence it

deserves.

The small creek from which the field takes its name flows in a

northwesterly direction across the road leading from Deatonsville to

Rice's Station. By shifting to the left, Merritt gained the Rice's

Station road west of the creek, making havoc of the wagon-trains,

while Crook struck them further on and planted himself square across

the road. This blocked Ewell, who, advancing Anderson to some high

ground west of the creek, posted him behind barricades, with the

intention of making a hard fight there, while the main body should

escape through the woods in a westerly direction to roads that led to

Farmville. This was prevented, however, by Crook forming his

division, two brigades dismounted and one mounted, and at once

assaulting all along Anderson's front and overlapping his right,

while Merritt fiercely attacked to the right of Crook. The enemy

being thus held, enabled the Sixth Corps--which in the meantime I had

sent for--to come upon the ground, and Ewell, still contending with

the cavalry, found himself suddenly beset by this new danger from his

rear. To, meet it, he placed Kershaw to the right and Custis Lee to

the left of the Rice's Station road, facing them north toward and

some little distance from Sailor's Creek, supporting Kershaw with

Commander Tucker's Marine brigade. Ewell's skirmishers held the line

of Sailor's Creek, which runs through a gentle valley, the north

slope of which was cleared ground.

By General Grant's directions the Sixth Corps had been following my

route of march since the discovery, about 9 o'clock in the morning,

that Lee had decamped from Amelia Court House. Grant had promptly

informed me of this in a note, saying, "The Sixth Corps will go in

with a vim any place you may dictate," so when I sent word to Wright

of the enemy's isolation, and asked him to hurry on with all speed,

his gallant corps came as fast as legs could carry them, he sending

to me successively Major McClellan and Colonel Franklin, of his

staff, to report his approach.

I was well advised as to the position of the enemy through

information brought me by an intelligent young soldier, William A.

Richardson, Company "A," Second Ohio, who, in one of the cavalry

charges on Anderson, had cleared the barricades and made his way back

to my front through Ewell's line. Richardson had told me just how

the main body of the enemy was posted, so as Seymour's division

arrived I directed General Wright to put it on the right of the road,

while Wheaton's men, coming up all hot and out of breath, promptly

formed on Seymour's left. Both divisions thus aligned faced

southwest toward Sailor's Creek, and the artillery of the corps being

massed to the left and front of the Hibbon house, without waiting for

Getty's division--for I feared that if we delayed longer the enemy

might effect his escape toward Farmville--the general attack was

begun. Seymour and Wheaton, moving forward together, assailed the

enemy's front and left, and Stagg's brigade, too, which in the mean

time had been placed between Wheaton's left and Devin's right, went

at him along with them, Merritt and Crook resuming the fight from

their positions in front of Anderson. The enemy, seeing little

chance of escape, fought like a tiger at bay, but both Seymour and

Wheaton pressed him vigorously, gaining ground at all points except

just to the right of the road, where Seymour's left was checked.

Here the Confederates burst back on us in a counter-charge, surging

down almost to the creek, but the artillery, supported by Getty, who

in the mean time had come on the ground, opened on them so terribly

that this audacious and furious onset was completely broken, though

the gallant fellows fell back to their original line doggedly, and

not until after they had almost gained the creek. Ewell was now

hemmed in on every side, and all those under his immediate command

were captured. Merritt and Crook had also broken up Anderson by this

time, but he himself, and about two thousand disorganized men escaped

by making their way through the woods toward the Appomattox River

before they could be entirely enveloped. Night had fallen when the

fight was entirely over, but Devin was pushed on in pursuit for about

two miles, part of the Sixth Corps following to clinch a victory

which not only led to the annihilation of one corps of Lee's

retreating army, but obliged Longstreet to move up to Farmville, so

as to take a road north of the Appomattox River toward Lynchburg

instead of continuing toward Danville.

At the close of the battle I sent one of my staff--Colonel Redwood

Price--to General Grant to report what had been done; that we had

taken six generals and from nine to ten thousand prisoners. On his

way Price stopped at the headquarters of General Meade, where he

learned that not the slightest intelligence of the occurrence on my

line had been received, for I not being under Meade's command, he had

paid no attention to my movements. Price gave the story of the

battle, and General Meade, realizing its importance, sent directions

immediately to General Wright to make his report of the engagement to

the headquarters of the Army of the Potomac, assuming that Wright was

operating independently of me in the face of Grant's despatch Of

2 o'clock, which said that Wright was following the cavalry and would

"go in with a vim" wherever I dictated. Wright could not do else

than comply with Meade's orders in the case, and I, being then in

ignorance of Meade's reasons for the assumption, could say nothing.

But General Grant plainly intending, and even directing, that the

corps should be under my command, remedied this phase of the matter,

when informed of what had taken place, by requiring Wright to send a

report of the battle through me. What he then did, and what his

intentions and orders were, are further confirmed by a reference to

the episode in his "Memoirs," where he gives his reasons for ordering

the Sixth Corps to abandon the move on Amelia Court House and pass to

the left of the army. On the same page he also says, referring to

the 6th of April: "The Sixth Corps now remained with the cavalry

under Sheridan's direct command until after the surrender." He

unquestionably intended all of this, but his purpose was partly

frustrated by General Meade's action next morning in assuming

direction of the movements of the corps; and before General Grant

became aware of the actual conditions the surrender was at hand.

CHAPTER VIII.

LINCOLN'S LACONIC DESPATCH--CAPTURING LEE'S SUPPLIES--DELIGHTED

ENGINEERS--THE CONFEDERATES' LAST EFFORT--A FLAG OF TRUCE--GENERAL

GEARY'S "LAST DITCH" ABSURDITY--MEETING OF GRANT AND LEE--THE

SURRENDER--ESTIMATE OF GENERAL GRANT.

The first report of the battle of Sailor's Creek that General Grant

received was, as already stated, an oral message carried by Colonel

Price, of my staff. Near midnight I sent a despatch giving the names

of the generals captured. These were Ewell, Kershaw, Barton, Corse,

Dubose, and Custis Lee. In the same despatch I wrote: "If the thing

is pressed, I think that Lee will surrender." When Mr. Lincoln, at

City Point, received this word from General Grant, who was

transmitting every item of news to the President, he telegraphed

Grant the laconic message: "Let the thing be pressed." The morning of

the 7th we moved out at a very early hour, Crook's division marching

toward Farmville in direct pursuit, while Merritt and Mackenzie were

ordered to Prince Edward's Court House to anticipate any effort Lee

might make to escape through that place toward Danville since it had

been discovered that Longstreet had slipped away already from the

front of General Ord's troops at Rice's Station. Crook overtook the

main body of the Confederates at Farmville, and promptly attacked

their trains on the north side of the Appomattox with Gregg's

brigade, which was fiercely turned upon and forced to re-cross the

river with the loss of a number of prisoner's, among them Gregg

himself. When Crook sent word of this fight, it was clear that Lee

had abandoned all effort to escape to the southwest by way of

Danville. Lynchburg was undoubtedly his objective point now; so,

resolving to throw my cavalry again across his path, and hold him

till the infantry could overtake him, I directed everything on

Appomattox depot, recalling Crook the night of the 7th to Prospect

Station, while Merritt camped at Buffalo Creek, and Mackenzie made a

reconnoissance along the Lynchburg railroad.

At break of day, April 8, Merritt and Mackenzie united with Crook at

Prospect Station, and the cavalry all moved then toward Appomattox

depot. Hardly had it started when one of the scouts--Sergeant White

--informed me that there were four trains of cars at the depot loaded

with supplies for Lee's army; these had been sent from Lynchburg, in

compliance with the telegram of Lee's commissary-general, which

message, it will be remembered, was captured and transmitted to

Lynchburg by two of Young's scouts on the 4th. Sergeant White, who

had been on the lookout for the trains ever since sending the

despatch, found them several miles west of Appomattox depot feeling

their way along, in ignorance of Lee's exact position. As he had the

original despatch with him, and took pains to dwell upon the pitiable

condition of Lee's army, he had little difficulty in persuading the

men in charge of the trains to bring them east of Appomattox Station,

but fearing that the true state of affairs would be learned before

long, and the trains be returned to Lynchburg, he was painfully

anxious to have them cut off by breaking the track west of the

station.

The intelligence as to the trains was immediately despatched to

Crook, and I pushed on to join him with Merritt's command. Custer

having the advance, moved rapidly, and on nearing the station

detailed two regiments to make a detour southward to strike the

railroad some distance beyond and break the track. These regiments

set off at a gallop, and in short order broke up the railroad enough

to prevent the escape of the trains, Custer meanwhile taking

possession of the station, but none too soon, for almost at the

moment he did so the advance-guard of Lee's army appeared, bent on

securing the trains. Without halting to look after the cars further,

Custer attacked this advance-guard and had a spirited fight, in which

he drove the Confederates away from the station, captured twenty-five

pieces of artillery, a hospital train, and a large park of wagons,

which, in the hope that they would reach Lynchburg next day, were

being pushed ahead of Lee's main body.

Devin coming up a little before dusk, was put in on the right of

Custer, and one of Crook's brigades was sent to our left and the

other two held in reserve. I then forced the enemy back on the

Appomattox road to the vicinity of the Court House, and that the

Confederates might have no rest, gave orders to continue the

skirmishing throughout the night. Meanwhile the captured trains had

been taken charge of by locomotive engineers, soldiers of the

command, who were delighted evidently to get back at their old

calling. They amused themselves by running the trains to and fro,

creating much confusion, and keeping up such an unearthly screeching

with the whistles that I was on the point of ordering the cars

burned. They finally wearied of their fun, however, and ran the

trains off to the east toward General Ord's column.

The night of the 8th I made my headquarters at a little frame house

just south of the station. I did not sleep at all, nor did anybody

else, the entire command being up all night long; indeed, there had

been little rest in the cavalry for the past eight days. The

necessity of getting Ord's column up was so obvious now that

staff-officer after staff-officer was sent to him and to General Grant

requesting that the infantry be pushed on, for if it could get to the

front, all knew that the rebellion would be ended on the morrow.

