CHAPTER XXI

FAREWELL TO WEST VIRGINIA--BURNSIDE IN THE DEPARTMENT OF THE OHIO

Desire for field service--Changes in the Army of the

Potomac--Judgment of McClellan at that time--Our defective

knowledge--Changes in West Virginia--Errors in new

organization--Embarrassments resulting--Visit to General

Schenck--New orders from Washington--Sent to Ohio to administer the

draft--Burnside at head of the department--District of

Ohio--Headquarters at Cincinnati--Cordial relations of Governor Tod

with the military authorities--System of enrolment and

draft--Administration by Colonel Fry--Decay of the veteran

regiments--Bounty-jumping--Effects on political parties--Soldiers

voting--Burnside's military plans--East Tennessee--Rosecrans aiming

at Chattanooga--Burnside's business habits--His frankness--Stories

about him--His personal characteristics--Cincinnati as a border

city--Rebel sympathizers--Order No. 38--Challenged by

Vallandigham--The order not a new departure--Lincoln's

proclamation--General Wright's circular.

My purpose to get into active field service had not slept, and soon

after the establishment of a winter organization in the district, I

had applied to be ordered to other duty. My fixed conviction that no

useful military movements could be made across the mountain region

implied that the garrisons of West Virginia should be reduced to a

minimum and confined to the duty of defending the frontier of the

new State. The rest of the troops might properly be added to the

active columns in the field. McClellan had been relieved of command

whilst I was conducting active operations in the Kanawha valley, and

Burnside suffered his repulse at Fredericksburg within a few days

after I was directed to make my headquarters at Marietta and perfect

the organization of the district. I was therefore at a loss to

choose where I would serve, even if I had been given _carte blanche_

to determine my own work. Enough was known of the reasons for the

President's dissatisfaction with McClellan to make me admit that the

change of command was an apparent necessity, yet much was unknown,

and the full strength of the President's case was not revealed till

the war was over. My personal friendship for McClellan remained

warm, and I felt sure that Hooker as a commander would be a long

step downward. In private I did not hesitate to express the wish

that McClellan should still be intrusted with the command of the

Potomac army, that it should be strongly reinforced, and that by

constant pressure upon its commander his indecision of character

might be overcome. Those who were near to McClellan believed that he

was learning greater self-confidence, for the Antietam campaign

seemed a decided improvement on that of the Chickahominy. The event,

in great measure, justified this opinion, for it was not till Grant

took command a year later that any leadership superior to

McClellan's was developed. Yet it must be confessed that we did not

know half the discouragements that were weighing upon the President

and his Secretary of War, and which made the inertia of the Eastern

army demand a desperate remedy.

My personal affairs drifted in this way: the contest over the lists

of promotions, of which I knew next to nothing, prevented any action

on the request for a change of duty, and the close of the session of

Congress brought the official notice that the promotion had expired

by legal limitation. [Footnote: March 24th; received the 30th.] The

first effect was naturally depressing, and it took a little time and

some philosophy to overcome it; but the war was not ended yet, and

reflection made the path of duty appear to be in the line of

continued active service.

To form a new department for General Schenck, West Virginia was

detached from the Department of the Ohio and annexed to Maryland.

[Footnote: Official Records, vol. xxv. pt. ii. p. 145.] This was a

mistake from a military point of view, for not only must the posts

near the mountains be supplied and reinforced from the Ohio as their

base, toward which would also be the line of retreat if retreat were

necessary, but the frequent advances of the Confederate forces,

through the Shenandoah valley to the Potomac, always separated the

West from any connection with Baltimore, and made it impossible for

an officer stationed there (as General Schenck was) to direct

affairs in the western district at the very time of greatest

necessity.

Another important fact was overlooked. The river counties of Ohio

formed part of the district, and the depots on the river were

supplied from Cincinnati. Not only was Gallipolis thus put in

another department from the posts directly dependent on that depot

as a base of supplies and the principal station for hospitals, but

the new boundary line left me, personally, and my headquarters in

the Department of the Ohio. I at once called the attention of the

War Department to these results, sending my communication in the

first instance through General Wright. He was in the same boat with

myself, for his rank had also been reduced on the 4th of March, but

he thought the intention must have been to transfer me with the

district to the Eastern Department. On this I wrote to Washington

direct, asking for definite orders. I also wrote to General Schenck,

telling him of General Wright's supposition that I was transferred

with the district, and inquiring if he had any definite decision of

the question. [Footnote: _Id_., pp. 159, 160.]

