ELDERS J. DUVAL, ISAAC ODELL AND ALLEN SISK.
_Elder James Duval_—His Own Statement—Endorsement—Minister of the
Regular Baptist Church—Arrested at Midnight—Suffered Much—Passes and
Permits—Assessment for Military Purposes—Arrest of Elder G. W.
Stout—Elder Duval again Arrested—Sent to Chillicothe—Charge, Trial
and Acquittal—Making History—Re-arrested at New Garden—Heavy Bond—In
Court for not Taking the Oath—Met others in the Same
Condemnation—_Isaac Odell_ and _Allen Sisk_ under Indictment with
Elder Duval—Estebb, the Prosecuting Attorney—Dunn & Garver for the
Defense—Baptist Church at New Garden—Trial of their Pastor, Elder
Isaac Odell, for not taking the Oath—Acquitted—Then
Convicted—Division of the Church—Troubles—Non-Fellowship.
ELDER JAMES DUVAL.
The following sketch, furnished by this venerable servant of God, will
be read with thrilling interest by the people of the State where he has
been so long and so favorably known. It is unnecessary to present, for
the people of Missouri, any endorsement of his character, but for the
benefit of others, and because his statement, herewith submitted in his
own style, involves the names and details the persecutions of others, it
may not be out of place to insert here the following paper:
“RICHMOND, RAY CO., MO., May 22, 1869.
“Elder James Duval, of this county, is a minister of the gospel of the
regular Baptist Church, and bears an unblemished character as a preacher
and a Christian gentleman.
(Signed) “GEORGE W. DUNN,
“AUSTIN A. KING,
“A. W. DONIPHAN.”
These gentlemen are all widely known, even beyond the State, and their
endorsement is sufficient to give force to every word of the following
statement. The author does not feel at liberty to either divide or
abridge the document, lest the peculiar force of the narrative, told in
his own language and style, should be marred, and the characteristics of
the persecution should be deprived of their richness of detail. Besides,
a variety of style is always pleasing to the reader.
“RICHMOND, RAY CO., MO., May, 1869.
“REV. P. M. PINCKARD: _Dear Sir_—You have asked through the _Advocate_
for information concerning the ‘persecution of ministers of the gospel
in Missouri,’ and being myself one of the unfortunately proscribed ones
by the ‘powers that be,’ I thought it just and proper that I should
contribute my mite of information, which I shall do partly from memory
and partly from records.
“I will just here state that I have now been in constant connection with
the old regular Baptist Church more than forty-five years. I joined that
people upon a profession of faith in Christ, and was baptized, April
18th, 1824, into the fellowship of the Gourdvine church, Culpepper
county, Va., by Elder James Garnet, who was then pastor of that church.
From Hardy county, Va., in the fall of 1848, I moved and settled in Ray
county, near Richmond, Mo., where I now reside, as all the old settlers
know. Since then my acts and deeds, both private and public, as a
citizen and a minister of Christ’s word, are before the public.
“I will here endeavor to give a brief detail of the troubles and
perplexities I have had with the Federal authorities.
“About the 15th of February, 1862, Captain Kelsaw, then commanding a
company of men at Knoxville, Ray county, sent a squad of soldiers at
twelve o’clock at night—as cold a night as well could be, heavy snow on
the ground—and had me arrested and taken that night to Knoxville. These
men also took from me a wagon and a pair of mules, and afterward two
good horses; still later the Federals took loads of corn and hay, for
which I have received no compensation. I arrived in Knoxville some time
before day, very much chilled, almost frozen, and had to lie the rest of
the night on the counter of an old store-room which the soldiers
occupied. The next morning, with a guard at my heels, I was allowed the
privilege of calling on a friend (Mrs. Mary Stone), when I was kindly
furnished with my breakfast.
“I was then put in charge of J. N. Henry, who was acting in some
military capacity, who safely, but in a rude and domineering manner,
conducted me to Cameron, Col. Catherwood’s headquarters. I was then held
there as a prisoner, as you will presently see, for near two weeks. It
is true that I had the privilege of boarding at the hotel and paying my
bill.