Merritt, Crook, Custer, and Devin were present at frequent intervals

during the night, and everybody was overjoyed at the prospect that

our weary work was about to end so happily. Before sun-up General

Ord arrived, and informed me of the approach of his column, it having

been marching the whole night. As he ranked me, of course I could

give him no orders, so after a hasty consultation as to where his

troops should be placed we separated, I riding to the front to

overlook my line near Appomattox Court House, while he went back to

urge along his weary troops.

The night before General Lee had held a council with his principal

generals, when it was arranged that in the morning General Gordon

should undertake to break through my cavalry, and when I neared my

troops this movement was beginning, a heavy line of infantry bearing

down on us from the direction of the village. In front of Crook and

Mackenzie firing had already begun, so riding to a slight elevation

where a good view of the Confederates could be had, I there came to

the conclusion that it would be unwise to offer more resistance than

that necessary to give Ord time to form, so I directed Merritt to

fall back, and in retiring to shift Devin and Custer to the right so

as to make room for Ord, now in the woods to my rear. Crook, who

with his own and Mackenzie's divisions was on my extreme left

covering some by-roads, was ordered to hold his ground as long as

practicable without sacrificing his men, and, if forced to retire, to

contest with obstinacy the enemy's advance.

As already stated, I could not direct General Ord's course, he being

my senior, but hastily galloping back to where he was, at the edge of

the timber, I explained to him what was taking place at the front.

Merritt's withdrawal inspired the Confederates, who forthwith began

to press Crook, their line of battle advancing with confidence till

it reached the crest whence I had reconnoitred them. From this

ground they could see Ord's men emerging from the woods, and the

hopelessness of a further attack being plain, the gray lines

instinctively halted, and then began to retire toward a ridge

immediately fronting Appomattox Court House, while Ord, joined on his

right by the Fifth Corps, advanced on them over the ground that

Merritt had abandoned.

I now directed my steps toward Merritt, who, having mounted his

troopers, had moved them off to the right, and by the time I reached

his headquarters flag he was ready for work, so a move on the enemy's

left was ordered, and every guidon was bent to the front. As the

cavalry marched along parallel with the Confederate line, and in

toward its left, a heavy fire of artillery opened on us, but this

could not check us at such a time, and we soon reached some high

ground about half a mile from the Court House, and from here I could

see in the low valley beyond the village the bivouac undoubtedly of

Lee's army. The troops did not seem to be disposed in battle order,

but on the other side of the bivouac was a line of battle--a heavy

rear-guard--confronting, presumably, General Meade.

I decided to attack at once, and formations were ordered at a trot

for a charge by Custer's and Devin's divisions down the slope leading

to the camps. Custer was soon ready, but Devin's division being in

rear its formation took longer, since he had to shift further to the

right; Devin's preparations were, therefore, but partially completed

when an aide-decamp galloped up to with the word from Custer, "Lee

has surrendered; do not charge; the white flag is up." The enemy

perceiving that Custer was forming for attack, had sent the flag out

to his front and stopped the charge just in time. I at once sent

word of the truce to General Ord, and hearing nothing more from

Custer himself, I supposed that he had gone down to the Court House

to join a mounted group of Confederates that I could see near there,

so I, too, went toward them, galloping down a narrow ridge, staff and

orderlies following; but we had not got half way to the Court House

when, from a skirt of timber to our right, not more than three

hundred yards distant, a musketry fire was opened on us. This halted

us, when, waving my hat, I called out to the firing party that we

were under a truce, and they were violating it. This did not stop

them, however, so we hastily took shelter in a ravine so situated as

to throw a ridge between us and the danger.

We traveled in safety down this depression to its mouth, and thence

by a gentle ascent approached the Court House. I was in advance,

followed by a sergeant carrying my battleflag. When I got within

about a hundred and fifty yards of the enemy's line, which was

immediately in front of the Court House, some of the Confederates

leveled their pieces at us, and I again halted. Their officers kept

their men from firing, however, but meanwhile a single-handed contest

had begun behind me, for on looking back I heard a Confederate

soldier demanding my battle-flag from the color-bearer, thinking, no

doubt, that we were coming in as prisoners. The sergeant had drawn

his sabre and was about to cut the man down, but at a word from me he

desisted and carried the flag back to my staff, his assailant quickly

realizing that the boot was on the other leg.

These incidents determined me to remain where I was till the return

of a staff-officer whom I had sent over to demand an explanation from

the group of Confederates for which I had been heading. He came back

in a few minutes with apologies for what had occurred, and informed

me that General Gordon and General Wilcox were the superior officers

in the group. As they wished me to join them I rode up with my

staff, but we had hardly met when in front of Merritt firing began.

At the sound I turned to General Gordon, who seemed embarrassed by

the occurrence, and remarked: "General, your men fired on me as I was

coming over here, and undoubtedly they are treating Merritt and

Custer the same way. We might as well let them fight it out." He

replied, "There must be some mistake." I then asked, "Why not send a

staff-officer and have your people cease firing; they are violating

the flag." He answered, "I have no staff-officer to send." Whereupon

I said that I would let him have one of mine, and calling for

Lieutenant Vanderbilt Allen, I directed him to carry General Gordon's

orders to General Geary, commanding a small brigade of South Carolina

cavalry, to discontinue firing. Allen dashed off with the message

and soon delivered it, but was made a prisoner, Geary saying, "I do

not care for white flags: South Carolinians never surrender...." By

this time Merritt's patience being exhausted, he ordered an attack,

and this in short order put an end to General Geary's "last ditch"

absurdity, and extricated Allen from his predicament.

When quiet was restored Gordon remarked: "General Lee asks for a

suspension of hostilities pending the negotiations which he is having

with General Grant." I rejoined: "I have been constantly informed of

the progress of the negotiations, and think it singular that while

such discussions are going on, General Lee should have continued his

march and attempted to break through my lines this morning. I will

entertain no terms except that General Lee shall surrender to General

Grant on his arrival here. If these terms are not accepted we will

renew hostilities." Gordon replied: "General Lee's army is

exhausted. There is no doubt of his surrender to General Grant."

It was then that General Ord joined us, and after shaking hands all

around, I related the situation to him, and Gordon went away agreeing

to meet us again in half an hour. When the time was up he came back

accompanied by General Longstreet, who brought with him a despatch,

the duplicate of one that had been sent General Grant through General

Meade's lines back on the road over which Lee had been retreating.

General Longstreet renewed the assurances that already had been given

by Gordon, and I sent Colonel Newhall with the despatch to find

General Grant and bring him to the front. When Newhall started,

everything on our side of the Appomattox Court House was quiet, for

inevitable surrender was at hand, but Longstreet feared that Meade,

in ignorance of the new conditions on my front might attack the

Confederate rearguard. To prevent this I offered to send Colonel J.

W. Forsyth through the enemy's lines to let Meade know of my

agreement, for he too was suspicious that by a renewed correspondence

Lee was endeavoring to gain time for escape. My offer being

accepted, Forsyth set out accompanied by Colonel Fairfax, of

Longstreet's staff, and had no difficulty in accomplishing his

mission.

About five or six miles from Appomattox, on the road toward Prospect

Station near its intersection with the Walker's Church road, my

adjutant-general, Colonel Newhall, met General Grant, he having

started from north of the Appomattox River for my front the morning

of April 9, in consequence of the following despatches which had been

sent him the night before, after we had captured Appomattox Station

and established a line intercepting Lee:

"CAVALRY HEADQUARTERS, April 8, 1865--9:20 P. M.

"LIEUTENANT-GENERAL U. S. GRANT,

"Commanding Armies of the U. S.

"General: I marched early this morning from Buffalo Creek and

Prospect Station on Appomattox Station, where my scouts had reported

trains of cars with supplies for Lee's army. A short time before

dark General Custer, who had the advance, made a dash at the station,

capturing four trains of supplies with locomotives. One of the

trains was burned and the others were run back toward Farmville for

security. Custer then pushed on toward Appomattox Court House,

driving the enemy--who kept up a heavy fire of artillery--charging

them repeatedly and capturing, as far as reported, twenty-five pieces

of artillery and a number of prisoners and wagons. The First Cavalry

Division supported him on the right. A reconnoissance sent across

the Appomattox reports the enemy moving on the Cumberland road to

Appomattox Station, where they expect to get supplies. Custer is

still pushing on. If General Gibbon and the Fifth Corps can get up

to-night, we will perhaps finish the job in the morning. I do not

think Lee means to surrender until compelled to do so.

"P. H. SHERIDAN, Major-General."

"HEADQUARTERS CAVALRY, April 8, 1865--9:40 p.m.

"LIEUTENANT-GENERAL U. S. GRANT.

"Commanding Armies U. S.

"GENERAL: Since writing the accompanying despatch, General Custer

reports that his command has captured in all thirty-five pieces of

artillery, one thousand prisoners--including one general officer--and

from one hundred and fifty to two hundred wagons.

"P. H. SHERIDAN, Major-General."

In attempting to conduct the lieutenant-general and staff back by a

short route, Newhall lost his bearings for a time, inclining in

toward the enemy's lines too far, but regained the proper direction

without serious loss of time. General Grant arrived about 1 o'clock

in the afternoon, Ord and I, dismounted, meeting him at the edge of

the town, or crossroads, for it was little more. He remaining

mounted, spoke first to me, saying simply,

"How are you, Sheridan?" I assured him with thanks that I was

"first-rate," when, pointing toward the village, he asked, "Is

General Lee up there?" and I replied: "There is his army down in that

valley, and he himself is over in that house (designating McLean's

house) waiting to surrender to you." The General then said, "Come,

let us go over," this last remark being addressed to both Ord and me.

We two then mounted and joined him, while our staff-officers

followed, intermingling with those of the general-in-chief as the

cavalcade took its way to McLean's house near by, and where General

Lee had arrived some time before, in consequence of a message from

General Grant consenting to the interview asked for by Lee through

Meade's front that morning--the consent having been carried by

Colonel Babcock.