About the 3d of April I was directed to report in person to General

Schenck at Baltimore, [Footnote: _Id_., p. 175.] and reached that

city on the 4th. My relations with General Schenck had been,

personally, cordial, and our friendship continued till his death,

many years after the war. Whatever plans he may have had were set

aside by orders from Washington, which met me at his headquarters,

ordering me to report at Columbus, Ohio, to assist the governor in

organizing the troops to be called out under the new enrolment and

conscription law. This was accompanied by the assurance that this

duty would be but temporary, and that my desire to be assigned to

active field duty would then be favorably considered. It is not

improbable that my report on army organization, which has been

mentioned, had something to do with this assignment; but I did not

ask permission to visit Washington, though within a couple of hours'

ride of the capital, and hastened back to my assigned post. Besides

my wish to cut my connection with West Virginia on general military

theories of its insignificance as a theatre of war, my stay there

would have been intolerable, since General Milroy, in whose judgment

I had less confidence than in that of any of my other subordinates,

was, by the curious outcome of the winter's promotions, the one of

all others who had been put over my head. I could not then foresee

the cost the country would pay for this in the next summer's

campaign in the Shenandoah, but every instinct urged me to sever a

connection which could bode no good. The reasonableness of my

objection to serving as a subordinate where I had been in command

was recognized, and the arrangement actually made was as acceptable

as anything except a division in an active army.

It greatly added to my contentment to learn that General Burnside

had been ordered to the Department of the Ohio, and would be my

immediate superior. I hastened back to Marietta, closed up the

business pending there, and went to Columbus on the 9th of April.

The arrangement between Governor Tod and General Burnside proved to

be the formation of the Military District of Ohio, including the

whole State. I was placed in command of this district, reporting

directly to the general, who himself conferred with the governor. My

own relations to my superiors were thus made strictly military,

which was a much pleasanter thing for me than direct connection with

the civil authorities would be; for this involved a danger of

cross-purposes and conflicting orders. Brigadier-General John S.

Mason, an excellent officer, was ordered to report to me as my

immediate subordinate in command of the camps and the post at

Columbus, and before the end of the month Burnside directed me to

fix my own headquarters at Cincinnati, where I could be in constant

communication with himself. All this was done with the most cordial

understanding between Burnside and the governor. Indeed, nothing

could be more perfect than the genial and reasonable tone of

Governor Tod's intercourse with the military officers stationed in

Ohio.

My duties under the Enrolment Act turned out to be very slight. The

Act (passed March 3, 1863) made, in general, each congressional

district an enrolment district under charge of a provost-marshal

with the rank of captain. A deputy provost-marshal supervised the

enrolment and draft for the State, and the whole was under the

control of the provost-marshal-general at Washington, Colonel James

B. Fry. The law provided for classification of all citizens capable

of military duty between the ages of twenty and forty-five, so as to

call out first the unmarried men and those not having families

dependent on them. The exemptions on account of physical defects

were submitted to a board of three, of which the local

provost-marshal was chairman, and one was a medical man. Substitutes

might be accepted in the place of drafted men, or a payment of three

hundred dollars would be taken in place of personal service, that

sum being thought sufficient to secure a voluntary recruit by the

government. The principal effect of this provision was to establish

a current market price for substitutes.

The general provisions of the law for the drafting were wise and

well matured, and the rules for the subordinate details were well

digested and admirably administered by Colonel Fry and his bureau.

It was a delicate and difficult task, but it was carried out with

such patience, honesty, and thoroughness that nothing better could

be done than copy it, if a future necessity for like work should

arise. There was no good ground for complaint, and in those cases

where, as in New York, hostile political leaders raised the cry of

unfairness and provoked collision between the mob and the National

authorities, the victims were proved to be the dupes of ignorance

and malice. The administration of the law was thoroughly vindicated,

and if there were to be a draft at all, it could not be more fairly

and justly enforced.