“I inquired of Colonel Catherwood what were the charges against me. He
never exhibited any. But he finally told me that I would have to give
bond to keep the peace, or something to that effect. He then allowed me
a certain number of days to return home and get security, which I did in
the given time.
“I then got my friend and neighbor, Christopher Trigg, who went with me
to Cameron, and entered into bond with me in the sum of two thousand
dollars to do certain things therein specified. Upon which I received
the following:
“‘HEADQUARTERS AT CAMERON, }
February 27th, 1862. }
“‘This is to certify that James Duval has this day subscribed to oath of
allegiance to the United States, and filed a bond, as prescribed by the
Commanding General.
E. C. CATHERWOOD,
“‘Col. Commanding M. S. M.’
“‘HEADQUARTERS AT CAMERON, }
February 27th, 1862. }
“‘This is to certify that James Duval has been released by giving bond
and taking the oath of allegiance to the United States of America, and
is entitled to citizenship and protection as such by all United States
forces, so long as he regards the same. By order.
“‘M. L. JAMES, Major Com’dg.
“I afterward obtained the following passes:
“‘RICHMOND, May 1st, 1862.
“‘Mr. James Duval has permission to go to Caldwell county to fill an
appointment of the gospel, and to Lafayette for the same purpose.
ABRAHAM ALLEN,
“‘Capt. and Provost-Marshal at Richmond, Mo.’
“‘Office Provost-Marshal, }
RICHMOND, MO., September 30th, 1862. }
“‘Permission is hereby granted to James Duval to go to Clinton and
Caldwell counties, Mo. He being exempt from military duty. Federal
soldiers will respect this pass.
W. ELLIOTT,
“‘By E. G. LOWE, Dept. Provost-Marshal.’
“Some short time after this I was assessed by a committee appointed for
that purpose a tax of eighty-eight dollars. Upon what basis or principle
this tax was levied I never learned. I failed to pay in time, and I had
a notice served on me to pay within five days or property double the
amount would be taken to satisfy this claim. This notice I failed to
save, or can not just now put my hand on it. However, I paid thirty
dollars, and have the following to show for it:
“‘RAY COUNTY, MO., Dec. 22, 1862.
“‘Received thirty dollars and — cents of James Duval, for the use of the
Ray county Enrolled Militia. Same being _in part_ the amount assessed
against him for that purpose by the committee appointed under Special
Order No. 30, dated Oct. 27, A. D. 1862, Headquarters Ray county E. M.
M.
“‘D. P. WHITMER,
“‘E. RIGGS,
“‘A. K. REYBURN,
“‘Collecting Committee.’
“Thus you see some of the unjust restrictions laid on the ministers of
Christ. When Christ says, Go ye into all the world and preach the gospel
to every creature,’ the party in power say, first obtain leave of us.
Judge ye whether it is right to obey _man_ or _God_.
“Do you not think that we have great need of faithful gospel ministers,
who will cry aloud and spare not; shew Israel his sins and Jacob his
transgression? Are not these living evidences in this day of boasted
light and knowledge of man’s blindness and corruption?
“I will here notice another evidence of blinded Christianity that came
under my personal observation. In September, 1862, when our Association
met at Crooked river, Ray county, the introductory sermon was preached,
by previous appointment, by Elder G. W. Stout, a man of most exemplary
Christian character, and held as such by his brethren, and even the
world itself honors him as such; and after the Association had
transacted its business and finally adjourned, and Elder Stout was on
his horse for home, at somebody’s instance Capt. John Hawkins arrested
Elder Stout for traveling and preaching without first obtaining a
_pass_.
“Elder Stout’s _friends_ interfered in his behalf and vouched for him
that he would report himself to Col. J. H. Moss, in command at Liberty,
which he did; and I reported the case back to Captain Hawkins. Colonel
Moss gave Elder Stout a permit to go to Nodaway Association, and where
his business called him.