When I entered McLean's house General Lee was standing, as was also

his military secretary, Colonel Marshall, his only staff-officer

present. General Lee was dressed in a new uniform and wore a

handsome sword. His tall, commanding form thus set off contrasted

strongly with the short figure of General Grant, clothed as he was in

a soiled suit, without sword or other insignia of his position except

a pair of dingy shoulder-straps. After being presented, Ord and I,

and nearly all of General Grant's staff, withdrew to await the

agreement as to terms, and in a little while Colonel Babcock came to

the door and said, "The surrender had been made; you can come in

again."

When we re-entered General Grant was writing; and General Lee, having

in his hand two despatches, which I that morning requested might be

returned, as I had no copies of them, addressed me with the remark:

"I am sorry. It is probable that my cavalry at that point of the

line did not fully understand the agreement." These despatches had

been sent in the forenoon, after the fighting had been stopped,

notifying General Lee that some of his cavalry in front of Crook was

violating the suspension of hostilities by withdrawing. About

3 o'clock in the afternoon the terms of surrender were written out

and accepted, and General Lee left the house, as he departed

cordially shaking hands with General Grant. A moment later he

mounted his chunky gray horse, and lifting his hat as he passed out

of the yard, rode off toward his army, his arrival there being

announced to us by cheering, which, as it progressed, varying in

loudness, told he was riding through the bivouac of the Army of

Northern Virginia.

The surrender of General Lee practically ended the war of the

rebellion. For four years his army had been the main-stay of the

Confederacy; and the marked ability with which he directed its

operations is evidenced both by his frequent successes and the length

of time he kept up the contest. Indeed, it may be said that till

General Grant was matched against him, he never met an opponent he

did not vanquish, for while it is true that defeat was inflicted on

the Confederates at Antietam and Gettysburg, yet the fruits of these

victories were not gathered, for after each of these battles Lee was

left unmolested till he had a chance to recuperate.

The assignment of General Grant to the command of the Union armies in

the winter of 1863-64 gave presage of success from the start, for his

eminent abilities had already been proved, and besides, he was a

tower of strength to the Government, because he had the confidence of

the people. They knew that henceforth systematic direction would be

given to our armies in every section of the vast territory over which

active operations were being prosecuted, and further, that this

coherence, this harmony of plan, was the one thing needed to end the

war, for in the three preceding years there had been illustrated most

lamentable effects of the absence of system. From the moment he set

our armies in motion simultaneously, in the spring of 1864, it could

be seen that we should be victorious ultimately, for though on

different lines we were checked now and then, yet we were harassing

the Confederacy at so many vital points that plainly it must yield to

our blows. Against Lee's army, the forefront of the Confederacy,

Grant pitted himself; and it may be said that the Confederate

commander was now, for the first time, overmatched, for against all

his devices--the products of a mind fertile in defense--General Grant

brought to bear not only the wealth of expedient which had hitherto

distinguished him, but also an imperturbable tenacity, particularly

in the Wilderness and on the march to the James, without which the

almost insurmountable obstacles of that campaign could not have been

overcome. During it and in the siege of Petersburg he met with many

disappointments--on several occasions the shortcomings of generals,

when at the point of success, leading to wretched failures. But so

far as he was concerned, the only apparent effect of these

discomfitures was to make him all the more determined to discharge

successfully the stupendous trust committed to his care, and to bring

into play the manifold resources of his well ordered military mind.

He guided every subordinate then, and in the last days of the

rebellion, with a fund of common sense and superiority of intellect,

which have left an impress so distinct as to exhibit his great

personality. When his military history is analyzed after the lapse

of years, it will show, even more clearly than now, that during these

as well as in his previous campaigns he was the steadfast Centre

about and on which everything else turned.

CHAPTER IX.

ORDERED TO GREENSBORO', N. C.--MARCH TO THE DAN RIVER--ASSIGNED TO

THE COMMAND WEST OF THE MISSISSIPPI--LEAVING WASHINGTON--FLIGHT OF

GENERAL EARLY--MAXIMILIAN--MAKING DEMONSTRATIONS ON THE UPPER RIO

GRANDE--CONFEDERATES JOIN MAXIMILIAN--THE FRENCH INVASION OF MEXICO

AND ITS RELATIONS TO THE REBELLION--ASSISTING THE LIBERALS

--RESTORATION OF THE REPUBLIC.

The surrender at Appomattox put a stop to all military operations on

the part of General Grant's forces, and the morning of April 10 my

cavalry began its march to Petersburg, the men anticipating that they

would soon be mustered out and returned to their homes. At Nottoway

Court House I heard of the assassination of the President. The first

news came to us the night after the dastardly deed, the telegraph

operator having taken it from the wires while in transmission to

General Meade. The despatch ran that Mr. Lincoln had been, shot at

10 o'clock that morning at Willard's Hotel, but as I could conceive

of nothing to take the President there I set the story down as a

canard, and went to bed without giving it further thought. Next

morning, however, an official telegram confirmed the fact of the

assassination, though eliminating the distorted circumstances that

had been communicated the night before.

When we reached Petersburg my column was halted, and instructions

given me to march the cavalry and the Sixth Corps to Greensboro',

North Carolina, for the purpose of aiding General Sherman (the

surrender of General Johnston having not yet been effected), so I

made the necessary preparations and moved on the 24th of April,

arriving at South Boston, on the Dan River, the 28th, the Sixth Corps

having reached Danville meanwhile. At South Boston I received a

despatch from General Halleck, who immediately after Lee's surrender

had been assigned to command at Richmond, informing me that General

Johnston had been brought to terms. The necessity for going farther

south being thus obviated we retraced our steps to Petersburg, from

which place I proceeded by steamer to Washington, leaving, the

cavalry to be marched thither by easy stages.

The day after my arrival in Washington an important order was sent

me, accompanied by the following letter of instructions, transferring

me to a new field of operations:

"HEADQUARTERS ARMIES OF THE UNITED STATES.

"Washington, D. C., May 17, 1865.

"GENERAL: Under the orders relieving you from the command of the

Middle Military Division and assigning you to command west of the

Mississippi, you will proceed without delay to the West to arrange

all preliminaries for your new field of duties.

"Your duty is to restore Texas, and that part of Louisiana held by

the enemy, to the Union in the shortest practicable time, in a way

most effectual for securing permanent peace.

"To do this, you will be given all the troops that can be spared

by Major-General Canby, probably twenty-five thousand men of

all arms; the troops with Major-General J. J. Reynolds, in

Arkansas, say twelve thousand, Reynolds to command; the Fourth

Army Corps, now at Nashville, Tennessee, awaiting orders; and

the Twenty-Fifth Army Corps, now at City Point, Virginia, ready

to embark.

"I do not wish to trammel you with instructions; I will state,

however, that if Smith holds out, without even an ostensible

government to receive orders from or to report to, he and his men are

not entitled to the considerations due to an acknowledged

belligerent. Theirs are the conditions of outlaws, making war

against the only Government having an existence over the territory

where war is now being waged.

"You may notify the rebel commander west of the Mississippi--holding

intercourse with him in person, or through such officers of the rank

of major-general as you may select--that he will be allowed to

surrender all his forces on the same terms as were accorded to Lee

and Johnston. If he accedes, proceed to garrison the Red River as

high up as Shreveport, the seaboard at Galveston, Malagorda Bay,

Corpus Christi, and mouth of the Rio Grande.

"Place a strong force on the Rio Grande, holding it at least to a

point opposite Camargo, and above that if supplies can be procured.

"In case of an active campaign (a hostile one) I think a heavy force

should be put on the Rio Grande as a first preliminary. Troops for

this might be started at once. The Twenty-Fifth Corps is now

available, and to it should be added a force of white troops, say

those now under Major-General Steele.

"To be clear on this last point, I think the Rio Grande should be

strongly held, whether the forces in Texas surrender or not, and that

no time should be lost in getting troops there. If war is to be

made, they will be in the right place; if Kirby Smith surrenders,

they will be on the line which is to be strongly garrisoned.

"Should any force be necessary other than those designated, they can

be had by calling for them on Army Headquarters.

"U. S. GRANT,

"Lieutenant-General.

"To MAJOR-GENERAL P. H. SHERIDAN,

"United States Army."

On receipt of these instructions I called at once on General Grant,

to see if they were to be considered so pressing as to preclude my

remaining in Washington till after the Grand Review, which was fixed

for the 23d and 24th of May, for naturally I had a strong desire to

head my command on that great occasion. But the General told me that

it was absolutely necessary to go at once to force the surrender of

the Confederates under Kirby Smith. He also told me that the States

lately in rebellion would be embraced in two or three military

departments, the commanders of which would control civil affairs

until Congress took action about restoring them to the Union, since

that course would not only be economical and simple, but would give

the Southern people confidence, and encourage them to go to work,

instead of distracting them with politics.

At this same interview he informed me that there was an additional

motive in sending me to the new command, a motive not explained by

the instructions themselves, and went on to say that, as a matter of

fact, he looked upon the invasion of Mexico by Maximilian as a part

of the rebellion itself, because of the encouragement that invasion

had received from the Confederacy, and that our success in putting

down secession would never be complete till the French and Austrian

invaders were compelled to quit the territory of our sister republic.

With regard to this matter, though, he said it would be necessary for

me to act with great circumspection, since the Secretary of State,

Mr. Seward, was much opposed to the use of our troops along the

border in any active way that would be likely to involve us in a war

with European powers.

Under the circumstances, my disappointment at not being permitted to

participate in the review had to be submitted to, and I left

Washington without an opportunity of seeing again in a body the men

who, while under my command, had gone through so many trials and

unremittingly pursued and, assailed the enemy, from the beginning of

the campaign of 1864 till the white flag came into their hands at

Appomattox Court House.