There was room for difference of opinion as to some of the

provisions of the law regarding exemption and substitution, but the

most serious question was raised by the section which applied to old

regiments and which had nothing to do with the enrolment and draft.

This section directed that when regiments had become reduced in

numbers by any cause, the officers of the regiment should be

proportionately diminished. As new regiments were still received and

credited upon the State's liability under the draft, it of course

resulted that the old regiments continued to decay. A public

sentiment had been created which looked upon the draft as a

disgrace, and the most extraordinary efforts were made to escape it.

Extra bounties for volunteering were paid by counties and towns, and

the combination of influences was so powerful that it was successful

in most localities, and very few men were actually put in the ranks

by the draft.

The offer of extra bounties to induce volunteering brought into

existence "bounty-jumping," a new crime analogous to that of

"repeating" at elections. A man would enlist and receive the bounty,

frequently several hundred dollars, but varying somewhat in

different places and periods. He would take an early opportunity to

desert, as he had intended to do from the first. Changing his name,

he would go to some new locality and enlist again, repeating the

fraud as often as he could escape detection. The urgency to get

recruits and forward them at once to the field, and the wide country

which was open to recruiting, made the risk of punishment very

small. Occasionally one was caught, and he would of course be liable

to punishment as a deserter. The final report of the

provost-marshal-general mentions the case of a criminal in the

Albany penitentiary, New York, who confessed that he had "jumped the

bounty" thirty-two times. [Footnote: Provost-Marshal-General's

Report, p. 153.]

Another evil incidental to the excessive stimulus of volunteering

was a political one, which threatened serious results. It deranged

the natural political balance of the country by sending the most

patriotic young men to the field, and thus giving an undue power to

the disaffected and to the opponents of the administration. This led

to the State laws for allowing the soldiers to vote wherever they

might be, their votes being certified and sent home. In its very

nature this was a makeshift and a very dubious expedient to cure the

mischief. It would not have been necessary if we had had at an early

day a system of recruiting that would have drawn more evenly from

different classes into the common service of the country.

The military officers of the department and district had nothing to

do with the enrolment and drafting, unless resistance to the

provost-marshals should make military support for these officers

necessary. We had hoped to have large camps of recruits to be

organized and instructed, but the numbers actually drafted in Ohio,

in 1863, were insignificant, for reasons already stated. Three or

four very small post garrisons were the only forces at my command,

and these were reduced to the minimum necessary to guard the prison

camps and the depots of recruiting and supply.

General Burnside had not come West with a purpose to content himself

with the retiracy of a department out of the theatre of actual war.

His department included eastern Kentucky, and afforded a base for

operations in the direction of East Tennessee. Mr. Lincoln had never

lost his eagerness and zeal to give assistance to the loyal

mountaineers, and had arranged with Burnside a plan of co-operation

with Rosecrans by which the former should move from Lexington, Ky.,

upon Knoxville, whilst the latter marched from Murfreesboro, Tenn.,

upon Chattanooga. This was better than the impracticable plan of

1861, which aimed at the occupation of East Tennessee before

Chattanooga had been taken, and the task was at last accomplished by

the method now used. It was by no means the best or most economical

method, which would have been to have but one strong army till

Chattanooga were firmly in our hands, and then direct a subordinate

column upon the upper Holston valley. It was utterly impossible to

keep up a line of supply for an army in East Tennessee by the wagon

roads over the mountains. The railroad through Chattanooga was

indispensable for this purpose. But Mr. Lincoln had not fully

appreciated this, and was discontented that both Buell and Rosecrans

had in turn paid little attention, as it seemed, to his desire to

make the liberation of East Tennessee the primary and immediate aim

of their campaigns. He had therefore determined to show his own

faith in Burnside, and his approval of the man, by giving him a

small but active army in the field, and to carry out his cherished

purpose by having it march directly over the Cumberland Mountains,

whilst Rosecrans was allowed to carry out the plan on which the

commanders of the Cumberland army seemed, in the President's

opinion, too stubbornly bent.

