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Brigadier-General Shackelford followed the fugitives. “We chased John Morgan and his command over fifty miles to-day,” he says, writing from the field, Geigek's Creek, July 20, nine P.M. “After heavy skirmishing for six or seven miles, between the Forty-fifth Ohio, of Colonel Wolford's brigade, which was in the advance, and the enemy, we succeeded in bringing the enemy to a stand about three o'clock this afternoon, when a fight ensued, which lasted an hour, when the rebels fled, taking refuge upon a very high bluff. I sent a flag of truce demanding an immediate and unconditional surrender of Morgan and his command. The flag was received by Colonel Coleman and other officers, who came down and asked a personal interview. They asked an hour for consultation. I granted forty minutes, in which time the command, excepting Morgan, who deserted his command, taking with him a very small squad, surrendered. It was my understanding that Morgan himself had surrendered, and I learn it was the understanding of Morgan's officers and men. “The number of killed and wounded is inconsiderable ; the number of prisoners between 1,000 and 1,500, including a large number of colonels, majors, and line officers. I captured between 600 and 700 prisoners yesterday.” Morgan having escaped with a remnant of his troops, moved in a northeasterly direction, evidently seeking a chance to get into Virginia. On the
23d of July he crossed the Muskingum River at Eastport. Here he was checked by a militia force, but succeeded in getting away with a loss of some fifteen or twenty of his men. On crossing the Central Ohio Railroad he burned a dépôt and tore up a portion of the track. On the 24th of July, Morgan arrived at Washington, Guernsey County, where he did much mischief, and obtained a large supply of plunder. General Shackelford, continuing in close pursuit, succeeded in over- July taking Morgan near New Lisbon, 26. on his way to the Ohio River, where he was seeking to cross into Virginia, above Wheeling. Having but some 700 men left, he made no attempt to resist the superior Union force which surrounded him, but surrendered himself and 400 of his band. The rest escaped across the Ohio River into Wirginia. The capture of the adventurous Morgan was considered one of the great events of the war, and the Secretary of State, in his summary of the successes of the North, thought it not unworthy of national exultation.*
• The public curiosity followed the noted chief and his officers to the seclusion of their prison, whose secrets were thus graciously disclosed by an obliging chaplain of the Ohio Penitentiary at Columbus, in a communication to the Christian Advocate :
“There are sixty-eight of Morgan's officers in the prison. They occupy the south side of the new hall, each end of which is temporarily closed. They are locked up separately in cells at seven o'clock in the evening, and aro unlocked at about seven in the morning. They enjoy the privilege of walking the hall through the day, which is perhaps one hundred and fifty feet long and twelve feet wide. At eight A.M. and three P.M. they are conducted to the common dining hall, and have prison fare, with, I believe, the addition of coffee and sugar, and some few articles furnished by themselves.
A faint attempt was made to create a diversion in favor of General Morgan, while hard pressed by the Union troops in Ohio. A force of several thousand men, under Pegram and Scott, penetrated Eastern Kentucky as far as July Paris, not far from Lexington. * They were, however, met promptly by the Union forces and repulsed. They
now retreated, closely followed by the Union cavalry, until they were forced back across the Cumberland River into Tennessee, leaving a large number of prisoners in the hands of their pursuers. A portion of the raiders, however, in their transit, made a successful raid upon Stamford, Ky., where they captured and burned a train of Union wagons.
“Morgan had no “belt filled with gold, greenbacks, and Confederate notes.’ His valuables amounted to $23 and a butternut breastpin. The amount of our government and postal currency found on the persons of the other officers was not large. They had considerable sums in Confederate money.
“Morgan and his men are all shaved and trimmed, in accordance with the rule of the institution. This is the custom, I suppose, for two reasons: first, to secure personal cleanliness; second, to give a uniform appearance to the prisoners, so that detection would be more easy in case of an attempt to escape.