I went first to St. Louis, and there took the steamboat for New

Orleans, and when near the mouth of the Red River received word from

General Canby that Kirby Smith had surrendered under terms similar to

those accorded Lee and Johnston. But the surrender was not carried

out in good faith, particularly by the Texas troops, though this I

did not learn till some little time afterward when I was informed

that they had marched off to the interior of the State in several

organized bodies, carrying with them their camp equipage, arms,

ammunition, and even some artillery, with the ultimate purpose of

going to Mexico. In consequence of this, and also because of the

desire of the Government to make a strong showing of force in Texas,

I decided to traverse the State with two columns of cavalry,

directing one to San Antonio under Merritt, the other to Houston

under Custer. Both commands were to start from the Red River

--Shreveport and Alexandria--being the respective initial points--and

in organizing the columns, to the mounted force already on the Red

River were added several regiments of cavalry from the east bank of

the Mississippi, and in a singular way one of these fell upon the

trail of my old antagonist, General Early. While crossing the river

somewhere below Vicksburg some of the men noticed a suspicious

looking party being ferried over in a rowboat, behind which two

horses were swimming in tow. Chase was given, and the horses, being

abandoned by the party, fell into the hands of our troopers, who,

however, failed to capture or identify the people in the boat. As

subsequently ascertained, the men were companions of Early, who was

already across the Mississippi, hidden in the woods, on his way with

two or three of these followers to join the Confederates in Texas,

not having heard of Kirby Smith's surrender. A week or two later I

received a letter from Early describing the affair, and the capture

of the horses, for which he claimed pay, on the ground that they were

private property, because he had taken them in battle. The letter

also said that any further pursuit of Early would be useless, as he

"expected to be on the deep blue sea" by the time his communication

reached me. The unfortunate man was fleeing from imaginary dangers,

however, for striking his trail was purely accidental, and no effort

whatever was being made to arrest him personally. Had this been

especially desired it might have been accomplished very readily just

after Lee's surrender, for it was an open secret that Early was then

not far away, pretty badly disabled with rheumatism.

By the time the two columns were ready to set out for San Antonio and

Houston, General Frank Herron,--with one division of the Thirteenth

Corps, occupied Galveston, and another division under General Fred

Steele had gone to Brazos Santiago, to hold Brownsville and the line

of the Rio Grande, the object being to prevent, as far as possible,

the escaping Confederates from joining Maximilian. With this purpose

in view, and not forgetting Grant's conviction that the French

invasion of Mexico was linked with the rebellion, I asked for an

increase of force to send troops into Texas in fact, to concentrate

at available points in the State an army strong enough to move

against the invaders of Mexico if occasion demanded. The Fourth and

Twenty-fifth army corps being ordered to report to me, accordingly, I

sent the Fourth Corps to Victoria and San Antonio, and the bulk of

the Twenty-fifth to Brownsville. Then came the feeding and caring

for all these troops--a difficult matter--for those at Victoria and

San Antonio had to be provisioned overland from Indianola across the

"hog-wallow prairie," while the supplies for the forces at

Brownsville and along the Rio Grande must come by way of Brazos

Santiago, from which point I was obliged to construct, with the labor

of the men, a railroad to Clarksville, a distance of about eighteen

miles.

The latter part of June I repaired to Brownsville myself to impress

the Imperialists, as much as possible, with the idea that we intended

hostilities, and took along my chief of scouts--Major Young--and four

of his most trusty men, whom I had had sent from Washington. From

Brownsville I despatched all these men to important points in

northern Mexico, to glean information regarding the movements of the

Imperial forces, and also to gather intelligence about the

ex-Confederates who had crossed the Rio Grande. On information

furnished by these scouts, I caused General Steele to make

demonstrations all along the lower Rio Grande, and at the same time

demanded the return of certain munitions of war that had been turned

over by ex-Confederates to the Imperial General (Mejia) commanding at

Matamoras. These demands, backed up as they were by such a

formidable show of force created much agitation and demoralization

among the Imperial troops, and measures looking to the abandonment of

northern Mexico were forthwith adopted by those in authority--a

policy that would have resulted in the speedy evacuation of the

entire country by Maximilian, had not our Government weakened;

contenting itself with a few pieces of the contraband artillery

varnished over with the Imperial apologies. A golden opportunity was

lost, for we had ample excuse for crossing the boundary, but Mr.

Seward being, as I have already stated, unalterably opposed to any

act likely to involve us in war, insisted on his course of

negotiation with Napoleon.

As the summer wore away, Maximilian, under Mr. Seward's policy,

gained in strength till finally all the accessible sections of Mexico

were in his possession, and the Republic under President Juarez

almost succumbed. Growing impatient at this, in the latter part of

September I decided to try again what virtue there might be in a

hostile demonstration, and selected the upper Rio Grande for the

scene of my attempt. Merritt's cavalry and the Fourth Corps still

being at San Antonio, I went to that place and reviewed these troops,

and having prepared them with some ostentation for a campaign, of

course it was bruited about that we were going to invade Mexico.

Then, escorted by a regiment of horse I proceeded hastily to Fort

Duncan, on the Rio Grande just opposite the Mexican town of Piedras

Negras. Here I opened communication with President Juarez, through

one of his staff, taking care not to do this in the dark, and the

news, spreading like wildfire, the greatest significance was ascribed

to my action, it being reported most positively and with many

specific details that I was only awaiting the arrival of the troops,

then under marching orders at San Antonio, to cross the Rio Grande in

behalf of the Liberal cause.

Ample corroboration of the reports then circulated was found in my

inquiries regarding the quantity of forage we could depend upon

getting in Mexico, our arrangements for its purchase, and my sending

a pontoon train to Brownsville, together with which was cited the

renewed activity of the troops along the lower Rio Grande. These

reports and demonstrations resulted in alarming the Imperialists so

much that they withdrew the French and Austrian soldiers from

Matamoras, and practically abandoned the whole of northern Mexico as

far down as Monterey, with the exception of Matamoras, where General

Mejia continued to hang on with a garrison of renegade Mexicans.

The abandonment of so much territory in northern Mexico encouraged

General Escobedo and other Liberal leaders to such a degree that they

collected a considerable army of their followers at Comargo, Mier,

and other points. At the same time that unknown quantity, Cortinas,

suspended his free-booting for the nonce, and stoutly harassing

Matamoras, succeeded in keeping its Imperial garrison within the

fortifications. Thus countenanced and stimulated, and largely

supplied with arms and ammunition, which we left at convenient places

on our side of the river to fall into their hands, the Liberals,

under General Escobedo--a man of much force of character--were

enabled in northern Mexico to place the affairs of the Republic on a

substantial basis.

But in the midst of what bade fair to cause a final withdrawal of the

foreigners, we were again checked by our Government, as a result of

representations of the French Minister at Washington. In October, he

wrote to Mr. Seward that the United States troops on the Rio Grande

were acting "in exact opposition to the repeated assurances Your

Excellency has given me concerning the desire of the Cabinet at

Washington to preserve the most strict neutrality in the events now

taking place in Mexico," and followed this statement with an emphatic

protest against our course. Without any investigation whatever by

our State Department, this letter of the French Minister was

transmitted to me, accompanied by directions to preserve a strict

neutrality; so, of course, we were again debarred from anything like

active sympathy.

After this, it required the patience of Job to abide the slow and

poky methods of our State Department, and, in truth, it was often

very difficult to restrain officers and men from crossing the Rio

Grande with hostile purpose. Within the knowledge of my troops,

there had gone on formerly the transfer of organized bodies of

ex-Confederates to Mexico, in aid of the Imperialists, and at this

period it was known that there was in preparation an immigration

scheme having in view the colonizing, at Cordova and one or two other

places, of all the discontented elements of the defunct Confederacy

--Generals Price, Magruder, Maury, and other high personages being

promoters of the enterprise, which Maximilian took to readily. He

saw in it the possibilities of a staunch support to his throne, and

therefore not only sanctioned the project, but encouraged it with

large grants of land, inspirited the promoters with titles of

nobility, and, in addition, instituted a system of peonage, expecting

that the silver hook thus baited would be largely swallowed by the

Southern people.

The announcement of the scheme was followed by the appointment of

commissioners in each of the Southern States to send out emigrants;

but before any were deluded into starting, I made to General Grant a

report of what was going on, with the recommendation that measures be

taken, through our State Department, looking to the suppression of

the colony; but, as usual, nothing could be effected through that

channel; so, as an alternative, I published, in April, 1866, by

authority of General Grant, an order prohibiting the embarkation from

ports in Louisiana and Texas, for ports in Mexico, of any person

without a permit from my headquarters. This dampened the ardor of

everybody in the Gulf States who had planned to go to Mexico; and

although the projectors of the Cordova Colonization Scheme--the name

by which it was known--secured a few innocents from other districts,

yet this set-back led ultimately to failure.

Among the Liberal leaders along the Rio Grande during this period

there sprang up many factional differences from various causes, some

personal, others political, and some, I regret to say, from downright

moral obliquity--as, for example, those between Cortinas and Canales

--who, though generally hostile to the Imperialists, were freebooters

enough to take a shy at each other frequently, and now and then even

to join forces against Escobedo, unless we prevented them by coaxing

or threats. A general who could unite these several factions was

therefore greatly needed, and on my return to New Orleans I so

telegraphed General Grant, and he, thinking General Caravajal (then

in Washington seeking aid for the Republic) would answer the purpose,

persuaded him to report to me in New Orleans. Caravajal promptly

appeared, but he did not impress me very favorably. He was old and

cranky, yet, as he seemed anxious to do his best, I sent him over to

Brownsville, with credentials, authorizing him to cross into Mexico,

and followed him myself by the next boat. When I arrived in

Brownsville, matters in Matamoras had already reached a crisis.

General Mejia, feeling keenly the moral support we were giving the

Liberals, and hard pressed by the harassing attacks of Cortinas and

Canales, had abandoned the place, and Caravajal, because of

his credentials from our side, was in command, much to the

dissatisfaction of both those chiefs whose differences it was

intended he should reconcile.