Burnside's old corps, the Ninth, was taken from the Army of the

Potomac and sent to Kentucky, and a new corps, to be called the

Twenty-third, was soon authorized, to contain the Tennessee

regiments which had been in General Morgan's command, and two

divisions made up of new regiments organized in Ohio, Indiana, and

Illinois under the last call for volunteers. To these were added

several Kentucky regiments of different ages in service. General

Parke, so long Burnside's chief of staff, was to command the Ninth

Corps, and Major-General George L. Hartsuff was assigned to the

Twenty-third. In a former chapter I have spoken of Hartsuff's

abilities as a staff officer in West Virginia. [Footnote: Chap, vi.,

_ante_.] His qualities as a general officer had not been tried. He

was wounded at the beginning of the engagement at Antietam, where he

commanded a brigade in Hooker's corps. [Footnote: Chap, xv.,

_ante_.] That was his first service under his appointment as

brigadier, and he had necessarily been out of the field since that

time. My own expectation was that he would make an excellent

reputation as a corps commander, but it was not his fortune to see

much continuous field service. His health was seriously affected by

his wounds, and after a short trial of active campaigning he was

obliged to seek more quiet employment.

The establishment of my headquarters at Cincinnati threw me once

more into close personal relations with Burnside, and enabled me to

learn his character more intimately. His adjutant-general's office

was on East Fourth Street, and most of the routine work was done

there. The general had his own quarters on Ninth Street, where he

had also an office for himself and his aides-de-camp. My own office

and the official headquarters of the district were on Broadway below

Fourth, in the house now occupied by the Natural History Society.

There was thus near half a mile between us, though I was but a

little way from the adjutant-general of the department, through

whose office my regular business with the general went. Burnside,

however, loved to discuss department affairs informally, and with

the perfect freedom of unrestrained social intercourse. When he gave

his confidence he gave it without reserve, and encouraged the

fullest and freest criticism of his own plans and purposes. His

decisions would then be put in official form by the proper officers

of the staff, and would be transmitted, though I was nearly always

personally aware of what was to be ordered before the formal papers

reached me. He had very little pride of opinion, and was perfectly

candid in weighing whatever was contrary to his predilections; yet

he was not systematic in his business methods, and was quite apt to

decide first and discuss afterward. He never found fault with a

subordinate for assuming responsibility or acting without orders,

provided he was assured of his earnest good purpose in doing so. In

such cases he would assume the responsibility for what was done as

cheerfully as if he had given the order. In like manner he was

careless of forms himself, in doing whatever seemed necessary or

proper, and might pass by intermediate officers to reach immediately

the persons who were to act or the things to be done. There was no

intentional slight to any one in this: it was only a characteristic

carelessness of routine. Martinets would be exasperated by it, and

would be pretty sure to quarrel with him. No doubt it was a bad

business method, and had its mischiefs and inconveniences. A story

used to go the rounds a little later that soldiers belonging to the

little army in East Tennessee were sometimes arrested at their homes

and sent back as deserters, when they would produce a furlough

written by Burnside on a leaf of his pocket memorandum-book, which,

as they said, had been given by him after hearing a pitiful story

which moved his sympathies. Such inventions were a kind of popular

recognition of his well-known neglect of forms, as well as of his

kind heart. There was an older story about him, to the effect that,

when a lieutenant in the army, he had been made post-quartermaster

at some little frontier garrison, and that his accounts and returns

got into such confusion that after several pretty sharp reminders

the quartermaster-general notified him, as a final terror, that he

would send a special officer and subject him and his papers to a

severe scrutiny. As the story ran, Burnside, in transparent honesty,

wrote a cordial letter of thanks in reply, saying it was just what

he desired, as he had been trying hard to make his accounts up, but

had to confess he could do nothing with them, but was sure such an

expert would straighten them. In my own service under him I often

found occasion to supply the formal links in the official chain, so

that business would move on according to "regulations;" but any

trouble that was made in this way was much more than compensated by

the generous trust with which he allowed his name and authority to

be used when prompt action would serve the greater ends in view.