“Morgan is full six feet high, straight and well built, with an elastic step and something of a commanding presence. His upper lip is short and somewhat sunken,
so that his front teeth are slightly exposed. His complexion is sandy, and the hair quite thin on the top of his head. He looks to be an ordinary man intellectually. He has, however, one of the qualifications of a good commander—he knows how to obey. He conforms strictly to the rules of the establishment, and enjoins obedience on the part of his fellow-prisoners. “Colonel Cluke is three or four inches taller than Morgan, very slender, with a thin, sharp face and resolute eye. I suppose, from his appearance, he has more dash and daring than Morgan himself. “Basil Duke is a small man, firmly built and muscular. His complexion is dark, and his eye and head indicate some mind and a bad heart. He is much the most intelligent-looking man of the crowd."
Political Action of Burnside in his Department.—The Arrest of Wallandigham.–Its Effect upon the Country.—The
Unpopularity of Wallandigham on account of his Opposition to the War.—Sympathy with him in consequence of his Arrest.—The Particulars of his Arrest.—An Attempt at a Rescue.—Its Failure.—Riot at Dayton.—Destruction of a Newspaper Office.—The Riot suppressed by the Military.—Arms Seized.—Wallandigham at Cincinnati-Trial by a Military Commission.—Charges.—Witnesses.—Cross-examination.—Portrait of Wallandigham.—Wallandigham found Guilty and sentenced to be Imprisoned in Fort Warren –Sentence Commuted by the President to Transportation within the Lines of the Enemy.—Wallandigham delivered to the Enemy. --His Reception.—Wallandigham nominated for Governor of Ohio.—Wallandigham runs the Blockade.—At Nassau.—In Canada. —His Address to the Democrats of Ohio.—The Election in Ohio.—Wallandigham defeated.—Action of Democrats in various States in regard to the Arrest of Wallandigham.—Resolutions of the Albany Meeting.—Answer of President Lincoln.—Excitement of the Country.—Riots in Albany and Philadelphia.-Political Agitation in Kentucky.—Vigilance of the Military Authorities.—The Democratic Convention dispersed.—Continued Loyalty of the Kentucky Legislature.— Opposition to the Administration at Washington.—Rigid rule of Burnside.—His Orders in regard to the Election. —The Election in Kentucky.—State of Parties.—Success of Union Candidate.—Opposition to Burnside's action in
Illinois, etc.—Burnside forced to Retreat.
THE purely military movements of General Burnside in his department, however effective, yielded for a time in public interest to his repressive political action. The arrest of the Hon. Clement L. Wallandigham, a citizen of the State of Ohio, and its representative in the Congress of the United States, was a measure, whatever might be its justification, which startled the traditional reverence of the American people for personal rights. Though Wallandigham had sturdily persisted from the beginning in opposing the popular sentiment in favor of the war, and thus made himself obnoxious to the vast majority of his countrymen, his arrest aroused, temporarily at least, a sympathy in his behalf among others besides his own partisans. During the night of the 4th of May, a detachment of soldiers left Cincinnati
by a special train, and arriving early next morning at Dayton, they battered down several doors of his house, and seized Mr. Wallandigham. His friends then rung the fire-bells and aroused a mob of people, who attempted to rescue him, but failed. During the night, Mr. Wallandigham having been, in the mean time, conveyed to Cincinnati, some 600 of his excited partisans took possession of the office of the Journal,” completely gutted the house, and burned it to the ground. The fire extending to the adjoining buildings, much valuable property was destroyed. All the telegraph wires and a bridge were subsequently demolished. The rioters, however, were arrested in their career by the arrival of Federal troops from Cincinnati and Columbus. Thirty of the ringleaders were seized and imprisoned; * This paper was politically opposed to Wallandigham.
the Empire newspaper, friendly to Wallandigham, was suppressed, a swivel-gun removed from the office, and two wagonloads of muskets stored in an armory were taken possession of by the soldiers. Dayton was thus restored to quiet and order. Meanwhile, Wallandigham had arrived at Cincinnati, where, on the 6th of May, he was arraigned for trial by a military commission,” appointed by General Burnside, commander-in-chief of the Department of Ohio. The “charge" and “specification ” were as follows: “CHARGE.-Publicly expressing, in violation of General Orders No. 38, from headquarters, Department of the Ohio, his sympathies for those in arms against the Government of the United States, declaring disloyal sentiments and opinions, with the object and purpose of weakening the power of the Government in its efforts to suppress an unlawful rebellion. “SPECIFICATION.—In this, that the said Clement L. Wallandigham, a citizen of the State of Ohio, on or about the 1st day of May, 1863, at Mount Vernon, Knox County, Ohio, did publicly address a large meeting of citizens, and did utter sentiments in words, or in effect, as
* The following officers composed the commission: “Brigadier-General R. B. Potter, President. “Captain J. M. Cutts, Judge Advocate. “Colonel J. F. De Courcy, Sixteenth Ohio. “Lieutenant-Colonel E. R. Goodrich, Commissary of Subsistence. “Major Van Buren, Aid-de-Camp. “Major Brown, Tenth Kentucky Cavalry. “Major Fitch, One Hundred and Fifteenth Ohio. “Captain Lydig, Aid-de-Camp."