The day after I got to Brownsville I visited Matamoras, and had a

long interview with Caravajal. The outcome of this meeting was, on

my part, a stronger conviction than ever that he was unsuitable, and

I feared that either Canales or Cortinas would get possession of the

city. Caravajal made too many professions of what he would do--in

short, bragged too much--but as there was no help for the situation,

I made the best of it by trying to smooth down the ruffled feathers

of Canales and Cortinas. In my interview with Caravajal I

recommended Major Young as a confidential man, whom he could rely

upon as a "go-between" for communicating with our people at

Brownsville, and whom he could trust to keep him informed of the

affairs of his own country as well.

A day or two afterward I recrossed the Gulf to New Orleans, and then,

being called from my headquarters to the interior of Texas, a

fortnight passed before I heard anything from Brownsville. In the

meanwhile Major Young had come to New Orleans, and organized there a

band of men to act as a body-guard for Caravajal, the old wretch

having induced him to accept the proposition by representing that it

had my concurrence. I at once condemned the whole business, but

Young, having been furnished with seven thousand dollars to recruit

the men and buy their arms, had already secured both, and was so

deeply involved in the transaction, he said, that he could not

withdraw without dishonor, and with tears in his eyes he besought me

to help him. He told me he had entered upon the adventure in the

firm belief that I would countenance it; that the men and their

equipment were on his hands; that he must make good his word at all

hazards; and that while I need not approve, yet I must go far enough

to consent to the departure of the men, and to loan him the money

necessary to provision his party and hire a schooner to carry them to

Brazos. It was hard in deed to resist the appeals of this man, who

had served me so long and so well, and the result of his pleading was

that I gave him permission to sail, and also loaned him the sum asked

for; but I have never ceased to regret my consent, for misfortune

fell upon the enterprise almost from its inception.

By the time the party got across the Gulf and over to Brownsville,

Caravajal had been deposed by Canales, and the latter would not

accept their services. This left Young with about fifty men to whom

he was accountable, and as he had no money to procure them

subsistence, they were in a bad fix. The only thing left to do was

to tender their services to General Escobedo, and with this in view

the party set out to reach the General's camp, marching up the Rio

Grande on the American side, intending to cross near Ringgold Bar

racks. In advance of them, however, had spread far and wide the

tidings of who they were, what they proposed to do, and where they

were going, and before they could cross into Mexico they were

attacked by a party of ex-Confederates and renegade Mexican

rancheros. Being on American soil, Young forbade his men to return

the fire, and bent all his efforts to getting them over the river;

but in this attempt they were broken up, and became completely

demoralized. A number of the men were drowned while swimming the

river, Young himself was shot and killed, a few were captured, and

those who escaped--about twenty in all--finally joined Escobedo, but

in such a plight as to be of little use. With this distressing

affair came to an end pretty much all open participation of American

sympathizers with the Liberal cause, but the moral support afforded

by the presence of our forces continued, and this was frequently

supplemented with material aid in the shape of munitions of war,

which we liberally supplied, though constrained to do so by the most

secret methods.

The term of office of Juarez as President of the Mexican Republic

expired in December, 1865, but to meet existing exigencies he had

continued himself in office by proclamation, a course rendered

necessary by the fact that no elections could be held on account of

the Imperial occupation of most of the country. The official who, by

the Mexican Constitution, is designated for the succession in such an

emergency, is the President of the Supreme Court, and the person then

eligible under this provision was General Ortega, but in the interest

of the Imperialists he had absented himself from Mexico, hence the

patriotic course of Juarez in continuing himself at the head of

affairs was a necessity of the situation. This action of the

President gave the Imperialists little concern at first, but with the

revival of the Liberal cause they availed themselves of every means

to divide its supporters, and Ortega, who had been lying low in the

United States, now came forward to claim the Presidency. Though

ridiculously late for such a step, his first act was to issue a

manifesto protesting against the assumption of the executive

authority by Juarez. The protest had little effect, however, and his

next proceeding was to come to New Orleans, get into correspondence

with other disaffected Mexicans, and thus perfect his plans. When he

thought his intrigue ripe enough for action, he sailed for Brazos,

intending to cross the Rio Grande and assert his claims with arms.

While he was scheming in New Orleans, however, I had learned what he

was up to, and in advance of his departure had sent instructions to

have him arrested on American soil. Colonel Sedgwick, commanding at

Brownsville, was now temporary master of Matamoras also, by reason of

having stationed some American troops there for the protection of

neutral merchants, so when Ortega appeared at Brazos, Sedgwick

quietly arrested him and held him till the city of Matamoras was

turned over to General Escobedo, the authorized representative of

Juarez; then Escobedo took charge, of Ortega, and with ease prevented

his further machinations.

During the winter and spring of 1866 we continued covertly supplying

arms and ammunition to the Liberals--sending as many as 30,000

muskets from Baton Rouge Arsenal alone--and by mid-summer Juarez,

having organized a pretty good sized army, was in possession of the

whole line of the Rio Grande, and, in fact, of nearly the whole of

Mexico down to San Louis Potosi. Then thick and fast came rumors

pointing to the tottering condition of Maximilian's Empire-first,

that Orizaba and Vera Cruz were being fortified; then, that the

French were to be withdrawn; and later came the intelligence that the

Empress Carlotta had gone home to beg assistance from Napoleon, the

author of all of her husband's troubles. But the situation forced

Napoleon to turn a deaf ear to Carlotta's prayers. The brokenhearted

woman besought him on her knees, but his fear of losing an army made

all pleadings vain. In fact, as I ascertained by the following

cablegram which came into my hands, Napoleon's instructions for the

French evacuation were in Mexico at the very time of this pathetic

scene between him and Carlotta. The despatch was in cipher when I

received it, but was translated by the telegraph operator at my

headquarters, who long before had mastered the key of the French

cipher:

"PARIS, January 10, 1867. FRENCH CONSUL, New Orleans, La.

"To GENERAL CASTELNAU, at Mexico.

"Received your despatch of the 9th December. Do not compel the

Emperor to abdicate, but do not delay the departure of the troops;

bring back all those who will not remain there. Most of the fleet

has left.

"NAPOLEON."

This meant the immediate withdrawal of the French. The rest of the

story--which has necessarily been but in outline--is soon told.

Maximilian, though deserted, determined to hold out to the last, and

with the aid of disloyal Mexicans stuck to his cause till the spring.

When taken prisoner at Queretaro, he was tried and executed under

circumstances that are well known. From promptings of humanity

Secretary Seward tried hard to save the Imperial prisoner, but

without success. The Secretary's plea for mercy was sent through me

at New Orleans, and to make speed I hired a steamer to proceed with

it across the Gulf to Tampico. The document was carried by Sergeant

White, one of my scouts, who crossed the country from Tampico, and

delivered it to Escobedo at Queretaro; but Mr. Seward's

representations were without avail--refused probably because little

mercy had been shown certain Liberal leaders unfortunate enough to

fall into Maximilian's hands during the prosperous days of his

Empire.

At the close of our war there was little hope for the Republic of

Mexico. Indeed, till our troops were concentrated on the Rio Grande

there was none. Our appearance in such force along the border

permitted the Liberal leaders, refugees from their homes, to

establish rendezvous whence they could promulgate their plans in

safety, while the countenance thus given the cause, when hope was

well-nigh gone, incited the Mexican people to renewed resistance.

Beginning again with very scant means, for they had lost about all,

the Liberals saw their cause, under the influence of such significant

and powerful backing, progress and steadily grow so strong that

within two years Imperialism had received its death-blow. I doubt

very much whether such, results could have been achieved without the

presence of an American army on the Rio Grande, which, be it

remembered, was sent there because, in General Grant's words, the

French invasion of Mexico was so closely related to the rebellion as

to be essentially a part of it.

CHAPTER X.

A. J. HAMILTON APPOINTED PROVISIONAL GOVERNOR OF TEXAS--ASSEMBLES A

CONSTITUTIONAL CONVENTION--THE TEXANS DISSATISFIED--LAWLESSNESS

--OPPRESSIVE LEGISLATION--EX-CONFEDERATES CONTROLLING LOUISIANA--A

CONSTITUTIONAL CONVENTION--THE MEETING SUPPRESSED--A BLOODY RIOT--MY

REPORTS OF THE MASSACRE--PORTIONS SUPPRESSED BY PRESIDENT JOHNSON

--SUSTAINED BY A CONGRESSIONAL COMMITTEE--THE RECONSTRUCTION LAWS.

Although in 1865-66 much of my attention was directed to

international matters along the Rio Grande, the civil affairs of

Texas and Louisiana required a certain amount of military supervision

also in the absence of regularly established civil authority. At the

time of Kirby Smith's surrender the National Government had

formulated no plan with regard to these or the other States lately in

rebellion, though a provisional Government had been set up in

Louisiana as early as 1864. In consequence of this lack of system,

Governor Pendleton Murray, of Texas, who was elected under

Confederate rule, continued to discharge the duties of Governor till

President Johnson, on June 17, in harmony with his amnesty

proclamation of May 29, 1865, appointed A. J. Hamilton provisional

Governor. Hamilton was empowered by the President to call a

Constitutional convention, the delegates to which were to be elected,

under certain prescribed qualifications, for the purpose of

organizing the political affairs of the State, the Governor to be

guided by instructions similar to those given the provisional

Governor of North Carolina (W. W. Holden), when appointed in May.