“Who of Elder Stout’s former brethren and friends stood by and witnessed
this thing but did not interfere? You who were present and in the
confidence of Captain Hawkins answer: ‘We ought to lay down our lives
_for_ our brethren,’ but not arrest them and put them in jail.
“In February, 1864, I was reported to Captain Tiffin, then holding the
post at Richmond. There being no Provost-Marshal there then, I was sent
to Chillicothe, and kept there a prisoner for near two weeks.
“I was placed in the hands of Baker Wilson and two others as a guard to
take me to Chillicothe. Baker Wilson treated me kindly and
respectfully—very different from J. N. Henry.
“He took me to Mr. Herrick, the Provost-Marshal, who placed me in the
hands of John Gant, with directions to go to the jail and get my
breakfast, which I did, and then report at his office. I then made a
plain statement of facts as they had occurred in this matter, and told
him I could prove my assertions if he would allow me time to take a few
depositions, which he kindly did. The Marshal then gave me the limits of
the town for my boundary.
“I was now kindly invited to the house of Charles H. Mansur, who, with
his kind lady, did all in his power to make my situation as comfortable
as possible under the circumstances, for which I feel under lasting
obligations. I formed some other acquaintances who seemed deeply to
sympathize with me, but were actually afraid to let it be known. I
occasionally, as directed, reported to the Marshal, who, when not
engaged in business, was free and frank to talk, and I think is a just
man. He said he was there to punish the guilty, not innocent men. I
asked him with what I was charged in this case. He at first refused to
tell me. I then told him what Captain Tiffin had told me. He then showed
me the affidavit of Mrs. Herod, stating that I had passed her house
piloting bushwhackers, and that she heard me say some things to Mr.
Jeremiah McDonald. I satisfied the Marshal that these men, who had taken
me that day and compelled me to pilot them a few miles, were not
bushwhackers, but some of Shelby’s men, under Col. Lewis Bohanon, who
the day before had taken Carrollton.
“The conversation said to have been had with Mr. McDonald was all
satisfactorily settled by his deposition and a few letters from
gentlemen at Richmond. So, when the day of trial arrived, there were no
other charges against me and I was acquitted. I felt humiliated and
mortified to think that I, as a minister of Christ’s Word, should bring
disgrace on the cause of my Master. But what could I do. All this was
forced upon me, without my consent in any wise. It has caused me a great
deal of sober reflection and deep searching of heart to know whether I
was in fault.
“But upon more mature reflection, considering the excitement of the
times and the apparent hue and cry against every man that would not join
in the fanaticisms of the day, Paul, the Apostle, in the 2 Timothy iii.
12, came to my relief: ‘Yea, and all that will live godly in Christ
Jesus _shall_ suffer persecution.’
“These statements I have made, and they are well known to be strictly
true by many citizens now living in this community; and as we are now
making history for the generations who shall live after us, let us pen
them down for the benefit of those who may survive us, so that all may
clearly see that men are now, as in other days, wicked, and that nothing
short of the love of God shed abroad in their _hearts_ will make men
either love or fear God aright.
“I will now mention some of the troubles that I have had with the State
authorities.
“The first trouble, as a minister of Jesus Christ, that I ever had with
the State authorities occurred at New Garden church, Ray county, on the
third day of November, 1865. I will detail, as near as I can, exactly
what happened on this occasion.
“Elder Joseph Warder had an appointment to preach at New Garden on
Thursday, the third day of November, 1865, and I promised to meet him
there on our way to Little Shoal, Clay county. Elder Warder failed to
come, so I had to occupy the pulpit, and tried to preach to the people
then assembled from the Acts of the Apostles, v. 38: ‘Refrain from these
men and let them alone: for if this counsel, or this work be of men, it
will come to nought; but if it be of God, ye can not overthrow it, lest
haply ye be found even to fight against God.’
“Nothing unusual took place during the services. After the congregation
was dismissed, I came out of the house and went where my horse was
hitched. There I was pursued by Charles Perkins, with pistols buckled on
him, and he told me that he was authorized to arrest me. I asked him for
what? He then presented me a paper, which I read, which stated in
substance, if not _verbatim_, that, upon information furnished by Andrew
Cleavinger, Joseph Warder and James Duval had, on this 3d day of
November, 1865, preached at New Garden meeting house without first
having taken the oath of loyalty.