My habit was to go to his private quarters on Ninth Street, when the

regular business of the day was over, and there get the military

news and confer with him on pending or prospective business

affecting my own district. His attractive personality made him the

centre of a good deal of society, and business would drop into the

background till late in the evening, when his guests voluntarily

departed. Then, perhaps after midnight, he would take up the arrears

of work and dictate letters, orders, and dispatches, turning night

into day. It not unfrequently happened that after making my usual

official call in the afternoon, I had gone to my quarters and to bed

at my usual hour, when I would be roused by an orderly from the

general begging that I would come up and consult with him on some

matter of neglected business. He was always bright and clear in

those late hours, and when he buckled to work, rapidly disposed of

it.

He did not indulge much in retrospect, and rarely referred to his

misfortunes in the Army of the Potomac. On one or two occasions he

discussed his Fredericksburg campaign with me. The delay in sending

pontoons from Washington to Falmouth, which gave Lee time to

concentrate at Fredericksburg, he reasonably argued, was the fault

of the military authorities at Washington; but I could easily see

that if his supervision of business had been more rigidly

systematic, he would have made sure that he was not to be

disappointed in his means of crossing the Rappahannock promptly. As

to the battle itself he steadily insisted that the advance of

Meade's division proved that if all the left wing had acted with

equal vigor and promptness, Marye's heights would have been turned

and carried. It is due to him to repeat that in such discussions his

judgment of men and their motives was always kind and charitable. I

never heard him say anything bitter, even of those whom I knew he

distrusted.

At the time I am speaking of, Cincinnati was in a curious political

and social condition. The advance through Kentucky of Bragg and

Kirby Smith in the preceding year had made it a centre for "rebel

sympathizers." The fact that a Confederate army had approached the

hills that bordered the river had revived the hopes and the

confidence of many who, while wishing success to the Southern cause,

had done so in a vague and distant way. Now it seemed nearer to

them, and the stimulus to personal activity was greater. There was

always, in the city, a considerable and influential body of business

men who were of Southern families; and besides this, the trade

connections with the South, and the personal alliances by marriage,

made a ground of sympathy which had noticeable effects. There were

two camps in the community, pretty distinctly defined, as there were

in Kentucky. The loyal were ardently and intensely so. The disloyal

were bitter and not always restrained by common prudence. A good

many Southern women, refugees from the theatre of active war, were

very open in their defiance of the government, and in their efforts

to aid the Southern armies by being the bearers of intelligence. The

"contraband mail" was notoriously a large and active one.

Burnside had been impressed with this condition of things from the

day he assumed command. His predecessor had struggled with it

without satisfactory results. It was, doubtless, impossible to do

more than diminish and restrain the evil, which was the most

annoying of the smaller troubles attending the anomalous

half-military and half-civil government of the department. Within

three weeks from his arrival in Cincinnati, Burnside was so

convinced of the widespread and multiform activity of the disloyal

element that he tried to subdue it by the publication of his famous

General Order No. 38. The reading of the order gives a fair idea of

the hostile influences he found at work, for of every class named by

him there were numerous examples.

[Footnote: The text of the order is as follows:

"General Orders.

No. 38.

HEADQUARTERS DEPARTMENT OF THE OHIO,

CINCINNATI, OHIO, April 13, 1863.

The commanding general publishes, for the information of all

concerned, that hereafter all persons found within our lines who

commit acts for the benefit of the enemies of our country, will be

tried as spies or traitors, and, if convicted, will suffer death.

This order includes the following classes of persons: Carriers of

secret mails; writers of letters sent by secret mails; secret

recruiting officers within the lines; persons who have entered into

an agreement to pass our lines for the purpose of joining the enemy;

persons found concealed within our lines, belonging to the service

of the enemy; and, in fact, all persons found improperly within our

lines who could give private information to the enemy; and all

persons within our lines who harbor, protect, conceal, feed, clothe,

or in any way aid the enemies of our country. The habit of declaring

sympathy for the enemy will not be allowed in this department.