The convening of this body gave rise to much dissatisfaction among

the people of Texas. They had assumed that affairs were to go on as

of old, and that the reintegration of the State was to take place

under the administration of Governor Murray, who, meanwhile, had

taken it upon himself, together with the Legislature, to authorize

the election of delegates to a State Convention, without restriction

as to who should be entitled to vote. Thus encouraged, the element

but lately in armed rebellion was now fully bent on restoring the

State to the Union without any intervention whatever of the Federal

Government; but the advent of Hamilton put an end to such illusions,

since his proclamation promptly disfranchised the element in

question, whose consequent disappointment and chagrin were so great

as to render this factor of the community almost uncontrollable. The

provisional Governor at once rescinded the edict of Governor Murray,

prohibited the assembling of his convention, and shortly after

called, one himself, the delegates to which were to b chosen by

voters who could take the amnesty-oath. The proclamation convening

this assemblage also announced the policy that would be pursued in

governing the State until its affairs were satisfactorily

reorganized, defined in brief the course to be followed by the

Judiciary, and provided for the appointment, by the Governor, of

county officials to succeed those known to be disloyal. As this

action of Hamilton's disfranchised all who could not take the amnesty

oath, and of course deprived them of the offices, it met at once with

pronounced and serious opposition, and he quickly realized that he

had on his hands an arduous task to protect the colored people,

particularly as in the transition state of society just after the

close of the war there prevailed much lawlessness, which vented

itself chiefly on the freedmen. It was greatly feared that political

rights were to be given those so recently in servitude, and as it was

generally believed that such enfranchisement would precipitate a race

war unless the freedmen were overawed and kept in a state of

subjection, acts of intimidation were soon reported from all parts of

the State.

Hamilton, an able, determined, and fearless man, tried hard to curb

this terrorism, but public opinion being strong against him, he could

accomplish little without military aid. As department commander, I

was required, whenever called upon, to assist his government, and as

these requisitions for help became necessarily very frequent, the

result was that shortly after he assumed his duties, detachments of

troops were stationed in nearly every county of the State. By such

disposition of my forces fairly good order was maintained under the

administration of Hamilton, and all went well till the inauguration

of J. W. Throckmorton, who, elected Governor in pursuance of an

authorization granted by the convention which Hamilton had called

together, assumed the duties of the office August 9, 1866.

One of Governor Throckmorton's first acts was to ask the withdrawal

or non-interference of the military. This was not all granted, but

under his ingenious persuasion President Johnson, on the 13th of

August, 1866, directed that the new State officials be entrusted with

the unhampered control of civil affairs, and this was more than

enough to revive the bulldozing methods that had characterized the

beginning of Hamilton's administration. Oppressive legislation in

the shape of certain apprentice and vagrant laws quickly followed,

developing a policy of gross injustice toward the colored people on

the part of the courts, and a reign of lawlessness and disorder

ensued which, throughout the remote districts of the State at least,

continued till Congress, by what are known as the Reconstruction

Acts, took into its own hands the rehabilitation of the seceded

States.

In the State of Louisiana a provisional government, chosen by the

loyal element, had been put in operation, as already mentioned, as

early as 1864. This was effected under encouragement given by

President Lincoln, through the medium of a Constitutional convention,

which met at New Orleans in April, 1864, and adjourned in July. The

constitution then agreed upon was submitted to the people, and in

September, 1864, was ratified by a vote of the few loyal residents of

the State.

The government provided under this constitution being looked upon as

provisional merely, was never recognized by Congress, and in 1865 the

returned Confederates, restored to citizenship by the President's

amnesty proclamation, soon got control of almost all the State. The

Legislature was in their hands, as well as most of the State and

municipal offices; so, when the President, on the 20th of August,

1866, by proclamation, extended his previous instructions regarding

civil affairs in Texas so as to have them apply to all the seceded

States, there at once began in Louisiana a system of discriminative

legislation directed against the freedmen, that led to flagrant

wrongs in the enforcement of labor contracts, and in the remote

parishes to numbers of outrages and murders.

To remedy this deplorable condition of things, it was proposed, by

those who had established the government of 1864, to remodel the

constitution of the State; and they sought to do this by reassembling

the convention, that body before its adjournment having provided for

reconvening under certain conditions, in obedience to the call of its

president. Therefore, early in the summer of 1866, many members of

this convention met in conference at New Orleans, and decided that a

necessity existed for reconvening the delegates, and a proclamation

was issued accordingly by B. K. Howell, President-pro-tempore.

Mayor John T. Monroe and the other officials of New Orleans looked

upon this proposed action as revolutionary, and by the time the

convention assembled (July 30), such bitterness of feeling prevailed

that efforts were made by the mayor and city police to suppress the

meeting. A bloody riot followed, resulting, in the killing and

wounding of about a hundred and sixty persons.

I happened to be absent from the city at the time, returning from

Texas, where I had been called by affairs on the Rio Grande. On my

way up from the mouth of the Mississippi I was met on the night of

July 30 by one of my staff, who reported what had occurred, giving

the details of the massacre--no milder term is fitting--and informing

me that, to prevent further slaughter, General Baird, the senior

military officer present, had assumed control of the municipal

government. On reaching the city I made an investigation, and that

night sent the following report of the affair:

"HEADQUARTERS MILITARY DIVISION OF THE GULF,

"NEW ORLEANS, LA., Aug. 1, 1866.

"GENERAL U. S. GRANT:

"You are doubtless aware of the serious riot which occurred in this

city on the 30th. A political body, styling themselves the

Convention of 1864, met on the 30th, for, as it is alleged, the

purpose of remodeling the present constitution of the State. The

leaders were political agitators and revolutionary men, and the

action of the convention was liable to produce breaches of the public

peace. I had made up my mind to arrest the head men, if the

proceedings of the convention were calculated to disturb the

tranquility of the Department; but I had no cause for action until

they committed the overt act. In the meantime official duty called

me to Texas, and the mayor of the city, during my absence suppressed

the convention by the use of the police force, and in so doing

attacked the members of the convention, and a party of two hundred

negroes, with fire-arms, clubs, and knives, in a manner so

unnecessary and atrocious as to compel me to say that it was murder.

About forty whites and blacks were thus killed, and about one hundred

and sixty wounded. Everything is now quiet, but I deem it best to

maintain a military supremacy in the city for a few days, until the

affair is fully investigated. I believe the sentiment of the general

community is great regret at this unnecessary cruelty, and that the

police could have made any arrest they saw fit without sacrificing

lives.

"P. H. SHERIDAN,

"Major-General Commanding."

On receiving the telegram, General Grant immediately submitted it

to the President. Much clamor being made at the North for the

publication of the despatch, Mr. Johnson pretended to give it to the

newspapers. It appeared in the issues of August 4, but with this

paragraph omitted, viz.:

"I had made up my mind to arrest the head men, if the proceedings of

the convention were calculated to disturb the tranquility of the

Department, but I had no cause for action until they committed the

overt act. In the mean time official duty called me to Texas, and

the mayor of the city, during my absence, suppressed the convention

by the use of the police force, and in so doing attacked the members

of the convention, and a party of two hundred negroes, with

fire-arms, clubs, and knives, in a manner so unnecessary and atrocious

as to compel me to say it was murder."

Against this garbling of my report--done by the President's own order

--I strongly demurred; and this emphatic protest marks the beginning of

Mr. Johnson's well-known personal hostility toward me. In the mean

time I received (on August 3) the following despatch from General Grant

approving my course:

"HEADQUARTERS ARMIES OF THE UNITED STATES,

"WAR DEPT., WASHINGTON, D. C., "August 3, 1866--5 p.m.

"MAJOR-GENERAL P. H. SHERIDAN,

"Commanding Mil. Div. of the Gulf,

"New Orleans, La.

"Continue to enforce martial law, so far as may be necessary to

preserve the peace; and do not allow any of the civil authorities to

act, if you deem such action dangerous to the public safety. Lose no

time in investigating and reporting the causes that led to the riot,

and the facts which occurred.

"U. S. GRANT,

"Lieutenant-General."

In obedience to the President's directions, My report of August 1 was

followed by another, more in detail, which I give in full, since it

tells the whole story of the riot:

"HEADQUARTERS MILITARY DIVISION OF THE GULF,

"NEW ORLEANS, LA., August 6, 1866.

"His EXCELLENCY ANDREW JOHNSON,

"President United States.

"I have the honor to make the following reply to your despatch of

August 4. A very large number of colored people marched in

procession on Friday night, July twenty-seven (27), and were

addressed from the steps of the City Hall by Dr. Dostie, ex-Governor

Hahn, and others. The speech of Dostie was intemperate in language

and sentiment. The speeches of the others, so far as I can learn,

were characterized by moderation. I have not given you the words of

Dostie's speech, as the version published was denied; but from what I

have learned of the man, I believe they were intemperate.

"The convention assembled at twelve (12) M. on the thirtieth (30),

the timid members absenting themselves because the tone of the

general public was ominous of trouble. I think there were about

twenty-six (26) members present. In front of the Mechanics

Institute, where the meeting was held, there were assembled some

colored men, women, and children, perhaps eighteen (18) or twenty

(20), and in the Institute a number of colored men, probably one

hundred and fifty (150). Among those outside and inside there might

have been a pistol in the possession of every tenth (10) man.

"About one (1) p. m. a procession of say from sixty (60) to one

hundred and thirty (130) colored men marched up Burgundy Street and

across Canal Street toward the convention, carrying an American flag.

These men had about one pistol to every ten men, and canes and clubs

in addition. While crossing Canal Street a row occurred. There were

many spectators on the street, and their manner and tone toward the

procession unfriendly. A shot was fired, by whom I am not able to

state, but believe it to have been by a policeman, or some colored

man in the procession. This led to other shots and a rush after the

procession. On arrival at the front of the Institute there was some

throwing of brickbats by both sides. The police, who had been held

well in hand, were vigorously marched to the scene of disorder. The

procession entered the Institute with the flag, about six (6) or

eight (8) remaining outside. A row occurred between a policeman and

one of these colored men, and a shot was again fired by one of the

parties, which led to an indiscriminate fire on the building through

the windows by the policemen. This had been going on for a short

time, when a white flag was displayed from the windows of the

Institute, whereupon the firing ceased, and the police rushed into

the building.