“Upon this charge Charles Perkins was commanded to forthwith arrest the
said Joseph Warder and James Duval, and bring them before Hiram Enlow, a
Justice of the Peace, to answer the aforesaid charges. And this you
shall in no wise omit, &c., &c. Signed, Hiram Enlow, J. P.
“Elder Warder was not present, notwithstanding the aforesaid affidavit.
I was taken in custody by the said Charles Perkins, who was deputized
for the purpose, Allan Sisk, the legal constable of the township,
refusing to serve this process.
“So I was held in custody by Charles Perkins, and that evening taken
before his honor, Hiram Enlow, J. P., and there bound in a bond of one
thousand dollars to again appear before said Enlow on the 17th inst.
John Welton was my security for my appearance. I was then released for
the present, and went on to Little Shoal, Clay county, to attend my
regular appointments.
“While in the ’Squire’s custody, I asked him if he believed in the
Christian religion? He said he did, and that he liked to hear the gospel
preached. I then asked him if he went to New Garden _to-day_ to hear the
gospel preached? He made no reply.
“On the 17th of November I again appeared before his honor, Hiram Enlow,
J. P. Several neighbors and friends were now present.
“B. J. Waters, the present Radical representative from Ray county, was
present, acting as prosecuting attorney. When called up for trial, I
asked leave to examine the papers, and found they were not the same
papers on which I was arrested, and told them so. Elder Warder’s name
was not on these papers at all. The ’Squire told me that I must answer
to the charges on the papers before me. I told the ’Squire that this was
all a new business to me, and I did not know exactly how to proceed. I
asked him what provisions the law made for me under these circumstances?
He told me I could swear that I could not get justice in his court; and
that I could appeal to the Circuit Court. I told him that was the thing
exactly. I appealed to the Circuit Court. B. J. Waters then asked him
for what amount he should take the bond. I replied to him, ‘Sir,
remember you are not bonding a felon.’ The ’Squire said, fill the bond
for two thousand dollars. John Cleavinger and John Welton entered as
bondsmen for my appearance at the next Circuit Court, the first Monday
in March following, where I again appeared.
“At Court I met Elder Isaac Odell and Allan Sisk, regular Baptist
ministers; Rev. Samuel Alexander, D. M. Proctor and Dr. Moses F.
Rainwater, Methodist ministers, and Rev. Hardy Holman, Kellyite
Methodist—all charged with violating the law, because we could not, and
would not, allow them to be conscience keepers for us, in taking an oath
that made us bow to their god. By so doing we would acknowledge that men
have rights over their fellow-men to make them worship God after a
prescribed form of law. We read that ‘God is a Spirit; and they that
worship him must worship him in spirit and in truth.’—John iv, 24.
“After the convention oath came in force, prohibiting ministers from
solemnizing marriages, I acknowledged their right to prohibit in this
case; so I did not, while the law was in force, attempt to marry any
one. But preaching the gospel to sinners was another thing. Christ said,
‘My kingdom is not of this world;’ therefore men are not authorized to
make laws to govern his kingdom. Christ has given us all necessary laws
to govern his kingdom. Let all his followers obey them.
“At the March term of the Court we had no trial, but were all severally
bound again to appear at the next term of the Court; Jacob Seek vouching
for me in this case in the sum of _four hundred_ dollars. Judge Walter
King presiding.
“At that March Court two indictments were found against me, for
preaching the gospel without first taking the oath of loyalty. Simon E.
Odell was summoned before the following grand jury and gave information,
viz.: George W. Sargeant, foreman, George W. Foster, John Bogart, H. E.
Owens, James T. Lamar, David Conner, Charles B. Bacon, Holland
Vanderpool, Jeremiah Campbell, Wm. Vanhobber, James Hughes, Joseph
Gossage, Daniel Cramer, Edwin Odell, Sam’l Clevinger, John Query, Daniel
Parker and Isaiah Mansur.