Persons committing such offences will be at once arrested with a

view to being tried as above stated, or sent beyond our lines into

the lines of their friends. It must be distinctly understood that

treason, expressed or implied, will not be tolerated in this

department. All officers and soldiers are strictly charged with the

execution of this order,

By command of Major-General Burnside,

LEWIS RICHMOND,

Assistant Adjutant General."]

It was no doubt true that the Confederate authorities had constant

correspondence with people in the Northern States, and that

systematic means were used to pass information and contraband

merchandise through the lines. Quinine among drugs, and percussion

caps among ordnance stores were the things they most coveted, and

dealers in these carried on their trade under pretence of being

spies for each side in turn. But besides these who were merely

mercenary, there were men and women who were honestly fanatical in

their devotion to the Confederate cause. The women were especially

troublesome, for they often seemed to court martyrdom. They

practised on our forbearance to the last degree; for they knew our

extreme unwillingness to deal harshly with any of their sex.

Personally, I rated the value of spies and informers very low, and

my experience had made me much more prone to contempt than to fear

of them. But examples had to be made occasionally; a few men were

punished, a few women who belonged in the South were sent through

the lines, and we reduced to its lowest practical terms an evil and

nuisance which we could not wholly cure. The best remedy for these

plots and disturbances at the rear always was to keep the enemy busy

by a vigorous aggressive at the front. We kept, however, a species

of provost court pretty actively at work, and one or two officers

were assigned to judge-advocate's duty, who ran these courts under a

careful supervision to make sure that they should not fall into

indiscretions.

So long as the hand of military power was laid only on private

persons who were engaged in overt acts of giving aid and comfort to

the rebellion in the ways specified in Order No. 38, there was

little criticism. But the time came when General Burnside seemed to

be challenged by a public character of no little prominence to

enforce his order against him. The Vallandigham case became the

sensation of the day, and acquired a singular historical importance.

The noise which was made about it seemed to create a current opinion

that Burnside's action was a new departure, and that his Order No.

38 was issued wholly on his own responsibility. This was not so. In

the preceding year, and about the time of his Emancipation

Proclamation, the President had also proclaimed against treasonable

practices in very emphatic terms. He had declared that "all rebels

and insurgents, their aiders and abettors, within the United States,

and all persons discouraging volunteer enlistments, resisting

militia drafts, or guilty of any disloyal practice, affording aid

and comfort to rebels against the authority of the United States,

shall be subject to martial law and liable to trial and punishment

by courts-martial or military commission." [Footnote: Messages and

Papers of the Presidents, vol. vi. p. 98. See also Order No. 42 of

General Burbridge, commanding District of Kentucky. Official

Records, vol. xxxix. pt. ii. p. 27.]

Burnside's order was in strict accordance with this authority, and

he had no ultimate responsibility for the policy thus proclaimed. He

was simply reiterating and carrying out in his department the

declared purpose of the administration. Even in the matter of

newspaper publications, his predecessor, General Wright, had felt

obliged, upon Bragg and Kirby Smith's invasion of Kentucky, to put a

stop to treasonable editorials and to the publication of military

information likely to benefit the enemy. He issued a circular on

September 13, 1862, notifying the publishers of the Cincinnati

papers that the repetition of such offence would be immediately

followed by the suppression of the paper and the arrest and

confinement of the proprietors and writers. [Footnote: Official

Records, vol. xvi. pt. ii. p. 514. See a characteristic letter by

Sherman on this subject, _Id_., vol. xxxi. pt. i. p. 765: "Now I am

again in authority over you, and you must heed my advice. Freedom of

speech and freedom of the press, precious relics of former history,

must not be construed too largely. You must print nothing that

prejudices government or excites envy, hatred, and malice in a

community. Persons in office or out of office must not be flattered

or abused. Don't publish an account of any skirmish, battle, or

movement of an army, unless the name of the writer is given in full

and printed. I wish you success; but my first duty is to maintain

'order and harmony.'" (To editors of "Memphis Bulletin.")] It is

necessary to keep these facts in mind if we would judge fairly of

Burnside's responsibility when it was his fortune to apply the rule

to a case attracting great public attention.

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