follows: declaring the present war ‘a wicked, cruel, and unnecessary war; “a war not being waged for the preservation of the Union;' ‘a war for the purpose of crushing out liberty and erecting a despotism;’ ‘a war for the freedom of the blacks and the enslavement of the whites;' stating ‘that if the Administration had so wished, the war could have been honorably terminated months ago;' that ‘peace might have been honorably obtained by listening to the proposed intermediation of France;’ ‘that propositions by which the Northern States could be won back and the South be guaranteed their rights under the Constitution, had been rejected the day before the late battle of Fredericksburg, by Lincoln and his minions;' meaning thereby the President of the United States, and those under him in authority; charging ‘that the Government of the United States were about to appoint military marshals in every district, to restrain the people of their liberties, to deprive them of their rights and privileges;' characterizing General Order No. 38, from headquarters, Department of the Ohio, as ‘a base usurpation of arbitrary authority;' inviting his hearers to resist the same, by saying, ‘the sooner the people inform the minions of usurped power that they will not submit to such restrictions upon their liberties, the better;' declaring ‘that he was at all times and upon all occasions resolved to do what he could to defeat the attempts now being made to build up a monarchy upon the ruins of our free government,’ asserting ‘that he firmly believed, as he said six months ago, that the men in power are attempting to establish a despotism in this country, more cruel and more oppressive than ever existed before.’ “All of which opinions and sentiments he well knew did aid, comfort, and encourage those in arms against the Government, and could but induce in his hearers a distrust of their own Government and sympathy for those in arms against it, and a disposition to resist the laws of the land. J. M. CUTTs, “Captain Eleventh Infantry, Judge Advocate, Department of the Ohio.” The chief witnesses against the accused were two officers of the army, who had been sent by their superiors in command from Cincinnati, where they were on duty, to Mount Vernon, in order to report Mr. Wallandigham's expected speech at the Democratic meeting to be held there. These military witnesses were accordingly present, though not in their uniforms, and having listened to Mr. Wallandigham's oration, reported the expressions upon which the charge and their testimony in confirmation were based. The accused cross-examined the witnesses for the prosecution, but failed to extort from them any contradiction of their direct testimony; but he himself, in the course of their examination, positively denied the accuracy of some of their statements. His own witness, the Hon. S. S. Cox, a member of Congress from Ohio, who, like Wallandigham, had spoken at the Mount Vernon meet
ing, and was known to be his political
friend, contradicted, in some particulars, the testimony of the prosecution, and in his report of the speech greatly extenuated the offensiveness of its character. At the close of the testimony, Mr. Wallandigham said: “Gentlemen of the Court, very briefly and respectfully I offer the following protest : “Arrested without due “process of law,’ without warrant from any judicial officer, and now in a military prison, I have been served with a ‘charge and specification,’ as in a court-martial or military commission. “I am not in either ‘the land or naval forces of the United States, nor in the militia in the actual service of the United States,’ and therefore am not triable for any cause by any such court, but am subject, by the express terms of the Constitution, to arrest only by due process of law, judicial warrant, regularly issued upon affidavit and by some
officer or court of competent jurisdiction
for the trial of citizens, and am now entitled to be tried on an indictment or presentment of a grand jury of such court, to speedy and public trial by an impartial jury of the State of Ohio, to be confronted with witnesses against me, to have compulsory process for witnesses in my behalf, the assistance of counsel for my defence, and evidence and argument according to the common laws and the ways of judicial courts. “And all these I here demand as my right as a citizen of the United States and under the constitution of the United States. “But the alleged ‘offence' itself is