“I will now relate another case that came under my notice.
“About the first of February, 1866, Aaron Cleavinger gave information to
Elisha Riggs, Esq., that Elder Isaac Odell had preached without first
having taken the oath of loyalty. About the same time Aaron Cleavinger
gave information to Elisha Riggs, Esq., that Allan Sisk had also
violated the law by ‘performing the functions’ of a minister in like
manner. Wherefore, the said Elisha Riggs, Justice of the Peace, did
authorize and require one Charles Perkins to arrest the said Isaac Odell
and Allan Sisk, and bring them before him, the said Elisha Riggs, J. P.,
which he did about the 11th or 12th of February; and because they
refused to give bail in the case, did actually send them to Richmond and
put them in the county jail.
“Friends interfered, and Judge Walter King granted a _habeas corpus_,
and had them brought before him in Judge Bannister’s office. Allan Sisk
was now bound in the sum of two thousand dollars to appear at the next
Circuit Court; Lawson Sisk, John Seek and Simon E. Odell, securities.
Elder Isaac Odell was bound in the sum of two thousand dollars to appear
at the next Circuit Court; Lawson Sisk, John Seek and S. E. Odell,
securities.
“These bonds and fetters, and this species of tyranny and persecution,
did not yet satisfy the enemies of the cross of Christ; their malicious
hatred and fiendish propensities were not yet satisfied; they must show
the spirit of their master yet a little farther—‘Ye are of your father
the devil, and the lust of your father ye will do.—John viii. 44. So
about the last of May or the first of June, 1866, Nathan W. Perkins
informed Elisha Riggs, J. P., that James Duval had again, at some place,
or at some time (for the information did not state when nor where the
misdemeanor was done), violate the law by preaching without first having
taken the oath of loyalty.
“Near about the same time, Alfred Nelson informed Elisha Riggs, J. P.,
that Elder Isaac Odell had violated the law by preaching without first
having taken the oath of loyalty. But he, too, like Nathan W. Perkins,
failed to set forth the time or place.
“The warrants to arrest and bring before him or some _other_ justice of
the peace the said Duval and Odell were placed in Constable Sisk’s hands
to execute, so he deputized Joshua Smart to execute them. Deputy Smart
arrested Elder Odell, and came to my house June 12th and arrested me in
like manner, and took us to Richmond, before D. H. Quesenberry, J. P.
Here we were, like criminals, arraigned in open court to answer the
charge—_for preaching_.
Mr. E. F. Estebb, Prosecuting Attorney, appeared against us. Our mutual
friends, Hon. G. W. Dunn and C. F. Garner, Esq., appeared in our behalf
before the court without charge. We had quite a contest over the case.
Several speeches for and against were made, but as the charges were not
very criminal and the information very indefinite upon the allegation—a
poor thing at best—the prosecuting attorney failed to convict us, and
the unfortunate informers had the costs to pay.
“After the decision of the ‘Cummings case’ we were all discharged from
custody, and are still engaged in trying to preach Christ—the Way, the
Truth, the Life—to sinners. ‘But if our gospel be hid, it is hid to them
that are lost.’
“Only think of the age of the world in which we live, with all the
teaching and preaching, and laws to restrain men from doing violence and
wrong to their fellow-men. Yet if men are so wicked and demoralized, and
are living in our midst, is it not right and just to hold them to strict
responsibility for what they have done? ‘Let us not be weary in well
doing, for in due season we shall reap if we faint not.’
“Before I close I will mention one other case that took place under
these stringent laws of the State that required ministers of the gospel
to take a prescribed conventional oath, or they could not perform their
ministerial functions without laying themselves liable to law.