"From the testimony of wounded men, and others who were inside the

building, the policemen opened an indiscriminate fire upon the

audience until they had emptied their revolvers, when they retired,

and those inside barricaded the doors. The door was broken in, and

the firing again commenced, when many of the colored and white people

either escaped throughout the door or were passed out by the

policemen inside; but as they came out the policemen who formed the

circle nearest the building fired upon them, and they were again

fired upon by the citizens that formed the outer circle. Many of

those wounded and taken prisoners, and others who were prisoners and

not wounded, were fired upon by their captors and by citizens. The

wounded were stabbed while lying on the ground, and their heads

beaten with brickbats. In the yard of the building, whither some of

the colored men had escaped and partially secreted themselves, they

were fired upon and killed or wounded by policemen. Some were killed

and wounded several squares from the scene. Members of the

convention were wounded by the police while in their hands as

prisoners, some of them mortally.

"The immediate cause of this terrible affair was the assemblage of

this Convention; the remote cause was the bitter and antagonistic

feeling which has been growing in this community since the advent of

the present Mayor, who, in the organization of his police force,

selected many desperate men, and some of them known murderers.

People of clear views were overawed by want of confidence in the

Mayor, and fear of the thugs, many of which he had selected for his

police force. I have frequently been spoken to by prominent citizens

on this subject, and have heard them express fear, and want of

confidence in Mayor Monroe. Ever since the intimation of this last

convention movement I must condemn the course of several of the city

papers for supporting, by their articles, the bitter feeling of bad

men. As to the merciless manner in which the convention was broken

up, I feel obliged to confess strong repugnance.

"It is useless to disguise the hostility that exists on the part of a

great many here toward Northern men, and this unfortunate affair has

so precipitated matters that there is now a test of what shall be the

status of Northern men--whether they can live here without being in

constant dread or not, whether they can be protected in life and

property, and have justice in the courts. If this matter is

permitted to pass over without a thorough and determined prosecution

of those engaged in it, we may look out for frequent scenes of the

same kind, not only here, but in other places. No steps have as yet

been taken by the civil authorities to arrest citizens who were

engaged in this massacre, or policemen who perpetrated such

cruelties. The members of the convention have been indicted by the

grand jury, and many of them arrested and held to bail. As to

whether the civil authorities can mete out ample justice to the

guilty parties on both sides, I must say it is my opinion,

unequivocally, that they cannot. Judge Abell, whose course I have

closely watched for nearly a year, I now consider one of the most

dangerous men that we have here to the peace and quiet of the city.

The leading men of the convention--King, Cutler, Hahn, and others

--have been political agitators, and are bad men. I regret to say that

the course of Governor Wells has been vacillating, and that during the

late trouble he has shown very little of the man.

"P. H. SHERIDAN,

"Major-General Commanding."

Subsequently a military commission investigated the subject of the

riot, taking a great deal of testimony. The commission substantially

confirmed the conclusions given in my despatches, and still later

there was an investigation by a select committee of the House of

Representatives, of which the Honorables Samuel Shellabarger, of

Ohio, H. L. Elliot, of Massachusetts, and B. M. Boyer, of

Pennsylvania, were the members. The majority report of the committee

also corroborated, in all essentials, my reports of the distressing

occurrence. The committee likewise called attention to a violent

speech made by Mr. Johnson at St. Louis in September, 1866, charging

the origin of the riot to Congress, and went on to say of the speech

that "it was an unwarranted and unjust expression of hostile feeling,

without pretext or foundation in fact." A list of the killed and

wounded was embraced in the committee's report, and among other

conclusions reached were the following: "That the meeting of July 30

was a meeting of quiet citizens, who came together without arms and

with intent peaceably to discuss questions of public concern....

There has been no occasion during our National history when a riot

has occurred so destitute of justifiable cause, resulting in a

massacre so inhuman and fiend-like, as that which took place at New

Orleans on the 30th of July last. This riotous attack upon the

convention, with its terrible results of massacre and murder, was not

an accident. It was the determined purpose of the mayor of the city

of New Orleans to break up this convention by armed force."

The statement is also made, that, "He [the President] knew that

'rebels' and 'thugs' and disloyal men had controlled the election of

Mayor Monroe, and that such men composed chiefly his police force."

The committee held that no legal government existed in Louisiana, and

recommended the temporary establishment of a provisional government

therein; the report concluding that "in the meantime the safety of

all Union men within the State demands that such government be formed

for their protection, for the well being of the nation and the

permanent peace of the Republic."

The New Orleans riot agitated the whole country, and the official and

other reports served to intensify and concentrate the opposition to

President Johnson's policy of reconstruction, a policy resting

exclusively on and inspired solely by the executive authority--for it

was made plain, by his language and his acts, that he was seeking to

rehabilitate the seceded States under conditions differing not a whit

from those existing before the rebellion; that is to say, without the

slightest constitutional provision regarding the status of the

emancipated slaves, and with no assurances of protection for men who

had remained loyal in the war.

In December, 1866, Congress took hold of the subject with such vigor

as to promise relief from all these perplexing disorders, and, after

much investigation and a great deal of debate, there resulted the

so-called "Reconstruction Laws," which, for a clear understanding of

the powers conferred on the military commanders, I deem best to append

in full:

AN ACT to provide for the more efficient government of the rebel

States.

WHEREAS, no legal State governments or adequate protection for life

or property now exist in the rebel States of Virginia, North

Carolina, South Carolina, Georgia, Mississippi, Alabama, Louisiana,

Florida, Texas, and Arkansas; and whereas, it is necessary that peace

and good order should be enforced in said States until loyal and

republican State governments can be legally established; therefore,

BE IT ENACTED by the Senate and House of Representatives of the

United States of America in Congress assembled, That said rebel

States shall be divided into military districts and made subject to

the military authority of the United States as hereinafter

prescribed; and for that purpose Virginia shall constitute the first

district; North Carolina and South Carolina, the second district;

Georgia, Alabama, and Florida, the third district; Mississippi and

Arkansas, the fourth district; and Louisiana and Texas, the fifth

district.

SEC. 2. And be it further enacted, That it shall be the duty of the

President to assign to the command of each of said districts an

officer of the army not below the rank of brigadier-general, and to

detail a sufficient military force to enable such officer to perform

his duties and enforce his authority within the district to which he

is assigned.

SEC. 3. And be it further enacted, That it shall be the duty of each

officer assigned as aforesaid to protect all persons in their rights

of person and property, to suppress insurrection, disorder, and

violence, and to punish, or cause to be punished, all disturbers of

the public peace and criminals, and to this end he may allow local

civil tribunals to take jurisdiction of and to try offenders, or,

when in his judgment it may be necessary for the trial of offenders,

he shall have power to organize military commissions or tribunals for

that purpose, and all interference, under cover of State authority,

with the exercise of military authority under this act, shall be null

and void.

SEC. 4. And be it further enacted, That all persons put under

military arrest by virtue of this act shall be tried without

unnecessary delay, and no cruel or unjust punishment shall be

inflicted; and no sentence of any military commission or tribunal

hereby authorized affecting the life or liberty of any person, shall

be executed until it is approved by the officer in command of the

district; and the laws and regulations for the government of the army

shall not be affected by this act except in so far as they conflict

with its provisions: Provided, That no sentence of death, under the

provisions of this act, shall be carried into effect without the

approval of the President.

SEC. 5. And be it further enacted, That when the people of any one of

said rebel States shall have formed a constitution of government in

conformity with the Constitution of the United States in all

respects, framed by a convention of delegates elected by the male

citizens of said State twenty-one years old and upward, of whatever

race, color, or previous condition, who have been resident in said

State for one year previous to the day of such election, except such

as may be disfranchised for participation in the rebellion, or for

felony at common law; and when such constitution shall provide that

the elective franchise shall be enjoyed by all such persons as have

the qualifications herein stated for electors of delegates; and when

such constitution shall be ratified by a majority of the persons

voting on the question of ratification who are qualified as electors

for delegates, and when such constitution shall have been submitted

to Congress for examination and approval, and Congress shall have

approved the same; and when said State, by a vote of its legislature

elected under said constitution, shall have adopted the amendment to

the Constitution of the United States proposed by the Thirty-ninth

Congress, and known as article fourteen; and when said article shall

have become a part of the Constitution of the United States, said

State shall be declared entitled to representation in Congress, and

senators and representatives shall be admitted therefrom on their

taking the oath prescribed by law; and then and thereafter the

preceding sections of this act shall be inoperative in said State:

Provided, That no person excluded from the privilege of holding

office by said proposed amendment to the Constitution of the United

States shall be eligible to election as a member of the convention to

frame a constitution for any of said rebel States, nor shall any such

person vote for members of such convention.

SEC. 6. And be it further enacted, That until the people of said

rebel States shall be by law admitted to representation in the

Congress of the United States, any civil government which may exist

therein shall be deemed provisional only, and in all respects subject

to the paramount authority of the United States at any time to

abolish, modify, control, or supersede the same; and in all elections

to any office under such provisional governments all persons shall be

entitled to vote, and none others, who are entitled to vote under the

fifth section of this act; and no person shall be eligible to any

office under any such provisional governments who would be

disqualified from holding office under the provisions of the third

article of said constitutional amendment.

SCHUYLER COLFAX,

Speaker of the House of Representatives.

LAFAYETTE S. FOSTER,

President of the Senate pro tempore.

AN ACT supplementary to an act entitled "An act to provide for the

more efficient government of the rebel States," passed March second,

eighteen hundred and sixty-seven, and to facilitate restoration.