“In the county of Ray there is a regular Baptist Church called New
Garden. This Church had erected a comfortable building for a place of
worship. There were, and had been for some time, political differences
of opinion among the brethren, and finally, in the summer of 1866, the
Radical or law-abiding party, as they styled themselves, arraigned their
pastor, Elder Isaac Odell, a man of exemplary Christian character, as
they themselves then admitted, before the Church for ‘violating the new
Constitution.’ Elder Odell denied the charge. This was at their June
meeting for business. The case was now brought before the Church, Judge
Joseph Thorp, Moderator. The case was argued before the Church for some
time, both for and against the charge, and finally the Moderator put the
question to the Church, and the Church sustained their pastor.
“The Church considered the question now settled and were remiss in
prompt attention at the next monthly meeting; so those who brought the
charge took advantage of the absentees and again raised the question,
and, having the majority then present, moved to _rescind_ what was done
at the last Church meeting.
“The Church assumed the right and jurisdiction of a court, and sat in
the capacity of a jury, and found, in their way of deciding things,
Elder Odell _guilty_ of the charge, and excluded him from their pulpit.
“The opposite party, or those who remained with the Association, tried
to convince the complainers that this was a political offense, and that
they should have nothing to do with it until the courts of the State,
which alone had jurisdiction of the case, had convicted Elder Odell of a
misdemeanor, and then it would be time enough for them to take
cognizance of the case.
“These complainers admitted to the Church while the case was pending
that they had no charges whatever against Elder Odell; that his practice
was good as a Christian, his faith correct, he observed their Church
rules properly, but he must obey the laws of his State.
“Elder Odell, with others, as I have already stated, was at that time,
upon information furnished, under an indictment by the grand jury for
preaching without first taking the oath prescribed. But these Radical
friends would not wait until a conviction was had in open court, but
must now execute judgment, which they did, with the following
consequences:
“The Church now divided upon the propriety and legality of such
procedure, and each party appealed to the Association by sending letters
and messengers. The party that remained with the Association sent up the
following question: ‘Is it wise or scriptural to arraign a brother and
exercise Church discipline when the offense is purely political?’ To
which the Association answered negatively—‘neither wise nor scriptural.’
So the Radical party was now dropped from the fellowship of the Church
and the Association. The former clerk went with the Radicals and kept,
by force, the Church records.
“The Radicals locked the church doors and still keep it, and unkindly
refuse to allow their former brethren a day in the house, although the
latter had paid most in building the house. Each party remains separate
and has no Christian fellowship or intercourse whatever, religiously,
with each other.
“The indictment against Elder Odell in court failed, consequently the
charge was false; and now who is to acknowledge the wrong done in the
case?
“I have here stated that this division was political, and not religious,
for there was no question concerning the faith ever involved in the
controversy. As proof in the case, every Radical member that cried,
‘obey the law,’ left the Church proper and went with the disaffected
ones. Every Conservative member remained with the Church. It is,
therefore, apparent to all that this division was on a political
question—a thing heretofore not known in our Churches.
“The Regular Baptists have never introduced in their Churches any
political tests as terms of membership or Christian communion. Not so
with some who have separated from us; ‘they went out from us because
they were not of us; for if they had been of us they would, no doubt,
have continued with us; but they went out that they might be made
manifest that they were not all of us.’ 1 John ii. 19.
“We allow our brethren to hold whatever political opinions they may
think are right and just, provided they do not introduce them into the
Church, to the annoyance and disturbance of the peace and fellowship of
the brethren. We have always, as a religious body of people, carefully
avoided the mixing of Church and State together in our religious
devotions.
“Christ says, ‘My kingdom is not of this world.’ We consider that Christ
has given us in his Word a sufficient code of laws to govern us here in
this world: ‘If ye love me keep my commandments.’ And whensoever we
disregard the written Word of God and attempt to supply _supposed_
deficiencies by the legislation of men, we greatly err to our own hurt.
This is a reflection upon the wisdom of God and denies the doctrine of
inspiration; from which may God deliver his people.
“I have written these sketches mostly from memory, but I know in the
main they are true, and submit them to your discretion and farther
disposal, hoping that whatever may be done may tend to the glory of God
and the instruction of his people in establishing them in the truth.
“Respectfully, I hope, your brother in gospel bonds for the truth’s
sake,
JAMES DUVAL.”