Be it enacted by the Senate and House of Representatives of the

United States of America in Congress assembled, That before the first

day of September, eighteen hundred and sixty-seven, the commanding

general in each district defined by an act entitled "An act to

provide for the more efficient government of the rebel States,"

passed March second, eighteen hundred and sixty-seven, shall cause a

registration to be made of the male citizens of the United States,

twenty-one years of age and upwards, resident in each county or

parish in the State or States included in his district, which

registration shall include only those persons who are qualified to

vote for delegates by the act aforesaid, and who shall have taken and

subscribed the following oath or affirmation: "I,------, do

solemnly swear (or affirm), in the presence of the Almighty God, that

I am a citizen of the State of ---------; that I have resided in said

State for----- months next preceding this day, and now reside in the

county of -------, or the parish of --------, in said State, (as the

case may be); that I am twenty-one years old; that I have not been

disfranchised for participation in any rebellion or civil war against

the United States, nor for felony committed against the laws of any

State or of the United States; that I have never been a member of any

State Legislature, nor held any executive or judicial office in any

State, and afterwards engaged in insurrection or rebellion against

the United States, or given aid or comfort to the enemies thereof;

that I have never taken an oath as a member of Congress of the United

States, or as an officer of the United States, or as a member of any

State Legislature, or as an executive or judicial officer of any

State, to support the constitution of the United States, and

afterwards engaged in insurrection or rebellion against the United

States or given aid or comfort to the enemies thereof; that I will

faithfully support the Constitution and obey the laws of the United

States, and will, to the best of my ability, encourage others so to

do: so help me God."; which oath or affirmation may be administered

by any registering officer.

SEC. 2. And be it further enacted, That after the completion of the

registration hereby provided for in any State, at such time and

places therein as the commanding general shall appoint and direct, of

which at least thirty days' public notice shall be given, an election

shall be held of delegates to a convention for the purpose of

establishing a constitution and civil government for such State loyal

to the Union, said convention in each State, except Virginia, to

consist of the same number of members as the most numerous branch of

the State Legislature of such State in the year eighteen hundred and

sixty, to be apportioned among the several districts, counties, or

parishes of such State by the commanding general, giving each

representation in the ratio of voters registered as aforesaid as

nearly as may be. The convention in Virginia shall consist of the

same number of members as represented the territory now constituting

Virginia in the most numerous branch of the Legislature of said State

in the year eighteen hundred and sixty, to be apportioned as

aforesaid.

SEC. 3. And be it further enacted, That at said election the

registered voters of each State shall vote for or against a

convention to form a constitution therefor under this act. Those

voting in favor of such a convention shall have written or printed on

the ballots by which they vote for delegates, as aforesaid, the words

"For a convention," and those voting against such a convention shall

have written or printed on such ballot the words "Against a

convention." The persons appointed to superintend said election, and

to make return of the votes given thereat, as herein provided, shall

count and make return of the votes given for and against a

convention; and the commanding general to whom the same shall have

been returned shall ascertain and declare the total vote in each

State for and against a convention. If a majority of the votes given

on that question shall be for a convention, then such convention

shall be held as hereinafter provided; but if a majority of said

votes shall, be against a convention, then no such convention shall

be held under this act: Provided, That such convention shall not be

held unless a majority of all such registered voters shall have voted

on the question of holding such convention.

SEC. 4. And be it further enacted, That the commanding general of

each district shall appoint as many boards of registration as may be

necessary, consisting of three loyal officers or persons, to make and

complete the registration, superintend the election, and make return

to him of the votes, list of voters, and of the persons elected as

delegates by a plurality of the votes cast at said election; and upon

receiving said returns he shall open the same, ascertain the persons

elected as delegates, according to the returns of the officers who

conducted said election, and make proclamation thereof; and if a

majority of the votes given on that question shall be for a

convention, the commanding general, within sixty days from the date

of election, shall notify the delegates to assemble in convention, at

a time and place to be mentioned in the notification, and said

convention, when organized, shall proceed to frame a constitution and

civil government according to the provisions of this act, and the act

to which it is supplementary; and when the same shall have been so

framed, said constitution shall be submitted by the convention for

ratification to the persons registered under the provisions of this

act at an election to be conducted by the officers or persons

appointed or to be appointed by the commanding general, as

hereinbefore provided, and to be held after the expiration of thirty

days from the date of notice thereof, to be given by said convention;

and the returns thereof shall be made to the commanding general of

the district.

SEC. 5. And be it further enacted, That if, according to said

returns, the constitution shall be ratified by a majority of the

votes of the registered electors qualified as herein specified, cast

at said election, at least one-half of all the registered voters

voting upon the question of such ratification, the president of the

convention shall transmit a copy of the same, duly certified, to the

President of the United States, who shall forthwith transmit the same

to Congress, if then in session, and if not in session, then

immediately upon its next assembling; and if it shall moreover appear

to Congress that the election was one at which all the registered and

qualified electors in the State had an opportunity to vote freely,

and without restraint, fear, or the influence of fraud, and if the

Congress shall be satisfied that such constitution meets the approval

of a majority of all the qualified electors in the State, and if the

said constitution shall be declared by Congress to be in conformity

with the provisions of the act to which this is supplementary, and

the other provisions of said act shall have been complied with, and

the said constitution shall be approved by Congress, the State shall

be declared entitled to representation, and senators and

representatives shall be admitted therefrom as therein provided.

SEC. 6. And be it further enacted, That all elections in the States

mentioned in the said "Act to provide for the more efficient

government of the rebel States" shall, during the operation of said

act, be by ballot; and all officers making the said registration of

voters and conducting said elections, shall, before entering upon the

discharge of their duties, take and subscribe the oath prescribed by

the act approved July second, eighteen hundred and sixty-two,

entitled "An act to prescribe an oath of office": Provided, That if

any person shall knowingly and falsely take and subscribe any oath in

this act prescribed, such person so offending and being thereof duly

convicted, shall be subject to the pains, penalties, and disabilities

which by law are provided for the punishment of the crime of wilful

and corrupt perjury.

SEC. 7. And be if further enacted, That all expenses incurred by the

several commanding generals, or by virtue of any orders issued, or

appointments made, by them, under or by virtue of this act, shall be

paid out of any moneys in the treasury not otherwise appropriated.

SEC. 8. And be it further enacted, That the convention for each State

shall prescribe the fees, salary, and compensation to be paid to all

delegates and other officers and agents herein authorized or

necessary to carry into effect the purposes of this act not herein

otherwise provided for, and shall provide for the levy and collection

of such taxes on the property in such State as may be necessary to

pay the same.

SEC. 9. And be it further enacted, That the word "article," in the

sixth section of the act to which this is supplementary, shall be

construed to mean, "section."

SCHUYLER COLFAX,

Speaker of the House of Representatives.

B. F. WADE,

President of the Senate pro tempore.

CHAPTER XI.

PASSAGE OF THE RECONSTRUCTION ACT OVER THE PRESIDENT'S VETO--PLACED

IN COMMAND OF THE FIFTH MILITARY DISTRICT--REMOVING OFFICERS--MY

REASONS FOR SUCH ACTION--AFFAIRS IN LOUISIANA AND TEXAS--REMOVAL OF

GOVERNOR WELLS--REVISION OF THE JURY LISTS--RELIEVED FROM THE COMMAND

OF THE FIFTH MILITARY DISTRICT.

The first of the Reconstruction laws was passed March 2, 1867, and

though vetoed by the President, such was the unanimity of loyal

sentiment and the urgency demanding the measure, that the bill became

a law over the veto the day the President returned it to Congress.

March the 11th this law was published in General Orders No. 10, from

the Headquarters of the Army, the same order assigning certain

officers to take charge of the five military districts into which the

States lately in rebellion were subdivided, I being announced as the

commander of the Fifth Military District, which embraced Louisiana

and Texas, a territory that had formed the main portion of my command

since the close of the war.

Between the date of the Act and that of my assignment, the Louisiana

Legislature, then in special session, had rejected a proposed repeal

of an Act it had previously passed providing for an election of

certain municipal officers in New Orleans. This election was set for

March 11, but the mayor and the chief of police, together with

General Mower, commanding the troops in the city, having expressed to

me personally their fears that the public peace would be disturbed by

the election, I, in this emergency, though not yet assigned to the

district, assuming the authority which the Act conferred on district

commanders, declared that the election should not take place; that no

polls should be opened on the day fixed; and that the whole matter

would stand postponed till the district commander should be

appointed, or special instructions be had. This, my first official

act under the Reconstruction laws, was rendered necessary by the

course of a body of obstructionists, who had already begun to give

unequivocal indications of their intention to ignore the laws of

Congress.

A copy of the order embodying the Reconstruction law, together with

my assignment, having reached me a few days after, I regularly

assumed control of the Fifth Military District on March 19, by an

order wherein I declared the State and municipal governments of the

district to be provisional only, and, under the provisions of the

sixth section of the Act, subject to be controlled, modified,

superseded, or abolished. I also announced that no removals from

office would be made unless the incumbents failed to carry out the

provisions of the law or impeded reorganization, or unless willful

delays should necessitate a change, and added: "Pending the

reorganization, it is, desirable and intended to create as little

disturbance in the machinery of the various branches of the

provisional governments as possible, consistent with the law of

Congress and its successful execution, but this condition is

dependent upon the disposition shown by the people, and upon the

length of time required for reorganization."

Under these limitations Louisiana and Texas retained their former

designations as military districts, the officers in command

exercising their military powers as heretofore. In addition, these

officers were to carry out in their respective commands all

provisions of the law except those specially requiring the action of

the district commander, and in cases of removals from and appointment

to office.

In the course of legislation the first Reconstruction act, as I have

heretofore noted, had been vetoed. On the very day of the veto,

however, despite the President's adverse action, it passed each House

of Congress by such an overwhelming majority as not only to give it

the effect of law, but to prove clearly that the plan of

reconstruction presented was, beyond question, the policy endorsed by

the people of the country. It was, therefore, my determination to

see to the law's zealous execution in my district, though I felt

certain that the President would endeavor to embarrass me by every

means in his power, not only on account of his pronounced personal

hostility, but also because of his determination not to execute but

to obstruct the measures enacted by Congress.

Having come to this conclusion, I laid down, as a rule for my

guidance, the principle of non-interference with the provisional

State governments, and though many appeals were made to have me

rescind rulings of the courts, or interpose to forestall some

presupposed action to be taken by them, my invariable reply was that

I would not take cognizance of such matters, except in cases of

absolute necessity. The same policy was announced also in reference

to municipal affairs throughout the district, so long as the action

of the local officers did not conflict with the law.